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Home My WebLink AboutAgenda Packet 02-08-05 -,- ~ '...I FEBRUARY.,20.S .... AM BOARD OF CODNty 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 as~s anyone wishing to spea~ 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 and address, spea~ing clearly into the microphone. If you have bac~up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982 The Board schedules additional wor~shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these wor~shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us ~ Fe"r..." ., 2..S .... A.M. DI.trlct No.4 District No.2 District No. I DI.trlct No. I District No. S (ltí1fIn7. /!u£k/)5ff) In Wfsh:gh Frannie H.tchln.on, Chairman Do.. C....d, Vice Chairman lo.eph E. Smith Paula A. Lewl. Chris Crall: Invocation Pled.e of Allegiance I. red MINUTES Ar~v Approve the minutes of the meeting held on February 1.2005. 2. PROCLAMATIONS/PRESENTATIONS ¿ Update by the Treasure Coast Regional Planning Council on the North County Charrette Master Plan B. Reading of the announcements by the County Administrator .. GENERAL PUBLIC COMMENT - -.l1fiil1\\lf"',f '.''1' ì" I ~, !~ l' ~ .. --.J L. /¡ ; Jœw:ed çO PUBLIC HEARINGS 4. CONSENT AGENDA SA. There are no public hearings scheduled for February 8, 2005. END OF PUBLIC HEARINGS - "'!'II"- , ~"'-"'"'" ..» ADMINISTRATION ~'~j) Purchase of 93.6 acres of Harbor Branch Oceanographic Institution (HBOI) property 700 ft. south of the St. Lucie County Fairgrounds - Consider staff recommendation to approve acquisition of 93.6 acres of HBOI property located 700 feet south of the St. Lucie County Fairgrounds in the amount of $2,300,000 plus closing costs estimated at $50,000. 7. PUBLIC WO~ ~{>iÓ\&V\ µ[lð to.t {hI' S~'Mt, '" (0 lr Discussion with the Board of County Commissioners conceming the Extension of Avenue 11M" from 25th street to \'11 Angle Road - Consider staff recommendation to approve installation of a roadway crossing at 33rd street canal, to connect Avenue "M" for fire and emergency access to Sunland Gardens subdivision. (\mn1U"'~ M~ð' 103eJ }heir ViIJt;, éi~ . CL1,ln~ Reg.l.. Agenda Feltru.., ., 2005 Page Two ~J COIlll1Y AnORNn {\\10~~ ..) Division of Forestry Lease at County Fairgrounds - Consider staff recommendation to approve the Lease and 1'\ \f) authorize the Chairman to sign the Lease. Ú ~Ø) n .., .~:D.LIC WORK' vre 0. ~ for h.u',fk d ìz,cLtssrfM tI., frU' Engineering Division - South Causeway Shoreline: 1) Update on pre-storm restoration with beach fill under the pO Ie en State's emergency order and 2) Direction from the Board regarding stabilization of south causeway shoreline- <'íff. Staff recommends no action be ta~en to re-nourish the south causeway shoreline. '-' ...., 10. ~ ~{)J\ ~ r- Resolution No. 05-060 - Urging the Florida Legislature to Adopt a Senate Bill to Create an Independent Ò \l L- Research and Education Authority within St. Lucie County, Florida; to Promote and Stimulate Economic Iii '\ Development and Employment Opportunities with St. Lucie County and Throughout the Treasure Coast; and ,AV'- , } (¡, Provide for a Referendum - Consider staff recommendation to adopt Resolution NO. 05-060 as drafted and 9( dir~ the County Administrator to forward a copy of this resolution to the Governor, State Senator Ken Pruitt, (Q (t'. or other members of the County's Legislative Delegation. íJß~~ý\"" ~ COUNTY AnORNEY . Qe5olu. L.,,, 40 ,.90. -Crw~r~ L\J'I^~ CAleUc~ ~ C f\'1ú b. sur d!ìi tj- {V\()lI, -Dr (UfIlM úJr {¡ b~ ~Clt(e0 OClV e,. ee-~ó\ ~ ( ~brufu~ wvJ I . .. "Sir! '-' . f ¡ I.~ lì1i!!uv" "'''''''0 x CONSENT AGENDA I. WARRANTS Approve warrant list No. 19 2. COUNTY AnORNEY A. Request Permission to Advertise - Public Hearing - Petition to abandon two unnamed, unopened right-of-ways on Sunrise Blvd. - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on March 1, 2005 at 6:00 p.m. or as soon thereafter as possible. B. Resolution No. 05-055 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-056 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-055 and Resolution No. 05-056 and authorize the Chairman to sign the Resolutions. C. Request Permission to Advertise - Public Hearing - Petition to abandon a 12 foot Utility Easement in Lexington Square - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on March 1, 2005 at 6:00 p.m. or as soon thereafter as possible. D. Contract for Sale and Purchase - Indrio North Savanna - BJS Properties, Inc. ParcellD 1407-421-0005- 0000/0 - Consider staff recommendation to approve the Contract For Sale and Purchase with BJS, Properties for the Purchase price of $75,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. E. Friends of St. Lucie County Public Health, Inc. - Grant Agreement for Drowning Prevention Program and Promotion of St. Lucie County Public Health Department Programs - Consider staff recommendation to approve the proposed grant agreement with Friends of St. Lucie County Public Health, Inc., and authorize the Chairman to sign the agreement. F. Request Permission to Advertise - Public Hearing - Petition to abandon a 12 foot Utility Easement in Lexington Square - Between Lot 20 & 21 - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on March 1, 2005 at 6:00 p.m. or as soon thereafter as possible. I. MANAGEMENT AND BUDGET Approval of Budget Amendment BA05-121 in the amount of $301,704 and BA05-122 in the amount of $217,562 to cover fiscal year 2004 insufficient accounts - Consider staff recommendation to approve Budget Amendment BA05-121 in the amount of $301,704 and BA05-122 in the amount of $217,562 to cover fiscal year 2004 insufficient accounts. 4. PARKS AND RECREATION A. Batting Cage Policy - Staff and the Recreation Advisory Board recommend approval of the Parm and Recreation Department Batting Cages Policy. B. Assignments of Agreements, approve to remove Fairgrounds Facility from current Concession Lease Agreement C02-06-442, Permission to go out for Request For Proposal (RFP) - Approval of Second Amendment to contract - Consider staff recommendation to approve the removal of the Fairgrounds Facility from the current Concession Lease Agreement C02-06-442, approve the Second Amendment to the contract, grant permission for staff to go out for Request for Proposal (RFP) for the Fairgrounds concessions, and approve an Assignment of Agreement for the County's current concessionaire agreements as drafted by the County Attomey from the Country Store Sub Shop and Catering to Domenic~'s Comer Grill, and authorize the Chairman to sign. Consent A..nda Feltr.arp ., _OS PageT.... '-' .....,,¡ C. Equipment purchase (10-Row Bleachers) EQOS-292 - Cancellation of EQOS-143 - Consider staff recommendation to approve EQOS-292 to purchase a 10-row bleacher for the Lawnwood Tennis Center in the amount of $S,147.00 and cancel EQOS-143 for soccer goals. D. Revised Equipment Request (EQOS-107) and approval of Budget Amendment (ABOS-125) - Goal posts - Consider staff recommendation to approve to increase the budget amount of EQOS-107 by $250.00, from $2,300.00 to $2,SSO.OO for the purchase of goal posts for Lawnwood Football Stadium, and BAOS-125, transferring funds to cover the total cost of the purchase. E. Revised Equipment Request (EQOS-141) - Tennis Ball Machine - Consider staff recommendation to approve to cancel EQOS-142, and use the additional fund .to increase EQOS-141 by $1,6S0.00 for the purchase of the tennis ball machine. F. Purchase of Storage Building at EI~s Par~ - Consider staff recommendation to approve the purchase of a 12x30 Streamline storage building from Thurman's in the total amount of $S,310 of which the Ft. Pierce American League has agreed to pay $S,200 in two annual payments of $2,600. S. UTILITIES A. Staff requests approval of Equipment Request EQOS-27S, Equipment Request EQoS-276 and Budget Amendment BAos-11S - Consider staff recommendation to approve EQOS-27S for the Dell 3300MP Projector in the amount of $1,47S.S3, EQOS-276 for the Smart Board SSo Pro in the amount of $1,6SS.00 and BAOS-11S. @ Amendment No. 1 to Wor~ Authorization No. 30 - Masteller & Moler, Inc. - Consider staff recommendation to approve Amendment No. 1 to Wor~ Authorization No. 30 for Masteller & Moler, Inc. to increase the lump sum amount from $216,9S0.00 to $253,1S0.00. .. GROWTH MANAGEMENT A. Approval of Equipment Request EQOS-271 for a Dell Server as replacement equipment and Equipment Request EQOS-289 for (4) new wormtations - Consider staff recommendation to approve the purchase of EQOS-271 and the purchase of EQOS-289 for new wor~stations. B. Authorize approval of Memorandum of Agreement (FM230262-S-S2-01) between the County and the Florida Department of Transportation for maintenance of the SR 70 pedestrian bridge - Consider staff recommendation that the Board support Resolution OS-OSS and enter into the Memorandum of Agreement (FM230262-S-S2-01) for maintenance of the SR 70 pedestrian bridge. C. Request of Lawson, Noble & Webb, Inc., for final plat approval for the project to be ~nown as PODS 12 and 13, PUD 1 at The Reserve (Scarborough Estates). This project is located at the southwest comer of the North side of Legends Drive, directly across from the entrance to Fairways Landing. The project consists of 27 residential lots. Consider staff recommendation to approve the final plat of PODS 12 and 13 at The Reserve (Scarborough Estates) and authorize its final execution. D. Request of Treasure Cay, LLC, for final plat approval for the project to be ~nown as Diamond Sands Subdivision. This project is located on 30.23 acres of land on the east side of State Road A-1-A, approximately 4 miles north of the Jensen Beach Causeway, in the HIRD (Hutchinson Island Residential District) Zoning District. The project consists of 4S residential lots - Consider staff recommendation to approve the final plat of Diamond Sands SID and authorize its final execution. Con.ent A..nda Febr.arp B, 200S Page Three '-" ...., 7. GUNTS A. Award of RFP #OS-013 - Guidance and Interpretive Signage - Consider staff recommendation to approve all three (3) proposals for the shortlist, permission to enter into a contract with the top ran~ed firm, Guidance Group, for an amount not to exceed $30,000; and for the Chairman to sign the contract as prepared by the County Attomey. B. Request Board approval to submit a grant application to the National Recreation and Par~ Association and the United States Tennis Association (NRPA/USTA) for $S,OOO to pay for a temporary tennis specialist who will assist in coordinating Junior Team Tennis Tournaments during the summer, 2005. Also request Board Approval to accept the grant if it is approved for funding - Consider staff recommendation to authorize the submittal of the grant application to the NRPA/UST A and to accept the grant if it is approved for funding. C. Request Board approval to submit six grant applications to the Children's Services Council for funds that will be utilized for scholarships to summer programs being conducted by the County's Par~ and Recreation Department. The item also requests Board approval of the acceptance of the grants if awarded. The six grant applications are for the following programs and funds: · Fort Pierce Community Center Teen Camp: $1,020 · Fort Pierce Community Center Kids Camp: $2,425 · Lincoln Par~ Community Center Kids Camp: $S,OOO · Lyngate Play Camp: $2,7S0 · Aquatics/swimming lessons: $1,000 · Lawnwood Tennis Program: $2,400 Consider staff recommendation to authorize the submittal of the six grant applications to the Children's Services Council and the acceptance of the grants if awarded. B. ADMINISTRATION A. Request for Board approval of Change Order No. 7 in the amount of $126,380.00 in the contract with Rodda Construction for the repair of Tradition Field - Consider staff recommendation to Change Order No.7 in the amount of $126,380.00 in the contract with Rodda Construction for repair of Tradition Field. B. Sale of Alcoholic Beverages at Tradition Field - Consider staff recommendation that staff send the attached letter to the St. Lucie Mets authorizing the sale of alcoholic beverages in addition to beer and wine at selected areas of the stadium. This excludes concession areas. C. Gubernatorial appointment term of the District Medical Examiners in District 19 will expire on July 1, 2005 - Consider staff recommendation to approve the Reappointment Ballot Form with the concurrence of the recommendation of reappointment of Dr. Mittleman for submittal. .. PURCHASING A. Fifth Amendment to Contract No. C02-04-399 with The Terminix Intemational Company - Consider staff recommendation to approve to exercise the second one-year renewal option to Contract No. C02-04-399 to extend the terms of the contract with The Terminix Intemational Company through May 9, 2006. Staff is also requesting approval to add Elections and Cler~ of Court at the Orange Blossom Business Center and Walton Road Annex, and remove Courthouse and Village Green, and authorize the Chairman to sign the amendment as prepared by the County Attomey. Con.ent Agenda Feltr..., B, 200S Pase Four ~ ...., B. Second Extension to Contract No. C02-03-295 with Hennis Construction Company Inc. - Consider staff recommendation to approve the second extension to contract C02-03-295 with Hennis Construction Company Inc. and authorize the Chairman to sign the extension as prepared by the County Attomey. C. First Extension to Contract C03-02-222 with Sims WiI~erson Engineering, Inc., Contract C03-02-22S with Culpepper & Terpening, Inc., Contract C03-02-235 with Hazen & Sawyer, P.c., Contract C03-02- 269 with Kimley-Hom and Associates, Inc., and Contract C03-02-244 with Keith and Schnars, P.A. for Engineering Services - Consider staff recommendation to approve the first extension to Contract C03- 02-222 with Sims WiI~erson Engineering, Inc., Contract C03-o2-22S with Culpepper & Terpening, Inc., Contract C03-02-235 with Hazen & Sawyer, P.c., Contract C03-o2-269 with Kimley-Hom and Associates, Inc., and Contract C03-o2-244 with Keith and Schnars, P.A. for Engineering Services and authorization for the Chairman to sign the extensions as prepared by the County Attomey. D. Award of RFP #05-017 - Processing/Recycling Services for Yard Waste - Consider staff recommendation to approve of award of RFP #05-017 - Processing/Recycling Services for Yard Waste to the top ran~ed firm, Thelin Recycling at a cost of $16.97 per ton, and permission for the Chairman to sign the contract as prepared by the County Attomey. E. First Extension to Contract C03-02-247 with Corzo, Castella, Carballo, et 01, Contract C03-02-2S7 with Jen~ins & Charland, Inc. and Contract C03-02-245 with Williams, Hatfield and Stoner, Inc. for Structural Engineering Services - Consider staff recommendation to approve of the first extension to Contract C03-02-247 with Corzo, Castella, Carballo et 01, Contract C03-02-257 with Jen~ins & Charland, Inc. and Contract C03-02-245 with Williams, Hatfield and Stoner, Inc. for Structural Engineering Services and authorization for the Chairman to sign the extensions as prepared by the County Attomey. F. Permission to advertise a Request for Proposal (RFP) for Continuing Professional Engineering Services- Utilities Department - Consider staff recommendation to approve permission to advertise a Request for Proposal (RFP) for Continuing Professional Engineering Services - Utilities Department. G. Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane FranceslJeanne - Staff recommends that the Board: (1) Ratify the County Administrator's Order effective September 3, 2004 at 5:00 P.M. and September 24,2004 at 9:00 A.M., (2) Approve the waiver of sealed bids as a result of the declared emergency, (3) Ratify the County Administrator's approval of the list of emergency purchases orders, and authorize the Chairman to sign contracts as prepared by the County Attomey. H. Bid Waiver and Piggybac~ Martin County School Board Bid No. MCSOO-1028-JK for the purchase of one 125-ton Trone Chiller and to solicit quotes for an outside contractor to install it at the Sheriff's Administration Building - Consider staff recommendation to approve the waiver of the bid process and permission to piggybac~ Martin County School District Bid No. MCSOO-1028-JK for the purchase of 125-ton Trone Chiller with The Trone Company, a division of American Standard Inc. for $43,381.00. Also, to solicit quotes for an outside contractor to install it at the Sheriff's Administration Building. I. Cancel contract C04-10-474 Long Line Mowing Contract with Greenscapes Inc. and permission to advertise an Invitation for Bid (IFB) with revised specifications - Consider staff recommendation to cancel contract C04-10-474 Long Line Mowing Contract with Greenscapes Inc. and permission to advertise an Invitation for Bid (lFB) with revised specifications. Con.ent Agenda Feltru.., B, 200S Page Five '-" ....., 10. INVESTMENT FOR THE FUTURE Amendment No.1 to Wor~ Authorization No.7 - Contract No. C03-o2-222 - Sims WiI~erson Engineering, for Civil Engineering Services and Survey for location of Chiller Plant at the Administration Complex (Civic Center, Administration and Roger Poitras Building) - Consider staff recommendation to approve using IFF funds in the amount of $30,000.00 for Sims WiI~erson Engineering, through Amendment No.1, to Wor~ Authorization No. 7, to provide the services of a sub-consultant for Civil Engineering and Survey for the Administration Complex and authorize the Chair to sign this Amendment No.1 as prepared by the Attomey. II. COMMUNITY SERVICES Approval of Budget Resolution No. OS-OS4 in the amount of $231,80S.00 for the FV02-03 SHIP (State Housing Initiatives Partnership) - Consider staff recommendation to approve Budget Resolution No. OS-OS4. 12. HUMAN RESOURCES A. Assignment of Contract - Consider staff recommendation that the Board of Count Commissioners sign "Consent to Assignment of Contract" declaration. B. Reimbursement rates for meals and mileage - Consider staff recommendation to approve Resolution No. OS-OS7 with an effective date of February 8, 200S. I" AIRPORT Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for $3S,000 for Hurricane repairs at St. Lucie County Intemational Airport - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chair to execute the JPA and Resolution OS-OS3 authorizing the Chair to sign the agreement, for Hurricane Damage Repairs at St. Lucie County Intemational Airport. This FDOT grant provides for $3S,000 of the $43,7S0 required for this project. 14. CENTRAL SERVICES A. Demolition/Removal of Stewart Sand Mine Building - Consider staff recommendation to approve the recommendation to obtain quotes, select the most qualified vendor and demolish and remove the Stewart Sand Mine building. B. Approval to purchase two (2) storage buildings to ease deficiency of storage space at Central Services and Roc~ Road Jail - Equipment Request No. EQOS-293 & EQOS-294 - Budget Amendment No. OS- 126 - Consider staff recommendation to approve the purchase, delivery and set-up of two 20x30 storage buildings, one at Roc~ Road Jail - EQOS-293, and the other at Central Services Compound - EQOS-294/Budget Amendment NO. BAos-126. II. PUBLIC WORKS Part time Office Assistant III Position for the MSBU Program in the Public Wor~s Department - Engineering Division and approval of Budget Amendment No. OS-127 to purchase a computer for this position - Consider staff recommendation to approve the non-exempt Part time Office Assistant III with Limited Benefits Position at a Paygrade 10, as outlined in the attached job description; and approve attached Budget Amendment No. OS-127 to purchase a computer for the new position. - .'-' 't....II ANNOUNCEMENTS FEBRUARY B, 200S 1. The Board of County Commissioners will hold a Strategic Planning Session on February 17, 200S from 8:00 a.m. to S:OO p.m. at the IRCC/FAU St. Lucie West Campus in the Schreiber Center, SOO NW Califomia Blvd., Port St. Lucie. 2. The Board of County Commissioners will hold a Wor~shop to discuss the findings of the Final Presentation of the Criminal Justice System Assessment on Thursday, February 24, 200S from 1:30 p.m. to S:OO p.m. in Conference Room #3. 3. The 40th Annual St. Lucie County Fair will begin on Friday, February 25, 200S and run through Sunday, March 6, 200S at the St. Lucie County Fairgrounds. 4. The opening day for spring training home games for the New Yor~ Mets at the Tradition Field will be on March 3rd at 7:10 p.m. versus the St. Louis Cardinals. S. The Board of County Commissioners will hold a Public Hearing on the Treasure Coast Land Clearing/Treasure Coast Tractor conditional use permit review on Friday, March 18, 200S at 2:00 p.m. in the County Commission Chambers. 6. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce, the Fort Pierce Utility Authority and the South Florida Water Management District on Friday, March 4, 200S from 2:00 p.m. to S:OO p.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (J72) 462-1777 or TDD f;TT2) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' "'" BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA F........ ., 2001 REGULAR AGENDA ¡I. PRESENTATION ~. Jet (Ì\ ~t. Lucie County recognizes Paul J. Hiott, Veteran Services Director, who was inducted into the ~' \j~' our Chaplains Legion of Honor on Sunday, February 6th, 200S. . QV\ \ ù Ç\I{ ¡f t CON'EN1' AGENDA () ~ CAI. MANAGEMENT AND BUDGET ~. Boys and Girls Club Alcohol and Drug Abuse Mini-Grant Award Extension - Consider staff ~C\ ~~ recommendation to approve the Boys and Girls Club FV04 extension and authorize spending , '\ the remaining $825.18. 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- 1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. St. Lucie Count, MO'Cluito Cont.ol Di.t.ict Paula A. Lewis, Chairman lo.eph E. Smith, Vice Chairman Dou. Coward 'rannle Hutchln.on Chris Craft District No. I District No. I District NO.2 District NO.4 Dlst.lct No. S AGENDA Fellruarp B, 2001 I~~ MINUTES ~~,~ jJ Approve the minutes from the meeting held on January 25, 200S. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 17 and 18. ,,~~d ~~p PURCHASING Second Extension to Agreement C02-01-211 with Adapco Inc. - Consider staff recommendation to approve the Second Extension of Agreement C02-01-211 between Mosquito Control District and Adapco, Inc. and authorize the Chairman to sign the Second Extension as prepared by the County Attorney. I. MJ ~~~~j) B\J 11 ~. . Impoundment Restoration - Fifth Amendment to May 25, 2004 Agreement with Native Technologies, Inc. {V~ t. '(C04-0S-39S) - Consider staff recommendation to approve the proposed Fifth Amendment to the May 25, ~~/ Þ 2004 Agreement with Native Technologies, Inc., and authorize the Chairman to sign the Fifth Amendment. ~ COUNTY AnORNEY Queens Cove - Revised Revocable License Agreement - Consider staff recommendation to approve the revised Revocable License Agreement with Queens Cove Property Owners Association, Inc., and authorize the Chairman to sign the Agreement. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-lm or TDD (;Tn.) 462-1428 at least forty-eight (48) hours prior to the meeting. \w' -.[1 run , "", "-Ì iHcêR I). a, , ....i ...' Ct. ..~.~.&~ i:.*i;.~...I.'+NI."M.r ~~._. JU~ !11m, Ii Frannie Hutchinson, Chairman Chris Crall:, Vice Chairman loseph E. Smith Do.. C....d Paula A. Lewis District No.4 District No. S District No. I District NO.2 District No. I AGENDA Feltruarp B, 200S (¥t} MINDIO M~~ j) Approve the minutes from the meeting held on January 18, 200S. ~) \ ') Approve the minutes from the meeting held on January 25, 200S. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 17 and 18. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action talæn 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 mode. 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 tn2) 462-1777 or TDD tn2) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' ....., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Chris Craft, Doug Coward, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Paul Phillips, Airport Director, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held January 25,2005; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS PRESENTATIONS A. Resolution No. 05-037- Proclaiming February 5,2005 as "Jazz Festival Week" in Ft. .Pierce, Florida. It was moved by Com. Craft, seconded by Com. Smith to approve Resolution No. 05-037; and, upon roll call, motion carried unanimously. J. GENERAL PUBLIC COMMENTS Mrs. Nadine Stewart, resident, addressed the Board regarding the violation of Board direction by the contractor for the Waterstone Development project. Com. Hutchinson stated she would review the e-mails and confirm the violation and contact Mrs. Stewart. Mr. John Arena, County resident, addressed the Board regarding the Indian River Lagoon. Ms. Susie Caron, Indrio Road resident, addressed the Board and concurred with Mrs. Stewart in the violation of Board direction. Com. Hutchinson stated she had advised Mrs. Stewart before Ms. Caron came into the Chambers of the review of the e-mails received and she would also contact Ms. Caron of the outcome. Ms. Deolores Maynard, Green Acres resident, addressed the Board with regards to Waste Pro not picking up shrubbery that had been placed for pick up. The hauler had advised Ms. Maynard that this debris was considered land clearing and they did not pick up this type of debris as a regular item. Ms. Maynard also expressed her dissatisfaction with the permitting process. Mr. Dennis Grim, Code Enforcement Manager gave an update on the additional staffing request. Mr. Jay Macumber, area resident, addressed the Waterstone Development Project and asked if plans have been submitted. The Planning Manager advised those present of the plans being submitted this afternoon and has not had time to review them. Com. Hutchinson advised Mr. Macumber that he may obtain a copy of the plans from the Planning Manager. '-' '-" Ms. Elaine Cunningham Sunland Gardens resident, addressed the Board and asked information on the road and if it was being paved. The MSBU Coordinator advised Ms. Cunningham they are not presently working on an MSBU for paving of the road, however, she asked Ms. Cunningham to call her and she would be more than happy to advise her how to pursuc the rcqucst. 4. CONSENT AGENDA (1-932) It was moved by Com. Smith, scconded by Com. Craft, to approvc thc Conscnt Agcnda with itcm C-8-A pulled and will bc rcschcduled for a latcr meeting; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 18. 2. COUNTY ATTORNEY A. Seventh Addendum to Shopping Center Lease- Village Green- The Board approved the Seventh Addendum to extend the term of the lease for two months and authorized the Chairman to sign the Seventh Addendum. B. Resolution No. 05-050 Extending State of Emergency for Hurricane Frances and Resolution No. 05-051 extending the state of emergency for Hurricane Jeanne- The Board approved Resolution No. 05-050 and 05-051. 3. UTILITIES A. Work Authorization with LBFH-Enginecring/Consulting Services- The Board approved Work Authorization with ZLBFH, Inc., for engineering/consulting services for the design of a water main interconnect North Hutchinson Island between S1. Lucie County Utilities and the City ofVero Beach in the amount of$74,150.00. B. Work Authorization with Camp, Dresser & McKee - The Board approved the Work Authorization with Camp, Dresser & McKee for engineering services pertaining to the West County Regional Wastewater Treatment Plant-phase 1 facility siting analysis in the amount of $68,980.00. 4. PARKS AND RECREATION Rcqucst by the St. Lucic County 4-H Club for fee adjustment for use of the Adams Ranch Equcstrian Arcna- The Board approvcd the 4-H Club Rocking Horsc and Timc Chasers requcst to use the Adams Ranch Equestrian Arena at the reduced feed of $937.50 for their March 26, 2005 fundraiscr. 5. GROWTH MANAGEMENT Draft Resolution No. 05-011 granting approval for a Major Site Plan to be known as Prima Vista Commons- The Board approved Draft Resolution No. 05-011 subject to the conditions contained there n. 6. ADMINISTRATION A. Request for Board approval of Change Orders Nos. 2,4 and 5 for repair of hurricane damaged Tradition Field by Rodda Construction - The Board approved Change Order Nos. 2,4, and 5 in the amount of $28,610,$28,492 and $6,745 . B. Tourist Dcvelopmcnt Council Appointmcnt- The Board rati ricd Com. Craft's appointment of Glenn Jafe to the Tourist Development Council. 01/28/05 FZABWARR FUND 001 001142 001160 001165 001168 001290 001292 001293 001294 001814 101 101003 101006 101105 102 102001 105 107 107001 107002 107003 126 130 140 - '001 ~27 140306 140326 140329 140331 140332 140333 140337 160 170 183 183001 183004 183006 184203 184205 184805 185002 185003 185005 242 315 382 '-' ST. LUCIE COUNTY - BOARD WARRANT LIST #18- 23-JAN-2005 TO 28-JAN-2005 FtTND SUMMARY TITLE General Fund FTA Section 5303 Grant FY01/02 Section 112/MPO!Planning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 CTD Medicaid Non Emerg. Trips TRIP TDC Planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees FDOT-Hurricane Jeanne-Damage Cty Rd Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Southern Oak Estates Lighting SLC Public Transit MSTU Port & Airport Fund Port Fund FAA BCA 9L/27R/Rehab. 14/32 DOT-New N. Entrance Port Ft. Pierce FDOT Rehabilitate Airfield Lighting FDOT-Tay1or Creek Restoration/Acqui Benefit Cost Analysis Sto~ Water Permits Rehab Airfield Pavement Markings Install Perimeter Fencing #412400 Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Ft. Pierce Beach Restoration FDEP Fort Pierce Shore Protection P FIND Shoreline Stabilization for N SHIP Housing Assistance FY 01/02 FHFA SHIP FY02/03 FHFA SHIP FY04/05 Port I&S Fund County Building Fund Environmental Land Capital Fund EXPENSES 652,969.41 171.18 2,511.04 823.44 641. 89 52,682.00 7,502.72 382.90 5,421.98 100.38 160,501.38 1,400.00 165,389.14 2,488,666.74 61,416.25 3,646.87 1,814.69 69,049.33 337.84 23,285.88 6,238.28 114.15 453,830.43 7,961.40 519.68 J.,980.72 20,608.00 186,507.65 J.8,000.00 220.08 3,927.92 13,425.00 7,750.00 4,776.02 56.78 J.,5J.1.65 58.97 J.,256.21 38.81 20,834.23 1,452,000.00 7,860.60 11,300.30 3,699.70 1,581. 50 1,000.00 1,028,488.06 667,875.36 ...., PAGE PAYROLL 551,628.68 313.15 4,612.13 1,530.44 1,312.01 0.00 0.00 306.64 0.00 1,312.01 122,343.80 0.00 0.00 0.00 56,232.32 4,889.38 1,694.41 102,688.93 914.80 2,190.01 0.00 0.00 2,184.00 10,285.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,852.80 742.36 0.00 0.00 3,049.23 0.00 0.00 0.00 0.00 0.00 0.00 2,200.93 0.00 0.00 0.00 J. 01/28/05 FZABWARR FUND 396 401 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 625 ~ ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #18- 23-JAN-2005 TO 28-JAN-2005 FUND SUMMARY TITLE Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 7,751.25 68,S04.86 2S,677.20 98.17 2,237.13 50.98 124.20 53,811.98 3,961.87 24,131.35 3,473.72 21.12 75,679.12 119.95 48,894.34 119,466.38 22,999.34 1,944.69 29,739.68 8,110,823.8·9 PAGE PAYROLL 0.00 62,351.65 25,239.17 433.23 3,802.22 110.45 651. 81 1,731.39 294.55 11,257.85 4,212.08 73.64 478.64 462.90 55,967.83 3,179.56 2,038.71 4,008.58 0.00 1,049,578.09 2 '-' ...., 7. INVESTMENT FOR THE FUTURE A. Engineering Division- Change Order No.2 Glades Cut-off Road over C-24 Canal Bridge project- The Board approved and authorized the Chair to sign Change Order No.2 in the deductive amount of ($2,325.00) for a total contract price of$173,187.00; accepted the project; released the retainage in the amount of$17,318.70 and made final payment to the contractor CEM Enterprises, Inc., in the amount of$17,318.70. B. Central Services Vehicle Replacement- Mosquito Control Department- The Board approved the use ofIFF funds in the Fleet Replacement Program FY 04-05 and replaced the 1998 S-10 Spray struck with a new vehicle, a Ford F-150 4x4 extended cab, at a cost of$17,585.00. R. PUßLlC WORKS A. Engineering Division- Part time Office Assistant III Position for the MSBU Program- This item was pulled. B. Environmental Resources Division- The Board approved the request to use Road Impact Fees in the amount of$164,689.14 to purchase 4.73 acres ofTen Mile Creek property. 9. PURCHASING Award ofRFP # 05-016- Classification and Pay Plan Study- The Board approved all three proposals for the shortlist, permission to enter into a contract with the top ranked firm, Cody and Associates fiJr a total amount of$27,OOO (Budget approval II ßA05-124) and authorized the Chairman to sign the contract as prepared by the County Attorney. REGULAR AGENDA (1-956) 5.A AIRPORT St. Lueie County International Airport Part 150 Study Group Recommendation- Consider staff recommendation that the Board accept public comment and approve the recommendation ofthe Airport Part 150 Study Group for inclusion in the St. Lucie County International Airport Part 150 Noise Study Update. Ms. Diane Carter, MEA Group made a brief presentation. Ms. Lisa Waters, President, MEA Group, addressed the Board's questions. Com. Coward questioned the ability to purchase land outside the 65 decibel. Ms. Carter said they can purchase property around the airport, however, it would not be funded by the FAA under the noise program. Anything within the 65 DNL would be fundable under the FAA and FDOT funding. They are recommending 6 homes be purchased at a cost of $25,000 to the County with the rest of the funds coming from the FAA and the FDOT. Com. Coward stated he would like more information on possibly purchasing land even if it is outside the 65 decibel level area. Ms. Waters stated the group is looking towards protecting the lands due west of the airport which are currently orange groves from becoming residential development. Mr. Bill Theiss, St. Lucie Village Mayor, addressed the Board and recommended the Board embrace the recommendations of the study group. He would like to see some "teeth" into the plan to hopefully make those using the airport follow procedure. Com. Coward stated they needed to look at the lease agreement. The Board is restricted as to what they can do and these issues may be addressed through the lease agreement and still adhere to the laws. Mr. Jim VanHacken, Village resident, stated he was under the impression that it was not the study moving the airport. He thought they were going to get a "buy in" from the management. The only other option is to run the airport ourselves and not accept any money from the FAA. ~ ...., Ms. Diane Andrews read and submitted a prepared statement (see attached). Unidentified resident, addressed the Board regarding the constant noise due to the touch and go's and expressed her dissatisfaction with what has been done to stop the noise. Ms. Patricia Weiner, committee member, addressed the Board regarding the continued traffic of planes over her home. She expressed her concern with the parallel runway. Com. Smith questioned what type of procedures they would be looking at if they pursued the westward shift of the runway. Thc Airport Dircctor statcd thc wcstward shift would havc excellent noisc bcncfits without a doubt, howcvcr, thc study group chose the parallel runway due to the safcty bcncfits. Thc primary concern would be, would the FAA permit us to use existing pavement they have paid for if we were to do the westward shift. Com. Lewis asked if we were to pay for it would they pern1Ït us to utilize it. The Airport Director stated he was not sure, those are untested waters. He believes they would still be opposed. Com. Coward stated he was comfortable with the recommendations as written and he does not have enough information to takc action, but it does warrant additional information back to this Board and that is what the recommcndation calls for. II was moved by ('0111. ('ow:ml, seconded by Com. Lcwis, to approve the rccommendations and the specific aspects outside the realm of the Federal Dollars, are to come back to thc Board in the near future (30 days), and; upon roll call, motion carried unanimously. It was moved by Com. Coward, seconded by Com. Craft to direct the legal staff to come back to the Board with infonnation regarding the lease agreements and what ability the Board has to strengthen those agreements within 30 days and; upon roll call, motion carried unanimously. 5B PUBLIC WORKS- Initial Public Hearing (1-2641) Engincering Division- Sunland Gardens Phase n MSBU- Consider stafr rccommendation to adopt Rcsolution No.05-046 creating the Sun land Gardens Phase II MSBU approve the preparation of an Interlocal Agreement with the City ofFt. Pierce Utilities Authority and authorize the County Engineer to proceed with the engineering and design ofthe project. Ms. Brenda Shuman, area resident, addressed the Board in opposition to the project. Ms. Ann Duart, Sunland Gardens resident, addressed the Board in opposition to the project. She does not agree with paying for the pipes when she already has good water. Rev. Shelton, area resident, addressed the Board regarding the project and statcd this would placc a burden on many rcsidents who cannot afford the water. ~ ...., FAA I)urt J50 Study Group Recommcndntions Remarks prepared for the Public Hearing, February 1, 2005 Madam Chairwoman, Commissioners: I have had the honor of serving you as one of your representatives on the FAA Part 150 Study Group, and as your Alternate Representative to the FOOT District 4 Treasure Coast Airport Noise and Flight Training Assessment Group. I have concurrcd in all of thc recommcndations that thc MEA Group, consultants to both bodies, have forwarded to you this evening. However, I wish to voicc my concerns that onc of them, if pursued, might bring about some unwanted circumstances without in-depth prior due diligence. That conccrn is thc 'ccommcndation of further study of a 1500-foot westward shin of Runway 91U27L. I wish that this option had been researched and discussed during the Master Plan study, of which I was also a part. Ifthc option had bccn on thc table and it had provcn to be fcasible, I bclievc it would have been preferred over the construction of a parallel runway. The group's discussion of a westward shift included the simultaneous removal of the easternmost 1,500 feet, thereby alleviating the overflight of 81. Lucie Village. My concern is that the FAA would not allow the closing of the eastern 1,500 feet for strictly noise abatement reasons, and I do not see that any reasonable argument could be made that it would be for safety reasons. One airport employee suggested merely striping the eastern end, indicating it wasn't to be used but it would be there for emergency 'purposes. J also doubt that would be permitted if historical F ^^ decisions arc taken into consideration. My word of caution is: add 1,500 feet on the west, and you will likely be faced with a fait accompli of an 8,000-foot runway, which translates into airport expansion. Curing one ill might be creating a worse one. This very attractive suggestion just might be accomplished if the County did not accept FAA money for its construction but paid for it itself. That would require a lot of research to make sure that the end result was what was envisioned, and it would require a lot of local taxpayer money. I need not remind the Commissioners that we were told after the fact that we can't enforce that the new parallel runway be used for all Touch and Goes, which is what the Master Plan study group envisioned. We now find out that we can only recommend its use. I do not want to see that same thing happen to a westward shift of the east-west runway. ~~bu;~ Ðiane UiubœuM .N 0JdIí :JlutcIW"" OIl, J ð f.alul '-" 5t, Lucie County International Airport FAR Part 150 Noise Study Update and FDOT Treasure Coast Flight Training Assessment Board of County Commissioners February 1, 200,5, ~.."'.~ r,'.urtl'r''Im1v '-,' '. "" ~~~~~~1.T!~~~~, 1!.~;,ð:t;¡ "(tit,t. 'Q Present.llon by: The MEA Group, Inc. I"~, . ".,".,..,7k' .Nolse Exposure Contour Existing vs. Forecast Conditions 1\ . ~'~~.', ,', Recommended New/Revised ,: Operational Alternatives i · Discourage Stage 1 aircraft unless for /ife safety, emergency or aircraft recertification · Maintain voluntary touch and go procedures: _ Monday - Saturday, 8 a,m. until 2 hours aftor sun sot _ No Iralnlnu Sunday or holidays · MaintaIn n;ghlthno Preferential Runway Program · Encourage Ihe dnytlmo uso of Runwny 14 until now HunwlIY OU27H opllrutlonlll · Runway 9U27R preferred for trainIng operations · Jels use ·Close-In" noise abalement departure procedure · Study feasibilily of 1.500' westward shift of Runway 9R127L :' '-' 1 9 '-" ....,¡ '\ ~,,,-~ . Update Airport Zoning Regulations - Enhance Noise Impect Zones · I!nlargo zonol to overlay areal of higher noise exposure and community annoyance (4 mHo noUfic:JUon arca) · To encourage compatible land uses, now residential conslruction requires sound insula lion or a noiso easomont - New Provision: Sclloollmpact Zones (5 miles Irom ""Y cnds) - Provide oblllly 10 Counly 10 purchasc land, avlgollcn cosemenls or othcr remedies 10 minimize Ihc development of non-compatible land use, · I.nnd ar.quisol1 fir.¡ DNI. · Gound In~ulnU()n GO DNL . New Provision: Routinely disclose of Noise Study and airport location to property owners and local roaltors Including publishing tho nolso nHlp and a public nollco Inlho local nowspapor :' .~',~'~~ Recommended NoIse Impact Zones (4 miles) ",""",..:~; \ Recommended 'School Construction Zones 2 ~ '-' ¡"'¡"I",:",!;;f~. · Acquire residential properties located within the 65 DNL extending eastward to railroad tracks. - Approx. 6 homes - Est. cost $1 million (95% FAA -2.5%FDOT - 2.5%Local funding) · Consider residential sound insulalion for properties localed within the 60 DNL. Approx 72 homes - Est. $2.2 million No FAA S Ii. . Review of NCP Program · Informal Oparatlonat Program · Traffic Pattern Notification Lights for Training Aircraft ($50K) f . Nol.. · Nol.. Progr.m Monitoring - Nighttime Actlvlly Manllorlng - Complaint Monitoring · Nol.e Office Staffing ,If' Questions and Answers ¡ I J j If, .." 3 '-' ._.,..,~'j\ >( Treasure Coast Regional Noise and Flight Training Assessment &... ,..."",.-:üt'¡\ . 'l Treasure Coast Regional Aprt Noise & Flight Training Assessmcnt (TCA) 1\ . ~~t· -~ ~.' Atlantic Ocean ......-.....~ --- ..-...- .'-.... N:::- .+- ..--..:." ~ TCA Working Group Recomnlendallon. va. .. ('PH 1'..1 IfiO Nol.. Study Reconllnnnd.Uono Consl"ent e"monl T,...u" Coa.t SludV frR Study Group , f-- "'1!&tuI"'1o \lRB ASR·11l!'\1ít.r!rlion FPR Study Group supports. reduu .'ufI'C.. ~... " can,u.lnl, & Ittfprov. P'J11rI..... En"."':' relitlon.t ATC FPA Study Group .upporl" ~A c.of\Þol ..rvICI' i , lI'e.......u..1o Urlfor"'....ol""~~tlcylo Voluntary T/O', proudur.. ; "d~ Impacta ot d'~O""'IiI' flO', tlefor. I~'" . Mon. _ S.t, II '.m. unli12 ¡ tøudundCO .. 21'1ours afI,r ,uns" daI1y houri ,ft., lunn' V.. .,..\"Iftt opera'tlc"' ,"d on "'aiOf' helli.,.,.. . No ".Inlng On Sund.v CI í lund.~ .11oc.. "..u.UoI\, holld'Y' I,fll!æ.'lJr~'1Q .",t.ISr¡t'wN.v.ids. ~A NA Incul'" VI. II:If ·T.,,¡o~ epprcach... NA NA unde'lutlllzed "IJpo.tJ; SI.....!JRouœ. NA NA ----- -- Impro....ment. lit _"ports ~o NA NA ìncruuttalnlnø. k...: -..¿ 4 '-" .- -,\ ~-,.I''''' ,..~. TCA Worklnn Group ROI:OnU11fHuJAUQI\O Vß. r=PR Parl150 Nolso Study ROCoH1I1'\11IUJntlons c---- . COlltl.I.,,1 ,Ien\.nt ,__!~~~~. ~~~I~~L _~~!'~~ Otn~'.-'~__ , ----- ..- -- 5dlo,)1 CCln,~1eht with f5 Nou.hool,wi1hl., .r... Id.II\lfled Con!olluc.tlon Ch.pl., )33 SI.nd.II:I. In FS. Ch.pl" 333 Yu Zonn Nol$c Imp3c1 Cc.I\5I,t.nlYlitkF.S. Noise Impact lon..: 2·mUn on Zanel Ch.pll' 313 St.nd.rd.- ,¡th.r Ilde 01 nch ,,,nwIY nl.bliah Q.oml!tsltal cent,rllne end 4·miles .t lIeh Yu boutldll111 whf'r. .nd. No residentl.1 tonstn,/C!lon ,..ld,ntl.1 construction un!.., ~u"d 1",ul.I,d or .n"uld b. ,.U""nt IiItlnt.d. IImlt'Ølt'liIul.lrtd. Public IJotlcl Adopt not4lc.llon lon, rPR Airport Nottn,.Uon Ar..: with dlm.nllo"" ,ru lurrouf"Ióing the IIfport d.tl,,,,J"I:1 bV IoC:II within I 4.rni1e r.dius ... property cond~lons. ,.d....rtiu owners k:!entifiedof.....iI.bHity of Yu zo". map .nd MotlC. of study Information, m.p advertised .....U.bl. Inform.tion 3X 3X per year In lo(;.t paper, ~"y..r. forwarded to Rill Est.t. community for Inform.tlon.1 purposes u.. . Questions and Answers fN}E~tÃTìÒf(ALA¡~' ~ ~, .,^ rlO"d,'" T,,,,.'"'' Co," - '.~ .. . ,'(f~ ~. 'wi '-' .....,¡ Mr. William Bradley, Sunland Gardens resident, addressed the Board and stated he opposed the annexation to the city. Com. Hutchinson advised Mr. Bradley of the county's position on the annexation issue and how they have attempted to resolve this issue with the city. Ms. Edith Powell, Sunland Gardens resident, addressed the Board in favor of the project. Mr. Arstell Mims, Sundland Gardens resident, addressed the Board in favor of the project. Mr. l3enjamin Minus, Sun land Gardens residcnt,addresscd the Board in (~lvor orthe project and stated they needed good water in his area. Mr. Anne Tomler, Avenue I resident, addressed the Board in opposition to the project. Com. Smith addressed the concerns of the residents and stated he lived in Ham10ny Heights and there are serious issues in the community and one of them is water. He also advised the residents the city of Ft. Pierce needs the tax base and it is a complicated process. Com. Lewis addressed the fact that this is a request by 67% of the area residents. She advised the residents that as far back at 1993 there was a concern by the Health Department of possible contamination. There is also the SHIP program that can assist with the assessment. It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 05- 046, and to authorize the County Engineer to proceed with the Engineering and Design of the project; upon roll call, motion carried unanimously. 5.C COUNTY ATTORNEY (2-1222) Ordinance No. 05-001 Newsracks on Public Right of Ways- No action required from the County Commission at this time. The second public hearing will be held on Tuesday, February 15,2005 at 6:00 p.m. or as soon thereafter as possible. Com. Coward questioned the authority of the Board to mandate a standard. The Ass!. County Alloll1ey stated the Board can go only so rar. They can regulate aesthetics and sarety to a point. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board on this issue and provided photos of the existing newsrack boxes and a photo of the new boxes he felt should replace the unstable boxes. He also addressed the height of the bases of the new boxes. \..f "wi Mr. Charles Grande, Hutchinson Island resident, addressed the Board this issue and stated the new boxes are clearly an improvement. However, the boxes should not be placed on sidewalks, but should be placed on a concrete pad off the sidewalks. Mr. Bob Rossi, Scripts Marketing, addressed the Board regarding the adjustments to the Ordinance. He pointed out the extended sidewalk viewed in the photo was provided by the City ofFt. Pierce Public Works Department. They would like to work with the County's Public Works Department irthe county is willing to do thc same. He is aware there arc area in question in thc county such as on the beach area and would be willing to work with the county on these areas. Where there is more than 5 news racks thcn there should be modular racks, but does not see the need where there is only one. They are very costly and would need to work this into their budget next year. Com. Smith requested a report on the hardship such an ordinance would bring on the company. The County Attorney requested comments and if more time is needed they will request it. The proposed effective date is September 05, if this is not reasonable, they can also request a delay. Mr. John Duran, North Hutchinson resident, addressed the Board in favor of the ordinance. No action necessary. 5.D PUBLIC WORKS (2-3083) Code Compliance Division- Request for an order pursuant to Article III Chapter 2-5 of St. Lucie County Code of Ordinances and Compiled Laws, to repair or demolish an Unsare Structure at 2313 S. 36th St., Ft. Picrce, Florida- Pursuant to thc provisions of Artick III or Chapter 2-5 orlhe Sl. Lucil.: County Cod I.: or Ordinances and Compikd Laws. Starr recommends that thc Board enter an order as rollows: I) Richard A. Pumphrey, as owner orthe Building, shall obtain building permit by April I, 2005 to either repair or demolish the Building. Ifa permit is obtained by April I, 2005 Richard A Pumphrey as the owner of the building shall repair or dcmolish the building or cause the building to be repaired or demolished by June 17,2005. 2). If the pennit is not obtained by April 1, 2005 for repair or demolition of the building or if a pennit is obtained and the building is not repaired or demolished by June 17,2005 the County shall demolish the building and assess the entire cost against the real property where the building is located. It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. · '-" ...., 6. PUBLIC WORKS (2-3083) Change Order No. I in the amount of$429,894.03- Indian River Drive NOlih- Project- Consider staff recommendation to approve Change Order No. I in the amount of $429,894.03 for the Indian River Drive project and authorize the Chairman to sign. The County Engineer gave an update on the project. It was moved by Com. Craft, seconded by Com. Coward, to approve Change order No I., and authorized the Chairman to sign; upon roll call, motion carried unanimously. 7. PUBLIC WORKS Change Order No. I in the amount of $289,960.26 Indian River Drive Middle Project- Consider staff recommendation to approve Change Order No. I in the amount of $289,960.26, Indian River Drive Middle Project and authorize the Chairman to sign. It was moved by Com. Crall, seconded by Com. Lewis, to approve Change Order No. I, and authorized the Chairman to sign; upon roll call, motion carried unanimously. RA-I. COUNTY ^ TTORNEY Resolution No. 05-059- A resolution of the Board ofCollnty Commissioners ofSt. Lucie County, Florida urging the Honorable Governor Jeb Bush to facilitate advance hurricane funding and processing of hurricane claim payments on an expedited basis- Consider staff recommendation to adopt Resolution No. 05-059 and direct the County Administrator to forward a copy of this resolution to the Honorable Governor J eb Bush. The County Attorney stated in their haste to prepare this resolution, they forgotten to add, the Governor request to urge FEMA to reimburse local governments for debris removal in gated communities. He proposes this item be added to the title and on the second the second page add : " This Board requests the Governor to urge FEMA to reimburse local governments ror debris rcmoval in gated communities". On paragraph four it should read $60 million, this was a typographical error. The County Attorney advised the Board a joint letter between the County and Indian River County would be drafted as requested. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 059 as amended; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was ;ldjoull1cd. Chairman Clerk of the Circuit Court '-' ."", BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA Fellru.r" ., 2005 REGULAR AGENDA HI. PRESENTATION St. Lucie County recognizes Paul J. Hiott, Veteran Services Director, who was inducted into the Four Chaplains Legion of Honor on Sunday, February 6th, 2005. CONSENT AGENDA CAI. MANAGEMENT AND BUDGET Boys and Girls Club Alcohol and Drug Abuse Mini-Grant Award Extension - Consider staff recommendation to approve the Boys and Girls Club FV04 extension and authorize spending the remaining $825.18. 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 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. L. f<1t f It is with pride and hVr that St. Lucie County recogni,-, Paul J. Hiott, Veteran Services Director, who was inducted into the Four Chaplains Legion of Honor on Sunday, February 6th, 2005. The inspiration for the award comes from the courageous acts of the four Army Chaplains who were serving aboard the U.S.A.T. DORCHESTER when it was hit by an enemy torpedo and sank in the North Atlantic on February 3, 1943. Story Of The Chapel Of The Four Chaplains The Dorchester, a troop ship, was sailing the North Atlantic when a torpedo struck, shortly after midnight. There was panic everywhere. Four men remained calm - Chaplain (L T) Alexander Goode (Jewish), Chaplain (L T) John Washington (Roman Catholic), Chaplain (L T) George Fox (Methodist) and Chaplain (L T) Clark Poling (Dutch Reformed). They guided the men into lifeboats. When the lifeboats were filled, they distributed life jackets and when the life jackets were gone, they gave their own life jackets. It took 27 minutes for the ship to sink. But survivors still remember the four chaplains, arm in arm, voices raised in prayer standing on the deck. At that moment they felt that their work was done; but it was not. The act of these four chaplains inspired the founding of a Chapel. President Harry Truman was present at the opening of the Chapel of Four Chaplains in Philadelphia. But this chapel was more than a monument. As one of its first projects, the chapel created the Legion of Honor to recognize those who through their selfless acts make our communities better places in which to live. Mr. Frank Gilbert, a past recipient of this honor, and members of American Legion Post 355 nominated Paul. To be deserving of membership in the Chapel's Legion of Honor, one must serve above and beyond that required by professional or organization position, and give to the community, nation, and humanity without regard to race, religion, or creed. In his nomination application, Mr. Gilbert wrote, " Paul Hiott is the Director of Veterans Services in Sf. Lucie County.. . Paul is a Navy retiree and a human dynamo in his community'. He willing accepts any invitation to speak at churches, civic and veterans meetings to get his message across - most often on weekends and evenings. He is active in several civic organizations, including Big Brothers and Big Sisters and participates in numerous committees seeking to improve the lives of the less fortunate. Paul takes personal initiative to ensure homeless veterans receive adequate housing. He has spent untold hours taking veterans to the VA Medical Center to receive medical care; getting them enrolled in various programs to give them a fresh start and then helping them find employment. This year, he has even driven a homeless veteran to Atlanta, GA - in his own vehicle, on his own time - to be admitted to a VA Nursing home, after spending weeks reuniting the veteran with the family he had lost many years before. It is these selfless acts, and scores of others that go unnoticed, that are the basis for Paul's membership into The Four Chaplains Legion of Honor. 'k-. This was written by P\.., 1 Hiott and read at the ceremony: 'wi This was written by a teenage daughter for an English Essay on "My Most Interesting Person" This was composed in December 2004. This is the way this young person perceives her Interesting Person: A care taker, mentor, and a friend. He has done many wonderful things in his life. He is someone who I admire and respect. Most of us know someone we think is interesting. When I grow up I want to be as interesting as my Dad. My Dad never stops caring about everyone. He is so caring he lets neighbors store things in his yard. One time the neighbors had gotten a new trailer then stored it in our yard. My Dad always treats every one the same. It doesn't matter what the race, ethnic or sex is. He always puts everyone before himself. One thing people can do is trust my Dad. My Dad never goes back on his word. He never talks bad about anyone. My Dad is so trustworthy; people that don't even know him come and tell him their life problems. My Dad is the most interesting person I know. Some Dads are over protective but my Dad is more of a friend. One time we were at Friday Fest and we were playing around like friends or teenagers do. One thing that I cannot get over is that he talks a lot, for example: everyone who walks by him. Like I said my Dad is very caring and never stops helping everyone. That is what makes my Dad the most interesting Person I know. To conclude, my Dad has done many wonderful things in his life. My Dad is very caring, trustworthy and interesting. My Life would never be the same without the most interesting person I know, My Dad. Paula Hiott '-"/ '-" AGENDA REQUEST 'wi ITEM NO. C-Al DATE: February 8, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Boys and Girls Club Alcohol and Drug Abuse Mini-Grant Award Extension. BACKGROUND: On February 2,2004, the BOCC awarded $3,825.18 to the Boys and Girls Club in FY04 for the Alcohol and Drug Abuse Mini-Grant. During this period, a total of $3,000 was expensed leaving a balance of$825.18. As an outcome of the grant, the teenage dance team was selected to perform at a Boys and Girls Clubs of America function in Daytona Beach in August. Since then, B&GCA has requested that the girls perform at the SE Administrative Conference in Atlanta, GA in late February (see memo attached). As a result ofthis request, the Boys and Girls Club request an extension to spend the remainder ofFY04 funds for performance uniforms and to assist in the cost of sending the dance team to Atlanta. This request is consistent with the approved FY04 program scope for the period of 1/1/2004 thru 12/31/2004. FUNDS AVAILABLE: Drug Abuse Fund (109) PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Boys and Girls Club FY04 extension and authorize spending the remaining $825.18. COMMISSION ACTION: CONCURRENCE: [XI APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney:xx ¡~,. ,..1<1' , Coordination/Signatures Management & Budget: ~ Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) ~. G:\BUDGElìWP\AGENDA'S\AGENDA05\2'8'05'BOYS'&'GIRLS CLUB"EXT'MINI-GRANT.DOC ~.... ~ ~ /.....'...~.~""".......~.,...... .L '<'.- .~, I{;æ;:~~-" .':> ,t ~~þ' ~~~ BOYS & GIRLS CLUBS OF ST, LUCIE COUNTY January 26, 2005 Boys & Girls Clubs of St. Lucie County, Inc. 60? North ?th Street. Suite 1 Fort Pierce, FL 34950 Tel 561-460-9918 Fax 561-460-2196 r· ....'" [. Mr. Douglas Anderson St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Doug: We thank you for your past support of our organization with an Alcohol and Other Drug Abuse Mini-Grant. We have expended $3,000 of our grant leaving a balance of $825.18. As an outcome of your grant, our teenage dance team was selected to perform at a Boys & Girls Clubs of America function in Daytona Beach in August. Since then, B&GCA has requested that the girls perform at the SE Administrative Conference in Atlanta, GA in late February. We write to formally request permission to expend the remaining $825.18 for performance uniforms and to assist in the cost of sending the dance team to Atlanta. We are very proud of the dedication by these girls who have practiced tirelessly for months and the recognition they have received for their performance. Please contact me if you require additional information. Very truly yours, ,7ft fJ ("") 1 '\ ~ ,// 1,(;2/1- . ',J7~/ ~ Nqrman H. Penner, Jr. V Exæutive Director cc: Marie Gouin The Positive Place For Kids ~ A United Way A:;Jency ..... ..... -- 02/07:2005 D2:~3 FAX 77Z-4RO-2196 !4JOl ~ 'wi Boys and Girls Clu · of St Lucie County 772.460.9918 Memo To: Douglas Andef'son FIWN Norman H Penner, Jr, Executive Director DIdÞ: February 7, 200ð ReI AJcohol and Other Drug Abuse Mini-Grant ------ _._---_...._-.-._~-_._-- Ai follow up to our request for extension of the above grant, be assured that it is within the scope of sel'\líœS stated in ttle original grant. This perfOrTn.¡lnœ will gr.re the dance team the opport1Jnity to deliver the message of the Smart Moves Curriculum through ·:ls!'Iœ Pleatiecontact me if you rn..>ed additional infonrlatiOn. ~ .....:a ~ = ~ t..H 0'\ ~ ~ t"'~'"C ~ ~~Q~M ~ .....:a ~ o 0 tÐ QC ~ ~ ., ~ ~O::lO~ ::1 '" ., ~ Q:~:;:o =,æ.~n O='tÐ ~ .... =' ::I 0 -< ~~on -3 "CI ¡:S' t'" S. 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'" = '" "t:H'C¡ a ~s-= - ~ ~ - = N ~ ~ .¡;.,. ~ z = VI QC ~ ::¡ ~ ='" ('") = = = ~ ('") ='" ~ ., ., N ~ ~ VI ~ ~ ..... 0'\ \C N ..... ¡::: ~ ~ ~ rIJ ..... ~ ., -= - ~ = I N N ~ 0'\ ~ ~ ~ -...J = ~ ..... ~ = ..... rIJ ('") ~ - ~ = Q.. ~ ., N N ~ -...J ~ QC ~ .¡;.,. .... \w-- - ---- ~ '-" 'wi ITEM NO. 6 DATE: February 8. 2005 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Purchase of 93.6 acres of Harbor Branch Oceanographic Institution (HBOI) property 700 ft. south of the St. Lucie County Fairgrounds. BACKGROUND: See attached memorandum FUNDS AVAILABLE: The funds would be added to the permanent bond issue of $10,000,000 for the Research and Education Park. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the acquisition of 93.6 acres of HBOI property located 700 feet south of the St. Lucie County Fairgrounds in the amount of $2,300,000 plus closing costs estimated at $50,000. COMMISSION ACTION: CONCURRENCE: Review and Approvals ..p APPROVED o OTHER: o DENIED Approved 4-0 Frannie Hutchinson Absent º County Attorney: -º Management and Budget: º Purchasing: º Originating Dept: D Other: º Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. ~ "..-- '-" "'" TO: COUNTY ADMINISTRATION MEMORANDUM 05-09 FROM: Douglas M. Anderson DATE: January 27,2005 RE: HBOI Shrimp Property St. Lucie County has received appraisals for the 93.6 acres of property located approximately 700 feet south of the St. Lucie County Fairgrounds. The Harbor Branch Oceanographic Institution (HBOI) currently owns this property. The property is semi- developed and is serviced with its own underground utility service. This property has most recently been used for the Harbor Branch Shrimp Farm. The appraisals came in at $2,300,000 and HBOI has agreed to this price. There will be an additional $50,000 in associated closing costs. The estimated Annual Debt Service over 20 years for principal and interest to acquire this property is $170,000. The Debt Service coverage would come from the General Fund. ' Attached is a preliminary site evaluation prepared by Pete Keogh, Parks and Recreation Director. Staff has been interested in this site for several reasons; one is to be able to install stables to house horses/livestock into existing buildings on the property that would be used in performances at the Adams Ranch Equestrian Center. Staff has indicated that the County could charge approximately $18 per animal, per day housed there during equestrian events. Eventually, we anticipate housing up to 200 animals per day. We had originally planned on trying to rent out the shrimp facility portion of the property to another shrimp farmer. However, that deal didn't come to fruition. This site also has other interests to the County, in addition to assisting the County in preventing the fairgrounds from becoming landlocked. Larry Daum, Tourism and Economic Development Manager, has indicated through a January 5th e-mail, that the property could possibly be used for a hydroponics tenant who is looking for 5-20 acres for their facility. '-' "'wI Page 2 January 27, 2005 HBOI Shrimp Property However, the immediate use of the facility would be to use it as an accessory site to the fairgrounds to be used for housing livestock during equestrian events and an exercise area for livestock, which would eventually lead the equestrian facility from a Class "C" to a Class liB" facility. Attached is a report from Analytica discussing the revenue from this type of facility. We have the need for a warehouse (approximately 5,000 square feet) to store the emergency supplies (tarps, etc.) that are now stored in the Civic Center. The existing buildings on the HBOI property would be more than adequate for this purpose in addition to the other uses we have outlined. We realize that funding is tight at this time as a result of the hurricanes. However, we need to make a decision so we can notify Harbor Branch of our intentions. Please let me know how you wish to proceed. DMAlab 05-09 c: Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management and Budget Director Pete Keogh, Parks and Recreation Director Larry Daum, Tourism and Economic Development Manager Sherry McCorkle, Fairgrounds Manager Attachments ,-,. ...., PARKS & RECREATION INTEROFFICE MEMORANDUM To: Doug Anderson, County Administrator Pete Keogh, Director, Parks & Recreat[(¡<' Harbor Branch Property From: Subject: Date: January 3, 2005 As per your request for staff input on potential fairground related utilization of the Harbor Branch Shrimp property and its needs, Parks and Recreation staff has completed a preliminary site evaluation and submit the following observations and attachments: 1. Conversion of aquaculture building to horse barn/boarding stable -Building trusses appear structurally sound -Metal roof replacement required -Removal of all fiberglass siding -Removal of chemical storage and debris -Overhead indoor lighting is equal to Adams Arena -Ample power distribution panel boxes -Salvageable office space/conference room, kitchen and restrooms -Irrigation lines, pumps, fire sprinkler system are in place. Will require pressure testing to determine if operational -Purchase 87 Versa-stalls (10' x 12') @$1,300 each = $113,100. Projected stall cost subject to fluctuating cost of steel -Install ceiling drop hose bibs and electrical drop lines for stock grooming - Tractors and fork lift are all operational -Existing loading dock is well suited for stock load-in/load-out feed/tack delivery and veterinarian emergency vehicle transport service 'j '-' 'wi 2. Grounds -Debris removal and scarification of site -Soil bore testing for chemical leaching -Aerate/fertilize -Hydroseed with prescription pasture grasses -Construct several round pens and sand exercise paddocks -Re-construct ground lighting 3. Programming The St. Lucie County Fairgrounds Business Plan prepared by Analytica Consultants and presented to our BOCC in FY03/04 included recommended future space development. The top three elements for future consideration were: -Additional improved parking -Additional improved R.V. sites -Additional horse barns Purchase of this property would provide all as listed and take our venue from Analytica's assessment of us as a recognized Class "C" event status, that is adequate for locál, non-professional events due to our 58 stall capacity to a regional Class "B" event, approximately 200 stall venue. As Analytica indicated, it is possible to accommodate utilizing temporary rental structures and/or portable stalls, but in order to be a first class destination, these should be built as permanent structures with all necessary amenities. c: Ray Wazny, Assistant County Administrator ..¡.... Q) OJ co a.. ~ ~ - 0.. 0.. C/) o Õ ..c:: a.. ~ u Q) I CO ..... CO .0 ..... CO CD N ID 0> ctI a.. '-' ..., ã. q. (/) o Õ ..c: a.. ~ (.,) ID :r:: ctI ~ ctI .D ~ ctI CD - C'? Q) 0') co a.. '-" 'wi ë.. c;. rJ) o Õ .I:: a.. ~ u Q) I CO .... CO ..c .... CO icc - o(t CD 0> CO c... \.,t ...,¡ ã. a. en o Õ .J:: c... ~ u CD I CO I- CO .D I- CO CO I.t) Q) 0) co a.. '-' ...." ã. q. (J) o Õ .J:: a.. ~ CJ Q) I co .... co ..c .... co CD <0 .Q) OJ ro a.. '-' ..".¡ ë.. 0.. (/) o Õ .!:. a.. ~ u Q) I ro ..... ro .D ..... ro CD 'I. w \( ~ '-' ,.$ f.....+ "'" 9 000 :sr {?). ¡.s-fh:Þf).J"9./2/ ~I ~ I ,. ~_ ólAl ¿;?, 51-;/1.s ~l t.:Jr cO S"lIJj 3. 7_:::../ û 1& .ro SiP/IS, ¥#f..:,i. ou 18£ Anderson - HB Pro ert P ¡. ,. '.'-',.' ,~""">",,,:->:«<,,,:,,,...."»>:*' "*",' '-~^' ""~'''''"''X-_':'^''''_X':<<<':':':''" .....,¡ From: To: Date: Subject: Larry Daum Anderson, Douglas 1/5/200510:33:36 AM HB Property I have a company interested in part of the HB Shrimp Farm property. The company is a hydroponics company and is looking for 5 to 20 acres. Please let me know what the status of the property. '-' ""wI D RA FT Prepared by Analytica August 14, 2003 1 '-" ...., In addition to the Equestrian Center, the County will have to look at the development of additional barns or stalls in the future. The current inventory is only partially adequate for local non-professional events. In order to accommodate State and Regional events the following stall counts can be used as a rule of thumb. For regional events 200 stalls, for State events 400 stalls, and for National or Southeastern events more than 600 stalls. It is possible to accommodate these events using temporary rental structures and portable stalls, but in order to be a first-class destination these should be built as permanent structures with all necessary amenities including but not limited to cross-ties and wash racks. Of the possible venue types listed in the above table and the input from the interviews, which additional type of venue expresses the most compatibility for the market place? Several types of venues can be eliminated due to the size of the St. Lucie County market and the vast array of venues located in the Central and South Florida Market Area that would provide overwhelming competition. There are four that are easily eliminated from consideration due to market conditions and the nature of the industry that determines the success of these types of facilities. The four to eliminate are the stadium (Miami, Tampa, Jacksonville), the large arena (Miami, Sunrise, Tampa, Orlando), the convention center (Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa), and the performing arts center (Fort Pierce, Miami, West Palm Beach, Melbourne, Daytona Beach, Orlando, Tampa). Promoters, meeting planners and team owners outside of the St. Lucie County area determine the destiny of each of these facility types and the majority of demand for these venue types has already been supplied in the Central and South Florida area. The following table shows some of these facilities. 33 '-' "'wI · Staging: $.60 per sq. ft. (4' x 8' sections; largest size stage is 32' x 24') · Stall Shavings - $15.00 per bag · Stall Fees: o 1 day ...................................$18.00 o 2 days...................................$30.00 o 3 days...................................$45.00 o 4 days...................................$SS.OO o 5 days...................................$65.00 and $10.00 per additional day thereafter. Note: a charge of $5.00/per horse/per day for working out of a trailer. · Table: o (Rectangular) - three dollars ($3.00) each per day o (Round) - five dollars ($5.00) each per day · Table Coverings - paper: $2.00/table · Chairs: $0.50 each per day · Ticketed Events - auditing: auditing of ticketed events: nine dollars ($9.00) per hour for ticket sellers, eight dollars ($8.00) per hour for ticket takers · Tickets - roll: $10.00 per roll · Trash removal - $28.00/ton · Watering Trough: $15.00 per event The Fairarounds manaaer shall recommend to the St. Lucie County Board of County Commissioners reasonable fees for anv services or activities not listed or chanaes in the above fee schedule as necessary. Modifications can onlv be made with the Board of Commissioners aøøroval. 51 'wi ITEM NO. C-l DATE: 2/8/05 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): PUBLIC WORKS· ADMIN PRESENTED BY: ~\î1\&fM~ ( Don West Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Discussion with the Board of County Commissioners concerning the Extension of Avenue "M" from 25th street to Angle Road. BACKGROUND: See attached letters. FUNDS AVAilABLE: Construction funds for 33rd street culvert will be budgeted in fiscal year 2006, in the amount of $250,000.00. PREVIOUS ACTION: N/A RECOMMENDATION: Public Works staff recommends BOCC approval of installation of a roadway crossing at 33rd street canal, to connect Avenue "M" for fire and emergency access to Sunland Gardens subdivision. Review and Approvals COMMISSION ACTION: o APPROVED ~OTHER: o DENIED No Action taRen at this time. . Originating Oopt: (Pub. Wks.) ¥ . County Attomoy: :l::r 181 Purchasing: (j;/ r ( 0 Parks & Recreation: 181 Management and BUdget~ fY/m Ç:; o Environmental Lands: 181 Finance: (' u>~1 0 Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ '-' "-' w () a:: w Q.. . to- La... La... La... ·1 ·S H 1 ç l 0 ~ t- (f) () .... 0=: t- I.IJ ~ W ~ ;:) 10.1 -I I (J ;:) t- Z eo 10.1 IIIZ Q ~ 0- Q.III 10.1 10.1 0111 0 0=:0 ;:) Z Q.~ Z ~ 10.1 0=: ~ 0 0 . S 4 ç£ . ;:) Z 10.1 ci ~ 0 Q. 0 Z :2 ....I ~ 0=: Lo. III 0=: ~ 10.1 10.1 10.1 10.1 10.1 9 ;:) ;:) ;:) ;:) ;:) ;:) ;:) ;:) ;:) ;:) ;:) ;:) Z Z Z Z Z Z Z Z Z Z Z Z 10.1 10.1 10.1 10.1 10.1 10.1 10.1 10.1 10.1 10.1 10.1 10.1 III ~ ~ > ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ () ~ ....I ~ Z ~ (J 0: 10.1 ::J: ~ 10.1 CD ~ 'v " ~ ~ ; Q ~ o 0=:0 1o.I!: 0=:111 ;:)111 ....0 ;:)0: Lo.(J ~ ITY Of 0 RT PIERCE toriJa '-' ~\A-6 " M \\ ~~~- /'J~)J ~c.c 1 ì ~ . ~\)NIi ~ \ I / ~, oJ' .. ~ .' ./ ~f\ L~ ¡J V" ~ ,0 rø: ~ ~'. ~, ¡ (' r;;/) . (' ^f~{ TEL.(772) 460-2200 F~(772)467-9264 VNffl. cityoffortpierce. com OFFICE OF THE CITY MANAGER CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 October 9,2003 - , Douglas M. Anderson, County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear M[. Anderson: During the October 6, 2003 meeting, the City Commission of Fort Pierce voted unanimously to encourage St. Lucie County to pursue the extension of Avenue M as described in the attached letter from the Public Works Director of St. Lucie County. If you need additional information regarding the Commission's intent, please let me know. ~4{J &~ Dennis W. Beach City Manager DWB:jdr Attachment "} cc: Board of County Commissioners . ',..." I" c;-c '/,.C:' " n n r-;-~-:1 '1 l·f~~T_1_~~~~1 CITY OF FORT PIERCE, P.o. BOx 1480, FT. PIERCE, FL 34954-1480 ~ ~i2~!;_9¡'22MFICE '-' ...", September 29, 2003 PUBLIC WORKS DIRECTOR BOARD OF COUNTY COMMISSIONERS Donald ß. West, P.E. Commissioner R. Duke Nelson City of Fort Pierce P.O. Box 1480 Fort Pierce, FL. 34954 .".IRE: Avenue "Mil Extensióñ ',:.1 . , Dear Commissioner Nelson: ,: At the request of Commissioner Duke Nelson, County Public Works Staff has evaluated the work that would be required to.improve Avenue "Mil from 33rd Street to Angte Road, through the Sunland Gardens Subdivision. Currently, Avenue "Mil is an improved 2 lane paved roadway between 25th Street and 33rd Street, within the City Limits of Fort Pierce. Commissioner Nelson has suggested that Avenue "Mil could be improved to provide an alternative route from the City to Westwood High Schõol, located on Angle Road. This would help to relieve traffic congestion on Avenue "Q", and would provide greater accessibility for fire and emergency vehicle accesS to the area. The County Staff performed' field inspections to determine the extent of improvements that would be required to extend or improve Avenue "Mil from the City limits to Angle Road, through the Sunland Gardens subdivision. A preliminary design waS prepared to provide a basis for estimating the costs of improvements. The attached engineering estimate details the design and construction costs for the necessary improvements. Two (2) large culvert crossings will need to be constructed acrosS 33rd Street canal and 41st Street canal. Each of these culvert crossings will cost approximately $200,000 apiece to construct. The existing roadway is only a one- lane paved road, that does not align with the City roadway, between 33rd Street and JOHN D. [)(1,UHN. Disrrict No.1' DOUG COWA(1,D. Districr No.2. PAULA A. LEWIS. Disrricr No. J . mANNIE HUTCHINSON. District No. <1 . CLIFF [)A(1,NES. Districr No.5 County Adminisrrator - Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce. FL 34982,.:, rr::--. r~ .-, \\ /7 r.:=: ~ Public Worl<;s: (772) 462-1485 · FAX (772) 462-2362 I =".'---,i ':c',!_,,-v .!~? . Division of Engineering: (772) 462-1707 Fox 462-2362 · Division of f>,ood & ßridge: (772) 4 f 5~tfAX. 4ó~~~~3 i. Division of Solid Waste: (772) 462-1768 FAX 462-6987 .. :t I!. .. Division of ßuilding & Inspections: (772) 462-1553 Fox 462-1735 · TDD (772) I www.co.st-Iucie.fl.us '-' ....,¡ 41st Street. Avenue "Mil is an unimproved shell rock roadway between 41st Street and Angle Road. There is sufficient right-of-way along the corridor to accommodate a 2 lane paved roadway with swale drainage. The cost of widening the roadway to 2 lanes of paving is approximately $940,000.00. The total cost of improvements is estimated at '$,1,128,000.00, including roadway, large culverts, and drainage system. Implementation of a Project of this magnitude will require extensive surveying, engineering design and permitting, estimated at $180,000.00. Design and permitting would take approximately 24 months to complete. If the Board of County Commissioners desires to pursue this Project, it would best be managed with a phased ápproach. Currently, no funds are budgeted for Avenue "mil Improvements. However, ,>jHe County has identified :Sunland Gardens as a future project for stormwater , ' impr~vements. À stormwater master plan will be started in 2005 that would include the Avenue "Mil corridor. A potential first phase of this Project could consist of construction of a large culvert crossing at 33rd Street canal, that would connect Avenue "Mil to the City for fire and emergency accesS. This would require a budget of approximat~ly $ 250,000 for design and construction. Please let me know how you would like to proceed with this Project, based upon the information provided. We can Agenda this for Board of County Commission discussion or MPO discussion if you so desire. If we need to furnish additional information, please let me know. Donald B. West ¿;:r~ St. Lucie County DBW/sm c: Mayor Enns Fort Pierce City Commissioners Board of County Commissioners Douglas Anderson, County Administrator Dennis Beach, City Manager '-' ...,., SUNil ~ \ , #" ~......... tJ' ,.. "" 4P ~lTY Of ~RT PHR~~ .. OFFICÈ..OF THE MAYOR AND CITY COMMISSION CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FL 34954-1480 June 19,2003 TEL. [172) 460-2200 FAX [172) 467-9264 WW'-N. cityoffortpierce .com Douglas M. Anderson, County Administrator St. Lucie County ./ . \ "".12300 Virginia Avenue , Fort Pierce, FL 34982 Re: Drainage Culverts on Avenue M for Canal Crossings at 31st and 41st Streets Dear Mr. Anderson: The Florida Department of Transportation (FDOT) has installed a traffic signal light at 25th Street and Avenue M. Both the City and the County, along with the MPO, supported the request for this signal light. Most recently, the City and County endorsed the proposal to add pedestrian safety improvements and landscape improvements in the FDOT 5-year construction plan. The above improvements are definitely needed, but there is more that can be done. Currently, traffic goes west on Avenue Q tõ Westwood High School and returns via the same route. Also, emergency vehicles travel the same route. Should culverts be installed on Avenue Mover 31st Street and 41st Street, traffic congestion on Avenue Q can be reduced, and there would be greater accessibility for the area affected. It is therefore requested that culverts be placed on canals at 31st Street and 41st Street. Benefits will be for City/County residents, fire and police vehicles, and others. Thank you for your consideration. If I need to furnish additional infonnation, please let me know. Sincerely, "} ~~~~ R. Duke Nelson City Commissioner cc: Mayor and Members of City Commission Dennis W. Beach, City Manager Chief Jay Sizemore, St. Lucie County Fire District Dr. John Carvelli, Chainnan, St. Lucie County School Board' . L JUL I 5 200:3 ,_J . ¡ j ~~;':~~:~~~I~ , '-' ...., Avenue "M" Extension Sunland Gardens Paving and Drainage Improvements Engineering Cost Estimates ..'- Item Description Units Quantity Unit Cost Total Amount 1. Mobilization & Public L.S. 1 12,000.00 12,000.00 Construction Bond (2.5%) 2. Construction Surverying & L.S. 1 7,000.00 7,000.00 As-Built Survey é 13. Maintenance ofTraffié' L.S. 1 5,000.00 5,000.00 ., . - 4. Paving Type 5-3 Asphalt SY. 11,200 4.00 44,800.00 (2" thick) 5. Coquina Rock Base, SY. 11,667 6.00 70,002.00 . Primed (6" thick) 6. ..Stabilized subgrade 100 SY. 12,133 2.50 30,332.00 LBR (12" thick) , 7. Stabilized Shoulders 100 SY. 7,466 1.75 13,065.00 LBR (6" thick) 8. Grading & Shaping of SY. 9,333 1.50 13,999.00 Swales (within ÏUW) 9. Sodding of Swales & SY. 16,800 1.50 25,200.00 Shoulders (within RIW) . 10. Clearing of Road RIW and ,Acres 5.8 2,000.00 11,600.00 Retention Areas 11. Roadway Excavation CY. 3,000 4.50 13,500.00 12. Utility Relocation L.S. 1 30,000.00 30,000.00 13. Demolition & Removal of SY. 3889 6.00 23,335.00 "} Existing Roadway 14. Mailbox Relocations EA. 36 150.00 5,400.00 15. Fence Relocations LF. 50 10.00 500.00 16. Signage & Striping L.S. 1 1,500.00 1,500.00 17. Silt Barriers L.S. 1 800.00 800.00 '-' ..., ,...~~ Item Description Units Quantity Unit Cost Total Amount 18. Type "E" Catch Basins EA. 8 1 ,500.00 12,000.00 19. Storm Manholes EA. 4 1,500.00 6,000.00 . . 20:: Control Structures EA. 8 1,500.00 12,000.00 21. 24" RCP Pipe LF. 1600 30.00 48,000.00 22. 24" BCCMP Pipe LF. 200 28.00 5,600.00 23. 24" BCCMP Driveway LF. 1440 28.00 40,320.00 I Culverts 24. 24" Concrete Mtiered Énd EA. 88 500.00 44,000.00 ., '.,. Headwalls ' 25. Coquina Rock Driveways:' SY. 1620 7.50 12,150.00 (6" thick) ... Subtotal $448,104.00 , Paving & Drainage "} , . '-' """ Avenue "M" Extension Sunland Gardens Paving and Drainage Improvements Engineering Cos~ Estimates Large Culvert Replacements (2 Required) ~ Item Description Units Quantity Unit Cost Total Amount 1. Mobilization & Public L.S. 1 5,000.00 5,000.00 I Construction Bond (2.5%) '-- 2. Construction Surveying& L.S. 1 6,000.00 6,000.00 -" '. As-Built ShrVey 3. Maintenance of Traffic .. L.S. 1 5,000.00 5,000.00 4. Maintenance of Existing L.S. 1 2,500.00 2,500.00 Drainage in Canal 5. ...Turbidity & Pollution L.S. 1 1,000.00 1,000.00 Control , 6. Embankment Fill Material c.Y. 2500 4.50 11,250.00 7. Final Site Dressing & SY. 1000 1.50 1,500.00 Grading 8. Pipe Bedding Material c.Y. 18 40.00 720.00 9. Headwall Foundation CY. 60 40.00 2,400.00 Bedding Material 10. Concrete Headwall & Steel ' CY. 65 769.00 100,000 Reinforcing (65 cy) 11. Dewatering L.S. 1 7,500.00 7,500.00 12. 72" RCP Pipe LF. 100 600.00 60,000.00 13. "} Bahia Sodding SY. 1000 1.50 1,500.00 Subtotal $204,370.00 '-" ......, Avenue "M" Extension Subtotal Paving & Drainage Subtotal Large Culvert Crossings 2 Required @ $204,000 $448,104.00 $408.000.00 Total Estimated Construction $856,104.00 . \ ./ ....w A. ToJal with Contengencies (@110%) $940,000.00 'l"-. B. Estimated Desigil Costs for Surveying & Engineering $180,000.00 C. Estimated Permitting Fees $ 8,000.00 .. D. Estimated Land Acquisition Cost For Retention Areas $ 0.00 E. Total Estimated Development Cost $1,128,000.00 "} - - '-" ...,.; Avenue "M" Extension Assumptions for Design & Cost Estimates: 1. 24' Wide Paving (Travel Lanes Y within the existing 60' wide Right of Way. 2. Proposed Roadway is 0.80 miles long. 3. 8' Wide Stabilized Shoulders, with open Swale Type Drainage. . \ ~~.-.. 4. Primary StorrrrWater Discharge is to City of Fort Pierce Canal No. 8C (33rd Street Canal), and NSLRWCD Canal No 3(41st Street Canal). 5. Stormwater Retention is achieved by storing runoff in roadside grassed swales. No Retention Ponds are included. 6. No Sidewalks or Concrete cure & gutter is included in the cost. 7. Estimated costs provide for reconstruction of 36 existing driveway connections and relocation of 36 mailboxes. "} - . .,. . ' ""'" '-' . . . . ;1 ·n .', -30' ~0' ~ ~ ~ ;¡ ... J: 8' 10 ' 81 101 ¡~i /2' , 41' 41' <;' Cé/ ~ ~. . \ 'to i:j ·~~M , , .' ; . . r: :¡;~ SUl?~RNDE ~J' <;:!~";:(Lrz.Ð '0 ~JF) TYPICAL ROADWAY SECTION - NO SIDEWALKS ARE INCLUDED - SWALES ARE SODDED - 2~ WIDE SOD STRIP AT OUTSIDE EDGE OF TRAVEL LANES . "} @ ill ~ ~. ~ o.¿ \ \/^- ~ "WI AGENDA REQUEST ITEM NO. 'ö DATE: February 8, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Division of Forestry Lease at County Fairgrounds BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Lease and authorize the Chairman to sign the Lease. COMMISSION ACTION: CONCURRENCE: [~APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney: :x Review and Approvals Purchasing: Management & Budget Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 1 " '-' ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-129 DATE: January 26, 2005 SUBJECT: Division of Forestry Lease at County Fairgrounds ************************************************************************** BACKGROUND: In 2003, County staff met with Jim Rath, District Manager for the Division of Forestry to discuss the possible relocation of the Division of Forestry operation to the St. Lucie County Fairgrounds. County staff proposed to make available approximately three acres to the Division of Forestry to construct a new facility at the Division's expense. The Division of Forestry would agree to maintain a firebreak around the fairgrounds property. A subsequent meeting was held in July, 2004 at which Mr. Rath confirmed that the Division of Forestry would like to move its operation to the St. Lucie County Fairgrounds, Attached to this memorandum is a copy of a proposed Lease with the State of Florida Department of Agriculture and Consumer Services. Under the proposed Lease, the existing January 9, 1963 Lease for the County-owned property on Edwards Road would terminate and the Division of Forestry would relocate to property at the County Fairgrounds. On August 10, 2004, the Board conceptually approved the proposed relocation. RECOMMEND A TION/CONCLUSION: Staff recommends that the Board approve the Lease and authorize the Chairman to sign the Lease. DSM/ caf Attachment , '~.. I '-" ...,,; This document prepared by and should be returned to: Edward F. Kuester III Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard, MS C- 25 LEASE AGREEMENT FT. PIERCE FORESTRY STATION THIS LEASE AGREEMENT, made this _ day of , A.D. 2005, by and between S1. LUCIE COUNTY, FLORIDA as LESSOR, and the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, located at 407 S. Calhoun St. MS M12, Tallahassee, FL 32399-0800, as LESSEE; WHEREAS, Section 14(13), Chapter 69-106, Laws of Florida, transferred the Florida Board of Forestry to the Department of Agriculture and Consumer Services and assigned its functions to the Division of Forestry, with the Department; and, WHEREAS, on January 9, 1963, the parties entered into a Lease Agreement, for certain real property and improvements which under the terms of the Lease shall be used solely for State Forestry purposes in connection with fire control and which was recorded in O.R. Book 56, Page 545 of the St. Lucie County Public Records; and, WHEREAS, the parties desire to terminate the January 9, 1963 Lease, as amended, and enter into a new Lease on property at the St. Lucie County Fairgrounds. WITNESSETH: That in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the LESSOR has let and leased and does by these presents let and lease unto the LESSEE, its successors and assigns, the following parcel of land located in St. Lucie County, State of Florida, described in Exhibit "A" attached. 1. TERM: To have and to hold the same unto the said LESSEE, its successors and assigns for a period of twenty-five (25) years from the date hereof. 2. PURPOSE, USE AND CONSIDERATION: It is understood and agreed that said land shall be used for State Forestry purposes in connection with fire control. In the event that said land should cease to be used for legitimate State Forestry purposes for a continuous period of one (1) year, then the lands shall revert to the LESSOR, its successors and assigns, and the LESSEE shall have no further rights, title and interest therein, but shall have the right to remove from said lands any and all improvements, fixtures, goods, wares, merchandise, and any other properties it may have placed thereon. LESSEE shall maintain a fire break on the perimeter of the St. Lucie County Fairgrounds property where deemed necessary by LESSEE. Page 1 of 5 -,. '-' .....,.¡ 3. TITLE: The said LESSOR does hereby warrant the title to said land described IN Exhibit "A" and covenants that same is free from all liens and encumbrances except taxes and assessments for each year as they accrue and any reservations of oil, gas, or mineral interests or lease of oil, gas, or mineral interests affecting said land, and covenants to defend the title thereto for the benefit of the LESSEE, its successors and assigns, to protect the LESSEE in its use and enjoyment of the property above described in accordance with the terms hereof. 4. INDEMNIFICATION: To the extent allowed by law (Section 768.28, Florida Statutes), the LESSEE shall indemnify and save harmless the LESSOR from any and all liability, damage, expense, cost of action, suits, claims or judgments for injury to person or property of any and every nature arising out of the construction or-alteration of any building or structure on the demised premises, or out of LESSEE'S negligent use, occupation, management, or control of the same, or out of any activity carried on upon the demised premises. 5, TERMINATION OF JANUARY 9. 1963 LEASE: The parties agree that that certain Lease dated January 9, 1963 between the County and the Florida Board of Forestry, as amended on June 20, 1995 and on October 1, 1996, hereinafter referred to as the FBF Lease, and more particularly described in Exhibit "B" attached, is terminated 30 days after the issuance of a Certificate of Occupancy for the LESSEE's facility to be constructed on these leased premises described in Exhibit "A;" attached. All capital improvements made to property covered by the FBF Lease shall become owned by the County at the time possession is surrendered pursuant to the terms of this paragraph. The LESSOR agrees to accept the FBF leasehold property and any and all improvements thereon in an "as is" condition and said acceptance shall be binding upon the heirs, successors and assigns of LESSOR and shall be governed by and construed in accordance with the laws of the State of Florida, IN WITNESS WHEREOF the said LESSOR has caused this instrument to be signed in its name by its and its seal to be affixed, and the State of Florida Department of Agriculture and Consumer Services has caused this instrument to be signed in its name by the Director of its Division of Administration on the day and year aforesaid, in triplicate. Page 2 of 5 '-' "'-" LESSOR ST. LUCIE COUNTY By Witness Print Name Attest (SEAL) Witness Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005, by , as of St. Lucie County. He/she is personally known to me or has produced a driver's license as identification. Notary Public (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: Page 3 of 5 , ~.. . . 4 '-' """'" LESSEE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Witness Mike Gresham, Director Division of Administration Print Name Approved as to Form and Legality By: Witness Date: Print Name STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 2005, by Mike Gresham, as Director of Administration of the Florida Department of Aqriculture and Consumer Services. He/she is personally known to me or has produced a driver's license as identification. Notary Public (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: Page 4 of 5 '. ;r " . ~ .....,¡ EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 12, T-36-S, R-38-E, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF PEACOCK ROAD AND THE NORTH LINE OF SECTION 12, T-36-S, R-38-E, THENCE S 00°06'0311 W ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 950.14' FEET TO THE POINT OF BEGINNING; THENCE S 89°54'51" E A DISTANCE OF 361.49' FEET; THENCE S 00°06'03" W A DISTANCE OF 361.49' FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ;12 OF THE NORTHEAST X OF SECTION 12; THENCE N S 89°54'5111W ALONG SAID SOUTH LINE OF THE NORTH ;12 OF THE NORTHEAST X A DISTANCE OF 361.49' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF PEACOCK ROAD; THENCE N 00°06'03" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 361.49' FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.0 ACRES MORE OR LESS. EXHIBIT "B" LEGAL DESCRIPTION OF FBF LEASE From the corner common to Sections 21,22,27 and 28 in Township 35 South, Range 40 East, St. Lucie County, Florida; run South 00°04'30" West, along the line dividing said Sections 27 and 28 a distance of 90.00 feet to a point on the south Right-of-Way line of Edwards Road; thence North 88°54'30" West along said Right-of-Way line a distance of 755.44 feet to a steel axle and the Point of Beginning of the lands herein described: From said Point of Beginning run South 00°04'30" West a distance of 400.00 feet to a steel shaft; thence North 88°54'30" West a distance of 400.00 feet to a steel shaft on the east Right-of-Way line of existing County Road; thence North 00°04'30" East along said Right-of-Way line a distance of 400.00 feet to a steel axle on the south Right-of-Way line of Edwards Road; thence South 88°54'30" East along said south Right-of-Way line of Edwards Road a distance of 400.00 feet to the Point of Beginning. Less and except the North 15.00 feet; and less and except the West 212.00 feet of the South 124,00 feet; and less and except the North 260.94 feet of the South 384.94 feet of the West 162.00 feet. Said parcel containing 1.96 acres. EXHIBIT "C" LEGAL DESCRIPTION OF FAIR GROUNDS PARENT TRACT Page 5 of 5 ~- - . -~ -...... .'-r- AGENDA REQUEST ...., ITEM NO. C9 Date: February 8, 2005 ~ COUNTY ~ F l QRID A ---=- REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS -~elL-- ~~ SUBJECT: South Causeway Shoreline: 1) Update on pre-storm restoration with beach fill under the State's emergency order and 2) Direction from the Board regarding stabilization of south causeway shoreline. BACKGROUND: During a recent Commission meeting in early November, there was discussion by the Board to consider restoring the south causeway shoreline to pre-storm conditions with beach fill under the State's emergency declaration order. The 1,800 feet of shoreline being considered for restoration is located between Chuck's Seafood and the Smithsonian Marine Exhibit and is enjoyed by the public as a recreational amenity. Taylor Engineering reviewed aerial photography in conjunction with survey profiles and estimated the shoreline receded on the average of about 12 feet due to the storms. Initial discussions with the main permitting agencies (Florida Department of Environmental Protection and the U.S. Army Corps of Engineers) indicated this fill operation could be accomplished under the present emergency declaration as a "No Notice" type permit with 1) completion of the restoration work prior to the expiration of the state's emergency declaration order and 2) stabilization of the beach fill with either vegetation or rip-rap as identified within the emergency order. Florida DEP went on to further re-emphasize the importance of stabilizing the beach fill with wetland type vegetation and how that would reduce migration of beach fill onto nearby sea grasses. Since these requirements would appear to conflict with the existing recreational use of this shoreline no further work was accomplished. Staff is recommending the Board provide further direction regarding the south causeway shoreline. FUNDS: Funds have not yet been identified for this project. PREVIOUS ACTION: December 14, 2004: Board approved W.A. #18 with Taylor Engineering to evaluate the post-storm shoreline recession of South Causeway. RECOMMENDATION: Staff recommends no action be taken to re-nourish the south causeway shoreline. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [-'r OTHER: [ ] DENIED ~ No action at this time consecous to reagenda for further discussion. coordinationz'Sianatures ). [x]County Attorney ')(.. r D .,:¡ M [ ]Mgt. & Budget ~ [><Orig;"'tiog Dept. P"bI~ WOrl<~ (,,...,,,..,, Co. Adm;,. []Fiscal Coordinator [ ]Purchasing Department -. ,f", '-' -."",I Department of Environmental Protection Jeb Bush Governor Port St. Lucie Branch Office 1801 SE HilImoor Drive Suite C-204 Port St. Lucie, FL 34952 (772)398-2806 Fax # (772)398-2815 Colleen M. Castille Secretary JAN 1 3 2005 St. Lucie County Board of County Commissioners clo Ray Wazny 2300 Virginia A venue Fort Pierce, FL 34982 RE: Filling Request, South Causeway, Fort Pierce, St. Lucie County, Florida Dear Mr. Wazny: The Department reviewed your request to fill out (waterward) approximately 12' along the shoreline adjacent to the South Causeway in order to achieve pre-hurricane contours in that location. The request does not qualify for the Consolidated Emergency Order, OGC No. 04-1659, which requires that shorelines susceptible to erosion be stabilized with vegetation (native vegetation which is salt tolerant would be the only vegetation that has the potential to survive in this location) or rock riprap to prevent erosion. Please contact me at (772)398-2806 if you have any questions concerning this matter. Sincerel y, 1 1/ (). 'Y¡/'VI ~ Danna Small Environmental Manager Southeast District Branch Office rJ ¿1nt;JJ /1/ß/05 Date cc: U.S. Army Corps of Engineers, Palm Beach Gardens --..-...- --.-..... '-""\ ;~', l~ :1"1 \ < ,. I l' .- ,- ,- . , _'8~ '\' \, L------ ct.. ¡':' __~: ~~~-~ \~-' . ," <.,..__..-,-~ J .;.... , " _J "iV1ore Protection, Less Process" Printed on recycled poper. .,...... - - '-' -.....I AGENDA REQUEST ITEM NO. /0 DATE: February 8, 2005 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 05-060 - Urging the Florida Legislature to Adopt a Senate Bill to Create an Independent Research and Education Authority within S1. Lucie County, Florida; to Promote and Stimulate Economic Development and Employment Opportunities within S1. Lucie County and Throughout the Treasure Coast; and Provide for a Referendum. BACKGROUND: On February 1, 2005, the Board of County Commissioners held a Workshop wherein State Senator Ken Pruitt presented a proposed bill that would create an independent research and education authority in S1. Lucie County, The attached Resolution No. 05-060 has been drafted pursuant to that Workshop. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 05-060 as drafted and direct the County Administrator to forward a copy of this resolution to the Governor, State Senator Ken Pruitt, and other members of the County's Legislative Delegation. ~ I' COMMISSION ACTION: [ ] APPROVED [ ] DENIED [)ëI OTHER: County Attorney: [J1 Originating Dept. Finance: (Check for Copy only, if applicableJ___ Other: Other: '-'0 action taRen at this time. Item to be brought bacR to the Board in two weeRs (2/22/05) when we will have a full Board for voting. Review and Approvals Management & Budget CONCU~NCE: Purchasing ~ Eft. 5/96 ... '-' ....., RESOLUTION NO. 05-060 A RESOLUTION URGING THE FLORIDA LEGIS LA TURE TO ADOPT A SENATE BILL TO CREATE AN INDEPENDENT RESEARCH AND EDUCATION AUTHORITY WITHIN ST. LUCIE COUNTY, FLORIDA; TO PROMOTE AND STIMULATE ECONOMIC DEVELOPMENT AND EMPLOYMENT OPPORTUNITIES WITHIN ST. LUCIE COUNTY AND THROUGHOUT THE TREASURE COAST; AND PROVIDE FOR A REFERENDUM WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. At the Legislative Delegation Meeting of January 6, 2005, State Senator Ken Pruitt presented proposed legislation that would create the St. Lucie County Research and Education Authority, an independent special tax district in St. Lucie County, Florida, to promote and stimulate economic development and employment opportunities within St. Lucie County and throughout the Treasure Coast. 2. The proposed bill would provide a dedicated funding source to be utilized by the St. Lucie County Research and Education Authority, to fund education and research initiatives in St. Lucie County including enhancement of existing facilities and programs, and development of new facilities and programs to provide a stimulus for economic development and new employment opportunities in St. Lucie County. 3. The proposed bill would provide a funding incentive for public/private partnerships to develop research and education facilities and programs within St. Lucie County a~ .Jr- I",';;, t::. {,oa'st. . ........ '-' .., 4. The proposed bill provides that the Supervisor of Elections shall conduct a referendum of the electors of St. Lucie County on the question of creation of the St. Lucie County Research and Education Authority. The referendum question shall be posed as follows: "Shall the St. Lucie County Research and Education Authority be authorized and created by special act of the Legislature with authority to collect a growth management surtax on real property transfers in St. Lucie County to finance research and education facilities?" _ Yes No. 5. This Board believes that creation of a St. Lucie County Research and Education Authority is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW. THEREFORE. BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby urges the Florida Legislature to enact the legislation proposed by Senator Pruitt to create an independent Research and Education Authority within St. Lucie County, Florida; to promote and stimulate economic development and new employment opportunities within St. Lucie County and throughout the Treasure Coast; and provide for a referendum. 2. The County Administrator is hereby directed to forward a copy of this resolution to Governor Jeb Bush, State Senator Ken Pruitt and other members of the County's Legislative Delegation requesting support for the legislation. . . . ~ '-' ..."" After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner Paula A. Lewis xx Commissioner John E. Smith xx Commissioner Chris Craft xx PASSED AND DULY ADOPTED this 8th day of February, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY , 02/07/05 FZABWARR FUND 001 001142 001155 001158 001160 001165 001168 001172 001292 001293 001294 001814 101 101001 101002 101006 102 102001 104'003 105 107 107001 107002 107003 129 130 140 140308 140321 140326 160 183 183003 183004 183006 184203 184205 184805 185005 310003 315 316 382 401 418 421 441 448 ". . ... y ST. LUCIE COUNTY - BOARD ~ WARRANT LIST #19- 29-JAN-2005 TO 04-FEB-2005 FUND SUMMARy TITLE General Fund FTA Section 5303 Grant FY01/02 USDOJ Violence Against Women Grant Urban Mobile Irrigation Lab 03/04 Section ll2/MPO/Planning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 CDBG Grant FY 05 TRIP TDC Planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Impact Fees 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 Fine & Forfeiture Fund-800 Mhz Oper Parks MSTU Fund SLC Public Transit MSTU Port & Airport Fund FDOT Const. of Perimeter Fencing #4 FDOT-Install Security Fencing AL124 FDOT Rehabilitate Airfield Lighting Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund Ft. pierce Beach Restoration FDEP Fort pierce Shore Protection P FIND Shoreline Stabilization for N FHFA SHIP FY04/05 Impact Fees-Public Buildings County Building Fund County Capital Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund EXPENSES 836,040.83 57.77 10,281.31 2,545.99 801. 63 226.19 193.92 9,673.91 30,356.40 87.77 3,969.11 3,543.92 100,636.95 187.05 9,484.86 1,600.00 12,856.38 1,505.43 3,260.00 900.54 54,128.99 135.21 899,374.54 44.75 14,665.79 314.99 8,737.80 42,257.06 28,302.44 20,160.00 660.19 1,723.83 500.00 450.68 464.92 2,339.72 31,943.06 2,339.72 325.30 27,904.58 66,029.46 14,975.50 27,580.00 54,213.50 9,407.43 611. 93 55,280.87 19.54 PAGE PAYROLL 1,433.60 0.00 0.00 0.00 2,397.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,996.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 02/07/05 FZABWARR FUND 449 451 458 461 471 478 479 481 491 505 505001 606 611 625 ß' TITLE '-" ST. LUCIE COUNTY - BOARD "'wI WARRANT LIST #19- 29-JAN-2005 TO 04-FEB-2005 FUND SUMMARY EXPENSES NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Law Library 77 .90 1,373.87 43.54 1,184,493.84 4,908.93 11.45 62.58 68.39 96,422.85 95,961.72 380,706.29 200,000.00 27,455.96 0.58 GRAND TOTAL: 4,384,689.66 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,852.99 0.00 0.00 0.00 0.00 16,680.19 2 " ~ 'WI AGENDA REQUEST ITEM NO. C2A DATE: February 8,2005 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-ill [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Request Permission to Advertise Public Hearing Petition to abandon two unnamed, unopened right-of-ways on Sunrise Blvd. BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on March 1, 2005 at 6:00 p.m. or as soon thereafter as possible COMMISSION ACTION: CONCURRENCE: [ 'APPROVED [ ] OTHER [ ] DENIED ,¡:;," Approved 4-0 Frannie Hutchinson Absent [x] County Atiorney,:% Review and Approvals [ ) Road and Bridge: [ ) Public Works: []Originating Dept:_ [ ] Engineering: [ ]Purchasing: ... , '-' ....., PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: February 8, 2005 SUBJECT: Request Permission to Advertise- Notice of Public Hearing Abandonment of two unnamed, unopened right-of-way. BACKGROUND: The Property Acquisition Division received a request to abandon a platted 20'xlOO' and a 40'xlOO' unopened and unnamed right-of-way on Sunrise Blvd in White City, recorded in Plat Book 1 Page 21. Buccaneer Development, Inc. is requesting that St. Lucie County abandon the above-described rights-of way that have not been needed or utilized to date. The Petitioner will utilize the abandoned rights-of-way as a portion of the Sunrise Lake Estates Subdivision which is a replat of a portion of the 1907 Plat of White City. The Petitioner has submitted applications to St. Lucie County for Major Site Plan and Plat approval for the Sunrise Lake Estates Subdivision. Staff indicated that it is a condition of approval of the project that the above-described rights of way be abandoned by St. Lucie County. RECOMMENDATION: Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon the two unnamed and unopened rights of way. 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(501-0631-000/9) - ~I ,-I 1.17 A£. ~¡ 3 . 0 ,/ : (501-0632-000/6) 1- 0.86 At , . , i- OUTLOT 17 .! :p (501-0633-000/3) 01 1.56 A£. 3 . . ., -I . . í: 10 1- 1 Nt " , . . :L 3 . , i~ (501-0637-000/1 ) 3 , Q - - - " SKETCH OF crESCRIPTION NOT A BOUNDARY SURVEY ....., I j¡ FD. 5/8" I.R,C. LS 1'4459 20.00' FD. 5/8- I.R.C. LS #H59 FD. 5/8" I.R.C. LS /«59 I LOT 2 LOT 7 I") a C\ a a a <r) 1--" <ri BLOCK 57 a at'\¡ CJ I ,...J- ¡.;: ~ ::::> ~ a WHIÆ CITY SUBDIVISiON '" '" PLA T BOOK' 7. PAGE 27 ,~ ,"I- <.c <.c CJ CJ CJ CJ U) U) SOOï6'47"W 20.00 \' 5/8" I.R.C. LS ¡«59 20,00' SOOï6'47'"W 20.00 LEGAL DESCRIP TlON THAT PORTION OF RIGHT-OF-WAY LYING NORTH OF AND CONTIGUOUS WITH (BEING 40 FEET x 100 FEET) TOGE THER WI TH' THAT PORTION OF RIGHT-OF-WA Y LYING SOUTH OF AND CONTIGUOUS WITH (BEING 20 FEET x 100 FEET) LOTS 7 & 2, BLOCK 51 OF WHIÆ CITY SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA T BOOK 7 A T PAGE 27, ALSO RECORDED IN PLA T BOOK 1 A T PAGE 201, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY. FLORIDA CONTAINING 6000 SQUARE FEET. MORE OR LESS Q 6 Q:: ê " Q. ~ ~ ltJ :s í'.E '-.Jõ: CtJ$ i!: ~! --~ ~~ ::j lr) i~~ ., r:','" ~,~" ." \. FD. 5/8.:ii:'R.C. " to LS 159 . ~..' ' :. "';"/;1;, \1~.' ~,'¿~~af"'·· -'7~:,. .; oAlùi ".:: yv ~; /.0 c5 t;:;": "',\ .>'~ \r? ../ ~ ~ '! ·r....' .' .'. r...., I,..,./' . c ... 't ~ t Y ,.\ ':>,-'" ~ALLEN E. BECK, INC. ~ 'rPROFESSIONAt LAND SURVEYORS ~ 608 S.W. BAYSHORE BL'v'O. PORT ST. LUCIE. FLORIDA 34983 (772) 3-40-1-4-32 LB 6790 SCALE 1· = 30' SHEET JOB NO 04-9914- OF 1 -*" ,/"IIf v' '-' ...." AGENDA REQUEST ITEM NO. ~:<ð DATE: February 8,2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No, 05-055 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-056 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- 055 and Resolution No. 05-056 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: CONCURRENCE: ~] APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney: CfJ/' ~. Management & Budget Review and Approvals Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 '. '-' ..., INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-168 DATE: January 31, 2004 SUBJECT: Resolution No. 05-055 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-056 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-055 extending the state of emergency for Hurricane Frances until February 19, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-056 extending the state of emergency for Hurricane Jeanne until February 20, 2005 at 7:00 a.m, RECOMMENDA nON/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-055 and Resolution No. 05-056 as drafted. Daniel S. McIntyr County Attorney DSM/ caf Attachments '-' ~ RESOLUTION NO. 05-055 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 February 19, 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 February 12, 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 8th day of February, 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. 05-056 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 February 20, 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 February 13, 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 .... .-,. '-" "'wI PASSED AND DULY ADOPTED this 8th day of February, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ... ./ , '-" ...., AGENDA REQUEST ITEM NO. C2C DATE: February 8,2005 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] and TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Request Pennission to Advertise Public Hearing Petition to abandon a 12 foot Utility Easement in Lexington Square· Between Lots 3 & 4. BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on March 1, 2005 at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: Ie] APPROVED [ ] OTHER [ ] DENIED ~ Approved 4-0 Frannie Hutchinson Absent ~ ' , I [x) County Attorney: ¡;.. ¡) Review and Approvals [ ) Road and Bridge: [JPublic Works: [ )Originating Dept:_ [ ] Engineering: [ ]Purchasing: , ~ 'WI PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: February 8, 2005 SUBJECT: Request Permission to Advertise- Notice of Public Hearing Abandonment of a 12 foot Utility Easement between lots 3 & 4 BACKGROUND: The Property Acquisition Division received a request to abandon a 12 ft utility easement between Lots 3 & 4 in Lexington Square Subdivision. The purpose of this abandonment is to allow the property owner, Harvey Newman, to construct a 10,000 square foot building on Lots 3 and 4 of the Lexington Square Subdivision. A Notice of Intent to Abandon was advertised on January 20 and January 27, 2005. County staff members have reviewed the petition and have filed no objections to the proposed abandonment. Consents were provided from Bell South, Port St. Lucie Utilities, Adelphia Cable, and Florida Power and Light. RECOMMENDATION: Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon of a 12 foot utility easement in Lexington Square Subdivision. Respectfully submitted, / ) /t1.q1;~/. / ,: _4'7'/'1ZJ- -, " ../ .' < ,,' -, I ..' Ii...... .' I .. , ¡ Daniel McIntry / County Atto~~'y ' ~ 1 1 TWP. J~S.-RNQ 40E. TWP. 36SV'lG. 40E. NORTHEAST QUADRANT ST. LUCIE COUNTY, FLORIDA ";;'H ~ ::0 ~ I Í/ EI :~o~.: E~ L.:e. .. 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II, I~ ~ '\ \ -Jí· 'I' . ¡;¡~" " ~.¡j~~\~..\ 5 ':"'i( ,1J~li~ .j ~ ~ ¡ \ \ ~ "ì ¡ '\" '" . ¡; ~1 \ , ~ \ ~ ~;~~~.'" "H~ . .,~~~.~ ~- .~ :'H, ' It: () >- ... ,... ~ "> ... 4.. ~ù C) ~ ~ ~ 8~· '" "" I.> "", ~ C). ... "," ~ ~ ~ u ..,'" '~ ð r ~ "' ~~tí~ .~ ~"._.._.:~ ~ i '''~-'",; ~ dl~~' t: ~~~~t ~ (~~.~'~ o ,." , u f'f~t' ; II:¡J ~ ~~~" ~' ~ ~~ i ~ . oq; ~ t,~~",\ i~ ~ ~ \.~~.~~ I,,¡~" ~I{~~~ ~ f~ r:~~lt~ ï;: "'.. ~ ~ t~~ ~ § ~~ ~n~n ~ ~~ ~et~~ ... It: ;:, o u ... ::; ~ .... o '" II: I,,¡ " u "- o 'I ~i ::;1 '" "'" U' .;: i::: ~ ~ It . ~ '" - " '_~ .'1~.J .---- '", ,. -- ~ ... :z ~ ~ ~ :;¡ ¡:: ::> N ... 1M I- " a « :z ...J '< !š 2 -- ~xhibit A ~ SKETCH OF DESCRIPTION NOT A BOUNDARY SURVEY ß ~ o 160.0(' 0 ' _ _ N W'OO'oo" W ----/ I 8 ~ - 10" ur- ª~~ t~ - - - - ~ ) ~:'oc~l ~ :/ ¡ I; l ~ I I~ i~ ¿z! 1 / a., I -L! ~¡~ t, 1\ I \~~ ~) ~ 551 "" ;~ I ~Ol :-t- ll~ II~ 8 - - - - - - J),! ~l,,¿i/ 20' D.¡U..E. V -L-_ (, ~ r.O.Qv ~ \ "' 0 if ~/ 18 1~ T I ) I I I ;10 I '" 0 ¡Ë I I I ~ ~ L~_ P'") I- a ...J J ¡Iª I :z I I ! I 1- -:Öt-L -L 215:õo,- '<t I- a ...J -- -,,,/ IIIWAIoISBVRG WI. Y 1 (60' R/W) o w z a o z « (I) « w (I) a I- / , ~ 81I"58'ST E- ~N VI ;'0 t-- .'!: a ~~ ...J ~~ 0..'" ~ I I I I I I ~ \ \ / / ,../ 1/1 I- a ...J ~~ ~l..¡ Q:¡ I- ~l..¡ ~~&¡ ~~ l..¡~C:¡ ~"'~ e5 ~ b:; c a 4Jì!: ðB ~ ~-.I .Ct:I-~Q::Q ~~'I-~:5I-S2~ ð 8~a<JQ...~15~ ç::: ... ~ ~ V) ~ Q:' ã: t" ~ "'\..)"'~ ~l..¡<: ~ -l..¡"')~<;:) ¡;::::. '-' ~i!: (:)""ß Q tJ ~ ~~~e:.",-û a l-.:"'a5<~Q::alu ~ Q -.J 4J~ e.-"g -.J :;¡ -./ Q ~ lu -.I è3 I-¡;;:: \..) (j lu ~<: ûll)","-' -.J ¡;:Ö ~~Q...v, AALLEN E. BECK. INC. ~ 'f'PROfESSlONAL lAND SUR\ÆYORST 608 S. W. SA '!'SHORE BL'vU. Pœì ST. LUC1E, FLORIDA 3+983 (772) 340-1 ~32 LB 6790 SC....u:: 1" 60' JOB NO 04-9912A SHEET OF 1 /' , ,---. ~ t '-' ..."" AGENDA REQUEST ITEM NO.C2D DATE: February 8. 2005 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Contract for Sale and Purchase Indrio North Savanna BJS Properties, Inc. Parcel ill 1407-421-0005-0000/0 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds are available in: Indrio North Savannahs - Condemnation Account No.001-39l5-56l000-3l006 PREVIOUS ACTION: See attached Memorandum RECOMMENDATION: Staff recommends the Board approve the Contract For Sale and Purchase with BJS, Properties for the Purchase price of$75,000.00, authorize the Chainnan to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of S1. Lucie County.. COMMISSION ACTION: CONCURRENCE: []Ç APPROVED [ ] OTHER [ ] DENIED Approved 4-0 Frannie Hutchinson Absent [x] County Attom,y' } Review and Approvals [ ] Management & Budget: [X) ERD: [)Originating Dept:_ [ ) Engineering: [ ]Finance : , I '- ....,; PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: February 8, 2005 SUBJECT: Environmentally Significant Land Program Indrio North Savannas Project BJS Properties, r.D. 1407-421-0005-000/0 BACKGROUND: St. Lucie County and Florida Communities Trust (FCT) have worked together on the Indrio North Savanna Project and acquired most of the 228 parcels in this Environmentally Significant Lands Program. The grant award from FCT has expired. The County is moving forward to acquire the balance of those parcels through purchase or condemnation. On the attached map of the project, the parcel that is the subject of this request is indicated. The County presented a contract on the parcel for $52,000.00 which was the appraised value as of July 30, 2004 as determined by Daniel Fuller, MAr. BJS Properties has presented the County with a counter-offer of $75,000.00. Daniel Fuller was contacted an asked if this counter-offer was within his range of value or if he would update his research of the neighborhood and find any recent sales. He found closed sales of $60,000.00 and listing of $125,000.00. Mr. Fuller also advised there was a pending sale of $115,000.00 closing within 30 days. Mr. ~uller advised the County that sales were moving in an upward direction and the County should act on the $75,000.00 counter-offer. Please see attached letter from Mr. Fuller. RECOMMENDATION: Staff recommends that the Board approve the Contract for Parcel 164, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the Warranty Deed in the Public Records of St. Lucie County, Florida Daniel McIntyre County Attorn ~01/21/2005 11:32 17724581103 FULLER ARMFIELD APR PAGE 02 ....... ..".¡ FULLER-ARMFIELD_ WAGNER Appraised & Research, Inc. Daniel. D. Fuller, MAl, SRA 120 N. ~od 8t. Phone (772) 468-0787 St. em. G=.. REA RZ567 Ft. Pietct; FL 34-950 1-800-273-7364- FAW_app@beD.outh..net Fax (772) ~1l03 MEMO To: Jan liCausi, ProP~qUisition agent Dan Fuller, MAl ~ From: Date: January 27,'2005 RE: Indrio North Savannahs. Jan - per your letter of January 13, 2005 concerning the BJS Properties, Inc. counter offer, updated research in the neighborhood found recent closed sales at $60,000 and listings up to $125,000 but no sales in that range. However, a listing at $115,000 came up on MLS as a pending sale. After several calls we were able to discuss the pending contract with the listing agent and she reports the contract price is $110,000. The listing agent reported a wetlands survey found the site is 100% buildable. Also, pending an appraisal, the transactions is to close within 30 days. The site is Prop. App. 10 1418- 132-0010-000/5. Of course the sale has not closed, but the contract and listing prices provide a indication of the upward direction of prices in the neighborhood, so if the County can pick up sites at $75,000 it appears the County should act, ASAP. If you have further questions, please call. DOF/commfi/e 17874 #164bjs 1-05 memo -- - Indrio North Savannas Legend Project Boundary Parcels acquired . Parcels not acquired c. (jJ ~ ~ ž ;;L f N .. '-' AGENDA REQUEST ITI~NO. C-2.E Date: February 8, 2005 Regular [ ] Public Hearing [ Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Friends ofSt. Lucie County Public Health, Inc. - Grant Agreement for Drowning Prevention Program and Promotion of St. Lucie County Public Health Department Programs BACKGROUND: See C.A. No. 05-173 FUNDS A V AIL. (State type & No. oftransaction or N/A): Funds will be transferred from Account No. 001-6210- 581020-600 to Account No. 001-6210-534000-600. RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed grant agreement with Friends ofSt. Lucie County Public Health, Inc., and authorize the Chairman to sign the agreement. COMMISSION ACTION: CONCURRENCE: [Jf APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney: .~~/ Mgt. & Budget: ~ Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, jf applicable): , -- ~ ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-173 DATE: January 31, 2005 SUBJECT: Friends of St. Lucie County Public Health, Inc. - Grant Agreement for Drowning Prevention Program and Promotion of St. Lucie County Public Health Department Programs BACKGROUND: The approved budget for Fiscal Year 2004-2005 includes a grant to the St. Lucie County Health Department in the amount of thirty thousand and 001100 dollars ($30,000.00) for drowning prevention program and promotion of other Health Department programs. In order for the money to be used as matching funds for related grants available to non profit entities, the Health Department has requested that the County instead disburse the money to which is a Florida non profit corporation which supports the activities of the Health Department. Attached to this memorandum is a copy of proposed grant agreement to Friends of St. Lucie County Public Health, Inc. which has been drafted for this purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed grant agreement with Friends of St. Lucie County Public Health, Inc., and authorize the Chairman to sign the agreement. Respectfully submitted, r¡~ fJii' Heather oung Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director .. -- '-' -...I GRANT AGREEMENT THIS AGREEMENT, made this day of ,2005, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter calJed the "County", and FRIENDS OF ST. LUCIE COUNTY PUBLIC HEALTH, INC., a Florida Non Profit Corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient" : IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shalJ disperse to the Recipient a grant in the total amount of thirty thousand and 00/1 00 dollars ($30,000.00) to be used to create a drowning prevention campaign and to promote the S1. Lucie County Health Department and its programs. Payment to the Recipient sha}] be made in one lump sum payment within thirty (30) days of the date this Agreement is executed by both parties. 2. On or before November 1, 2005, the Recipient shalJ provide the County Community Services Director with a report regarding the use of the funds and the services provided to 8t. Lucie County residents. 3. The Recipient shall have internal controls adequate to safeguard the grant 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the provisions of this Agreement, any money not so used sha}] be reimbursed to the County. 5. The Recipient shall provide a written rep0l1 of the expenditure of all monies disbursed pursuant to this Agreement The Recipient shalJ submit such report within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure offunds under this Agreement, to audit the use ofthe grant monies Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration oftmee (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for a]] of its acts or omissions and the County sha}] in no way be responsible for such acts or omission. The Recipient sha}] and will indenmify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in 1 -- '-' ""'" Jf' any way connected with the use, occupatjons, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideratjon for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulatjons. 9. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To the Recipient: Friends of St. Lucie County Public Health, Inc. 5150 NW Milner Drive Port St. Lucie, Florida 34983 10. No amendment, modification or wai ver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature, If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 11. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Sectjon 112,311, Florida Statutes (2003) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohi bited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, 2 - '-" -...I in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 12. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for S1. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 3 '-' . II ATTEST: 1J Þ~.ø. .IYUAJ¡ I > SECRE RY BY: g :\arty\agreem nt\contract\friends. hea Ith. wpd ~ p (SEAL) 4 , ~ " /' ..... ~ '-' "wJI AGENDA REQUEST ITEM NO. C2F DATE: February 8,2005 REGULAR [ ] PUBLIC HEARlNG Leg. [ ] Quasi-JD [ ] CONSENT [X] and TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Request Permission to Advertise Public Hearing Petition to abandon a 12 foot Utility Easement in Lexington Square Between Lots 20 & 21 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on March 1, 2005 at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] OTHER [ ] DENIED Approved 4-0 Frannie Hutchinson Absent >1' [x] County Attorney: V .' Review and Approvals [ ] Road and Bridge: []Public Works: []Originating Dept:_ [ ] Engineering: [ ]Purchasing: \ '-' """" PROPERTY ACQillSITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: February 8, 2005 SUBJECT: Request Permission to Advertise- Notice of Public Hearing Abandonment of a 12 foot Utility Easement between lots 20 & 21 BACKGROUND: The Property Acquisition Division received a request to abandon a 12 ft utility easement between Lots 3 & 4 in Lexington Square Subdivision. The purpose of this abandonment is to allow the property owner, Harvey Newman, to construct a 10,000 square foot building on Lots 20 and 21 of the Lexington Square Subdivision. A Notice of Intent to Abandon was advertised on January 20 and January 27, 2005. County staff members have reviewed the petition and have filed no objections to the proposed abandonment. Consents were provided from Bell South, Port St. Lucie Utilities, Adelphia Cable, and Florida Power and Light. RECOMMENDATION: Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon of a 12 foot utility easement in Lexington Square Subdivision. Respectfully submitted, Daniel McI;t re/ County A tt rney ./ \ , ,TWP. J~S,-RNG 040E, TWP. 36S.·~G. 40E. j280 o ~ I MILES I NORTHEAST QUADRANT ST. LUCIE COUNTY, FLORIDA i.;,¡ II ~~ ;~J 111~~~f~ E~L.~ . ( I 0<.'0 - 7 ~ç Q;(ST(Rf'OO<SET1'1A WE ~ WE~TIEC~T L::;7. 1~ de Rr;;;þ,LD'ÞALM~ ~VE. '" I;-~' '01 .., Ç: h 2~.96 I cr '" 1::= ;- _3); BAY~ AVE 0 M f- ~~ - :s F ã ~ 0<"'tLI I--i" <>. f- ~è- ~ð- ~ð: ""'" ~ ffiAUS AVE cr :;¿ ~ 1--'" :: ~ 7.'~ f-.t~.....cJ!N:W CANAL C~~ .. ~~ ~ol~rT~~a~ _I;~ II I ~ u <;....¡ "JHO" : l 1167 ,- j!~Š c: ~ ð . 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I .~ § ~ I i I I I ~ 40.00' ~ I ! I L___________ _ -1- _ _ 20' DRAINAGE~TlLlTY EASEMEN~ _ _ _ _ _ .. o ..J ~ .. o ..J . a w z o a z <: CD <: w CD o ~ LEGAL OESCRIP nON THA T CERTAIN 12 FOOT EASEMENT L'I7NG CENTER OF THE COMMON LOT liNE BETWffN LOTS 20 AND 21 . OF LEXINGTON SQUARE ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 24 AT PAGE 2 OF THE PUBliC RECORDS ST. LUCIE COUNTY. FLORIDA. on j: - 322.00' S 89"58'28" W N,S.L.R,W.M.D. CANAL NO, 28 1 ~ ~ ( ~ þ j~ SKETCH OF DESCRIPTION NOT A BOUNDARY SURVEY - ¡g >- i " :r. .,; ::> ..., Z :;¡ ð 1= u It! ~ \! ,.-. ,/ ~} '-' AGENDA REQUEST ..." ITEM NO. 3 DATE: February 8, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Amendment #BA05-121 in the amount of $301,704 and #BA05- 122 in the amount of $217,562 to cover fiscal year 2004 insufficient accounts. BACKGROUND: The County spent approximately $1.5 million in fiscal year 2004 on expenses related to Hurricane Frances and Hurricane Jeanne. Most of these expenses were covered using funds from other operating accounts until such time that reimbursement is received. However, transfers in the amount of $217,562 are needed to cover accounts that do not have enough funds remaining in the operating budgets. In addition, at year end there were other operating accounts with insufficient funds. $301,704 needs to be transferred to cover these accounts (see memo attached). FUNDS A V AILABLE: Various Funds (See attached budget amendments) PREVIOUS ACTION: Board of County Commissioners FY05 approved the FY 04 budget on October 7,2003. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment #BA05-121 in the amount of$301,704 and #BA05-122 in the amount of$217,562 to cover fiscal year 2004 insufficient accounts. COMMISSION ACTION: CONCURRENCE: [Jq APPROVED [ ] OTHER: [ ] DENIED Approved 4-0 Frannie Hutchinson Absent 0--:. Coordination/Signatures Management & Budget: ~4; \"\ ~chasing: Public Works: Other: County Attomey:xx ~.'V«:'! Originating Dept: Finance: (Check for Copy only, if applicable) ~. G:\BUDGElì WP\AGENDA'S\AGENDAOS\2'08'OSFY04 YEAREND.DOC '-' '-" MEMORANDUM 05-26 _" OFFICE OF MANAGEMENT & BUDGET TO: FROM: SUBJECT: DATE: Board of County Commissioners Marie Gouin - OMB Director FY 04 Year End Budget Amendments February 8, 2005 The County spent approximately $1.5 million in fiscal year 2004 on expenses related to Hurricane Frances and Hurricane Jeanne. Most of these expenses were covered using funds from other operating accounts until such time that reimbursement is received. However, transfers in the amount of $217,562 are needed to cover accounts that do not have enough funds remaining in the operating budgets. In addition, at year end there were other operating accounts with insufficient funds. $301,704 needs to be transferred to cover these accounts. The attached budget amendments include transfers from reserves, contingency, and adjustment reserves. They also include transfers from a reserve for Article V related expenses. Staff recommends that the Board of County Commissioners approve Budget Amendment #BA05-121 in the amount of $301,704 and #BA05-122 in the amount of $217,562 to cover these fiscal year 2004 insufficient accounts. Attachments '-' '....,I BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: 1/20/2005 AGENDA DATE: 2/8/2005 11I,"'ii~?'. ';,ACCOUNTNUMBER ACCOUNT NAME ~..·AMOUNT > .... TO: 479-1300-512000-100 Salaries $15,955 471-3600-543000-300 Utilities $25,758 471-1300-512000-100 Salaries $31,891 471-3510-541000-300 Communications $641 471-1300-595100-100 Amortization Expense $12,444 001-9960-581000-800 Grants & Aids to Government Units $54,396 001-7115-534000-7950 Other Contractual Services $42,007 107-2120-541000-200 Communications $192 001-1925-543000-100 Utilities $118,420 Total $301,704 FROM: 479-9910-599300-800 Reserves $15,955 471-9910-599300-800 Reserves $70,734 001-9910-599325-800 Settlement Reserves $214,823 107-9910-599100-800 Contin!:lency $192 Total $301,704 REASON FOR BUDGET AMENDMENT: To clear neaative balances remainina in FY2004. CONTINGENCY BALANCE: $30,859 THIS AMENDMENT: $192 REMAINING BALANCE: $30,667 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA05·121 DOCUMENT # & INPUT BY: '-" ......,; BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: 1/20/2005 AGENDA DATE: 2/8/2005 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: -SEE A TTACHMENT****** FROM: 505-9910-599300-800 Reserves $1,291 001-9910-599325-800 Settlement Reserves $7,917 183-9910-599300-800 Reserves $275 471-9910-599300-800 Reserves $2,487 401-9910-599310-800 Adjustment Reserves $172 001-9910-599325-800 Settlement Reserves $129,257 102001-9910-599300-800 Reserves $467 184-3710-599300-800 Reserves $53,065 505-9910-599300-800 Reserves $1,038 107-9910-599100-800 Contingency $12,773 421-9910-599300-800 Reserves $432 471-9910-599300-800 Reserves $6,403 471-9910-599300-800 Reserves $1,985 Total $217,562 REASON FOR BUDGET AMENDMENT: To clear hurricane related negative balances in FY2004. CONTINGENCY BALANCE: $30,859 THIS AMENDMENT: $12,773 REMAINING BALANCE: $18,086 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA05·122 DOCUMENT # & INPUT BY: ACCOUNT NAME AMOUNT SALARIES $1,114 FICA $67 FICA MANDATORY $16 RETIREMENT $83 WORKERS COMPo $7 UNEMPLOYMENT COMP, $4 SAlARIES $31 UNEMPLOYMENT COMPo $5 SAlARIES $165 SALARIES $235 FICA $15 FICA MANDATORY $4 RETIREMENT $18 WORKERS COMPo $2 UNEMPLOYMENT COMPo $1 SALARIES $2,091 FICA $128 FICA MANDATORY $30 RETIREMENT $155 WORKERS COMPo $76 UNEMPLOYMENT COMPo $7 SAlARIES $170 UNEMPLOYMENT COMPo $2 SALARIES $2,637 SALARIES PIT W-BENEFITS $108 OVERTIME $2,469 FICA $319 FICA MANDATORY $75 RETIREMENT $386 WORKERS COMPo $57 UNEMPLOYMENT COMP, $18 SAlARIES $1,647 SAlARIES $3,975 SAlARIES $567 FICA $35 FICA MANDATORY $9 RETIREMENT $42 WORKERS COMPo $15 UNEMPLOYMENT COMPo $2 SAlARIES $3,269 OVERTIME $2,684 OVERTIME-HOLIDAY PAY $674 FICA $401 FICA MANDATORY $94 RETIREMENT $490 WORKERS COMPo $840 UNEMPLOYMENT COMPo $22 SALARIES $8,12 OVERTIME $6,478 EQUIPMENT RENTAL $25,213 EQUIPMENT MAl NT, $8,340 PRINTING & BINDING $1,757 OPERATING SUPPLIES $31,471 TOTAL $106,645 GRAND TOTAL \CCOUNT NUMBER ACCOUNT NAW' AMOUNT ~372~512000-190026 SALARIES """ $394 001-37~521000-190026 FICA $24 001-372~521100-190026 FICA MANDATORY $6 001-372~522000-190026 RETIREMENT $30 001-372~524000-190026 WORKERS COMPo $3 001-372~525000-190026 UNEMPLOYMENT COMPo $2 001-531~512000-190026 SALARIES $13,629 001-531~514000-190026 OVERTIME $3,169 001-711 ~546000-190026 EQUIPMENT MAl NT. $1,975 001-711~551100-190026 SMALL TOOLS $1 001-711~551200-190026 EQUIPMENT < $750 $200 001-711 ~552oo0-190026 OPERATING SUPPLIES $47 001-721~512000-190026 SALARIES $10,255 001-7216-513000-190026 SALARIES PIT W-BENEFITS $14 001-731~512000-190026 SALARIES $3,702 001-731~52100~190026 FICA $226 001-731~521100-190026 FICA MANDATORY $53 001-731 ~522000-190026 RETIREMENT $274 001-731~524000-190026 WORKERS COMPo $22 001-731 ~525000-190026 UNEMPLOYMENT COMPo $13 001-731~552000-190026 OPERATING SUPPLIES $715 1 02001-3715-51200~ 19002f SALARIES $139 1 02001-3715-51400~ 19002f OVERTIME $328 184-371~531000-190026 PROFESSIONAL SERVICES $7,475 184-371 ~546300-190026 GROUNDS MAINT. $45,590 505-1331-51200~ 190026 SALARIES $1,038 107-194~512000-190026 SALARIES $5,447 1 07-194~514000-190026 OVERTIME $3,590 107-194~514500-190026 OVERTIME-HOLIDAY PAY $1,242 1 07 -194~521 000-190026 FICA $624 1 07 -194~5211 00-190026 FICA MANDATORY $146 107-1~52200~19OO26 RETIREMENT $760 1 07 -194~524000-190026 WORKERS COMPo $930 107-1~52500~190026 UNEMPLOYMENT COMPo $34 421-1300-512000-190026 SALARIES $356 421-1300-514000-190026 OVERTIME $14 421-1300-521000-190026 FICA $23 421-1300-521100-190026 FICA MANDATORY $6 421-1300-522000-190026 RETIREMENT $28 421-1300-524000-190026 WORKERS COMPo $3 421-1300-525000-190026 UNEMPLOYMENT COMPo $2 471-1300-512000-190026 SALARIES $5,134 471-1300-514000-190026 OVERTIME $268 471-1300-521000-190026 FICA $332 471-1300-521100-190026 FICA MANDATORY $78 471-1300-522000-190026 RETIREMENT $400 471-1300-524000-190026 WORKERS COMPo $173 471-1300-525000-190026 UNEMPLOYMENT COMPo $18 4 71-3600-51200~ 190026 SALARIES $1,063 471-3600-52100~190026 FICA $66 471-3600-52110~190026 FICA MANDATORY $16 71-360~522000-190026 RETIREMENT $79 71-3600-524000-190026 WORKERS COMPo $7 71-3600-525000-190026 UNEMPLOYMENT COMPo $4 471-3600-543000-190026 UTILITIES $750 TOTAL $110,917 $217.562 !'""'" ~ "- " AGENDA REQUEST ~ ITEM NO: \ C-4A DATE: Feb 8, 2005 REGULAR REVISED PUBLIC HEARING [ CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: BATTING CAGE POLICY BACKGROUND: Several months ago, a young man was injured in the batting cages. at Lawnwood Recreation. He was improperly using the cages while unsupervised. As a result, staff was directed to develop a policy/procedures for use of the batting cages to insure that future injuries are avoided, while protecting the County from liability claims. This policy will ultimately become part of a "Sports Policy", establishing overall guidelines for all sports and athletic organizations that use the facilities " and sport fields owned, operated, and maintained by the County. Therefore, some of the references in the batting cage policy are actually issues contained in the larger Sports Policy, such as insurance coverage, cancellation deposits, distinction between County-sponsored and/or approved sports programs, for-profit entities, individuals, and non-County residents. While there are slight variations in the procedures for approved sport programs and all other users, two important points apply to both groups. First, batting cages will be locked unless there is a scheduled event; second, prior arrangements must be made to use the cages. Approved sports programs are given priority and are covered by insurance provided prior to using the facility. All others must pay a $lO/hour fee, a $15 deposit and sign a waiver of liability. If a group fails to show up and does not notify County staff in advance, the penalty is a loss of deposit, or a portion thereof. Once done with the cages, the must be locked again. In implementing this policy, staff researched other recreation agencies in the state, and found a wide variation in the handling of batting cages. The goal is to simplify the policy, make the cages accessible, and as safe as possible. We believe we met that objective and request the Board's approval of this policy. In addition, the Recreation Advisory Board approved this initiative by a vote of 3:1. RECOMMENDATION: Staff and the Recreation Advisory Board recommend approval of the Parks & Recreation Department Batting Cages Policy. COMMISSION ACTION: CONCURRENCE: x] APPROVED DENIED OTHER: Approved 4-0 Frannie Hutchinson Absent ,~ r ~. ,,')j.. <:ïoordination/Signatures tI <f.. (,¡ó< f,o ~ County Attorney, ~ M~nagernent & Budget: Or ig ina ting Dept, 'Y i.'- _ Othe r : Finance: H.\AGENDAS 04-05\2-8-05-BA TIING CAGE POLICY DOC Purchasing: (if applicable) ~. -- ..."" \ ~ ~- Parks and Recreation De artment Memorandum To: Board of County Commissioners From: Linda Brown, Assistant Parks & Recreation Directo~ Batting Cage Policy Subject: Date: February 8, 2005 Several months ago, a young man was injured in the batting cages at Lawnwood Recreation. He was improperly using the cages while unsupervised. As a result, staff was directed to develop a policy/procedure for use of the batting cages to insure that future injuries are avoided, while protecting the Country from liability claims. This policy will ultimately become part of a "Sports Policy", establishing overall guidelines for all sports and athletic organizations that use the facilities and sport fields owned, ~perated, and maintained by the County. Therefore, some of the references in the batting cage policy are actually issues contained in the larger Sports Policy, such as insurance coverage, cancellation deposits, distinction between County-sponsored and/or approved sports programs, for-profit entities, individuals, and non County residents. While there are slight variations in the procedures for approved sport programs and all other users, two important points apply to both groups. First, batting cages will be locked unless there is a scheduled event; second, prior arrangements must be made to use the cages. Approved sports programs are given priority and are covered by insurance provided prior to using the facility. All others must pay a $20/hour fee, a $20 deposit and sign a waiver of liability. If a group fails to show up and does not notify County staff in advance, the penalty is a loss of deposit, or a portion thereof. Once done with the cages, they must be locked again. In implementing this policy, staff researched other recreation agencies in the state, and found a wide variation in the handling of batting cages. The goal is to simplify the policy, make the cages accessible, and as safe as possible. We believe we met that objective and request the Board's approval of this policy. In addition, the Recreation Advisory Board approved this initiative by a vote of 3:1. !-w~. , '\ * " )Ot"'AfTJNG CAGES );/ito* . '-" 'w1I .- The COUl1ty has several batting cages throughout its parks system. 1) Recognized leagues have first priority for use of the cages during their seasons. Batting cages will be opened when there is a game, team practice, or scheduled event. Teams may be expected to share use of the cages. 2) Use of the cages requires advance notification to the Parks and Recreation Department, Sports & Athletics office. Leagues must provide proof of insurance coverage, including a minimum of $1 Million Dollars general liability . 3) A $] 5.00 deduction shall be made from the cancellation deposit unless prior notice of cancellation is given 24 hours in advance. 4) Profit oriented groups, businesses, or individuals must pay $10.00 per hour rental fee for use of the cage. A reservation must be made in advance. A deposit of$15.00 will be collected and applied toward the rental fee. 5) Renters other than recognized leagues must either show proof of insurance coverage as described in #2 or sign a batting cage waiver form. 6) Renters other than recognized leagues who fail to cancel their reservation at least 24 hours in advance will forfeit their deposit. 7) Batting cages are scheduled in two (2) hour intervals or less and will be closed when not reserved. 8) All batting cage users must wear a helmet and the pitcher must stand behind the protective screening. 9) Only two (2) people are allowed in the cage at one time with adult supervision. 10) Absolutely no metal spikes or cleats are allowed in any batting cages. 11) At the request of a responsible adult, (user): Recreation staff will make the pitching machines operational, a) An adult must be present during the entire time that the pitching machine is in use. b) The pitching machine will be turned off at the conclusion of the user's session. '-" ....,¡ AGENDA REQUEST ITEM NO: C-4b DATE: Feb. 8, 2005 REGULAR ( ] PUBLIC HEARING (] CONSENT (X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Assignment of Agreements, Approval to remove Fairgrounds Facility from current Concession Lease Agreement C02-06-442, Permission to go out for Request For Proposal (RFP). Approval of Second Amendment to contract. BACKGROUND: On February 11, 2003, the County entered into a Concession Lease Agreement-First Amendment with The Country Store Sub Shop & Catering to add concession services at various facilities, including the Fairgrounds. At the time the amendment was entered into, the facility had no manager, the county had minimal experience with this type of facility, and the concession agreement was patterned after the county's existing Concession Lease Agreement. It has become evident to staff that the current agreement is more appropriate for sporting facilities and smaller events. Due to the cultural diversity of the county and the continued variety of events that are being scheduled at the Fairgrounds, staff is requesting approval from the Board of County Commissioners to remove the Fairgrounds from the current concession agreement and permission to go out for Request For Proposal (RFP) for the Fairgrounds' concessions. Staff is also requesting that the Board approve the required assignment of agreement for. Concession Lease Agreement/ First Amendment #C02-06-442 and Concession Lease Agreement #COO- 10-035 due to the fact that there has also been a name change from The Country Store Sub Shop And Catering to Domenick's Corner Grill. PREVIOUS ACTION: N/A FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners give its approval to remove the Fairgrounds Facility from the current Concession Lease Agreement # C02-06-442, approval of the Second Amendment to the contract, approval for staff to go out for Request for Proposal (RFP) for the Fairgrounds concessions, and approval of an Assignment of Agreement for the county's current concessionaire agreements as drafted by the County Attorney from The Country Store Sub Shop and Catering to Domenick's Corner Grill, authorize the Chairman to sign if required. COMMISSION ACTION: CONCURRENCE: [Je APPROVED [ ] OTHER: [ ] DENIED Coordi nation/Siqnatu res County Attorney: /. Y Mgt & Budget: Originating Dept: .~ \ Public Works: ~ ,~ ~L Approved 4-0 Frannie Hutchinson Absent Purchasing: Other: Finance: (Check for Copy only, if applicable) -- * ~ ..,.¡ PARKS & RECREATION INTEROFFICE MEMORANDUM To: Board of County Commissioners From: Linda Brown, Assistant Parks & Recreation Director ,~ (7 .c;.---'" t . Subject: Assignment of Agreements, Approval to remove Fairgrounds Facility from current Concession Lease Agreement C02-06-442, Permission to go out for Request For Proposal (RFP). Approval of Second Amendment to contract Date: February 8, 2005 On February 11, 2003, the County entered into a Concession Lease Agreement-First Amendment with The Country Store Sub Shop & Catering to add concession services at various facilities, including the Fairgrounds. At the time the amendment was entered into, the facility' had no manager, the county had minimal experience with this type of facility, and the concession agreement was patterned after the county's existing Concession Lease Agreement. It has become evident to staff that the current agreement is more appropriate for sporting facilities and smaller events. Due to the cultural diversity of the county and the continued variety of events that are being scheduled at the Fairgrounds, staff is requesting approval from the Board of County Commissioners to remove the Fairgrounds from the current concession agreement and permission to go out for Request For Proposal (RFP) for the Fairgrounds' concessions. Staff is also requesting that the Board approve the required assignment of agreement for Concession Lease Agreement/ First Amendment #C02-06-442 and Concession Lease Agreement #Coo-10-035 due to the fact that there has also been a name change from The Country Store Sub Shop And Catering to Domenick's Corner Grill. . IU121/2005 17: 06 7724622579"" - - PAGE En .. ---;--------- ---. ----~ _... -- - . -- ',-, ...",; eDOMENICK'S..CORNER··-GlULL FORMEllLY THE coUNTRY SIORE SUB SHOP AND CATERING . 570tORANGE A\!.ENUE FORT PIERCE, FL 34947 Œ2H61-5097 DOMENlCK & THERFSA COLLURA. - OWNERS TO: i··noM: COIpOI8tC and pe¡sonaJ Catering for all Occasiøns - Full liquor Lieense St. ~ucie County - Ann: Melissa Simberlund Domenick Collura Date: January 20, 2005 \..tbnenick's Corner Grill is rei' 'shi . I ~e CODCeS$ion for the ev:~o J Kg our ngåts to the food ~ion only and 'keeping the "-wilhllow an outside vender to. xU food~¡;~5 at the Sl L\lÇ1e County FaiIgrounds. We t °d e:i:Clnc TQ.. ~, I .. ....... Tn""" ...._...._."__ t_____ _". '-' ..., SECOND AMENDMENT TO JUNE 3, 2002 CONCESSION LEASE AGREEMENT THIS SECOND AMENDMENT is dated this day of , 2005, and is by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and THE COUNTRY STORE SUB SHOP & CATERING (the "Concessionaire") . WHEREAS, the parties entered into a Concession Lease Agreement on June 3, 2002; and, WHEREAS, the parties entered into the First Amendment to the June 3, 2002 Concession Lease Agreement adding the St. Lucie County Fairgrounds to the list of sites; and, WHEREAS. Section 2.02 of the Concession Lease Agreement states that at the sole discretion of the County, locations may be added or deleted from this Agreement; and, WHEREAS, the parties desire to amend the Agreement to remove the St. Lucie County Fairgrounds from the list of sites. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree: 1. Section 2.02 is amended to read: 2.02 Sites; Authorized Concession: This Agreement is for the prOVISion of concessions for properties that the County either owns, operates or maintains excluding: Lawnwood Recreation Complex, St. Lucie County Civic Center, South County Regional Sports Stadium and Thomas J. White Stadium. At the sole discretion of the County, locations may be added or deleted from this Agreement. At the sole discretion of the County, Concessionaire shall provide interim concession service to additional locations, which would allow the County to solicit formal proposals from qualified firms to provide that service. The Sites subject to this Agreement include but are not limited to: a. St. Lucie County Historical Museum b. South Causeway Park c. Ft. Pierce Community Center d. Lincoln Park Community Center e. St. Lucie County Marine Center f. St. Lucie County Administration Complex '-"' """ The County reserves the right to allow a concession stand to remain closed or to be used for fund-raising purposes for events meeting the following criteria: 1. Religious organizations holding services or fund raising events 2. Not for profit civic and community organizations 3. High School graduations 4. County internal use 5. Programs for school children during the school day 6. Private social events (Ex: weddings, class reunions, family affairs). Note: The Concessionaire may attempt to contract with the prospective user of the facility, however, this agreement would be voluntary and would not involve the County. 2. That, except as amended herein, the remaining terms and conditions of the June 3, 2002 Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its or their names, or name. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: THE COUNTRY STORE SUB SHOP & CATERING BY: Print Name: 2 '-' """'" ASSIGNMENT OF CONCESSION LEASE AGREEMENT BY AND BETWEEN ST. LUCIE COUNTY AND THE COUNTRY STORE SUB SHOP & CATERING Contract No. COO-10-035 THIS ASSIGNMENT OF AGREEMENT is entered into this _ day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and THE COUNTRY STORE SUB SHOP & CATERING, ("Assignor"), and DOMENICK'S CORNER GRILL, ("Assignee"). WIT N E SSE T H: WHEREAS, the County and Assignor entered into a Concession Lease Agreement, for the operation of food and beverage concessions (hereinafter referred to as the II Agreement"); and WHEREAS, Assignor has changed its name to Assignee, which will continue to provide all of the services in the Agreement; consequently, Assignor has agreed to assign the Agreement, to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1 . Assianment of Aareements. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Agreement, incorporated herein by this reference. 2. Assumption of Aareements. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Agreement. 3. Approval of the Assianment. The County hereby approves the assignment of the Agreement, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of January 20, 2005. 1 '-" 'wtf/I IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: THE COUNTRY STORE SUB SHOP & CA TERING WITNESSES: By: Print Name: Print Title: ASSIGNEE: DOMENICK'S CORNER GRILL WITNESSES: By: Print Name: Print Title: 2 '-' -' ASSIGNMENT OF CONCESSION LEASE AGREEMENT BY AND BETWEEN ST. LUCIE COUNTY AND THE COUNTRY STORE SUB SHOP & CATERING Contract No. C02-06-442 THIS ASSIGNMENT OF AGREEMENT is entered into this _ day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and THE COUNTRY STORE SUB SHOP & CATERING, ("Assignor"), and DOMENICK'S CORNER GRILL, ("Assignee"). WIT N E SSE T H: WHEREAS, the County and Assignor entered into a Concession Lease Agreement, as amended, for the operation of food and beverage concessions (hereinafter referred to as the /I Agreement"); and WHEREAS, Assignor has changed its name to Assignee, which will continue to provide all of the services in the Agreement, as amended; consequently, Assignor has agreed to assign the Agreement, as amended, to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1 . Assianment of Aareements. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Agreement, as amended, incorporated herein by this reference. 2. AssumPtion of Aareements. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Agreement, as amended. 3. Approval of the Assianment. The County hereby approves the assignment of the Agreement, as amended, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of January 20, 2005. '-' ...., IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: THE COUNTRY STORE SUB SHOP & CA TERING WITNESSES: By: Print Name: Print Title: WITNESSES: ASSIGNEE: DOMENICK'S CORNER GRILL By: Print Name: Print Title: 2 11!'.. ^. . ,., AGENDA REQUEST "!'fEM NO: C-4C DATE: Feb 8, 2005 REGULAR [ PUBLIC HEARING ] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: EQUIPMENT PURCHASE (lO-ROW BLEACHER) EQ05-292 - CANCELLATION OF EQ05- 143 BACKGROUND: During the repair of the Lawnwood Tennis Center, staff was able to procure a 10-row aluminum bleacher to replace a smaller unit on the west end of the courts. This increased spectator visibility quite a bit, and in an effort to expand on this visibility, and provide more seats for tournaments and teaching purposes, staff would like to purchase another 10-row bleacher for the east end. The total cost is $5,147.00. To fund this purchase, staff is requesting cancellation of EQ05- 143 (4 soccer goal sets, $4840), and use this fund for the bleacher. The remainder of the purchase price can be funded from savings of approved items already purchased. Recent events and other projects have delayed the construction of the soccer fields at Lawnwood; consequently, staff will request funding at another point in time for the goals. The additional bleachers, in concert with other improvements will give the facility a more professional look. FUNDS ARE AVAILABLE IN: 001-7216-564000-7103 (Machinery & Equipment) - Recreation/Sports and Athletics RECOMMENDATION: Staff requests approval of EQ05-292 to purchase a 10-row bleacher for the Lawnwood Tennis Center in the amount of $5,147 and cancellation of EQ05-143 for soccer goals. COMMISSION ACTION: Je] CONCURRENCE: APPROVED DENIED OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney: Originating Dept: I H:\AGENDAS 04-05\2-8-05-TENNIS BLEACHERS.DOC .. ,.. , ....., '3: W ('t) ro 0 ..... (I) ,... W I 'iii 0 0 c: 0 g '<t to 'õ I{) -c I CO to tJ)tJ) ..... (I) C\ ww .c: ,... tn » l- I ..... D:: >< iii 0 0 w It) c: C 0 Z 0 W W W 0 0 C ~ N z .. -c ~ - I wC c: tn 'III:t :¡¡w CO z UJ 0 :¡¡> W ~ - 0 O~ 'E 0 :E N oa. (I) 0 wa. E 0 :E D:: D::<C CO c: .... 0 <C ::J .9 0 W .... >- >- S W I- -I t: ::J Z <C 0 () ::» 0 W 0 tn '2 c: 0 - (I) LL l- LL D:: -c 0 0 0 0 3: c: C LL 3: CO D:: I- ...J <C tn (I) :5 0 W ..... ::» 0 to (I) a -c >- ïñ W .....~ I- W 0 D:: co 0 Z (1)- ::» I- (I)'iii .c: c: 0 Z ..... 0 c: ëñ W o W 0 >-(1) :E :~ 'ê5 W u .... a.. co Q. - Q.(I) 0 - co .... ::» u 0 ::» a OlE -I ß co W co >- . 0):::: I- W:: (I) U tn .c:~ ..... (I) C\ (I).c: (J) u..... ~ c: (I) I{) co > 0 .c: .- c: 01 a (I) 0 w oJ!2 I- co :it a w D:: I- Z W :¡¡ a. 5 a w ""Y" AGENDA REQUEST """'EM NO: C-4D DATE: Feb 8, 2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: REVISED EQUIPMENT REQUEST (EQ05-107) AND APPROVAL OF BUDGET AMENDMENT (BA05-125) - GOAL POSTS BACKGROUND: In Lawnwood's FY04-05 budget, EQ05-107 was approved for the purchase of new goal posts. While in the process of obtaining quotes, it was discovered that the cost has increased, exceeding the approved budget amount by $250.00. In order proceed with the purchase, staff is requesting approval of a BA05-125, and that EQ05-107 be increased by $250 to cover the total cost of the goal posts. FUNDS ARE AVAILABLE IN: 001-7515-564000-700 Machinery and Equipment - Lawnwood Football Stadium RECOMMENDATION: Staff requests approval to increase the budget amount of EQ05-107 by $250, from $2,300 to $2,550 for the purchase of goal posts for Lawnwood Football Stadium, and BA05-125, transferring funds to cover the total cost of the purchase. COMMISSION ACTION: CONCURRENCE: [~ ] APPROVED DENIED OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney: Coordination/Signatures Management & BUdget:~ Purchasing: ~ '- Originating Dept: Other: Finance: (if applicable) H:\AGENDAS 04-05\2-8-05-LAWNWOOD GOAL POSTS.DOC \---~ '-' .,; BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation PREPARED DATE: 1/31/2005 AGENDA DATE: 2/8/2005 '~~~1lï~~%'::i\;,'~~~":-~;","~:;-;:~'--<' (A.CCOUNT.NUMBER ACCQUNl'NAME ····..···.MOUN't-;,,;·· ..,.'.-.....,...,.,.:..,....'..,._....._,.....,._.::l."....".; TO: 001-7515-564000-700 Machinery & Eauipment $250 FROM: 001-7515-534000-700 Other Contractual Services $250 Total $250 REASON FOR BUDGET AMENDMENT: To increase EQ05-107 from $2,300 to $2,550 for the purchase of goal posts for Lawnwood Football Stadium. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: ~ OMB APPROVAL: BUDGET AMENDMENT #: BA05-125 DOCUMENT # & INPUT BY: ~-. 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If, o o w 8 w 0: I- Z w :IE A. 5 a w AGENDA REQUEST ~EM NO: C-4E DATE: Feb 8, 2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: REVISED EQUIPMENT REQUEST (EQ05-141) - TENNIS BALL MACHINE BACKGROUND: In the FY04-05 budget for the Sports and Athletics Section, EQ05-141 was approved in the amount of $3,000 for the purchase of a tennis ball machine. In the course of obtaining quotes, it was discovered that the purchase price had increased, exceeding the approved budget amount by $1,650. In order to fund this item, staff is requesting that EQ05-142 (approved for canopy sun shade) be cancelled. FUNDS ARE AVAILABLE IN: 001-7216-564000-7103 Machinery and Equipment - Sports & Athletics Division RECOMMENDATION: Staff requests approval to cancel EQ05-142, and use the additional fund to increase EQ05-141 by $1,650 for the purchase of the tennis ball machine. COMMISSION ACTION: CONCURRENCE: ,,'J APPROVED DENIED OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney: Coordination/Signatures anagement & BUdget:~ Purchasing: ~~ Originating Dept: Other: Finance: H:\AGENDAS 04-05\2-8-05- TENNIS B~L M(~HINE.DOC (if applicable) f -.. ....... tn 0:: Wit) zg ON - . tn~ tno - 0 In ::ENg ::E 0:: ~ O<CGO (JW~ >- >- ~ I- .J If Z<C.. :)(JS otnè! " - nI ~ U. "0 U. 0:: ; o ot Cu.I- 0:: I- f3 <Ctn5 o Ww In:) ~ >- Ow I- W !Z Zo::~ I-Q:: :)Z OW (J::E !!:!a. (J- :):) .JO W ~ tn U)U) ww » ><>< ë w Q Z .. wC ::Ew ::E~ Oa: OD. ~~ U) o ~ .... ::c ~ aIS ZU) º~ ~~ a:~ Oz wo a:- aIS~ ~a: ~~ D.a: I- Z w ::E w -0 8~ OD. ~w za: ~>< ~ - W z :ï: ~ :I:~ ..Jz ~ m U) Z z w ....Q Win ~~ ::E~ ::c o ~ ::E ¡:.: z ::» ..0 !Z~ ~tu !!:C) ::)Q a::» wm "'-' .... :J o .... .E 'C () 'C () () c: >- :æ ~ () 0- VI () 'C .!a () c: :ë (.) co E ~ () c: « :>. :;::: c: () :J tT ~ ~ 'C VI ~ co ~ .c 'C c: co 'C Õ VI .... co ~ c: () - - :J o .c co .!a E () ~ .S; 0 .c 0 ~5. E .!a oC: .S; æ - - .!a 0 ~ .S; () ~ .c .... 1-0 C") o ..... ,... , o o o -.:t co It) , co ..... N ,... I ..... o o :it ... z ::» o o ~ ..... -.:t ..... J> o o w z o ~ o ¡¡: ~ ::» '"') ä w a: ... z w ::E a. 5 a w ~ ~ .....,¡ AGENDA REQUEST ITEM NO: c-4f DATE: Feb. 8, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Purchase of Storage Building at Elks Park BACKGROUND: The Ft. Pierce American League and Parks & Recreation have entered into n agreement for the purchase of a 12' x 30' Streamline, Wood Studs-Aluminum Siding storage building to be utilized by the League for the purpose of conducting business meetings/umpire room for a baseball league (contract # C05-01-019). This will free up the remaining space to meet the storage needs of the Parks Division. The League will pay $5200 towards the cost of the building over a two-year period and Parks Division will pay the $110 difference in cost. The County will also place on its insurance list and will retain ownership. Due to the hurricanes, the park sustained severe damage to its buildings and the current space does not accommodate the needs of the League or the Parks Division. These buildings will be repaired/replaced but not prior to the League's season. Purchase of the storage building will satisfy all party's needs. The purchase of the storage building is considered a capital purchase and therefore must be approved by the Board of County Commissioners. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE IN: 001-7210-562000-700 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the purchase of a 12 x 30 Streamline storage building from Thurman's in the total amount of $5310 of which the FT. Pierce American League has agreed to pay $5200 in two annual payments of $2600. COMMISSION ACTION: CONCURRENCE: [ JCJ APPROVED [ ] OTHER: [ ] DENIED Approved 4-0 Frannie Hutchinson Absent Coord ination/S ia natu res Mgt & Budget: Public Works: Purchasing: County Attorney: Originating Dept: Other: Finance: (Check for Copy only, if applicable) v '-' ""wI ITEM NO. c., -~ DATE: Februarv 8. 2005 AGENDA REQUEST .- >,.,-',- . -..--....- .' ··'~..~·m' """""¡~.'" _ ,'::t,;"Ü' -,' _" .'. _":.'" <,'. 'ir;:;;.:';~~f;"iJ;/>f".J . . . ~..¡:_".". _,_ ',,'._ ,_ .,.._',......., F_ :_._" _.,_><t)..¡¡~.-0'!';"~..:.¡,,.¡.;...-:". REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT P~ENTED BY: <fM~ P.M. Bowers Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests approval of Equipment Request#E005-275 for the Dell 3300MP Projector in the amount of $1,478.53, Equipment Request#E005-276 for the Smart Board 580 Pro in the amountof$1 ,658.00 and Budget Amendment BA05-118. FUNDS AVAILABLE: Funds to be made available in 441-1300-564000-100 via Budget Amendment BA05-118 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval Equipment Request #E005-275 for the Dell 3300MP Projector in the amount of $1,478.53, Equipment Request#E005-276 for the Smart Board 580 Pro in the amount of $1,658.00 and Budget Amendment BA05-118. COMMISSION ACTION: ~ APPROVED o OTHER: ~ o DENIED Approved 4-0 Frannie Hutchinson Absent ft/ ~ County Attorney: t º Originating Dept: 4.-,6 Review and Approvals b Management and Budget: \LÚ'V ~ º Other: '£] Purchasing: ¢/p o Other: º Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community SeNices Manager at 772-462-1777 or TTO 772-462-1428, at least 48 hours (48) prior to the meeting. ~ ,-,. -.."I UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Utility DirectorM TO: DATE: February 8,2005 RE: Equipment Request #EQ05-275 & #EQ05-276 BACKGROUND: The Utility Department has recently relocated to new offices in preparation of the anticipated growth in the County. The conference room in the new office can accommodate approximately 10 people. Since this conference room will be used for meetings and presentations, it is necessary to have the equipment available to accommodate those meetings. This will not only benefit the utility department but internal departments using the conference room as well. RECOMMENDATION: Staff recommends Board approval of Equipment Request #EQ05-275 for the Dell 3300MP Projector in the amount of $1,4 78.53, Equipment Request #EQ05-276 for the Smart Board 580 Pro in the amount of $1 ,658.00 and Budget Amendment BA05-118. ·~ 5't/;;Át.liÞùÞ. . . ·'··1~i~i9~)'i -"",-""'" ".'- .-' _.::~~.. -.' ~-~'---," "'~ '-' ...., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Phone: (772) 462-1681 Fax: (772) 462-1443 Date Quote # 12/29/2004 479 Name/Address UTILITIES DEPT. Attn: Mike Bowers ****FUE~SED***** QUOTE VALID UNTIL W.O. # REQUESTOR 1/29/2005 53316 Description Qty Rate Total Dell 3300MP Projector 1 1,301.00 1,301.00 Digital Video Cable for Dell 3300 Projector 1 37.32 37.32 Ceiling Mount Kit for Dell 3300 Projector 1 140.21 140.21 VENDOR INFORMATION: Dell Computers One Dellway, RR2E Box 4 Round Rock, TX 78682 Th~ goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $1,478.53 stated. AUTHORIZED SIGNATURE , 52;T...s"~~~,p~,,. . . ~_J!J~li;,1l· '-' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 .."", IT Quote Phone: (772) 462-1681 Fax: (772) 462-1443 Date Quote # 12/29/2004 478 Name/Address UTILITIES DEPT. Attn: Mike Bowers QUOTE VALID UNTil W.O. # REQUESTOR . . .. 1/29/2005 53316 Description Qty Rate Total Smart Board 580 Pro - 72" Diagonal OPTIPRO Surface 1 1,558.00 1,558.00 for projection only Shipping/Handling (Approx) 100.00 100.00 VENDOR INFORMATION: CCS Presentation Systems 8785 Perimeter Park Blvd Jacksonville, FL 32216 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 39 days unless otherwise . $1,658.00 stated. AUTHORIZED SIGNATURE ., '-' '-' BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Utilities PREPARED DATE: 1/4/2005 AGENDA DATE: 2/8/2005 471-1300-564000-1 00 441-1300-564000-100 FROM: 471-3600-549300-300 441-1300-551501-100 $1,658 $1,479 REASON FOR BUDGET AMENDMENT: Movin funds to ca ital accounts to urchase a smart board in the amount of $1,658 and a ro'ector in the amount of $1,479. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: n/a n/a n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ~ BA05-118 ¡o en ~ Wit) Zo o~ - I enoq- eno - 0 :EN :Ett:"I:I' o~g OWN )- )- "I:I'~ I-..J"'C""" Z~£r:: ::)(JW 0(/)00 OU:~ LLtt:(.) oo~ eLL.. ~I-W ~(/)~ OWe m::)< )-Oe I-WZ ztt:w ::)I-C> Oz< OW w:E -Q. 0- ::)::) ..JO .W I- en '-' II) G) E :;::; ::) ."""" "0 c: "0 eo .$ (I.) eo en 0. eo en '0 (I.) - ~ (I.) (I.) c: c: .c: .c: (I.) eo--E c:c:õt .- eo eo "0 c: 0. .~ 'Cõ .Q (I.) (I.) :t:"O ...."0"0.... (1.):3"0(1.) .c:oeo.c: -3:(I.)Õ en (I.).....c:- .- 0 - 0 :=t5£(I.) - (I.) .- en :J 'õ' 3: :3 >.....ò(l.) - 0. .c: C:(I.)~_ :3 .c: « .... 81- .s (I.) . ~ J!2 .- en 0 .Q U c: .- eo .3 .Q 10 = --eo .eoc:> --(I.)eo C/) c: en - (I.) (I.) (I.) oen.....Q .c: ~ 0.= 't:::: 0. (I.) .- :s en 3: o "0 (I.) en .... (I.) .c: .- m=_.c: eo_- ~ã5°Ë t5"OEo (I.) (I.) en 0 c..... = .... x 0 eo (I.) (I.) E c: u (I.) .... .Q c: .c: 0 en (I.) _-en.... .c:"O~~ 5:~ea >c:o.u o o ..- I o o o "" co LO I o o (\') ..- I ..- "" "" :it ... z ::) o CJ8CJ « LO " N I LO o o w :it a w 0:: ... Z w ::æ D.. ::) o w " 0) 0) £ ü r- a¡ 0 .... 0 '0) tI)_ .,- c:: c:: I o 0 0 :¡::; ü 0 19 0) 0 en -.:t C::£ CD c:: O)+-' I.(') tI)- I 0) 0 0 w It') .... c:: 0 Z 0 0.0 (f) \J ~ .,- 0 0) .- , 0 _ "0 .,- N .- "0 I'- - I 19 co -.:t en ~ 0) 0) "0£ en 0 o)+-' ....£ - 0 o+-' ~ N E .:¡¡: ~ .... c:: .2ô :it tI) 0 « ~« r- z (.) W 0) ::> c:: tI) 0 >- "0 c:: >- 0) .Q U I- ....J ro ro . U a. +-' tI) « Z « ._ c: ...... ü 0) c:: ;::) (.) :¡::; tI) 0) c:: 0) E 0 en co c.. t - c:: 0) co (.) U. co tI) a. tI) 0) 0) u. c:: .- £ "0 0) +-' .... .... - 0) 0 0 0) 0 £ £Eõ C U. tI) tI)_ 0) = 0 c:: I- :.¡::¡ CO 0) :-= c:: « en +-' 0 tI) :J .- :J W tI) 0 >-tI)O) +-'0)£ ;::) C::_+-' CO :J 0 .... a o .... 0 >- Ü 0.- W O)"O~ l- .- c::.!:) c:: ü co co Z :JO)= ...J tI) co ;::) l- . co > Z êi5 0) co 0 -0)0) W o£.!:) (.) ...c:......= W ~ 3: .~ 3: a.. o:-Q'E - èJ¡coco (.) - ;::) "0"00 ;::) O)'S.!:) a ......OL ....J ~ 3: co W a. "0 E CD . III X .... tI) I'- I- Q) 0) co 0) C\I I en :e 0)0£ I.(') £.!:)+-' 0 :;:; +-'t " a ::> £ co E w :!:Eo S tI) e ~ 0 w a::: I- z w :2: a. ::> 0 w .. ),/~ '-" ...." ITEM NO. C-5b DATE: February 8. 2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT P4~ P.M. Bowers Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests approval of Amendment No.1 to Work Authorization #30 for Masteller & Moler, Inc. to increase the lump sum amount from $216,950.00 to $253,150. FUNDS AVAILABLE: Funds to be made available 479-3600-563000-300 Improvements other than Building PREVIOUS ACTION: Board of County Commissioners approved continuing contract #COO-03-236 RECOMMENDATION: Staff recommends Board approval of Amendment NO.1 to Work Authorization #30 for Masteller & Moler, Inc. to increase the lump sum amount from $216,950.00 to $253,150. COMMISSION ACTION: ~ ~APPROVED o OTHER: o DENIED Approved 4-0 Frannie Hutchinson Absent º Oríginatin'g Dept: '{ylJ. ~ Review and Approvals º Management and Budget: ~ ~ o Purchasing: º County Attorney: o Other: o Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTO 772-462-1428, at least 48 hours (48) prior to the meeting. .. I.¡ ~ ¥ ~~'~;;P"'è=>,"" UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Utility Director ~ February 8, 2005 TO: DATE: RE: Route 4 16" Water Main & 16" Force Main Extension Project Amendment No.1 BACKGROUND: This amendment increases the contract lump sum amount from $216,950.00 to $253,150 for services related to the Route 4 project to revise and amend the engineering services to run lines to the proposed Waterstone project (FKA Emerson Estates). RECOMMENDATION: Staff recommends Board approval of Amendment NO.1 to Work Authorization #30 for Masteller & Moler, Inc. to increase the lump sum amount from $216,950.00 to $253,150. ....-. Jan 07 05 09:34a Mastelleor*Moler- 7727941106 p.2 .. ~ ...",.¡ . ; Exhibit A Engineering Services Related to the Route 4 Project to Revise and Amend the Route Survey, Base Plans, Engineering, Construction Plans, and Provide Permitting, Construction Administration, Periodic Inspection, Construction Stake-out, and As-Built Surveys for the Extension of a 16" Water lv1am and 16" Force Main through the Proposed Waterstone Project (FKA Emerson Estates) Streets to the West Right-of-Way Line of Emerson Road and South on the West Side of Emerson Road approximately 1500 feet. L Scope Of Servic~ A. Provide a Route Swvey for Engineering Utility Design purposes along the west side of Emerson Road from the Waterstone Project Main Entrance road south approximately 1500 feet for the Route 4 Project The route survey will include a cross section of F.P.F.W.M.D. Canal #5 between Lakeside Way and Howard Road, The Route Survey will include location of visible improvements within the proposed pipeline conidar and detailed information as needed at the directional bore locations, Elevations will be based on NGVD 1929 and cross-£ections will obtained as needed. Base Plans w111 be prepared showing the Route Survey information and tor use in preparing the Engineering Utility Design Construction Plans, B. Prepare Construction Plans and provide Engineering Design Services covering the redesigned and amended portion of the project. The plans will be suitable for project pennitting and construction showing proposed water main and force main pipelines with plug va1ves, butterfly valves, air relief valves, and directional bores. It is anticipated that both the 16" water main and 16" force main wm be constructed in the Waterstone project streets in the corridors where water and force mains are designed 011 the Development Plans and along the west side of Emerson Road. Directional bores \\<111 be located as needed. The estimated length of the revised and amended 16" water main and 16" force main section will be approximately 4,500 feet. C. The above-described Route 4 Project will require the preparation of an FDEP Permit Application along with the necessary plans and supporting data for construction of the potable water main and sanitary sewage force main systems. Services include Final Certification to FDEP for operation of the water main and force main systems. Our services will include securing these penuits as well as providing for the Application Fees associated with these pernúts. . D. For the Route 4 Project, we will provide services including assistance to St. Lucie County for construction administration and periodic construction inspection. These services will be on an "As Needed" basis to ensure that the project is constructed in reasonable compliance with the Construction Plans and Pennits. It is assumed that construction of the 16" ""ater main and 16" force main will be done at the same time by the Developer's Contractor. Jan 07 05 09:34a Masteller*Moler 7727941106 p.3 , .. '-" "" Exhibit" N' Page 2 of2 E. We will provide Surveying Services covering the Construction Stake-Out and As-Built Surveys, '''lhich will be needed during and following the construction of the Project. II, Time ofPerforrnance A. Surveying and Engineering Services including preparation of Construction Plans and Application for Permits will be completed in a time frame estimated at two (2) weeks after our receipt of a signed Wark Authorization. - III. Method and Amount of Compensation The Engineer, Masteller & Moler, Inc. shall be compensated as follows: 1. Scope of Services; Paragraph A, total lump sum fee of 2. Scope of Services; Paragraph B, total lump swn fee of 3. Scope of Services; Paragraphs C & D, total lump sum fee of 4. Scope of Services; Paragraph E, total lump sum fee of $ 3,400Q!.! $32,80000 $ 0 '" $ 0 * *Fees for these services are covered in the Original Agreement File #04 I 4D-LE (Exhibit A_ALuend.<CServices.doc) .. .... - -- \/ '-r ...., Agenda Request Item Number Date: C6A 2/8/05 Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-JD [ ] To: Submitted By: Board of County Commissioners Growth Management ~ Presented Bv. ~~ Director .', ' Approve EQ# 05-271 for a Dell Server as replacement equipment and EQ# 05-289 for (4) new workstations. SUBJECT: BACKGROUND: The server is a replacement of the unit which was damaged by the hurricanes, Tag No. 404439, sustained electrical damage and is no longer functional. The new workstations are for new employees in the Planning Division. FUNDS AVAilABLE: There are no budgeted funds for the replacement of the server, which has been submitted for insurance reimbursement: 102-1520-564000-100 $8,600.00 Funds are available for the (4) workstations due to furniture savings: 102-15101-564000-100 $5,145.00 PREVIOUS ACTION: N\A. RECOMMENDATION: Recommend approval of the purchase of EQ# 05-271 as replacement equipment and the purchase of EQ# 05-289 for new workstations. COMMISSION ACTION: CONCURRENCE: ~ APPROVED c:=J OTHER D DENIED County Attorney Originating Dept.: Finance: Approved 4-0 Frannie Hutchinson Absent vooraination/ Signatures Mg!. & BUd9~:_ SA:,/ ::.::::,':::"_,.,.:":'..._,:"::u:.L.-:>::: .c.·-:. .,-,c""'::"-,'" Purchasing: Other: ¿¡ô (Insert file en a: WLD Zo O~ ëñ~ ~o :E~ :Ea: 0« ow » t-...I z« ;:)0 oen oiL LLa: 00 eLL a:t- «en OW m;:) >0 t-W za: ;:)t- OZ OW w:E _0.. 0- ;:):::» ...10 .w t- en ö w c z w ::E ::E o (.) w a: ui - c: Q) E t: m a. Q) -0 - c: Q) . E""; Q) Q) c: -C)Q) .DmE ~c:a. Q) m '- UJ a. 00::: ::I Q) 0"::: 0- .~ c: .c: Q) 0'- - UJ UJ :i= :i= .- UJoo£ Q) c: '- '- ~UJ(!).E m .- -0 UJ -o-OC:-o c: c: m c: m m C) ::I ,-UJC:- Q)Q)E-o ~ U .- Q) Q)C:Eã> CIJ~'-C) u..Q)-o - Il..... ã)Q).......... C) c: C).D m .5 0 ouc:c: O'~ 0 <O'-N~ 'o:t£Q)m m .c: Q) -E-'- o 0 en Q) ..,L-c= en - .- oQ)S-ö UC)C:Q) - m'-- c: E m m Q)mEã) E -0 ë;; E'- ~ëij£ '- mu_o c.:S~êij Q)u_en '- Q) 0 .- Q)ã)Q)Q) £-oc:C) UJ Q) 0 m .- c: E êij ëã .!Q m Q)_'--o ::I III Q) Q) o-::I~.c: Q)enQ)_ '- .c: en Q) .!Q .!:2 Q) g .c: .c: .c: ._ t-:i=t-CIJ ... C CI) E CI) ftI C ftI :IE .c i E!Ç!? CJ(!) ~ Z w ::E ~ a: cC Q. W C CD C\I C) o Ø) - I C) C) o .. cø II) Q C\I II) - I S - ..t « M o Ü ò Z ëij .~ Q) en ai M 'o:t 'o:t o 'o:t Ò Z IX w ŒI ::E ;:) z ~ ;:) o (.) ~ - c: Q) E a. 'S 0- W Q) U m c. ~ - ,.... C\I I II) o o w .~ en :ë t- ,. o w a: ~ z w :::E Q. 5 o w me:/l/l.,:/UUl.,UMh- J/AUeyp/LUCALS-I/Temp/Quote_197474188... r 'r' ..., DELL Date: 1/13/05 12:51 :04 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: QUOTATION ~ 197474188 ~ ~ 5727638 ~. N3005 A63307 1/13/05 ST LUCIE COUNTY TOTAL QUOTE AMOUNT: $8,538.81 Product Subtotal: $8,538.81 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 I QUANTITY: 1 SYSTEM PRICE: $8,538.81 I GROUP TOTAL: $8,538.81 Base Unit: PowerEdge 4600,2.4GHz/512K Xeon (221-0364) Processor: 2ND Proc 2.4GHZ/512K,Xeon, PE4600 (311-1849) Memory: 4GB DDR SDRAM 266MHZ (4X1GB) for PE26xO/4600 (311.3865) Keyboard: Standard Windows Keyboard,Gray (310-1676) Monitor: No Monitor Option (320-0058) Hard Drive: 4 X 146GB 10K RPM Ultra 320 SCSI Hard Drive (340-8281) Hard Drive Controller: PERC3/Di 128MB (2 INT CHANNELS) (340-2904) Floppy Disk Drive: Floppy Drive, 1.44M,F3, third Helght,PowerEdge 4500 (340-2903) Operating System: No Operating System for Dell PowerEdge Servers, No OTHER (420-4106) Operating System: Dell OpenManage Kit,32-Bit (310-1261) Mouse: Logitech PS/2 2-button Mouse with Scroll, PowerEdge (310-4405) NIC: Dual On-Board NICS ONLY (430-8991) CD-ROM or DVD-ROM Drive: 24X IDE Internal CD-ROM,Black,for Dell PowerEdge (313-0317) Speakers: Printed Wiring Assembly BackPlane,1X8,PowerEdge 4600 (311-1116) Documentation Diskette: No Hard Copy Documentation (310-1989) Additional Storage Products: 146GB 10K RPM Ultra 320 SCSI Hard Drive (340-7966) Feature Cable,C9,MR5/MR1, PowerEdge 4600 (310-0606) Feature Rack Chassis w/Rapid Ralls forDell, HPQ or other Square HoleRacks, PE4600 (310-0633) Service: Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, Initial Year (900-6810) Service: Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, 3YR Extended (900-6353) Installation: On-Site Installation Declined (900-9997) Mise: Power Supply,300W, Redundant,PowerEdge 4600 (310-1344) Mise: 146GB 10K RPM Ultra 320 SCSI Hard Drive (340-7966) Mise: 18GB,U320,SCSI,11N 15K, Removable, PowerEdge (340-8472) lof2 1/13/20052:14 PM tlle:IIIC:/lJUCUME-I/Alleyp/LUCALS-lffemp/Quote_197474188... . .' Mise: Mise: ~ERNAL MEDIA BAY (340-6737) ....., 18GB,U320,SCSI,1IN 15K, Removable, PowerEdge (340-8472) SALES REP: BARBARA HARBER PHONE: 1800-981-3355 Emall Address: Barbara_Harber@Dell.com Phone Ext: 43012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/auote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. **Sa/es/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your POlf exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as July 1, 2004. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee 20f2 1/13/20052:14 PM CIJ a: WIIIIt ZO Q~ CIJ~ ClJO :iš~ ::Eo; 0« ow » ......1 z« :;)0 oen oU: U-o; 00 CU- a:t- «en OW m:) >0 ...W Zo; :)t- OZ OW W== -Q. 0- :):) .JO .W ... CIJ Q) .£:. - ë w Q Z W :æ :æ o o w a: .5 en Q) Q) >- o C. E Q) . := ca Q) Q) e:O ....C! oeo -ex) enC\ e:..... g@ .!9 en en e: .¥ 0 .... ,- o .-:: := en o Q5 a. - - ::J= a..... E Q) o e: (.) e: ca '0- ....0.. ca'C := e: o ca J: ca := Q) Q) .... e: ca - -en ~ .- _e: Q) .2 :Qã. > Q) o (.) .... Q) a..... o e: - 0 en .- ._ en - 'S; en .- Q)O ::Je> ere: Q) ,- .... e: en e: .- ca .£:.- 1-0.. .... c Q) E Q) m ca c ca :E .c e: i '2: o e: ... ca Oil: ¡:.: z w :æ ~ a: cC ~ W Q -., ... '....I ...: e: Q) E a. ':; er Q) .... ca :; 'C o E 'C e: ca Q) .... ::J - '2: .... ::J - 8 ... o Q i CD It) I ... Q ... It) ... I N Q ... Q) (.) :E o e: o en e> e: .~ en E o .... - Ii: w III :E :;) z ~ z :;) o o ~ Q) ]5 ~ ëti > ca en 'C e: ::J u.. eo o LO Ó Z 'C Q) .£:. (.) ca ::: ca Q) - o ::J o !::: Ø) co N I It) Q a w ð w a: ~ z w :E ~ 5 a w ...... -- ., I ..-.-- ../ . A~_ .~·"Auøu:. ,~ " ". ~ ''':'. '.' - :'."_"i,f:<:·i::.'+-:,·:- :" ";<;i::;"v.:~:",.<::.:_. - />~., l'~l!!!l!3!ý~RlJir~!J~!~Jl!y: " ~ARD OF COUNTY ."" COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Phone: (772) 462-1681 Fax: (772) 462-1443 Date Quote # 1/19/2005 506 Name/Address GROWTH MANAGEMENT **REVISED** QUOTE VALID UNTIL W.O. # REQUESTOR 2/26/2005 54580 SHEREE BELL Description Qty Rate Total Howard Desktop S465ML - Standard PC for FY05 4 1,286.00 5,144.00 3.2 GHz, Pentium 4 Processor, Motherboard 512MB DDR SDRam Floppy Drive CDRom Drive 40GB Hard Drive Integrated Intel Pro/l00VE Network Card Integrated Intel 845G Extreme Graphics Video Card ... 7'=~ '. ~ Integrated ADI Sound Card I~' Microsoft Windows XP Professional II JAM 2, 17" Viewsonic Monitor ~. Mouse, Keyboard, 2-Pc Stereo Speakers Q"OWTH M NA()Ea.ltENT aT.WCIE OLtNT'v, IlL Microsoft Office Professional 2003 4-Year Standard Warranty (No Refresh) VENDOR INFORMATION: Howard Computers 580 Eastview Drive Laurel, MS 39440 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $5,144.00 stated. AUTHORIZED SIGNATURE ~ '-' .-../ Agenda Request Item Number Date: C-6B Feb 8, 2005 Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-JD [ TO: SUBMITTED BY: Board of County Commissioners Growth Management SUBJECT: Authorize approval of Memorandum of Agreement (FM 230262-5-52-01) between the County and the Florida Department of Transportation for maintenance of the SR 70 pedestrian bridge, BACKGROUND: In November of 2005, the Florida Department of Transportation (FOOT) is scheduled to widen SR 70 (Okeechobee Road) from west of McCarty Road to west of the County Fairgrounds. This is the first of a four phase project widening SR 70 west to the county line. As part of this widening project, the State is constructing a 12-foot wide multi use path on the north side of SR 70 from the Florida Tumpike west to the Okeechobee County line. Part of the SR 70 expansion project includes the construction of a pedestrian bridge at the S1. Lucie County Fairgrounds, connecting the multi-use trail on the north side of the road to the planned trailhead facilities on the south side of the road. The bridge will provide a safe pathway for bicyclists and pedestrians, so that they do not have to cross the travel lanes on SR 70. When originally designed the pedestrian bridge was plain and utilitarian. With the new fairgrounds facility and the number of events planned, County staff requested some adjustments to the bridge that would be more reflective of the surrounding area. FOOT redesigned the structure and the County agreed to pay the additional $150,000 for the aesthetic enhancements. FUNDS AVAILABLE: Nt A PREVIOUS ACTION: On June 15, 2004 the Board entered into a Local Planning Agreement for $150,000 for aesthetic enhancements to the SR 70pedestrian bridge. RECOMMENDATION: Staff recommends that the Board support resolution 05-058 and enter into the Memorandum of Agreement (FM 230262-5-52-01) for maintenance of the SR 70 pedestrian bridge, COMMISSION ACTION: CONCURRENCE: ŒJ APPROVED c=J OTHER c=I DENIED - Approved 4-0 - Frannie Hutchinson Absent County Attorney Originating Dept.: Finance: q...... 1 ", ; ,'<:' ~-~ " Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: '-' ....,,¡ COMMISSION REVIEW: February 8, 2055 GROWTH MANAGEMENT DEPARTMENT Administration MEMORANDUM FROM: County Commission .,)0 Ed Cox, Growth Management Director £ TO: DATE: February 1, 2005 Authorize approval of Memorandum of Agreement (FM 230262-5-52-01) between the County and the Florida Department of Transportation for maintenance of the SR 70 pedestrian bridge. SUBJECT: In November of 2005, the Florida Department of Transportation (FDOT) is scheduled to widen SR 70 (Okeechobee Road) from west of McCarty Road to west of the County Fairgrounds. This is the first of a four phase project widening SR 70 west to the county line. As part of this widening project, the State is constructing a 12-foot wide multi use path on the north side of SR 70 from the Florida Turnpike west to the Okeechobee County line. Part of the SR 70 expansion project includes the construction of a pedestrian bridge at the St. Lucie County Fairgrounds, connecting the multi-use trail on the north side of the road to the planned trailhead facilities on the south side of the road. The bridge will provide a safe pathway for bicyclists and pedestrians, so that they do not have to cross the travel lanes on SR 70. When originally designed the pedestrian bridge was plain and utilitarian. With the new fairgrounds facility and the number of events planned, County staff requested some adjustments to the bridge that would be more reflective of the surrounding area. FDOT redesigned the structure and the County agreed to pay the additional $150,000 for the aesthetic enhancements. The Memorandum of Agreement with the Florida Department of Transportation provides for the County to maintain the SR 70 pedestrian bridge. If you have any questions, please let me know. cc: County Administrator County Attomey Parks & Recreation Director Public Works Director Bicycle / Pedestrian Coordinator \..t. .,-, RESOLUTION NO. 05-058 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF THE MEMORANDUM OF AGREEMENT (FM NO. 230262-5-52-01) BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY FOR A MAINTENANCE OF THE STATE ROAD 70 PEDESTRIAN BRIDGE BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT THE AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Department and the County are desirous of having the County maintain the State Road 70 Pedestrian Bridge. 2. This Board should authorize and approve execution of the Memorandum of Agreement (FM NO. 230262-5-52-01) with the State of Florida Department of Transportation for the maintenance of the State Road 70 pedestrian bridge. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby authorize and approve execution of the Memorandum of Agreement (FM No. 230262-5-52-01) with the State of Florida Department of Transportation which provides for the County to maintain the State Road 70 pedestrian bridge. '- 'wi 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized toe execute the Memorandum of Agreement approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to form and correctness. After motion and second, the vote on this resolution was as follows: Chairman 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 ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 9: \atty\resoltn \2004 \05-058.wpd '- ~ .....,¿ Florida Department of Transportation JEB BUSH GOVERNOR District Maintenance Office 3400 West Commercial Boulevard Fort Lauderdale, Fl 33309-3421 Telephone: (954) 777-4200 Fax: (954) 777-4223 JOSÉ ABREU SECRETARY January 24, 2005 Received By JAN 28 2005 Growth Management Ms. Karen Butcher BicyclelPedestrian Coordinator St. Lucie County 2300Virginia Avenue Ft. Pierce, FL 34982 RE: Maintenance Memorandum of Agreement (MOA) for Pedestrian Bridge Over State Road 70 Dear Ms. Butcher: Enclosed are four original MOAs, to reflect the decorative bridge hardscapes that will be constructed under State Financial Project Number 230262-5-52-01 for the Pedestrian Bridge over State Road 70. Please have these executed by the County Commission at their earliest convenience returning all to me with one sealed copy of the Resolution approving such action. Rick Chesser, the Department's District Secretary, will execute and date the originals returning one for your file. Call me at 954-777-4205 if! can be of further help. ø Robert Born District Maintenance CC: H. Oaikhena, E. Hassett, W. Wang, File www.dot.state.fl.us ~ 'wi SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: 94030000 230262-5-52-01 St. Lucie 70 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20-,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the St. Lucie County, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WIT N E SSE T H: WHEREAS, the DEPARTMENT has jurisdiction over State Road 70 as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contains State Road 70 Pedestrian Overpass Bridge at M.P. 14.282, shall be maintained by periodic cleaning, painting, and repairing or removing and replacing hardscapes as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated , 20_, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to install or cause to be installed a Pedestrian Overpass Bridge at M.P. 14.282 (near Midway Road) and hardscapes thereon on the highway facilities as specified in plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. Hardscapes shall mean any non-standard roadway, sidewalk, median or bridge surface such as, but not limited to interlocking concrete or brick pavers, stamped S:\Maint\Landscape\MOA Folders\MOAs\SR 70 Pedestrian Bridge 230262.doc 1 .~ ...,,¡ asphalt or stamped concrete, decorative surfaces and appliqués other than standard concrete with Class V finishes and fence fabrics other than AASHTO M 181 No 9 gage two inch mesh chain link fabric. 2. The AGENCY agrees to maintain and assumes all responsibility for maintenance of the hardscapes on the Pedestrian Overpass Bridge within the right of way by periodic cleaning or painting, graffiti removal and the repairing or removing and maintenance activities, following the FDOT Manual OfUnifonn Minimum Standards For Design, Construction And Maintenance For Streets And Highways and the 600 series of the Department's Design Standards for maintenance of traffic. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the graffiti removal as necessary and proper cleaning, preparation and reapplication of the Class V finish of the parapet and precast concrete architectural panels, 3.5' decorative parapet, and precast concrete panels; The cleaning, installing and removing of the aluminum sign display frames and messages and pennitting and confonning to Rule Chapter 14-43 of the Florida Administrative Code, including the storage when not in use; The repairing or replacing of the welded wire mesh covering as needed. To maintain also means the repairing, removing and replacing of hardscapes that fall below original Project standards or otherwise become in disrepair so as to cause a safety hazard. If it becomes necessary to provide nonstandard recessed walkway lighting to the pedestrian structure, all costs associated with lighting maintenance, and service connections as well as on-going cost of electricity are the maintaining AGENCY'S responsibility. The above named functions to be perfonned by the AGENCY, may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement tennination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has assumed the hardscape installations and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the tenns of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) Maintain the hardscapes or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or S:\Maint\Landscape\MOA Folders\MOAs\SR 70 Pedestrian Bridge 230262.doc 2 '-' "'-" (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the hardscapes installed under this Agreement or any preceding agreements and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the hardscapes covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said hardscapes after which time the DEPARTMENT may remove same. All pennits, fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. 5. The DEPARTMENT agrees to enter into a contract for the installation of the hardscape Project for an amount not to exceed $ 150.000.00 as defined in Exhibit C. The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited to only those items which are directly related to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's warranty period. 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the hardscape areas fail to be maintained in accordance with the tenns and conditions of this Agreement. 7. This Agreement maybe tenninated under anyone (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perfonn its duties under Paragraph 3, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8. The term of this Agreement commences upon execution. 9. To the extent pennitted by law, the AGENCY shall indemnify and hold hannless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out ofthe AGENCY'S negligent perfonnance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in confonnance with the standards S:\Maint\Landscape\MOA Folders\MOAs\SR 70 Pedestrian Bridge 230262.doc 3 \.; ....,,¡ described in Section 2 of this Agreement. 10. The AGENCY may construct additional hardscape within the limits of the rights-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new hardscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All hardscape shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional hardscape installed; (d) No change will be made in the payment tenns established under item number five (5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation ofhardscape added under this paragraph. 11. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its tenns, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a tenn for a period of more than 1 year. 13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part S:\Maint\Landscape\MOA Folders\MOAs\SR 70 Pedestrian Bridge 230262.doc 4 '-' '-' without the consent ofthe DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. 16. Any and all notices given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect If to the Agency: St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Attention: Ms.Karen Butcher Bicycle/Pedestrian Coordinator IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Chairperson Transportation Development Director Attest: Clerk (SEAL) Attest: Executive Secretary (SEAL) Approval as to Fonn Date Approval as to Fonn Date S:\Maint\Landscape\MOA Folders\MOAs\SR 70 Pedestrian Bridge 230262.doc 5 \.t. ~ SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT A PROJECT LOCATION: State Road 70 Pedestrian Overpass Bridge at M.P. 14.282 (near Midway Road). S:\Maint\Landscape\MOA Folders\MOAs\SR 70 Pedestrian Bridge 230262.doc 6 94030000 230262-5-52-01 St. Lucie 70 '-' 'wi SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: 94030000 230262-5-52-01 St. Lucie 70 EXHIBIT B The DEPARTMENT agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by Wilbur Smith. Associates Dated And Rule Chapter 14-43 of the Florida Administrative Code last changed Sept 27, 2004 and as may be further amended from time to time, specifically for the standards and practices of the aluminum sign framed displays by the AGENCY. And Bridge and Other Structures Inspection and Reporting Manual (Topic No. 850-01 0-030) specifically defines standards for inspection and reporting practices by the DEPARTMENT. S:\Maint\Landscape\MOA Folders\MOAs\SR 70 Pedestrian Bridge 230262.doc 7 '-' '-' SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: 94030000 230262-5-52-01 St. Lucie 70 EXHIBIT C PROJECT COST This Exhibit forms an integral part of the DISTRICT FOUR ( 4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated I. APPROXIMATE PROJECT COST BASED ON LFA (June 28, 2004) PER AGENCY RESOLUTION #04-161: $150.000.00 S:\Maint\Landscape\MOA Folders\MOAs\SR 70 Pedestrian Bridge 230262.doc 8 II' \~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED o OTHER County Attorney Originating Dept.: Finance: '-' """" Agenda Request Item Number Date: C-6C 02/08/05 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ ] Board of County Commissioners C. /"I presen~:d ~y /':J, Growth Management ~ ~ ~ ~_ Growth Management Dire or Request of Lawson, Noble & Webb, Inc., for final plat approval for the project to be known as PODS 12 and 13. PUD 1 at The Reserve (Scarborough Estates). This project is located at the southwest corner of the North side of Legends Drive, directly across from the entrance to Fairways Landing. The project consists of 27 residential lots. Lawson, Noble & Webb, Inc., has submitted the final plat for the project to be known as PODS 12 and 13, PUD 1 at The Reserve (Scarborough Estates) located at the southwest corner of the North side of Legends Drive, directly across from the entrance to Fairways Landing. NIA On April 1, 2003, the Board of County Commissioners, through Resolution 03- 013, granted Final Planned Unit Development approval for the portion of the Reserve PUD/DRI known as PODS 12 and 13 at The Reserve (Scarborough Estates). Approve the final plat of PODS 12 and 13 at The Reserve (Scarborough Estates) and authorize its final execution. CONCURRENCE: o DENIED Approved 4-0 Frannie Hutchinson Absent Iff Coordination! Signatures Mgt. & Budget: ~ Other: \ e - /~~ /' '-" .., ~.~# ... Commission Review: January 25, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Growth Management Director Date: February 2, 2005 Subject: Petition of Lawson, Noble, & Webb, Inc., for final plat approval for the project to be known as PODS 12 and 13, PUD 1 at The Reserve. On April 1, 2003, the Board of County Commissioners, through Resolution 03-013, granted Final Planned Unit Development approval for the portion of the Reserve PUD/DRI known as PODS 12 and 13 at The Reserve (Scarborough Estates). The project is located at the southwest corner of the North side of Legends Drive, directly across from the entrance to Fairways Landing. This phase of the development consists of 27 residential lots. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the plat for the subdivision to be known as Scarborough Estates Subdivision. Please contact this office if you have any questions on this matter. SUBMITTED: ~CI Growth Management Director cc: Gary R. Burford, PSM - Lawson, Noble & Webb, Inc. Ron Harris, County Surveyor File /' /. a 211 ~:~~~ III > a: III .. III a:.Š IIIIII~ ZI-I "'C ... ... ã t\I . . ~ .c III ~I- - z i~i · G ~~ q :» d§ ~ 0 ~~ & a: ii~1 o j!jt;1Jl -m ~ :; 'a:~ aCI!s ZO_ ....A. ~ ft .. ,. a o A. '-' O~CD - i "'I !!I, o it f ilf; I I I' I If Ii . ia,~~ ' I dî~ t to! '2' I~ . ~I~I J ~t . ) Ii I I' I. Ii iii'! I i: Ie. ,. , ,~ . 5. .-. . rl ," Ii II~I i ~! III' ~ 'Ii !Q Ii ',.. i! ;1. i' .". ., II! _". I 'I" '1 = 1;.111 il ! I ill . , ~ ~lli it! , ¡: ..' !,¡ - Iniï d I~ I! à!!:! ' fit !!I I! II! I.. ii' "I' Ii ~illii, ,'I" .' ~ ~ !~I ¡I :I~ ;i d "i - r ãlt ¡¡ ~, I ~. 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I'dl; I!PII I II 1;1 I I II; III. ,I hili Ilh IlIi!!~~l:~"1 Ih¡.1.I1 b~u,", ".. '.' .......... . '!t"¡. ... ~..4.~ee-I~~I~~ilLi~s.,. 153 .... ßI~'L tOO2,,,/ii .....ëM!d8t91'...:iI\lnS\þ:J\8nI\"...)Ø\;· COMMISSION ACTION: æ APPROVED D DENIED [==::J OTHER ./ !' - .",.,.,.. ..,/ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney Originating Dept.: Finance: ~ '-' Agenda Request Item Number Date: C-6D 02/08/05 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management Request of Treasure Cay, LLC, for final plat approval for the project to be known as Diamond Sands Subdivision. This project is located on 30.23 acres of land on the east side of State Road A-1-A, approximately 4 miles north of the Jensen Beach Causeway, in the HIRD (Hutchinson Island Residential District) Zoning District. The project consists of 45 residential lots. Treasure Cay, LLC, has submitted the final plat for the project to be known as Diamond Sands located on 30.23 acres of land on the east side of State Road A-1-A, approximately 4 miles north of the Jensen Beach Causeway. NIA On September 16, 2003, through Resolution 03-222, the Board of County Commissioners granted major site plan approval for the project to be known as Diamond Sands SID. Approve the final plat of Diamond Sands SID and authorize its final execution. Approved 4-0 Frannie Hutchinson Absent Coordination/ Signatures Mgt. & Budget: Other: tiAJ , ~ '..,/ Commission Review: February 8, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Growth Management Director Date: February 2, 2004 Subject: Petition of Treasure Cay, LLC, for final plat approval for the project to be known as Diamond Sands Subdivision. On September 16, 2003, through Resolution 03-222, the Board of County Commissioners granted major site plan approval for the project to be known as Diamond Sands SID. The project is located on 30.23 acres of land on the east side of State Road A-1-A, approximately 4 miles north of the Jensen Beach Causeway, in the HIRD (Hutchinson Island Residential District) Zoning District. The project consists of 45 residential lots. The associated final plat for this subdivision was received in the office of the County Engineer on November 24, 2004. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(0) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the plat for the subdivision to be known as Diamond Sands Subdivision. Please contact this office if you have any questions on this matter. 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I! !¡¡ '1 ~ -- i " I ¡I ~~! ¡ ih~ ø Ii ~¡ ti~ . m 3! d ih' J..~;! ø ~.:I~ b I' . n· ¡ i I at·, ~ ~~n~1 ~13 ~ili Ii ¡~ laa3.;. ,. . . . ~t~~~~ CÐ g~ 3 : 0 . , t·... ~Iii~~ . ;I!¡¡ ~'¡i~ @~I;il .IIIII.!! I!R~i~ ~~I! ~ ;¡!ili Ji. III ¡¡~.!h iu.li "',_I~ -----...------- ..... ~ .....eM NO. C7A DATE: February 8,2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Grants Bill Hoeffner. Grants Writer SUBJECT: Award of RFP #05-013 - Guidance and Interpretive Signage BACKGROUND: See Attached Memo FUNDS AVAILABLE: Funding for this project in an amount not to exceed $30,000 will come from three grants that have been received: Florida Inland Navigation District, Recreational Trail Program, and FishAmerica. No County matching funds are required. PREVIOUS ACTION: The Board previously approved the submittal and acceptance of the three grants. RECOMMENDATION: Staff recommends approval of all three (3) proposals for the shortlist, permission to enter into a contract with the top ranked firm, Guidance Group, for an amount not to exceed $30,000; and for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ()f APPROVED ( ) OTHER ( ) DENIED in Approved 4-0 Frannie Hutchinson Absent RATOR County Attorney ( ) Mgt. & Budget ( ) Originating Dept. ( ) ~ø Other ( ) finance: (check for copy, only if applicable)_ ~.. Coordination/Sianatures Purchasing (X) tf/¿ Other ( ) BOARD OF COUNTY COMMISSIONERS ...., Administration Douglas M. Anderson County Administrator MEMORANDUM To: Board of County Commissioners From: Bill Hoeffner, Grants Writer Date: February 1, 2005 Re: Award of RFP #05-013 - Guidance and Interpretive Signage *********************************************************************************************************** BACKGROUND: This RFP is for educational, interpretive, and directional signage to be constructed in Pepper Park Riverside. Sign design previously approved by the Board (see attached) will be utilized in the sign design. On January 5, 2005 proposals were opened for RFP #05-013, Guidance and Interpretive Signage. Eight hundred and twenty-two (822) vendors were notified, thirty-two (32) documents were distributed, and three (3) responses were received. A Selection Committee met on January 25, 2005 to review and rank the proposals. The committee short- listed the proposals as follow: First - Guidance Group Second - Wilderness Graphics Third - Land Design Innovations RECOMMENDATION: Staff recommends approval of all three (3) proposals for the shortlist; permission to enter into a contract with the top ranked firm, Guidance Group, for an amount not to exceed $30,000; and for the Chairman to sign the contract as prepared by the County Attorney. JOSEPH E. SMITH, District No.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-lucie.fLus ~ ....., RFP Review Committee Minutes-January 25, 2005 RFP 05-013 Trail Signage-North Hutchinson Island Meeting called to order at 3 :45 at the County Administration Conference Room. Present: Jim David, Bill Hoeffner, Roberta Breene, Karen Butcher and Jon Ward. Ed Parker and Heather Young were present to advise in a non-voting status. The meeting opened with a discussion on the general reasoning behind a signage change on North Hutchinson Island. Butcher discussed involving local residents to advise what the County was doing. Ward discussed the layering of various types of information on the trails such as biological information, insightful art such as haiku poetry and historical references. Hoeffner noted the importance of wayfinding issues as his primary concern. Jim David asked about funding and requested a copy of the RFP, which Parker furnished. A discussion of funding ensued with Hoeffner indicating approximately $27k was available for the proj ect and Breen indicated that additional funds might be available from other grants. Parker discussed RFP criteria and Hoeffner focused on wayfinding capabilities of each vendor, favoring the products of the Guidance Group. Butcher and Ward agreed, citing the Ft. Pierce examples previously executed by Guidance. A discussion of the existing South Beach signage design ensued and the panel was informed that the existing signage (developed by Glatting Jackson) had been adopted as the official signage for beachfront locations by the BOCC and would be the primary design from which the other signage for this project would take its cues. David asked about awarding the contract to more than one vendor. Parker and Young discussed contract standards. David advocated for Wilderness Graphics, based on its off the shelf biological graphics, readily available and affordable. Virtues of one standardized sign design vs. a variety were discussed. David was in favor of rustic signage in the woods, all other panelists wanted a standardized design throughout project. David argues for award to two manufacturers, naming one as the primary vendor. General discussion on small size of budget and project followed, with majority of panelists feeling that only one vendor need be named for project. A discussion of the grant-driven time frame was held. The vendors were ranked: 1. Guidance Group, 2. Wilderness Graphics, 3. Land Design Innovations. Panelists Hoeffner, Breene, Butcher and Ward voted to award the contract to Guidance Group. Panelist David voted for Guidance Group and Wilderness Graphics (two contracts), in order to use Wilderness for the rustic, sturdy species info signage & structures and GG for entrance and trail directionals. The recommendation of the panel is to award the contract to Guidance Group. Panel adjourned at 5:05. Minutes prepared by Jon Ward. '-' ~ .I;~ I Þi;s1ÍA~~ /m4.,ý~r" . Pt~e.-nÍNrA t//~" ~.. ~.k ~~ /to" ~ ...",; '·'··1·· ,~ ..' i' ...000, ., .. '- AGENDA REQUEš1 ITEM NO. C7-B DATE: February 8,2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants Bill Hoeffner Grants Writer SUBJECT: Request Board approval to submit a grant application to the National Recreation and Park Association and the United States Tennis Association (NRPNUSTA) for $5,000 to pay for a temporary tennis specialist who will assist in coordinating Junior Team Tennis Tournaments during the Summer, 2005. Also request Board approval to accept the grant if it is approved for funding. BACKGROUND: This grant will pay for a certified tennis professional to work on a temporary basis to assist the County's current tennis professional in organizing junior team tennis competition. St. Lucie County has conducted a junior team tennis Summer program for numerous years. In this program, teams from St. Lucie County compete throughout the Summer against teams from neighboring counties. The program ends in a three-day State tournament held each year in Lakeland FUNDS AVAILABLE: No match is required PREVIOUS ACTION: St. Lucie County received a grant of $5,000 from NRPNUSTA in 2004 which was used for the Summer team tennis program. RECOMMENDA TION: Staff recommends that the Board authorize the submittal of the grant application to the NRPNUSTA and to accept the grant if it is approved for funding. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] OTHER: [] DENIED Approved 4-0 Frannie Hutchinson Absent Review and APP~ County Attorney: ~ Manag~t & Budget: Originating Dept: Other: \ . Finance: _ (Check for Copy only, if applica Ie)' Purchasing: Other: Effective: 5/96 AGENDA REQUESf ITEM NO. C7-C DATE: February 8, 2005 TO: Board of County Commissioners REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT): Grants Bill Hoeffner Grants Writer SUBJECT: Request Board approval to submit six grant applications to the Children's Services Council for funds that will be utilized for scholarships to summer programs being conducted by the County's Parks and Recreation Department. The item also requests Board approval ofthe acceptance ofthe grants if awarded. The six grant applications are for the following programs and funds: Fort Pierce Community Center Teen Camp: $1,020 Fort Pierce Community Center Kids Camp: $2,425 Lincoln Park Community Center Kids Camp: $5,000 Lyngate Play Camp: $2,750 Aquatics/swimming lessons: $1,000 Lawnwood Tennis Program: $2,400 BACKGROUND: These grants are being made available by the Children's Services Council. The grants are intended to pay for fees for summer recreational programs for children from lower income families who cannot afford to pay the fees. The Children Services Council gives preference to summer programs that have exercise and literacy components. Where practical, these components will be included within the County's summer programs. FUNDS AVAILABLE: No match is required PREVIOUS ACTION: No previous action. RECOMMENDATION: Staff recommends the Board authorize the submittal of the six grant applications to the Children's Services Council and the acceptance of the grants if awarded. COMMISSION ACTION: CONCURRENCE: [~PPROVED [] OTHER: Approved 4-0 Frannie Hutchinson Absent [] DENIED Review and APpr~ County Attorney: Mana~,nt & Budget: Originating Dept: ~ Othe"'~~ Finance: (Check for Copy only, if applicàble) Purchasing: Other: Effective: 5/96 AGENDA REqUE" """'EM NO. SA DATE. February 8, 2005 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO. Board of County Commissioners SUBMlnED BY (DEPT). Administration SUBJECT. Request for Board approval of Change Order No. contract with Rodda Construction for the repair of BACKGROUND. See attached staff report. FUNDS AVAILABLE: 362-75201-562000-700 - Sports Complex Capital Fund New VorR Mets $ 100,000 $ 26,380 PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board approve Change Order No. 7 in the amount of $126,380.00 in the contract with Rodda Construction for repair of Tradition Field. COMMISSION ACTION: CONCURRENCE: Approved 4-0 Frannie Hutchinson Absent .v APPROVED 0 DENIED o OTHER: Review and A...ova" A-I\'m \\ j County Attorney: _ Management & Budget: ~ Originating Dept: _ Other: Finance: (ChecR for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 \.,; ...,¡ COUNTY ADMINISTRATION MEMORANDUM OS-08 TO. Board of County Commissioners FROM. Ray Wazny, Assistant County Administrator DATE. January 28, 2005 RE. Rodda Contract Change Order No.7 Change Order No.7 with Rodda Construction for hurricane damage repair worb at Tradition Field is not a result of hurricane damage. This request is for the addition of a bitchen facility to the minor leagues building. To fund this request the Mets will pay $26,380.00 and St. Lucie County will pay $100,000.00. As part of our contract with the Mets, St. Lucie County is required to mabe $100,000.00 in capital improvements each year. The Mets have requested that this required capital contribution be made for the bitchen installation in the minor league building. RLW/ms-05-08 .. CHANGE ORDER ST. LUCIE COUNTY \.i 7 PROJECT: (n.mT;;;~ð~ f,l-l-Ø ¡(f;I¡fI~ TO (Contractor): to PfJ A-- Cð IlJ 7fiJ,¿L!7 ð,J '...J CHANGE ORDER NUMBER: INITIATION DATE: CONSULTANTS PROJECT NO.: 1ft¡ l/- ST. LUCIE COUNTY /> LL _ to---'J{C( CONTRACT NO: L- 0 ~r 77 1JC:.- r /ÿ VtJL{ CONTRACT DATE: You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes No) The original (Contract Sum) (Guaranteed Maximum Cost) was'.... .. ...... " .. .. " ...... $ ~/9'.l.I'Y ( Net change by previous authorized Change orders ..................................... $ <2B/~C.5> The (Contract Sum) (GuaraFlteed Maximtlffl Cost) prior to this Change Order was ....... $ 5: "'J BJ.5 The (Contract Sum) (~llaraRtQ8g Ma^;lIlum-GQSt) will be (increased) fdecreas~J ur ~ ~::J 80 cRanged) by this Change Order ....................................................... $ I I 17 I:' The new (Contract Sum) (G~arant89Efo..MAvimllm r.ost) including this Change Order will be $ 5;')..~()I¡r...tJ/ The Contract Time will be (iDr.reasen) (ggereased) (unchanged) by ( ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of theentire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work perforr1)éd under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Architect/Engineer Address By Agreed To: Date Contractor Address By Date CANARY-DEPARTMENT WHITE - VENDOR St. Lucie County Department Address By Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By Approved as to Form and Correctness Date County Attorney PINK - PURCHASING GOLDENROD - FINANCE ~r I' ~ '-' "WIf/J ITEM NO. 8b DATE: February 8. 2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): ADMINISTRATION TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Sale of Alcoholic Beverages at Tradition Field BACKGROUND: The NY Mets have requested authorization to sell alcoholic beverages in addition to beer and wine at designated locations at Tradition Field. FUNDS AVAILABLE: NIA PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends sending the attached letter to the St. Lucie Mets authorizing the sale of alcoholic beverages in addition to beer and wine at selected areas of the stadium. This excludes concession areas. COMMISSION ACTION: CONCURRENCE: 1CI APPROVED o OTHER: o DENIED Approved 4-0 Frannie Hutchinson Absent Review and Approvals º County Attorney: -º Management and Budget: º Purchasing: º Originating Dept: º Other: º Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community SeNices Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. f , ",... , '-' \wi February 1, 2005 Sally Gibson St. Lucie Mets 525 NW Peacock Avenue Port St. Lucie, FL., 34986 RE: Modification of Liquor License at Tradition Field - Revised Letter Dear Ms. Gibson: This office, in consultation with the Parks and Recreation Department, has reviewed your request to modify your current alcoholic beverage license at Tradition Field. As I understand your request, you are seeking to serve liquor as well as beer and wine at all concession areas. After review, the County has determined that we are willing to participate in an application that would allow the liquor sales on the third level suite area including the luxury suites. Also included would be the party terrace and the outer concourse locations. The County is not willing to support the sale of liquor in all Tradition Field concession areas. Since the City of Port St. Lucie is the zoning authority governing the location of Tradition Field, you will need to contact their Planning and Zoning office to complete Section 7 of the license application. I trust this information will enable you to move forward with your application. Should you have any additional questions, please call me at 462-1450. Sincerely, Douglas M. Anderson County Administrator DMAlab 05-21 c: Ray Wazny, Assistant County Administrator David Kelly, Planning Manager Faye Outlaw, Assistant County Administrator Pete Keogh, Parks and Recreation Director Dan Mcintyre, County Attorney Ed Cox, Growth Management Director Cheryl Friend, Planning and Zoning Director, Port St. Lucie "' - ,- AGENDA REQUESt-' ITEM NO. 8C DATE: February 2, 2005 REG U LAR [] PUBLIC HEARING [] CONSENT [X] SUBMITTED BY (DEPT): Administration TO: Board of County Commissioners SUB1ECT: Gubernatorial appointment term of the District Medical Examiners in District 19 will expire on July 1, 2005. BACKGROUND: Please see attached letter from the Florida Department of Law Enforcement FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff requests approval to complete the Reappointment Ballot Form with the concurrence of the recommendation of reappointment of Dr. Mittleman for submittal. COMMISSION ACTION: CONCURRENCE: Approved 4-0 Frannie Hutchinson Absent LfAPPROVED [] OTHER: [] DENIED Review and Approvals County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ~,. '-' ....,¡ FDLE Florida Department of Law Enforcement Medical Examiners Commission P.O. Box 1489 Tallahassee, FL 32302 (850) 410-8600 http://www.fdle.state.fl.us Guy M. Tunnell Commissioner Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 ß"S-Sð - /~~ /~ ð~ 8C~ A~ÞrI 6~ 3/¡ A January 26, 2005 Dear Mr. Anderson: The gubernatorial appointment term of the District Medical Examiner in District 19 (Indian River, Martin, Okeechobee, and St. Lucie Counties) will expire on July 1, 2005. Pursuant to Florida Administrative Code, Chapter 11G-5.004(2), the Medical Examiners Commission will consider recommending to the Governor the incumbent, Dr. Roger E. Mittleman, or other qualified candidates for this appointment. So that the Commission can make an informed decision, they are asking for your input on this matter. The topic is scheduled for discussion at the 2005 Spring Commission Meeting. As such, it would be appreciated if your office would complete the enclosed Reappointment Ballot Form and send it back to this office by March 4, 2005. Please indicate your concurrence or non-concurrence with the recommendation for Dr. Mittleman's reappointment. The Commission will also consider the nominations of other qualified candidates, if submitted. For your convenience we have included a self-addressed, stamped envelope for the return of the form. If you have any questions or if you wish to discuss your input, please feel free to contact me. Sincerely, Guy M. Tunnell Commissioner f y{ ,1 'L)~d-{i?~J) Victoria G. Marsey, Bureau Chief Bureau of Standards VGM: jl Enclosures íõì,Œ@ŒnJŒ~ \ ~;! .... 3 I ~ I d ! L ,U \R1 row./ l-----..· . c ~ ~. -- ME~CAL EXAMINERS COMMI~ION Recommendation For Reappointment District 19 Medical Examiner Dr. Roger E. Mittleman Favorable Unfavorable If Favorable, please give suggestions for improvement. If Unfavorable, please give reasons for negative response. Completed By: Signature: Please Print: Form Sent To: Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Please Return Form To: Bureau Chief Victoria G. Marsey Bureau of Standards Florida Dept. Of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302 Date: ~ , þ< .. ""EM NO. C-9A DATE: 02/08/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) . CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Fifth Amendment to Contract No. C02-04-399 with The Terminix International Company BACKGROUND: See attached memorandum FUNDS AVAILABLE: Various departments "Other Contractual Services" Account No. 534000 PREVIOUS ACTION: On June 8, 2004 the Board of County Commissioners approved the fourth amendment extending the term of the contract through May 9, 2005. RECOMMENDATION: Staff is now requesting approval to exercise the second one-year renewal option to Contract No. C02-04-399 to extend the terms of the contract with The Terminix International Company through May 9, 2006. Staff is also requesting approval to add Elections and Clerk of Court at the Orange Blossom Business Center and Walton Road Annex, and remove Courthouse and Village Green, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: [X APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent ~ Coordi nation/S iç¡natu res County Attorney:(X) ~ ¡ t /<" 11./"'" Mgt & B"dget ð.ft I{Y\'(\¡\.GJ Other: Purchasing Mgr.:(X) Glf Originating Dept:: Other: Finance: (Check for Copy only, if Applicable) ,.. '-' ....., C02-04-399 FIFTH AMENDMENT TO THE APRIL 23, 2002 CONTRACT THIS FIFTH 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 THE TERMINIX INTERNATIONAL COMPANY or his, its or their successors, executors, administrators, and assigns, (the "Contractor"). WHEREAS, on April 23, 2002, the parties entered into a contract whereby the Contractor agreed to provide pest control services; and, WHEREAS, on August 13, 2002, the parties executed the First Amendment to the Contract changing the addresses of three (3) of the County's Facilities; and, WHEREAS, on November 26, 2002, the parties executed the Second Amendment to the Contract adding one (1) additional facility (Airport Maintenance Building) to the Contract; and WHEREAS, on November 4, 2003 the parties executed the Third Amendment to the Contract adding six (6) additional facilities (St. Lucie County Fairground's Buildings); and WHEREAS, on June 8, 2004 the parties executed the Fourth Amendment to the Contract extending the terms and conditions of the contract through May 9, 2005; and WHEREAS, the parties desire amend the Contract to exercise the second one-year renewal option extending the term of the contract through May 9, 2006 and add Elections and Clerk of Court at the Orange Blossom Mall and Walton Road Annex, and removing the Courthouse and Village Green. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period beginning on May 10, 2002 and continue through and including May 9, 2006. 2. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the successful performance of this Contract the sum of one thousand one hundred seventy-two and 00/100 ($ 1,722,00) dollars per month for a total of fourteen thousand 1 .. '- -...I C02-04-399 sixty four and 00/100 ($14,064,00) dollars per year based on invoices submitted by the Contractor and approved by the County project Manager. 3. The Bid Form Bid #02-054 Pest Control Services to the Contract is hereby amended as set forth in the Bid Form Bid #02-054 Pest Control Services attached hereto and made a part hereof as Amended Bid Form Bid #02-054 Pest Control Services. 4. 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 I FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: THE TERMINIX INTERNATIONAL COMPANY BY: Print Name: Title: 2 \w -...J C02-04-399 AMENDED BID FORM - FIFTH AMENDMENT Bid No. 02-054 Pest Control Services MONTHL Y BUILDING ADDRESS COST YEARL Y COST Airport Terminal 3000 Aviation Way $ 14.00 $ 168,00 Federal Inspection 2990 St. Lucie Blvd.. $ 14.00 $ 168.00 Airport Maintenance Buildinç¡ 4801 Airport Road $ 20,00 $ 240,00 Office Space 200 S. 2nd Street $ 14,00 $ 168.00 Office Space, AG 8400 Picos Road $ 14.00 $ 168.00 Library Branch 3008 Avenue D $ 14.00 $ 168.00 Library Branch 101 Melody Lane $ 35.00 $ 420.00 Library Branch 180 SW Prima Vista $ 14.00 $ 168.00 Library Branch 7605 Santa Barbara $ 14.00 $ 168.00 Library Branch 2410 SE Morninç¡side $ 14.00 $ 168.00 Paint Shop Road Dept. 3071 Oleander Ave. $ 12.00 $ 144.00 Storaç¡e/Maintenance 3071 Oleander Ave. $ 12.00 $ 144.00 OfficelCarpentry 3071 Oleander Ave. $ 12.00 $ 144.00 Human Services 437 N. 7th Street $ 14.00 $ 168.00 Juvenile/Records Mç¡t 435 N, 7th Street $ 25.00 $ 300.00 Recreation Bldq. 1306 Avenue M $ 14.00 $ 168.00 RestroomlPump house 2020 Juanita Avenue $ 10.00 $ 120.00 Indrio School House 8850 Indrio Road $ 10.00 $ 120.00 Walton Community Center 11090 Ridqe Avenue $ 20.00 $ 240.00 Recreation Office 1302 Virqinia Avenue $ 15.00 $ 180.00 Garden House 414 E. Seaway Drive $ 15.00 $ 180.00 UDT Museum 3300 N. A1A $ 10.00 $ 120.00 Historical Museum 414 E. Seaway Drive $ 10.00 $ 120.00 Community Center 600 N. Indian River Drive $ 25.00 $ 300.00 South County Annex 250 NW Country Club Drive $ 35.00 $ 420.00 Administration Complex 2300 Virqinia Avenue $ 65,00 $ 780.00 State Attorney 411 S. 2nd Street $ 40.00 $ 480.00 Office Space 415 S. 2nd Street $ 10.00 $ 120.00 Office Space 217 S. 2nd Street $ 15,00 $ 180.00 Public Defender 200 S. 2nd Street $ 25.00 $ 300.00 Courthouse Addition 218 Indian River Drive $ 50.00 $ 600.00 Emerç¡ency OP Center 1 01 Rock Road $ 10.00 $ 120.00 Rock Road Jail 900 Rock Road $ 110.00 $ 1,320.00 Fairwinds Golf 4400 Fairwinds Drive $ 10,00 $ 120.00 .. '-' ..., C02-04-399 AMENDED BID FORM - FIFTH AMENDMENT Bid No. 02-054 Pest Control Services MONTHL Y BUILDING ADDRESS COST YEARL Y COST Sheriff's Office 4700 Midway Road $ 40.00 $ 480,00 Pumpinq Station 3251 N. A1A $ 10.00 $ 120.00 Road Department 3071 Oleander Ave, $ 30.00 $ 360.00 Civic Center 2300 Virqinia Avenue $ 45.00 $ 540.00 Hurricane House 8400 Picos Road $ 13.00 $ 156.00 Environmental Center 5400 S1. James Drive $ 13.00 $ 156.00 South Hutchinson WWTP 7601 S. Ocean Drive $ 15.00 $ 180.00 SLC Maintenance Buidilnq 15601 W. Midway Road $ 20.00 $ 240.00 Concession Buildinq 15601 W. Midway Road $ 35.00 $ 420.00 Fairqrounds Office 15601 W. Midway Road $ 20.00 $ 240,00 Exhibit Hall Building 1 15601 W. Midway Road $ 25.00 $ 300.00 Exhibit Hall Buildinq 2 15601 W. Midway Road $ 25.00 $ 300.00 Exhibit Hall Buildinq 3 15601 W. Midway Road $ 25.00 $ 300.00 Supervisor of Elections - Oranqe Blossom Mall 4300 Okeechobee Road $ 50.00 $ 600.00 Clerk of Courts - Orange Blossom Mall 4300 Okeechobee Road $ 50,00 $ 600,00 Walton Road Annex 1664 SE Walton Road $ 15.00 $ 180.00 TOTAL $ 1,172.00 $ 14,064.00 2 \:' BOARD OF COUNTY COMMISSIONERS .....,¡ PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director ~ f From: Date: February 2, 2005 Re: Fifth Amendment to Contract No. C02-04-399 with The Terminix International Company *********************************************************************************************************** BACKGROUND: On April 23, 2002 the Board of County Commissioners entered into a two-year contract with two one-year renewal options with The Terminix International Company for Pest Control Services. The first amendment was executed on August 13, 2002 to correct addresses on the bid and contract documents. The second amendment was executed on November 26, 2002 adding one additional facility (Airport Maintenance). The third amendment was executed on November 4, 2003 adding six additional buildings (Fairgrounds). The fourth amendment was executed on June 8, 2004 exercising the first of the two (2) one-year renewal options extending the terms of the agreement through May 9, 2005. JOSEPH E. SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-iucie.fl.us - '\ '\ ~. '-ffEM NO. C9B DATE: 02/08/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Second Extension to Contract No. C02-03-295 with Hennis Construction Co., Inc. BACKGROUND: See attached memo FUNDS AVAILABLE: Account #107-1940-546000-100- Building Maintenance PREVIOUS ACTION: On February 24, 2004 the Board of County Commissioners approved the first extension to the contract with Hennis Construction Co., Inc. RECOMMENDATION: Staff recommends approval of the second extension to contract C02-03-295 with Hennis Construction Co., Inc. and authorization for the Chairman to sign the extension as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: Coordi nation/SiQnatu res ~ LX APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney:(X) fL ~J M91.&B"d9'I(XI~ Other: Purchasing Mgr.:(X) &/F Originating Dept: Other: Finance: (Check for Copy only, if Applicable) - " ". . BOARD OF COUNTY COMMISSIONERS ....., PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director d f From: Date: February 2, 2005 Re: Second Extension to Contract No. C02-03-295 with Hennis Construction Co., Inc. *********************************************************************************************************** BACKGROUND: On February 19, 2002 the Board of County Commissioners entered into a two-year contract with two one-year renewal options with Hennis Construction Co., Inc. to provide Quarterly Maintenance of High Security Doors at the Rock Road Correctional Facility. On February 24, 2004 the Board of County Commissioners approved the first extension of the contract extending the terms of the contract through February 18, 2005. Staff is now requesting approval to exercise the second one-year option to extend the terms of the contract through and including February 18, 2006. JOSEPH E. SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-Iucie.fi.us " .' '-' ....., C02-02-295 SECOND EXTENSION OF CONTRACT BETWEEN ST. LUCIE COUNTY AND HENNIS CONSTRUCTION CO., INC. THIS SECOND EXTENSION, 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 HENNIS CONSTRUCTION CO., INC. or his, its or their successors, executors, administrators, and assigns, (the "Contractor"). WHEREAS, on February 19, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide Quarterly Maintenance of High Security Doors at the Rock Road Correctional Facility for an initial term until February 18, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on February 24, 2004 the County executed the first extension of the contract and extend the term of the Contract through and including February 18, 2005. WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including February 18, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including February 18, 2006 on the same terms and conditions of the original contract. 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, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ,,' 1IIf"'~ ;' '-' WITNESSES: "'" C02-02-295 HENNIS CONSTRUCTION CO., INC. Authorized Representative Print Name: Title: 2 .... - , ~EM NO. C9C DATE: 02/08/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: First Extension to Contract C03-02-222 with Sims Wilkerson Engineering, Inc., Contract C03-02-225 with Culpepper & Terpening, Inc., Contract C03-02-235 with Hazen & Sawyer, P.C., Contract C03-02-269 with Kimley-Horn and Associates, Inc., and Contract C03-02-244 with Keith and Schnars, P.A. for Engineering Services. BACKGROUND: See attached memorandum FUNDS AVAILABLE: Various departments "Other Contractual Services" Account No. 534000 PREVIOUS ACTION: On February 25, 2003 the Board of County Commissioners awarded the Engineering Services agreement to the five (5) firms. RECOMMENDATION: Staff recommends approval of the first extension to Contract C03-02-222 with Sims Wilkerson Engineering, Inc., Contract C03-02-225 with Culpepper & Terpening, Inc., Contract C03-02-235 with Hazen & Sawyer, P.C., Contract C03-02-269 with Kimley-Horn and Associates, Inc., and Contract C03-02-244 with Keith and Schnars, P.A. for Engineering Services and authorization for the Chairman to sign the extensions as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: Coordination/Siqnatures fv, [1G APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent County Attorney:(X) yo,,! , Î'1 '- . \' ..(\ '.J "-J . Mgt. & Budget: ¡Lift M 'fV\L) Originating Dept:: Other: Purchasing Mgr,:(X) C:/,P =. II Other: Finance: (Check for Copy only, if Applicable) BOARD OF COUNTY COMMISSIONERS -.....I PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director ~\ ~ From: Date: February 2, 2005 Re: First Extension to Contract C03-02-222 with Sims Wilkerson Engineering, Inc., Contract C03-02-225 with Culpepper & Terpening, Inc., Contract C03-02-235 with Hazen & Sawyer, P.C., Contract C03-02-269 with Kimley-Horn and Associates, Inc., and Contract C03-02-244 with Keith and Schnars, P.A. for Engineering Services *********************************************************************************************************** BACKGROUND: On January 8, 2003 RFP #03-013 was opened for Engineering Services. Eight hundred and thirty-seven (837) vendors were notified, one hundred and thirteen (113) bid documents were distributed and twenty-one (21) responses were received. Central Services Department wishes to enter in continuing professional engineering services contract with the top five rank firms. A selection committee evaluated the twenty-one firms that responded to the RFP and recommend the top five firms. St. Lucie County entered into a three (3) year agreement with each of the five (5) firms with the possibility of two (2) one-year renewal period options. JOSEPH E. SMITH. District NO.1. DOUG COWARD, District NO.2. PAULA A LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-lucie.fLus - -- .. - -- "-' ...." C03-02-222 FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS FIRST EXTENSION, 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 SIMS WILKERSON ENGINEERING, INC. (the "Engineer") . WHEREAS, on February 25, 2003, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until February 24, 2005 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including February 24, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including February 24, 2006 on the same terms and conditions including but not limited to the Engineer's fees. 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, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 '-" WITNESSES: - ....,I C03-02-222 SIMS WILKERSON ENGINEERING, INC. Print Name: Title: 2 ... '-' '-" C03-02-269 FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS FIRST EXTENSION, 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 KIMLEY-HORN AND ASSOCIATES, INC. (the "Engineer") . WHEREAS, on February 25, 2003, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until February 24, 2005 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including February 24, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including February 24, 2006 on the same terms and conditions including but not limited to the Engineer's fees. 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, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 '-' WITNESSES: '-' C03-02-269 KIMLEY-HORN AND ASSOCIATES, INC. Print Name: Title: 2 '-' ..".¡ C03-02-244 FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS FIRST EXTENSION, 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 KEITH AND SCHNARS, P .A. (the "Engineer"). WHEREAS, on February 25, 2003, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until February 24, 2005 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including February 24, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including February 24, 2006 on the same terms and conditions including but not limited to the Engineer's fees. 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, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 -- '-' WITNESSES: ., KEITH AND SCHNARS, P.A. C03-02-244 Print Name: Title: 2 -- '-' ~ C03-02-235 FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS FIRST EXTENSION, 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 HAZEN AND SAWYER, P.C. (the "Engineer"). WHEREAS, on February 25, 2003, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until February 24, 2005 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including February 24, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including February 24, 2006 on the same terms and conditions including but not limited to the Engineer's fees. 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, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 '-' WITNESSES: ....,,; HAZEN AND SAWYER, P.C. C03-02-235 Print Name: Title: 2 '-' """"" C03-02-225 FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS FIRST EXTENSION, 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 CULPEPPER & TERPENING, INC. (the "Engineer"). WHEREAS, on February 25, 2003, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until February 24, 2005 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including February 24, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including February 24, 2006 on the same terms and conditions including but not limited to the Engineer's fees. 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, FLORIDA BY: DEPUTY CLERK CHAI RMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ~ WITNESSES: ....., C03-02-225 CULPEPPER & TERPENING, INC. Print Name: Title: 2 ---- "... \y "-frEM NO. C9D DATE: 2/8/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Award of RFP #05-017 - Processing/Recycling Services for Yard Waste BACKGROUND: See Attached memo FUNDS AVAILABLE: Account: 401-3410-534000-3901 - Other Contracted Services - Yard Waste PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of award of RFP #05-017 - Processing/Recycling Services for Yard Waste to the top ranked firm, Thelin Recycling at a cost of $16.97 per ton, and permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (]f APPROVED ( ) OTHER ( ) DENIED Approved 4-0 Frannie Hutchinson Absent ~ TRATOR County Attorney ( ) Originating Dept. ( ) <:;h, /¿), 1/ Mgt. & Budget ( ) Other ( ) Purchasing (X) 4;1 Other ( ) finance: (check for copy, only if applicable)_ \...~ BOARD OF COUNTY '-' COMMISSIONERS ~ -.'. (.:- "~-:::~}J:';:'~~) «::.,,;; >ç;:-~ ',,:~ ¥ ~ "~ . 'wJ PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director Q f From: Date: January 28, 2005 Re: Award of RFP #05-017 - Processing/Recycling Services for Yard Waste *********************************************************************************************************** BACKGROUND: On January 12, 2005 proposals were opened for RFP #05-17,Processing/Recycling Services for Yard Waste. Four hundred sixty-five (465) vendors were notified, twenty-three (23) documents were distributed, and five (5) responses were received. A Selection Committee met on January 24, 2005 to review and rank the proposals. The committee ranks the proposals as follow: RankinQ 1. Thelin Recycling Company, L.P. 2. Earthwise Mulch, Inc 3. Belcorp Inc. 4. T.F.R. Enterprises, Inc 5. Consolidated Resources Recovery Points 496 460 412 397 390 RECOMMENDATION: Staff recommends approval to award RFP #05-017 - Processing/Recycling Services for Yard Waste to the top ranked firm, Thelin Recycling at a cost of $16.97 per ton, and permission for the Chairman to sign the contract as prepared by the County Attorney. JOSEPH E. SMITH, District No.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-lucieJLus ", - .......... -' ~ '-' PURCHASING DEPARTMENT ED PARKER, DIRECTOR BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFP #05-017 PROCESSING/RECYCLING SERVICES FOR YARD WASTE PW-SOLlD WASTE OPENED: JANUARY 12, 2005 THE FOLLOWING VENDORS RESPONDED TO THE RFP: PER TON PER TON VENDOR NO PLASTIC BAGS WITH PLASTIC BAGS BELCORP, INC. $ 19.94 $ 21.22 JACKSONVILLE, FL FAX: 904-268-7722 CONSOLIDATED RESOURCE RECOVERY $ 23.45 $ 23.45 SARASOTA, FL FAX: 941-751-6942 EARTHWISE MULCH, INC. $ 17.57 $ 17.98 STUART, FL FAX: 772-220-0100 T.F.R. ENTERPRISES, INC. $ 20.50 $ 20.50 LEANDER, TX FAX: 512-528-1942 - THELIN RECYCLING COMPANY, L.P. $ 16.97 $ 16.97 SOUTHLAKE, TX FAX: 817-421-0655 NUMBER OF COMPANIES NOTIFIED*: 465 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 23 NUMBER OF BIDS RECEIVED: 5 *per demandstar.com JOSEPH E. SMITH. District NO.1 + DOUG COWARD. District NO.2 + PAULA A. LEWIS, District NO.3 + FRANNIE HUTHINSON. District NO.4 + CHRIS CRAFT, District NO.5 County Administrator- Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-Iucie.fi.us .- / ". ." ~EM NO. C9E DATE: 02/08/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: First Extension to Contract C03-02-247 with Corzo, Castella, Carballo, et ai, Contract C03-02-257 with Jenkins & Charland, Inc. and Contract C03-02-245 with Williams, Hatfield and Stoner, Inc. for Structural Engineering Services. BACKGROUND: See attached memorandum FUNDS AVAilABLE: Various departments "Other Contractual Services" Account No. 534000 PREVIOUS ACTION: On February 25, 2003 the Board of County Commissioners awarded the Structural Engineering Services agreement to the three (3) firms. RECOMMENDATION: Staff recommends approval of the first extension to Contract C03-02-247 with Corzo, Castella, Carballo et ai, Contract C03-02-257 with Jenkins & Charland, Inc. and Contract C03-02-245 with Williams, Hatfield and Stoner, Inc. for Structural Engineering Services and authorization for the Chairman to sign the extensions as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent Coordi nation/Siqnatures .~ tor County Attorney:(X) ~...,. ~ L,':4 Mgt. & B"dgol: ~ II\~ Other: ,---,' /0 6ft'/:/ Purchasing Mgr.:(X) --7' / Originating Dept:: Other: Finance: (Check for Copy only, if Applicable) BOARD OF COUNTY COMMISSIONERS ...." PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director ~p Date: February 2, 2005 Re: First Extension to Contract C03-02-247 with Corzo, Castella, Carballo et ai, Contract C03-02-257 with Jenkins & Charland, Inc. and Contract C03-02-245 with Williams, Hatfield and Stoner, Inc. for Structural Engineering Services. *********************************************************************************************************** BACKGROUND: On January 8, 2003 RFP # 03-014 was 0 pened for Structural Engineering Services. Eleven hundred and three (1103) vendors were notified, thirty-eight (38) bid documents were distributed and eight (8) responses were received. Central Services Department wished to enter in continuing professional structural engineering services contract with the top three ranked firms. A selection committee evaluated the nine firms that responded to the RFP and recommend the top three firms. St. Lucie County entered into a three (3) year agreement with each of the three (3) firms with the possibility of two (2) one-year renewal period options. JOSEPH E. SMITH, District No.1. DOUG COWARD, District NO.2. PAULA A LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-Iucie.fl.us '-' ...." C03-02-245 FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS FIRST EXTENSION, 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 WILLIAMS, HATFIELD AND STONER, INC. (the "Engineer"). WHEREAS, on February 25, 2003, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until February 24, 2005 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including February 24, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including February 24, 2006 on the same terms and conditions including but not limited to the Engineer's fees. 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, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 - '-' WITNESSES: ...., C03-02-245 WILLIAMS, HATFIELD AND STONER, INC. Print Name: Title: 2 '-" 'wi C03-02-247 FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS FIRST EXTENSION, 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 CORZO CASTELLA CARBALLO THOMPSON SALMAN (the "Engineer"). WHEREAS, on February 25, 2003, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until February 24, 2005 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including February 24, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including February 24, 2006 on the same terms and conditions including but not limited to the Engineer's fees. 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, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 -- - - '-' WITNESSES: ~ C03-02-247 CORZO CASTELLA CARBALLO THOMPSON SALMAN Print Name: Title: 2 ,. '-' ....., C03-02-257 FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS FIRST EXTENSION, 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 JENKINS & CHARLAND, INC. (the "Engineer"). WHEREAS, on February 25, 2003, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until February 24, 2005 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including February 24, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including February 24, 2006 on the same terms and conditions including but not limited to the Engineer's fees. 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, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 - . . '-" WITNESSES: ....,¡ C03-02-257 JENKINS & CHARLAND, INC. Print Name: Title: 2 , / ~~ ~ ITEM NO. C- 9F DATE: 2/8/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker. Purchasinq Director SUBJECT: Permission to advertise a Request for Proposal (RFP) for Continuing Professional Engineering Services - Utilities Department BACKGROUND: See attached memo FUNDS AVAilABLE: NtA PREVIOUS ACTION: Nt A RECOMMENDATION: Staff recommends approval for permission to advertise a Request for Proposal (RFP) for Continuing Professional Engineering Services - Utilities Department. COMMISSION ACTION: CONCURRENCE: [~APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent ~ Coordination/Signatures -.. County Attorney: (X) '-/'1 . )<i ,- Mgt & Budget:(X) Purchasing Oir.: (X) ~f Originating Oept: Other: Other: Finance: (Check for Copy only, if Applicable) r ...." ." # '-" ...., BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director t~f> Date: January 28, 2005 Re: Permission to advertise a Request for Proposal (RFP) for Continuing Professional Engineering Services - Utilities Department ******************************************************************************************************** Background: The current Continuing Professional Engineering Services contract will expire on March 13, 2005. The Utilities Department has requested Staff to advertise an RFP to replace the existing Contract. Please see attached. JOSEPH E. SMITH. District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON. District NO.4. CHRIS CRAFT. District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-Iucie.fl.us --". -...." '-' Page 1 of 1 ....,.¡ Edward Parker - Engineering RFP From: To: Date: Subject: cc: Kaye Merritt Edward Parker 1/28/2005 1 :41 PM Engineering RFP J. Wayne Davis; Mike Bowers - .--.---.-.---.-....------ ._..._..__....._~---_._.__._.__.._---_._.._-_...~----~~_..._-_._--_..~..._-- --.-----.. .. Good afternoon. Utilities Engineering contracts expire as of 03/13/05. Please prepare an Engineering RFP modeled after the original RFP from March of 2000. Thank you file:IIC: \Documents%2 Oand %20Settings \Administrator\Local %2 OSettings \ Temp \G W} 000... 1/28/2005 ~' ~M NO. C-9G DATE: 2/8/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne ' BACKGROUND: See attached memorandum FUNDS AVAILABLE: Hurricane Frances Program #190026 - Various funds and organizations (emergency reserves to be reimbursed by FEMA) Hurricane Jeanne Program #1902 - Various funds and organizations (emergency reserves to be reimbursed by FEMA) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board: (1) Ratify the County Administrator's Order effective September 3, 2004 at 5:00 P.M. and September 24, 2004 at 9:00 A.M., (2) Approve the waiver of sealed bids as a result of the declared emergency, (3) Ratify the County Administrator's approval of the list of emergency purchases orders, and authorize the Chairman to sign contracts as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (~ APPROVED ( ) OTHER ( ) DENIED ~ ,.~.-,., County Attorney (X) t1./":'" Coord inatio n/S iq n atu res Purchasing (X) d¡J Other ( ) Approved 4-0 Frannie Hutchinson Absent Originating Dept. ( ) Mgt. & Budget ( ) Other ( ) finance: (check for copy, only if applicable)_ BOARD OF COUNTY COMMISSIONERS "'" PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director ej f From: Date: February 2, 2005 Re: Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances and Jeanne *********************************************************************************************************** BACKGROUND: Pursuant to Section 252.38, Florida Statutes (2003), political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. The Board has previously adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the County Public Safety Director to exercise certain emergency powers and authority during a local emergency. The impact of Hurricane Frances has placed St. Lucie County in a state of local emergency, exposing the citizens of the County to danger to life and property. As a result, on September 1,2004, at 4:00 P.M., the St. Lucie County Public Safety Director declared a state of local emergency with Hurricane Frances and September 24,2004, at 7:00 A.M., for Hurricane Jeanne. To date, these states of emergency have been extended until further notice. Effective September 3,2004, at 5:00 P.M., the St. Lucie County Administrator issued an order waiving purchasing procedures for certain emergency purchases. A copy of this order is attached. Pursuant to Section 5.5 of the County's Purchasing Manual, the Board has authorized the waiver of bids in an emergency. Attached to this memorandum is a list of emergency purchase orders related to Hurricanes Frances and Jeanne since last Board approval to date. Further background information and details on these purchases are available at the Purchasing Department. February 2, 2005 '-' ..., Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane Frances and Jeanne Page 2 RECOMMENDA TION/CONCLUSION: Staff recommends that the Board: (1) Ratify the County Administrator's Order effective September 3,2004 at 5:00 P.M. and September 24,2004 at 9:00 A.M.; (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders, and authorize the Chairman to sign contracts as prepared by the County Attorney. Respectfully submitted, fJu/þv Ed Parker Purchasing Director '-" ......, AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR' . . . WAIVING PURCHASING PROCEDURES FOR CERTAIN EMERGENCY PURCHASES (HURRICANE FRANCES) WHEREAS, the St, Lùcie County Administrator has made the fol/owin~, determinations: 1, . Pursuant. to Section 252)8, Florida Statutes, political subdivisions of the state have the power during' a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commjssioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County Administrà.tor and the St. Lucie County Public Safety Director to exercise ce.rtain emergency powers and authority during a local emergency, 3. The impact of Hurricane Frances has placed St. Lucie County in a stàte of emergency, exposing the c-itizens thereof to danger to life 'and property, 4. On September 1, 2004, at 4:00, p.m" the St, Lucie. County Public Safety Director declared a state of fücalemergency which state of emergency has been extended to September 29, 2004. 5, In order to respond to such emergency, upon this deClaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 (topy attached) for and on behalf of. the Board of. County Commissioners during the term of such local state of emergency, 6, Based on the recommendation of the Purchasing Director and on the advice 8f the Public Safety Director, the Public Works Director, local law enforcement officials, induding the S1. Luçie County Sheriff and the St, Lucie County Fire District Fire Chief, as a result of the effects of Hurricane Frances, there exist clear and present threats to life and public health and $afety as wen 2S a threat of significant damage to improved pubiic and private property necessitating the award of contracts for goods and services which cannot be delayed by the amount of time required to adhere to the County's standard purchasing procedures. '-' ..." NOW, THEREFORE, I am issuing the following Order: . 1.' Effective September 3, 20.0.4 at 5:0.0. p,m., the Purchasing Director is directed to waÎve the provisions of St. Lucie County Purchasing Manual for those purchases of goods and )mproved public and private prûpèrty which cannot be de¡aY~d by the amount of ti'me required services necessary to remove an immediate threat to human life, public healt.h, and safety, an~ Administrator and subsequent ratjfication by the Board of County Commissioners, to obtain competitive bidding, Such purchases shalJ require the written approvaI' of the County the Circuit Court and delivered to the appropriate news media for publication and radio arid' 2. . This Order shall, as' promptly as practicable, be fjled in the offj~e of the Clerk of television broadcast thereof. . 10lJ<1 Sign~d thi$ ~ day of SeptembE:r, 20.0.4, at "-,m, '-' ..."", AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR WAIVING PURCHASING PROCEDURES FOR CERTAIN EMERGENCY PURCHASES (HURRICANE JEANNE) WHEREAS, the St. Lucie County Administrator has made the following determinations: 1 . Pursuant to Section 252.38, Florida Statutes, political subdivisions--of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County' Administrator and the. St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The impact of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. On September 24, 2004, at 7:00, a.m., the St. Lucie County Public Safety Director declared a state of local emergency which state of emergency has been extended to October 7, 2004. 5. In orç!er to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 (copy attached) for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Based on the recommendation of the Purchasing Director and on the advice of the Public Safety Director, the Public Works Director, local law enforcement officials, -including the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief, as a result of the effects of Hurricane Jeanne, there exist clear and present threats to life and public health and safety as we!', as a threat of significant damage to improved public and. private property necessitating the award of contracts for goods and services which cannot be delayed by the amount of time required to adhere to the County's standard purchasing procedures. . ~ 'wII NOW, THEREFORE, I am issuing the following Order: 1. Effective September 24, 2004 at 5:00 p.m., the Purchasing Director is directed to waive the provisions of St. Lucie County Purchasing Manual for those purchases of goods and services necessary to remove an immediate' threat to human life, public health and safety, and improved public and private property which cannot be delayed by the amount of time required to obtain competitive bidding. Such purchases shall require the written approval of the County Administrator and subsequent ratification by the Board of County Commissioners. 2. This Order shall, as promptly as practicable, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news fTledia for publication and radio and television broadcast thereof. Signed thi~ day of September, 2004,at~Æ-.. -- . Andersõn Coun Administrator St. Lucie County BOARD OF COUNTY COMMISSIONERS ~ "'" PURCHASING DEPARTMENT ED PARKER, DIRECTOR EMERGENCY PURCHASES FOR HURRICANE FRANCES 2/2/05 PAGE 1 P.O. # DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT TEMP. ROOF-CIVIC ENTER - TO B,O.C.C.1/25/05 - FOR STATISTICAL P2511639 CENTRAL SERVICES PROPERTY SOLUTIONS PURPOSES ONL Y 152,900.00 LABOR/MATERIAL-NEW LIGHTING, REPAIR/REPLACE CONDUITS AND JUNCTION BOXES-HURSTON P2511368 CENTRAL SERVICES MATULA ELECTRIC BRANCH LIBRARY 6,000.00 REPLACE SHUTTER-TRIBUNE P2511701 CENTRAL SERVICES COASTAL SHUTTERS BLDG. (HEAL THY KIDS) 1,280.00 160,180.00 INCREASE P.O. TO COVER ADDITIONAL FACILITIES, OLD P2510092 HUMAN RESOURCES EE&G ASBESTOS SURVEY COURTHOUSE & CIVIC CENTER 280,168.69 CLEANING EQUIP/SUPPLlES- P2511581 HUMAN RESOURCES LVI ENVIRONMENTAL SERVICES LANDFILL 718.95 REMEDIA TION- TRADITION P2511693 HUMAN RESOURCES LVI ENVIRONMENTAL SERVICES STADIUM 214,544.70 EMERGENCY CLEAN UP - VARIOUS P2511695 HUMAN RESOURCES EE&G ASBESTOS SURVEY LOCATIONS 83,634.42 OFFICE EQUIPMENT - METS P2511697 HUMAN RESOURCES AFFORDABLE OFFICE SUPPLY OFFICE, ETC. 2,076.11 581,142.87 REPLACE VOLTAGE REGULATOR & P2511619 PUBLIC SAFETY POWER PRO TRANSFORMER 1,525.58 1,525.58 SCREEN~.HUTCH.ISL P2511569 UTILITIES FILTER ONE USA, LLC WASTEWATER TREAT. PLANT 32,199,70 P2511593 UTILITIES CHOICE ENVIRONMENTAL PORTABLE TOILETS-NETTLES ISL. 816.06 DEBRIS REMOVED FROM HOLIDAY PINES WATER TREATMENT PLANT P2511624 UTILITIES G&R LAND DEVL DAMAGES 8,500.00 REPAIR/REPLACE FENCE-S. HUTCH. ISL WWTP, ATLANTIS & BEACH CLUB COLONY P2511696 UTILITIES ADRON FENCE LlFTSTATION 11,438.00 REPLACE FENCE-N. UTCH. ISL. WWTP AND VARIOUS LIFT P2511703 UTILITIES ADRON FENCE STATIONS 3,422,00 56,375.76 PURCHASE ORDERS - FRANCES 799,224.21 799,224.21 BOARD OF COUNTY COMMISSIONERS '-' ...." PURCHASING DEPARTMENT ED PARKER, DIRECTOR EMERGENCY PURCHASES FOR HURRICANE JEANNE PAGE 2 - 2/2/2005 P.O. # DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT REPAIR DOOR IN US CUSTOMS P2511704 AIRPORT CRISLIP GLASS BLOG 190.00 190.00 HOLDING TANK #637 & 623 (10/13/04) AND #639 (10/29/04) FOR P2511546 CENTRAL SERVICES AMERICAN PORT. TOILETS MOBILE OFFICES 3,857,00 REPLACE SHUTTERS - 10M, P2511700 CENTRAL SERVICES COASTAL SHUTTERS WATERS BLDG. 1,182,00 5,039.00 INCREASE P.O. TO COVER ADD'L. P2511030 PARKS & REC, ACCURATE TENNIS EXPENSES 2,007.30 INCREASE TO COVER ADDITIONAL P2511428 PARKS & REC. MUSCO SPORTS LIGHTING DAMAGE-NORTHSIDE PARK 14,200,00 ADD'L. COPIES FOR FEMA-CIVIC CENTER LOCATION - (RENTAL FEE $75.00 FROM P2510426) 11/30/04 P2511547 PARKS & REC. TOSHIBA BUS, SOLUTIONS THRU 1/30/05 3,000.00 PORT-O-LETS - 9/27 THRU 10/24/04 _ P2511643 PARKS & REC. ABEL SANITATION, INC, FAIRGROUNDS - FEMA WORKERS 4,752.00 INCREASE TO COVER PURCHASE P2511205 PARKS & REC. L.E,B. DEMOLITION ORDERS - FT. PIERCE COMM. CTR. 1,500.00 REPAIR/REPLACE FENCING- P2511694 PARKS & REC. ACCURATE TENNIS LAWNWOOD SPORTS COMPLES 25,380.00 COOLERS, DRINKING WATER- P2511698 PARKS & REC. GREAT LAKES GOLF COURSE FAIRWINDS 4,440.00 BODY WORK-FORD F250, PR#40- P2511702 PARKS & REC, JOHNSON CHRY-PL YM 7033 EW'S TRUCK 798.10 56,077.40 REPLACE FLOORING P2511623 PUBLIC SAFETY FLORIDA BUSINESS INTERIORS HALLWAY/FOYERS AT EOC 13,056.00 13,056.00 400 FT - 18" PIPE VERADA DITCH _ P2511562 PW-ROAD & BRIDGE METAL CULVERTS NARANJA 126,200.00 TRAFFIC SIGNS & POSTS PER P2511563 PW-ROAD & BRIDGE UNIVERSAL SIGN CO. QUOTE DATED 1/11/2004 37,162.50 163,362.50 PURCHASE ORDERS - JEANNE 237,724.90 237,724,90 ~ ....., BOARD OF COUNTY COMMISSIONERS FRANCES JEANNE TOTAL TO BOARD: 2/8/05 799,224.21 237,724.90 1,036,949.11 TO BOARD: 10/05/04 - PO'S· FRANCES TO BOARD: 10/05/04 - CREDIT CARD STATEMENT - FRANCES TO BOARD: 10/12/04· PO'S - FRANCES TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 10/26/04 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 11/02/04 - PO'S. - FRANCES TO BOARD: 11/09/04· PO'S - FRANCES TO BOARD: 11/15/04 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 11/23/04 - PO'S - FRANCES TO BOARD: 12/7/04 - PO'S· FRANCES TO BOARD: 12/14/04· PO'S - FRANCES TO BOARD: 12/21/04 - PO'S - FRANCES TO BOARD: 1/11/05 - PO'S - FRANCES TO BOARD: 1/25/05 - PO'S - FRANCES TO BOARD: 2/8/05 - PO'S - FRANCES 24,870,890.27 188,462.70 877,545.68 942,831.71 125,799.29 125,619,99 8,177,287.88 3,190,311.52 169,414.35 70,620.13 292,007.84 72,365.75 258,477.26 3,609,460.51 799,224.21 TOTAL FRANCES TO DATE: 43,770,319.09 TO BOARD: 10/12/04 - PO'S - JEANNE TO BOARD: 10/19/04 - PO·S & CREDIT CARD PURCH.. JEANNE TO BOARD: 10/26/04· PO·S & CREDIT CARD PURCH. - JEANNE TO BOARD: 11/02/04 - PO'S . JEANNE TO BOARD: 11/09/04· PO'S . JEANNE TO BOARD: 11/15/04· PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 11/23/04· PO'S - JEANNE TO BOARD: 12/7/04 - PO'S· JEANNE TO BOARD: 12/14/04 - PO'S - JEANNE TO BOARD: 12/21/04 - PO'S - JEANNE TO BOARD: 1/11/05 - PO'S - JEANNE TO BOARD: 1/25/05 - PO'S· JEANNE TO BOARD: 2/8/05 - PO'S - JEANNE 548,078.39 252,234.83 497,017.14 9,750.80 223,951.36 87,753.77 80,811.77 29,679,672.96 67,671.17 3,240,00 568,551.65 4,658,464.12 237,724.90 TOTAL JEANNE TO DATE: 36,914,922.86 TOTAL HURRICANE EXPENSES TO DATE: 80,685,241.95 PURCHASING DEPARTMENT ED PARKER, DIRECTOR , , y '-' ....", ITEM NO. C-9H DATE: 2/8/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and Piggyback Martin County School Board Bid No. MCSOO-1 028-JK for the purchase of one 125-ton Trane Chiller and to solicit quotes for an outside contractor to install it at the Sheriff's Administration Building. BACKGROUND: (See Attached Memo) FUNDS AVAILABLE: 316-1931-546200-150048 - MAINTENANCE IMPROVEMENT PROJECTS PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the waiver of the bid process and permission to piggyback Martin County School District Bid No. MCSOO-1028-JK for the purchase of one 125-ton Trane Chiller with The Trane Company, a division of American Standard Inc. for $48,381.00. Also, to solicit quotes for an outside contractor to install it at the Sheriff's Administration Building. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) OTHER ( ) DENIED Coord ination/S iQ natures 'M Approved 4-0 Frannie Hutchinson Absent TOR County Attorney (X) /1 ~:,~,.,~,. '<' j..r Mgt. & Budget (X) 1-~~ Other ( ) ~ Purchasing (X) 6// ì:!i Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ \.-r '-' "wfII BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners ldf From: Ed Parker, Purchasing Director Date: February 1,2005 Re: Bid Waiver and Piggyback Martin County School District Bid No. MCSOO-1028-JK for the purchase of one 125-ton Trane Chiller. **************************************************************************************************** Background: On July 7,2004 Martin County School District Bid No. MCSOO-1028-JK was extended by the Martin County School Board Members. In accordance with Section 5.7 County Purchasing Manual, the Central Services Department AlC Division Staff requests a waiver of the bid process and approval to piggyback with The Trane Company, a division of American Standard Inc., for $48,381.00. Also, to solicit quotes for an outside contractor to install it at the Sheriff's Administration Building. JOSEPH E. SMITH, District NO.1 + DOUG COWARD, District NO.2 + PAULA A LEWIS, District NO.3 + FRANNIE HUTHINSON. District NO.4 + CHRIS CRAFT. District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-Iucie.fl.us ~. '-" ...., MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: FROM: Ed Parker, Purchasing Director Robert Ettswold, AlC Maintenance Superintendent ~V- DATE: February 1, 2005 SUBJECT: Purchase of Trane Chiller **************************************************************************************************** The Central Services AlC Department is planning to purchase a 125 ton Trane chiller and to hire an outside contractor to install it at the Sheriff's Administration Building. The capitol budget approved by the BOCC for this project is $100,000.00. The AlC Department requests that the bid process be waved, and that we piggyback off of the Martin County Bid #MCSOO-1028.JK for the dollar amount of $48,381.00. . \. " . / ~ f' ....., ITEM NO. C- 91 DATE: 2/8/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker, Purchasinq Director SUBJECT: Cancel contract#C04-10-474 Long Line Mowing Contract with Greenscapes Inc. and permission to advertise an Invitation for Bid (IFB) with revised specifications. BACKGROUND: Please see attached memo. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends approval to cancel contract #C04-1 0-474 Long Line Mowing Contract with Greenscapes Inc. and permission to advertise an Invitation for Bid (IFB) with revised specifications. COMMISSION ACTION: CONCURRENCE: lXJ APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent k or Coordination/Signatures County Attorney: (X) ,"..... ;'1 f~·~ Mgt. & Budget:(X) Purchasing Oir.: (X) d,¡ó' Originating Oept: Other: Other: Finance: (Check for Copy only, if Applicable) '. BOARD OF COUNTY COMMISSIONERS """ PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director 6-e! f From: Date: February 2, 2005 Re: Cancel contract #C04-1 0-474 Long Line Mowing Contract with Greenscapes Inc. *********************************************************************************************************** BACKGROUND: Public Works Department, Road & Bridge Division received a letter from Greenscapes Inc. requesting the termination of the abovementioned contract (See attached letter). Staff recommends approval to cancel contract #C04-1 0-474 Long Line Mowing Contract with Greenscapes Inc. and permission to advertise an Invitation for Bid (IFB) with revised specifications. JOSEPH E. SMITH, District NO.1 · DOUG COWARD. District No.2. PAULA A LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-Iucie.ft.us ~ '-' ....., GREENSCAPES INC., OF SOUTH FL 6173 NW DUKE CIR. PORT ST. LUCIE, FL 34983 772-344-1300 RECEIVED I FES 0 1 2005 I " L.UOIII QOuHTY AOotoD . MoaB REF : LONG LINE MOWING CONTRACT ST. LUCIE COUNTY GreenScapes Inc" of South Florida, regrets to inform you that we wish to terminate the above contract immediately, due to the unanticipated acreage and variances in quantities not common to industry standards( most contracts include measured quantities), These tàctors made the scope of work much larger than initially estimated. Also not anticipated was the devastation left on the county right of ways to be attended to by the contractor without any additional compensation., This proved to be extremely costly in labor and associated dump fees. GreenScapes Inc., has historically done well in maintaining right of ways forSt. Lucie County, but for these unanticipated reasons cannot provide the services expected of us in a profitable manner due to contract unknowns ( i.e. acres and quantities for large, small, intermediate, litter, slope, etc. ) GreenScapes Tnc" hopes to work with St. Lucie County in the future under better circumstances and guidelines. ~~ COY-IO-Lf71j ;ERespectfu. 11 , .¿1~ . . ·Owens President, GreenScapes lnc" of South FI r-) ,~ .,--~ \-=4 i 1"-,.."' "'-"'J -- r:-? -..¡ · .~ '-' "w1I Page 1 of 1 Edward Parker - LongLine Mowing Contract #C04-10-474 From: To: Date: Subject: Dewey Hudman Edward Parker 2/2/2005 10:50 AM LongLine Mowing Contract #C04-1O-474 -.. . "'-- -_._-^--.' ..-^".-.'--.--'.--'--.---..-., '_'_-.-,". '----'-'- -~-.----,-..--+_.--... ._.... ..____·'·..._.__.v______.._._.. Hi Ed, We received a letter from Greenscapes Inc yesterday asking to terminate their contract. I need you to make an agenda to cancel the contract and to give permission to rebid. Buddy will check with the next low bidder, Dunn's Tractor, to see if they are still interested at their bid. The cost jumps from $27,321.00 to $39,050.00 per cycle though. This is pretty high. I mailed a copy of the letter this morning to you. You should see it after lunch. Thanks. Dewey Hudman Asst. Road & Bridge Mgr. 772-462-2802 file:/ /C:\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 0000... 2/2/2005 -",-- '-' ~ AGENDA REQUEST ITEM NO. 10 DATE: Feb. 8, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGERA SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: AMENDMENT NO.1 TO WORK AUTHORIZATION NO. 7/CONTRACT NO. C03-02- 222/SIMS WILKERSON ENGINEERING, FOR CIVIL ENGINEERING SERVICES AND SURVEY FOR LOCATION OF CHILLER PLANT AT ADMINISTRATION COMPLEX (CIVIC CENTER, ADMINISTRATION, AND ROGER POITRAS BUILDING) BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1931-546200-1536 (Administration Building Maintenance Project) PREVIOUS ACTION: On December 7,2004, Item No. c-12b, the Board of County Commissioners approved Work Authorization # 7, #C03-02-222/Sims Wilkerson Engineering, for replacement of ale systems at Administration Complex. RECOMMENDATION: Staff recommends the Board of County Commissioners approve using IFF funds in the amount of $30,000.00 for Sims Wilkerson Engineering, through Amendment No.1, to Work Authorization No.7, to provide the services of a subconsultant for Civil Engineering and Survey for the Administration Complex and authorize the Chair to sign this Amendment No.1 as prepared by the Attorney. MISSION ACTION: []I. APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent M County Attorney: Originating Dept(§?uJÝ Finance: (Check for Copy only, if Applicable) Jf/ Mgt. & Budget: Purchasing Mgr.: Other: Other: Eff, 1/97 H:\AGENDA\AGENDA-1S ENGINEER-CIVIC CENTER CHILLER,DOC " '-' ...." '.. MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS Roger A. Shinn, Directo~ FROM: DATE: February 8, 2005 SUBJECT: AMENDMENT NO.1 TO WORK AUTHORIZATION NO. 7/CONTRACT NO. C03-02-222/SIMS WILKERSON ENGINEERING, FOR CNIL ENGINEERING SERVICES AND SURVEY FOR LOCATION OF CHILLER PLANT AT ADMINISTRATION COMPLEX (CNIC CENTER, ADMINISTRATION, AND ROGER POITRAS BUILDING) ............................................................................... BACKGROUND: The goal for the Administration Complex is total conversion to chilled water capacity, generating improved humidity control and energy efficiency throughout. To further accomplish this goal, staff has recently completed the following: . On December ¡th, 2004 the Board of County Commissioners approved Work Authorization No.7, #C03-02-222/Sims Wilkerson Engineering, for replacement of a/c systems at the Administration Complex (Civic Center, Administration, and Roger Poitras Building). . On December 14th, 2004 the Board of County Commissioners approved the location of the chiller plant at the Administration Complex (Civic Center, Administration, and Roger Poitras Building). Additional professional services are required for this project that include permitting. IFF funds in the amount of $30,000.00 are available and staff is seeking approval to use these funds for Sims Wilkerson Engineering, through Amendment No.1 to Work Auth. No.7, to provide the services of a subconsultant for Civil Engineering and Survey at a cost of $26,700.00. (Please see attached proposal) RECOMMENDATION: Staff recommends the Board of County Commissioners approve using IFF funds in the amount of $30,000.00 for Sims Wilkerson Engineering, through Amendment No.1, to Work Authorization No.7, to provide the services of a subconsultant for Civil Engineering and Survey for the Administration Complex and authorize the Chair to sign this Amendment No.1 as prepared by the Attorney. '-" ~ AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this03rd day of January 2005 by and between BENTLEY ARCHITECTS + ENGINEERS, INC. (Design Professional) and the CLIENT identified herein is for the Professional Services described under Item 2 of this AGREEMENT. CLIENT Gary Wilkerson, P.E. Sims Wilkerson Engineering, Inc. Is CLIENT Fee Owner of Project Property? Yes No X N/A Address: 1555 Howell Branch Road Suite A-1 Winter Park, Florida 32789 Name/Address of Owner: SI. Lucie County BOCC 2300 Virginia Avenue Ft. Pierce, Florida 34982 6- Project Civil Engineering Services 51. Lucie County, Florida Does CLIENT Have Owner's Authority Yes X No N/A For These Services? Project Number: I. Legal Description of Project Site: Parcelld No.: 2416-504-o77ü-OOo-8, St. Lucie County Civic Center. 2. Description of Professional Services to be provided by the Design Professional and items to be provided by the CLIENT, Preparation of a Specific Purpose Site Plan, Utility Plan, Grading Plan, Detail Sheet, Plan Specifications and Drainage Calculations for that portion of the facility hatched on the affached sketch. The purpose of the site plans will be the construction of a 32' x 120' chiller tower slab and maintenance building. Our fees are based upon the receipt of a current Boundary, Topographic, Utility and Tree Survey in AutoCAD format. A certified copy of the survey will be required or our records. The described plans will be included under a separate cover sheet by others for submiffal to local review agencies. 3. The compensation to be paid the Design Professional for providing the requested services shall be as indicated below: --L Lump Sum Charge of $16.00000 See description of services above. --L Other: Professional services will be billed hourly, Hourly Rates: Principal: Project Engineer Designer: CAD Drafter: Clerical: $232,OO/hr $ 99.00/hr $ 66,OO/hr $ 59.00/hr $ 55,OO/hr Additional Services not included in the above scope and requested by the CLIENT will be based on a time charges/reimbursable expenses basis unless otherwise agreed to in writing. IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions above stated and the provisions set forth on the reverse side, CLIENT: Sims Wilkerson Engineering, Inc. SIGNED: TYPED NAME: TITLE: DATE: Bentley Architects + Engineers, Inc. SIGNED: TYPED NAME: William C. Bentley TITLE: President DATE: 01/03/2005 THE REVERSE SIDE CONTAINS THE TERMS AND CONDITIONS FOR THIS CONTRACT. '-" ...., Sims Wilkerson Engineering, Inc. MEMORANDUM January 28, 2005 To: Robert Ettswold Superintendent, Air-Conditioning Department St. Lucie County Central Services From: Gary A. Wilkerson, P.E. Reference: County Administration Complex SWE# 04085 Subject: Subconsultant Proposals for Civil Engineering and Survey Background 1) St. Lucie County (SLC) the Client, will engage Sims Wilkerson Engineering, Inc. (SWE) the Engineer, to provide professional engineering design services as outlined below. Scope of Work 1) Preparation of a Specific Purpose Site Plan, Utility Plan, Grading Plan, Detail Sheet, Plan Specifications and Drainage Calculations for that portion of the facility hatched on the attached sketch. The purpose of the site plans will be the construction of a 32' x 120' chiller tower slab and maintenance building. 2) Verification of abandonment of Tennessee Avenue and property ownership. Horizontal location of all above ground improvements within the limits shown. 3) Topographical spot elevations and contours within the limits shown. 4) Utility locates horizontal and vertical within the limits shown. 5) Finished floor elevations for all buildings. 6) Tree survey. 7) Construction documents are required for permit application and competitive biding. Scope of Services 1) Services as defined on subconsultant proposals attached. Basis of Compensation 1) For basic services as defined above: a) Bentley Architects + Engineers, Inc. (Civil) $16,000 b) Culpepper & Terpening, Inc. (Survey) $10,700 c) Total $26,700 2) Expenses for travel, long distance telephone, plotting, printing, shipping and delivery are included above. 1555 Howell Branch Road. Suite A-I. Winter Park, Florida 32789 · (407) 645-1566 · FAX (407) 645-2399 Jdll. IL. LVV') LJ; v')rlYI v V ~r r c ~ 01 I C ~ r C I~ ¡ I~ \J ..""" I~ u. 0 't 0 0 r . I ,j C1=~:;::~:~~,~: Consulting EngIneers . Land Surveyors 2980 South 251h Street· f"t. f'ierce, FL 34981 (772) 464-3537 . Fax (772) 464-9497 WWW.Ot-er'lg,CQn; S¡;:nder'g Email: mowen@ct~eng.com dweathtrí:n.gton@ct-enF!.com J attuary 12, 2005 rii.p AX 407-645-2399 Job No. PIW Mr. Gary Wilkerson, PE Sims Wilkerson Engineering; Inc. 1555 Howell Branch Road, Suite A-I Winter Park, Ft 32789 RECEIVED JAN"t,3 2005 RE: St. Lucie County Chiller Surveying Services SIM$ WI~KEASON ENGINEERING Dear Mr. Wilkerson: This proposal for Surveying Services is pursuant to your recent request. The 'fim1 of Culpepper & Terpening is pleased to present this proposal for preparing a Specific Purpose Survey & Topographic Survey as defmed in your sketch (attached). The price for the surveying and mapping efforts for this project wí1l be done with an approximate quote as follows: · Verification of abandonment of Tennessee Av. and property ownership (Contact County for any documentation of abandonment) " Horizontal location of all above ground improvements within the limits shown · Topographic spot elevations and contours within the limits shown . (Contour interval 1 ') · Utility locates horizontal and vertical (inCluding soft digs) within the limits shown · Finished Floor elevation of both building. · Project shall be relative to County accepted bench marks, (assumed elevations not permitted) · Tree survey Total T&E (+1- $200) $3,000 $3,000 T&E (+/- $400) $ 500 $ 800 ~.800 $10,100+ $600 +/- Sðft Digs cost is not included as part of this contract The boundary survey will be completed within 6-8 weeks ftom Notice to Proceed. A signed copy of this letter wi1l constitute a Notice to Proceed. G:\S.rv.y co_<;!.:noo\l'ropMoI.ISLC Civio Cent" SilYll Wilker,on,doc .·'f., ,lclll,IL, LVV') IJ,VlJrIYI "v~rrcl\ ()( I Cl\rCI¡¡11IJ "wII 11 u. O'tO 0 r. L January 12, 2005 Gary Wilkerson, PE St. Lucie County Civic Center Page 2 of2 Once agaìn, Culpepper & Terpening, Inc. would be pleased to provide the surveying services for the above-referenced project. If you have any questions, please do not hesitate to contact our office. Sincerely, Accepted this _ day of January, 2005 <' ichael T. Owen, PSM Vice President Surveying & Mapping Gary A. Wilkerson, PE Sims Wilkerson Engineering, Inc. MTO/djw G:lSwv.y Co"",poNkntoll'ropoœ.ISLC civic Cent... Sim< WiJkc¡to~,doc " i" '-' ...." AGENDA REQUEST ITEM NO: C-ll DA TE: February 8, 2005 Regular[ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COM'MISSIONERS PRESENTED BY: Beth Ryder, Direct~ SUBMITTED BY: Community Services SUBJECT: Approval of Budget Resolution No. 05-054 in the amount of $231,805.00 for the FY02/03 SHIP (State Housing Initiatives Partnership). BACKGROUND: See attached Memorandum No. 05-41 FUNDS AVAIL: 185003-5420-389902-500 Fund Balance Forward PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Budget Resolution No #05-054. COMMISSION ACTION: CONCURRENCE: Del APPROVED [] DENIED [ ] OTHER Coordination/Si2natures Management & Budget x ~ Purchasing: x Other: Other: Approved 4-0 Frannie Hutchinson Absent County Attorney: x I~ d'<' oJ"'" Originating Department: x Finance: x Check for copy only, if applicable \.,' '-' "'" COMMUNITY SERVICES MEMORANDUM #05-41 TO: Board of County Commissioners Beth Ryder, Directo~ FY 02103 SHIP funds FROM: SUBJECT: DATE: February 8,2005 During the Budget process estimated remaining SHIP (State Housing Initiatives Partnership) funds are carried forward to the next fiscal year. Community Services expected to expend all FY02l03 funds during FY03/04, so nò funds were carried forward to FY04/05. As a result of increases in the prices of homes and the hurricanes, our expectations were not met. Therefore the funds were not all expended, leaving a balance of $231,805 that should have been carried forward. At this time it is necessary to request approval of Budget Resolution 05-054 in order to expend these funds. STAFF RECOMMENDATION: Staff recommends approval of Budget Resolution No. 05-054. ~,~- '-' """" RESOLUTION NO. 05-054 WHEREAS, subsequent to the adoption of the budget for the St Lucie County Board of County Commissioners, the FY03 Housing Assistance SHIP program funds were not carried forward for FY05 budget in the amount of $231,553 and interest in the amount of $252 was not budgeted. 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 8th day of February, 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 185003-5420-389902-500 185003-5420-361100-500 Fund Balance Forward Interest $231,553 $252 APPROPRIA TIONS 185003-5420-549600-500 Housing Assistance-Discretion $231,805 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Paula A Lewis Commissioner Chris Craft Commissioner Joseph E. Smith xxx. xxx. xxx. XXX xxx. PASSED AND DULY ADOPTED THIS 8th DAY OF FEBRUARY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUES1~EM NO. C-121t DATE: FEBRUARY 8,2005 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Risk Management SUBJECT: Assignment of Contract BACKGROUND: Employers Mutual, Inc., (EMI) is the third party administrator for the St. Lucie County Employee Benefits Program. EMI has sold its employee benefits operation to Web-TPA, Inc., effective March 1,2005 and on that date Web- TPA will assume administrative operation of the SLC benefits program. The sale of EMl's benefits operations requires that the SLC contract with EMI be assigned to Web-TPA, Inc. FUNDS AVAilABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that BOCC sign "Consent to Assignment of Contract" declaration. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] OTHER: [] DENIED ~ Approved 4-0 Frannie Hutchinson Absent Review and APpr~s County Attorney: ,; Management & Budget: bill fY\~ Originating Dept: _ Other: Finance: (Check for Copy only, if applicable) purChaSing:~ Other: Effective: 5/96 '-' """" ",..,,- Consent to Assignment of Contract By signing below, St. Lucie County Board Of County Commissioners (the "Customer"), a party to that certain Administrative Agreement dated October 1, 2004 (the "Agreement") by and between Customer and Employers Mutual, Inc. ("EMI"), hereby consents to the assignment of the Agreement (and any related deposits and bank accounts) by EMI to Web-TPA, Inc. Customer acknowledges that Web-TPA, Inc. will assume all of EMI's rights and obligations under the Agreement (and any related deposits and bank accounts) to be performed, or that accrue, on and after the effective date of the assignment of the Agreement from EMI to Web- TP A, Inc. (the "Effective Date") and that EMI shall be relieved of all liabilities and obligations under or relating to the Agreement (and any related deposits and bank accounts) to the extent that they arise or accrue after the Effective Date. EMI will promptly notify Customer of the consummation, and effective date, of such assignment. This Consent is given upon the request of EMI and W eb- TP A in consideration of the continuation of services under the Agreement by W eb- TP A, and for ten dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Customer. This Consent is a material inducement for EMI and W eb- TP A, Inc. to effectuate an assignment and assumption of the Agreement, and for EMI to effectuate the sale of its assets to Web-TPA. IN WITNESS WHEREOF, Customer has executed this Consent as of the _ day of ,2005. By: Name: Title: SGRJAX\62532.1 ...... ,..' ....". , '-' ...., Consent to Assignment of Contract By signing below, St. Lucie County Board Of County Commissioners (the "Customer"), a party to that certain Administrative Agreement dated October 1, 2004 (the "Agreement") by and between Customer and Employers Mutual, Inc. ("EMI"), hereby consents to the assignment of the Agreement (and any related deposits and bank accounts) by EMI to Web-TPA, Inc. Customer acknowledges that Web-TPA, Inc. will assume all of EMI's rights and obligations under the Agreement (and any related deposits and bank accounts) to be performed, or that accrue, on and after the effective date of the assignment of the Agreement from EMI to Web- TP A, Inc. (the "Effective Date") and that EMI shall be relieved of all liabilities and obligations under or relating to the Agreement (and any related deposits and bank accounts) to the extent that they arise or accrue after the Effective Date. EMI will promptly notify Customer of the consummation, and effective date, of such assignment. This Consent is given upon the request of EMI and W eb- TP A in consideration of the continuation of services under the Agreement by W eb- TP A, and for ten dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Customer. This Consent is a material inducement for EMI and W eb- TP A, Inc. to effectuate an assignment and assumption of the Agreement, and for EMI to effectuate the sale of its assets to " Web-TPA. IN WITNESS WHEREOF, Customer has executed this Consent as of the day of ,2005. By: Name: Title: SGRJAX\62532.1 '-" '-' TO: AGENDA REQUEST ITEM NO. C-12B DATE: FEBRUARY 8, 2005 REGULAR 0 PUBLIC HEARING 0 CONSENT ADDITIONS (xxx) BOARD OF COUNTY COMMISSIONERS SUBMmED BY: HUMAN RESOURCES DEPARTMENT Presented by: Carl Holeva Human Resources Director SUBJECT: Reimbursement rates for meals and mileage BACKGROUND: Florida Statutes Section 112.061 has been amended by Section 112.061, Section 2, Chapter 2005-125 to authorize the governing bOdy of a county to establish travel reimbursement rates that exceed those rates set forth in Section 112.061 FUND AVAIL.: Funds are available in department budgets. PREVIOUS ACTION: Nj A RECOMMENTAITON: Staff recommends approval of Resolution #05-057 with an effective date of February 8, 2005. COMMISSION ACTION: ( ¥ APPROVED () DENIED () OTHER Approved 4-0 Frannie Hutchinson Absent CONCURRENCE: Review and Approvals County Attorney: Originating Dept: Finance: (check for copy only, if applicable) OMB: Purchasing: Other: .- '-' RESOLUTION NO. 05-057 "'" Section 112.061 Florida Statutes establishes per diem and travel expenses reimbursement rates for public officers, employees and authorized persons. Section 2, Chapter 2002-125 laws of Florida amended Section 112.061 Florida Statutes to authorize the governing body of the county to establish travel reimbursement rates that exceed those rates set forth in Section 112.061. The county established approximately 7 (seven) years ago the existing rates of: Proposed: 1. Breakfast $3.00 2. Lunch $6.00 3. Dinner $12.00 4. $.29 (twenty-nine cents) a mile for mileage 1. Breakfast $6.00 2. Lunch $9.00 3. Dinner $15.00 5. $.32 (thirty-two cents) a mile for mileage The purpose of this resolution is to provide for persons authorized to travel at the expense of the County. '-' ....,,¡ RESOLUTION NO. 05-057 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EST ABUSHING TRA VEL REIMBURSEMENT RATES FOR MEALS AND MILEAGE; PROVIDING FOR APPUCABIUTY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners has made the following determinations: 1. Section 112.061, Florida Statutes, establishes per diem and travel expenses reimbursement rates for public officers, employees and authorized persons. 2. Section 2, Chapter 2002-125, Laws of Florida, amended Section 112.061, Florida Statutes, to authorize the governing body of a county to establish travel reimbursement rates that exceed those rates set forth in Section 112.061. 3. This Board has determined that it is necessary and in the best interest of the County to provide for an increase in the reimbursement rates for meals and mileage. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida, as follows: A. As used herein, "County traveler" shall mean officers and employees of the Board of County Commissioners, St. Lucie County, Florida, and shall also include authorized travel by: 1. A person other than a public officer or employee who is authorized by the County Administrator or his designee to incur travel expenses in the performance of official duties for St. Lucie County. 2. A person called upon by the County to contribute time and services as a consultant or advisor, whether retained or as a volunteer. 3. A person who is a candidate for an executive or professional position for whom reimbursement is prior approved by the County Administrator. B. County travelers shall be allowed the following amounts for subsistence while on Class C travel on official business as provided in Section 112.061(5)(b), · . '-' ...", Florida Statutes: 1. Breakfast $6.00 2. Lunch $9.00 3. Dinner $15.00 C. When authorized to travel by privately owned vehicle for or in connection with County business, a County traveler shall be entitled to a mileage allowance at a fixed rate of thirty-two cents ($.32) per mile. D. Nothing provided in this resolution is intended to establish any authority for travel by any person. The purpose of this resolution is to provide for the rates established herein for those who are otherwise authorized to travel at the expense of the County. E. The rates provided herein shall take effect on February 8, 2005, and shall apply to all authorized travel on or after that date, including travel by a consultant or advisor who is currently under contract where such contract authorizes travel reimbursement at the rates provided in Section 112.061, Florida Statutes. 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 XX day of XX, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN '-' ....., APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 9: \atty\resoltn \2005 \05-057.wpd .... ... .. ,- \ ~. '-' ...., St. Lucie Cöunty INTERNATIONAL AGENDA REQUEST ITEM NO. C -13 DATE: February 8, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A) for $35,000 for Hurricane repairs at St. Lucie County International Airport BACKGROUND: In September and October of2004, the airport sustained significant damage ftom hurricanes Frances and Jeanne. As part of the continuing recovery effort, the airport has been trying to obtain hurricane repair grants ftom various agencies. In January, the airport obtained $195,000 (100% grant) ftom the Federal Aviation Administration (FAA) for the replacement of the Instrument Landing System (rr.s) at the airport. In January, the airport obtained $33,375 (100% grant) ftom the Florida Department of Transportation (FDOT) for the replacement of security fencing at the airport. This Joint Participation Agreement (JP A) ftom the FDOT provides $35,000, (80% grant) of$43,750 for repairs to the airport rotating beacon and the airfield's electrical signage. FUNDS AVAILABLE IN ACCT#: Matching funds of$8,750 are available in the Airport Project Reserve account (140-9910-599300-400). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chair to execute the JP A and Resolution 05-053 authorizing the Chair to sign the agreement, for Hurricane Damage Repairs at St. Lucie County International Airport. This FDOT grant provides for $35,000 ofthe $43,750 required for this project. COMMISSION ACTION: jQAPPROVED [ ]DENIED Approved 4-0 Frannie Hutchinson Absent [ ]OTHER: Reviews & Approvals ~ \.,\1\ / ^1\t\1I..l1- County AttorneY:~~R OMB~Purchasing Originating Dept: ". Other: . Other: Finance:(Check fì yn, if applicable) CONCURRENCE: ~ - '-' """" RESOLUTION NO. 05-053 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 418787-1-94-01) FOR HURRICANE DAMAGE REPAIR AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Hurricane Damage Repair at the St. Lucie County International Airport (Fin. Proj. No. 418787-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 418787-1-94-01) to provide funding for Hurricane Damage Repair at the St. Lucie County International Airport. 2. The Board hereby 'authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. ~ ""'" After motion and second, the vote on Resolution 05-053 was as follows: Chair Frannie Hutchinson XXX Vice-Chairman Doug Coward XXX Commissioner Joseph E. Smith XXX Commissioner Paula Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this _ day of A TIEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY 2 -- R~s. -Ft 05 -OS3 '-' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ......, PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION 06/03 Pa!e 1 of 12 Financial Project No.: 418787-1-94-01 (ilem-segment-phase-sequence) Fund: DS Function: 637 Contract No.: Federal No.: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF 596000835030 Catalog of State Financial Assistance Number: Catalog of Federal Domestic Assistance Number: J THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as Agency. WITNESSETH; WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Hurricane Damage Repair at St. Lucie County International Airport and as further described in Exhibit(s) A,B,&C . attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency 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. - '-' "'wI 2.00 Accomplishment of the Project 725-030-06 PUBLIC TRANSPORTATION 0.6103 PaRe 2 of 12 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, 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 Agency to enter into this . Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessaiy with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 43,750.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 35.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is ø is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is ø is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the fInal project audit. - '-"' ..,J 6.00 Project Budget and Payment Provisions: 725,030-06 PUBLIC TRANSPORTATION 06103 Page 3 of 12 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry oul the projecl and shall Incur obligations agalnsl and· make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess 'of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, Vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general. the Auditor General, or any other state official. -- '-' ...., 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-speèific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circulàr A-133, the cost of the audit must be paid from non-Federal funds. 725-030-06 PUBLIC TRANSPORTATION 06103 PaRe 4 of 12 The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State' Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from non-State funds. . The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the reqLiirements of Section 215.97, F.S. The Agency shall provide annual financial reporting package' of audits prepared in ac'cordance with Section 215.97, F.S" and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. \.of "w1I 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 725-030-06 PUBLIC TRANSPORTATION 06103 Pa¡¡e 5 of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd, Ft. Laud , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying thatthe appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: SUbject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the. eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.13 (1 ) (2) (3) 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. ~ .""""" 725-030-06 PUBLIC TRANSPORTATION 06103 Page 6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reaso'n, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action SUbsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptfy to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed;(2} furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of.a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and atter payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department jOint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. \..t' ...,¡ 725.()30-06 PUBLIC TRANSPORTATION 06103 PaRe 7 01 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. . . 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, 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 termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the . provisions of thé nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Çivil Rights Act of 1968, 42 use 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, arid the assurance by the Agency pursuant thereto. '-' '-' 725-030-06 PUBLIC TRANSPORTATION 06103 PaRe 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 DepartmentNot Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency.. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. · "-' ....,,¡ 725.030-06 PUBLIC TRANSPORTATION 06103 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support pUblic transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. PaRe 9 of 12 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18-, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations. and trial, if any. However, if only one party participates in the defense of the claim at tria', that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. '-' ....,¡ 725-030-06 PUBLIC TRANSPORTATION 06103 PaRe 10 of 12 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, . during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void; and no money may be paid on such contract The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which ~re for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 04/30/2007 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. '18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer Or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall' require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. \..r ""'" 725-030-06 PUBLIC TRANSPORTATION 06103 PaRe 11 of 12 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a)"A person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of apublic building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. '- ....,¡ 725-030-06 PUBLIC TRANSPORTATION 06/03 PaRe 12 of 12 Financial Project No. Contract No. 418787-1-94-01 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE Director of Transportation Development TITLE '-' ...",,¡ Fin. Proj. No.: 418787-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Hurricane Damage Repair SPECIAL CONSIDERATIONS BY AGENCY: . The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and speçifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: Agency agrees that Department funds provided under this Agreement are specifically for hurricane-related clean-up, repair, and replacement costs for Agency-owned facilities that have not been, nor will be reimbursed by any other source, including but not limited to, FEMA, FAA, and/or insurance. If the costs reimbursed hereunder by the Department are also reimbursed by some other source, then Agency shall refund any amounts paid hereunder by the Department for such costs. ~ ...",; Fin. Proj. No.: 418787-1-94-01 Contract No.: Agreement Date: EXHIBiT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement' between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners TOTAL PROJECT COST: $43.750 PARTICIPATION: Federal Participation: FAA, FT A, UMT A, etc. 0.00% $0 Agency Participation: In-Kind Cash 20.00% $8,750 Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) 80.00% $35,000 Federal Reimbursable (DU) (FRA) (DFT A) Local Reimbursable (DL) $0 TOTAL PROJECT COST: $43,750 '-' .""'" Fin. Proj. No: 418787-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and the St. Lucie County Board of County Commissioners A. General 1. Duration: The terms,coDditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items ìnsta!ie,j within a facility under a noise compatibility program project, but in any event not to exceed tv.:emy (2C) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 '-' ....., relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose andlor disapprove any attempted . change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment; revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the . Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 '-' ...., shall be entered in the JointAutomated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency ,«ill have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circÜmstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors. or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. c. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. Joint Participation Agreement (JPA) Exhibit C Page 3 '-' """". . 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain directcontrol of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a Joan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for Joint Participation Agreement (JPA) Exhibit C Page 4 '-' "wII reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F .S., prior to the completi(;>n of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency eqiJipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.- E. Aviation Construction Projects If this project involves construction,the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal,. state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and Joint Participation Agreement (JPA) Exhibit C Page 5 '-" 'WI schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life .of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried o\,Jt on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C . Page 6 p" - . ----- .~. '-' AGENDA REQUEST """ ITEM NO. 14-A DATE: Feb. 8, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: DEMOLITION/REMOVAL OF STEWART SAND MINE BUILDING BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 310002-7240-534000-76015 (Other Contractual Services) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the recommendation to obtain quotes, select the most qualified vendor and demolish and remove the Stewart Sand Mine building. MISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: ~ Approved 4-0 Frannie Hutchinson Absent Coordination/Signatures County Attorney: Originating Dept: «Kw '(~~~ ",,:1,.,;"9 Mg'.' ~ Other: ~. ------ Finance: (Check for Copy only, if Applicable) Eff, 1/97 H:\AGENDA\AGENDA-16 STEWART SAND MINE.DOC "';., ' 'w' """" MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: February 8, 2005 SUBJECT: DemolitionlRemoval of Stewart Sand Mine Building ****************************************************************************** BACKGROUND: On September 15,2003, Jenkins & Charland provided an analysis and report of findings regarding a site visit to the Stewart Sand Mine building that included: observations of existing structure and analysis of existing structure to determine its capacity to withstand wind loads required by the Florida Building Codes. In view of the fact that St. Lucie County encountered two hurricanes this past fall, staff, accompanied by an associate of Jenkins & Charland, felt it would be prudent to revisit the site and observe the condition of the building. After further review of the Stewart Sand Mine building, by staff and a structural engineer from the firm of Jenkins & Charland, it was determined that additional damage has occurred to the building that is not superficial. Due to the considerable increase in construction cost and updated codes between the time of the original report and now, it would not be practical to make repairs on this building. Our recommendation is to remove the structure completely including the slab. The existing septic system and well win be capped off and utilities will still be available for future use. Staff is seeking approval to obtain quotes, select the most qualified vendor, and move forward with this recommendation. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the recommendation to obtain quotes, select the most qualified vendor and demolish and remove the Stewart Sand Mine building. '" '-' -...I ~. --------'-, r';";';':-lf ® Œ - ~ Wi Œ r,"ì ¡ ill ~~-2~4--2~:1 WI L~~_~=,,,,",~,~,-,J I COUN1-Y Þ:fTORNEY J -=-----......."..,..----...- MEMORANDUM DEPARTMENT OF CENTRAL SERVICES To: Douglas Anderson, County Administrator Don McLam, Central Services Assistant Director "j)1\.l / nl J.// ,;tI (J " January 20, 2005 ~ ()( r I 1 , r\ A,\IIJr/)I' ',.-/ ~.i/ ., ~.jJ.l Subject: Stewart Sand Mine - Building :"tJ ' I n, '~ .D v T() ...............................................................f.......~ After further review of the Stewart Sand Mine building by staff and Jeff McGee a IJ structural engineer from the finn Jenkins & Charland. Our recommendation is to remove ~()_. the structure completely including the slab. As a result of the storm additional damage , has occurred to the building that is not superficial. Attached is a letter from Jenkins & Charland and current pictures of the structure. From: Date: Again, Central Services recommend the removal of this structure. {': i¥C ~?-' ~~O Jhœ--S ~,J/7 CClRoger Shinn, Director CS JAN 2 5 2004 "", -L" " . JENKINS 8 . '. CHARLAND'-' INCORPORATED Consulting Engineers ~ Structural - Civil January 19, 2005 Mr. Roger Shinn St. Lucie County Central Services Department 2300 Virginia Ave Fort Pierce, FL 34982-5632 Re: Stewart Sand Mine Tozour Rd. St. Lucie County, Florida Jenkins & Charland, Inc. Project 03FTP015.041 Dear Roger, We understand that you had requested us to proceed with work developing structural repair and renovation details for the existing concrete block building at the Stewart Sand Mine site. Pursuant to that request, Steve Wagner, from our office, accompanied Ken Hall to the site Thursday, January 13th to observe the condition of the building, subsequent to the two hurricanes this past fall. It was observed during that visit that there was additional damage to the existing building that occurred as a result of the two hurricanes. A portion of the roof deck along the east gable edge was missing as well as the deck along the ridge. There were several roof purlins that were twisted and displaced. Additionally, the intill framing above the large roll-up door at the east side was missing, as were the two large roll-up doors on the east and west faces. In our report dated September 15, 2003; we estimated the probable cost for structural repairs at approximately $43,000. Because of the increase in construction prices between the time the report was issued and now, I anticipate increases in the cost of our estimate to be at least 15% to 20%. Due to the hurricane.damage, itwould be prudent to consider replacement of a'll the roof panels. When the increase in. construction costs is considered along with the cost for adding a. new metal deck, the cost to make the repairs is on the order of $65,000 to $70,000. I've consulted with R. K. Davis Construction, who is a local installer of Butler Metal Buildings regarding the cost of a neW structure of similar size. For the existing size, of a 50' x 50' building with approximately 19' eave h~ight, the cost for a new building, including the foundation slab and removal of the old building would be appròximately $90,000 to $100,000. It is my opinion that the use of County money would be better served in constructing a new building designed for the current wind codes, than making repairs on a building 25 to 30 years old. We await your final determination on how to proceed and are available to provide any additional information or services as requested. Very truly yours, Jenkins & Charland, Inc. ¿~:R~!f.~ Vice President/Managing Principal JDM/jmr K:\projects\Prj-2003\03ftp015\041\L TR050119,doc 2011 S. 25th Street, Suite 211, Ft. Pierce, FL 34947 (772) 466-3773 -¢>. Fax (772) 468-3700'··· Fort Myers FL ~ Fort Pièrce FL Orlando FL ~ Sarasota FL Fort Lauderdale FL ~ Nashville TN Tampa FL ~ Jacksonville FL .\.- - AGENDA REQUEST ~ "'" ITEM NO. 14· B DATE: Feb. 8, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO PURCHASE TWO (2) STORAGE BUILDINGS TO EASE DEFICIENCY OF STORAGE SPACE AT CENTRAL SERVICES AND ROCK ROAD JAIL. EQUIPMENT REQUEST NO. EQ05-293 & EQ05-294 BUDGET AMENDMENT NO. BA05-126 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS WILL BE MADE AVAIL: 316-2330-564000-2603 (Machinery & Equipment) 001-1930-564000-100 (Machinery & Equipment PREVIOUS ACTION: On July 27,2004, Item No. R A-1, the Board of County Commissioners approved emergency purchase of tents, furniture and fixtures. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase, delivery and set-up of two 20x30 storage buildings, one at Rock Road Jail- Equipment Request No. EQ05-293, and the other at Central Services Compound- Equipment Request No. EQ05-294/Budget Amendment No. BA05-126. MISSION ACTION: PI APPROVED [] DENIED [ ] OTHER: ,~ Approved 4-0 Frannie Hutchinson Absent (:.t~. ./ '-Á" County Attorney: . Ì-o' Originating Dept: ~ Finance: (Check for Copy only, if Applicable) Mgt & Budget: Purchasing Mgr.: a/ Other: Other: Eft. 1/97 H:\AGENDA\AGENDA-19 STORAGE SHEDS FOR CS & RR.DOC f '-' ...., MEMORANDUM DEPARTMENT OF CENTRAL SERVICES FROM: BOARD OF COUNTY COMMISSIONERS Roger A. Shinn, Directo~ TO: DATE: February 8, 2005 SUBJECT: APPROVAL TO PURCHASE TWO (2) STORAGE BUILDINGS TO EASE DEFICIENCY OF STORAGE SPACE AT CENTRAL SERVICES AND ROCK ROAD JAIL. EQUIPMENT REQUEST NO. EQ05-293 & EQ05-294 BUDGET AMENDMENT NO. BA05-126 ****************************************************************************** BACKGROUND: On July 2ih, 2004 the Board of County Commissioners approved the purchase and installation of eight tents, furniture and fixtures located at Rock Road Jail. Staff has been directed to dismantle the tents and store the tents and ftames along with additional items purchased: 100 bunks, 100 mattresses, 100 sets oflines, 100 food trays, tables and chairs. To address the issue of unavailable storage space to house these items, staff is recommending the purchase of a 20x30 storage building, at a cost of$9,545.00, for the Rock Road Jail location. Tent City Project funds in the amount of$9,545.00 are available for this purchase. As a result of the two hurricanes St. Lucie County encountered this past fall, Central Services Department has been relocated to a double wide mobile office. Space within the double wide is at a minimum, with no storage space. Numerous items that needed to be taken out of our administration office to allow for repair and renovation are now being stored at various locations, these items need to be stored at one convenient location for accessibility. To address the issue of unavailable storage space to house these items staff is recommending the purchase of a 20x30 storage building, at a cost of $9,545.00, for the Central Services Compound. General Funds in the amount of$9,545.00 are available for this purchase. Total cost for both 20x30 storage buildings is $19,090.00. Staff is recommending the purchase, delivery and set-up of these two storage buildings. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase, delivery and set-up of two 20x30 storage buildings, one at Rock Road Jail, Equipment Request No. EQ05-293, and the other at Central Services Compound, Equipment Request No. EQ05-294/Budget Amendment No. BA05-126. ~ I 'f ~~u~~-\ --to d~tJ~ þ" (ß,-' ~ o0t~ Phono (772) 464,4077 Home (772) 464-3531 SAM & VONNIE WATERS Owners A1f: --S~ THuRMAN'S 2775 Nortl'\ U.S. 1 Fort Pierce. F~orlda 34946 Date I / c2.(, /Oç- I . Name S --r L IJ (., ~ -<. C ¿;) Address " '1'" - Model TruCk Color # Third Brake Light Front Slider Serial # INFORMED OF PERMIT' T1E DOWN REQUIREMENTS 0.00 Sub Total Sales Tax '<Total $ Deposit Paid Balance Due $ o ..;.Po Received by: roll/< Ir7~ _ p~T1fTINC IT N£AI'JI TIA ":¡t:)\:7.--! 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'-' "'-" BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Central Services PREPARED DATE: 1/31/2005 AGENDA DATE: 2/8/2005 316-2330-564000-2603 001-1930-564000-100 FROM: 316-2330-562000-2603 001-1930-546100-100 Buildin s Buildin Maintenance $9,670 $9,670 Total $19,340 REASON FOR BUDGET AMENDMENT: 20 x 30 Stora e buildings for Construction & Renovation and the Jail/Tent Cit . CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: nla n/a n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: I' ÚIlWntnA.~ AO -126 AGENDA REQUEST ..".¡ ITEM NO. C- 15 ~ DATE: February 8, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~.tL:Þ~ . Michael Powley, .E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Part time Office Assistant III Position for the MSBU Program in the Public Works Department - Engineering Division and Approval of Budget Amendment No. 05-127 to Purchase a Computer for this Position BACKGROUND: See attached memorandum FUNDS AVAIL. Funds will be made available from 101001-4115-599330-400 MSBU Reserves (Position) 101001-4115-564000-400 Machinery & Equipment (Computer) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the non-exempt Part time Office Assistant III with Limited Benefits Position at a Paygrade 10, as outlined in the attached job description; and approval of attached Budget Amendment No. 05-127 to purchase a computer for the new position. COMMISSION ACTION: CONCURRENCE: M APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent Coordination/Sianatures [x]County Attorney i ?f'\\' [ ]Mgt. & Budget [x]Fiscal Coor ßf\ ~ [x]MSBU Coor ~ [x]Public Works Dir [x ]Co. Eng M VP [x] Human Res ~ [ ]Finance CO~IISSION REVIEW: February 8, 20"rlt ENGINEERING MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Michael Powley, County Engineer January 18, 2005 Part time Office Assistant III Position for the MSBU Program in the Public Works Department - Engineering Division and Approval of Budget Amendment to Purchase Computer BACKGROUND The growth of the MSBU Program, in addition to, maintenance of the Solid Waste Assessment Roll requires additional staff time. The position would be totally funded from MSBU Administrative Fees and Solid Waste Assessment Administrative Fees collected annually. This position would be responsible for assisting the MSBU Coordinator with maintaining the Solid Waste Assessment Roll and to assist with other MSBU related duties. The purchase of a new computer will be required and shall be funded from the MSBU Reserves as well. RECOMMENDATION Staff recommends that the Board approve the non-exempt Part time Office Assistant III with Limited Benefits Position at a Paygrade 10, as outlined in the attached job description; and approval of attached Budget Amendment No. 05-127 to purchase a computer for the new position. Attachments cc: Staff Concurring ---~ '-' ...", JOB CODE 714 PAY GRADE 10 SALARY: $10.62 - $15.97 OFFICE ASSISTANT III MAJOR FUNCTION: Moderately difficult and varied clerical or secretarial work. Performs a variety of higher level clerical and routine administrative functions, dealing with employees, interdepartmental divisions, vendors and the public. Works under the general direction of the immediate supervisor. KNOWLEDGE, ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORM THE ESSENTIAL JOB FUNCTIONS: KNOWLEDGE: Knowledge of modern office practices and procedures, and commercial arithmetic. Knowledge of business English, spelling and punctuation. Knowledge of basic accounting principles and procedures. Knowledge of modern office computer programs, techniques of effective verbal and written communication. Knowledge of budgetary procedures as they apply to State and County reporting procedures. Knowledge of intra- and inter-departmental office system procedures. ABILITIES: Ability to make arithmetic computations and tabulations, both rapidly and accurately. Ability to maintain relatively complex clerical records and to prepare accurate reports from such records. Ability to understand and follow quickly and accurately, brief oral and written instructions on moderately complex matters. Ability to prepare effective correspondence on routine matters and to perform routine office management details without referral to supervisor. Ability to establish, maintain, use tact, patience and good judgement in resolving work problems and create effective working relationships with other employees, vendors and the general public. ESSENTIAL JOB FUNCTION: Process purchase orders, invoices and vouchers. Type accounting reports for State required monthly reports. Track purchases, budgetary monies and keeps supervisor informed of budget limits. Maintain departmental accounts and records. Read and route incoming mail, receive and route telephone calls, and serves as a receptionist in the department. Answers telephone and gives information in response to inquires, complaints and requests. Channels trouble calls to appropriate personnel for prompt, efficient handling. May serve as a receptionist that greets, announces and routes visitors. Researches and assembles specialized documents, reports and data for supervisor. Performs related work as required. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good hand/eye coordination. Very frequent use of good near vision and good hearing. Occasional walking and frequent standing. Ability to lift occasionally 30 pounds. Must be able to speak clearly. ENVIRONMENTAL CONDITION REQUIREMENTS: Frequent indoor duties are required for data processing and analysis, scheduling and various meetings. WORK HAZARDS: Frequent use of computers with related physical hazards, such as eye strain, etc.. Physical work may include light lifting of under 30 Ibs. SAFETY EQUIPMENT USED OR NEEDED: Manual, manuals on correct bending and lifting procedures. EDUCATION: Graduation from an accredited high school or possession of an acceptable equivalency diploma. An equivalent amount of training can be substituted for the minimum qualifications. EXPERIENCE: Two (2) years experience in office operations, including computers and stenographic/clerical work. An equivalent amount of training and experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Must possess a valid Florida drivers license and maintain a good driving record. I Union Non-Union II I Exempt Non-Exempt II (/) ~ W zan 08 -N (/). (/)'III:t -0 ::Eo ::EN o~ 0<C ~~ Z<S!.. :)OW o(/)~ o-C u.u. 0~<C CoC ~U.Z <ct-W o(/)C) £OW<C ~5 ZW :)~ OZ oQ w!:: -(/) 00 3D. t-= (/) '-' w .... LI.. cc ww en en ~~ !!:~ -"- 00 ~.!: -- en en ww ~~ ~- 0) N M ..... :!:o~ ,........N CD c:i ..... fit ë W c Zc Ww 2> 20 OD!: (JI:L ~~ ..WÜ,j wcc¡! 8~(J Cf)(JC!Jen 1::111» U.0c(c( W-,I:LI:L Z W a:I C W .... ~ :J ....~ § ,...'Ot..... _CD"" co ...."'t~'": ZCDMO <....fltN ....fIt fit Cf) Cf)C) Cñ ~- ~ O:z - 0- W :> 0: I' 0 :>W _ ~~ tt ffia 0 ;:) Z Ii t: 0.. WI> 0.. . ... W .:.: .. .:.: I ~ W..... ã ZIt: C!J_ W ......c ~ ~ã ã>~¡ (J ~üh E~~C¡! ~ I:L~ enëz.... en ~ c ~ en ~ e I~ ....,...- -......... .."", ° a::: en_ .- C .c Q) I- E en . en ~~en .- - Q) ::I C\1 en 0-::1 en Q)C« .... C =C\1Q) 0-o'Ø a:::Q)C\1 ëÕ~ Q)Q)-o E8= en ° en en(/) Q) Q) Q) enQ).c ~u.- -0) Q) C C 'Ø Q)'ë C\1 E .- :>enS :>enc Q) .- '"0 C\1 .- en E ° en (/)«.c Q).!=i: .cen::Þ - C\1 .... õ~.s cu ~ 32.£ cO'E ê (/) 8 Q)Eü ë ° 'ëij J:: :::::> Ei~ ô'"O~ -SQ) C_.c .2 Q) - ~ ..0 0) '"0 C '"O'"O+::; cu - en ::I ._ C ° en .- ~ f/) . E- C C\1 f/) .... Q) cu .2 ° :¡::¡ .... ~ - ::I ~f/)Q)'"O ....0::ë.... 0. 0.._ oJ f/)(D :::::>Q)c(/) (D.cooo::: en I- fS.o::::: 00::: . Q) .... .0::::: Q) .... Q) Q)E £ .c+::;~o :::='"0£ ° cu - .- - ::I => .l: f/) ° ;> ~-~'Ø s cu .- OCCf/) .... ° ° en 0) +::; +::; cu Q) :a 'ëi) '"0 .l:'"OOC I- C\1 0. cu .... co ~ ~ 3 W D!: Zo E en i t! Z ::::» o (J ~ ~ - - - '-' ....", BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Works PREPARED DATE: 2/1/2005 AGENDA DATE: 2/8/2005 TO: 1 01 001-4115-564000-400 FROM: 101001-4115-599330-400 Pro'act Reserves $1,286 REASON FOR BUDGET AMENDMENT: CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: n/a n/a n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ~ BA05-127 · . Phone: (772) 462-1681 Fax: (772) 462-1443 '-' "'-" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA A VENUE FORT PIERCE, FL. 34982 IT Quote ,.... '/: ' (, r--",,' .-,' '< " ,- ,C>? "ltt;I¿'t':..../? M;I?"':I."'~_' .. /' " Information Technology . '." ~.A,.;,.,.,_;,;,~",_~", .._,'';';;;;w Date Quote # 1/31/2005 521 Name/Address PW /ENGINEERING DEPT Attn: Becky Padrick roJ œ©œowŒfñì Uù FEB-Im æJ ENGINEERING QUOTE VALID UNTIL W.O. # REQUESTOR 2/28/2005 55153 Cathy Aldhizer Description Qty Rate Total Howard Desktop S465ML - Standard PC for FY05 1 1,286.00 1,286.00 3.2 GHz, Pentium 4 Processor, Motherboard 512MB DDR SDRam Floppy Drive CDRom Drive 40GB Hard Drive Integrated Intel Pro/1 OOVE Network Card Integrated Intel 845G Extreme Graphics Video Card Integrated ADI Sound Card Microsoft Windows XP Professional 17" Viewsonic Monitor Mouse, Keyboard, 2-Pc Stereo Speakers Microsoft Office Professional 2003 4-Year Standard Warranty (No Refresh) VENDOR INFORMA nON: Howard Computers 580 Eastview Drive Laurel, MS 39440 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $1,286.00 stated. AUTHORIZED SIGNATURE St. Lucie Count, Mo.quito Cont.ol Di.t.ict ~ -c'j')~+'''''"1.~~.;;;;;;;;;;~-;·;"''-¡:t~7·'.1T-~'~~~'""~7"~'' I )jj' ~, 'UlJ.1MØ" -77~~;:;;';::::;;--::JI<":';"¡;;-~~""""·"·~-' fjfi¡-:"' . P.III. A. L.wls, Ch.l.m.n Jo..ph E. 'mlth, Vie. Ch.l.m.n DOli. Cow..eI F..nnl. Hlltchln.on Ch.1s C..ft Dlst.lct No. J Dlst.lct No. I Dlst.lct NO.2 Dlst.lct No. .. Dlst.lct NO.5 AGENDA F....II... I, 2005 I. MINUTE' Approve the minutes from the meeting held on January 25, 2005. :a. GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANTI LI.T Approve Warrants List No. 17 and 18. :a. PURCHA,ING Second Extension to Agreement C02-01-211 with Adapco Inc. - Consider staff recommendation to approve the Second Extension of Agreement C02-01-211 between Mosquito Control District and Adapco, Inc. and authorize the Chairman to sign the Second Extension as prepared by the County Attorney. Ie COUNTY AnORNEY A. Queens Cove - Revised Revocable License Agreement - Consider staff recommendation to approve the revised Revocable License Agreement with Queens Cove Property Owners Association, Inc., and authorize the Chairman to sign the Agreement. B. Impoundment Restoration - Fifth Amendment to May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395) - Consider staff recommendation to approve the proposed Fifth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc., and authorize the Chairman to sign the Fifth Amendment. 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 (m) 462-1777 or TDD \172) 462-1428 at least forty-eight (48) hours prior to the meeting. - '-" '-' MOSQUITO CONTROL DISTRIC ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 25,2005 Tape: 2 Convened: 11 :31 a.m. Adjourned: 11 :32 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Ed Cox, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held January 11,2005, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Smith, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 15 and 16. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court " ') / .~'j 01/22/05 PZABWARR FUND 145 145115 145822 '-' ST. LUCIE COUNTY - BOARD 'wi WARRANT LIST #17- 15-JAN-2005 TO 22-JAN-2005 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund USDAjIndrio Blueway Buffer Res Wildcat Cove Salt Marsh Restoration GRAND TOTAL: EXPENSES 220,640.88 404.24 606.36 221,651. 48 PAGE PAYROLL 0.00 0.00 0.00 0.00 1 01/28/05 FZABWARR FUND 145 145115 145822 w ST. LUCIE COUNTY - BOARD - WARRANT LIST #18- 23-JAN-2005 TO 28-JAN-2005 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund USDA/Indrio Blueway Buffer Res Wildcat Cove Salt Marsh Restoration GRAND TOTAL: EXPENSES 27,672.42 2,688.00 4,032.00 34,392.42 ....." PAGE PAYROLL 46,412.20 0.00 0.00 46,412.20 1 ..., ... y~ ~M NO. C2 DATE: 02/08/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: Mosquito Control District Board PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Second Extension to Agreement C02-01-211 with Adapco Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds are available In 145-6230-564000-600 Mosquito Control "Capital Equipment" PREVIOUS ACTION: On December 9, 2003 the Board approved the first extension to Agreement C02-01-211 with Adapco, Inc. RECOMMENDATION: Staff recommends approval of the Second Extension of Agreement C02-01- 211 between Mosquito Control District and Adapco, Inc. and authorization for the Chairman to sign the '~nd Extension as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ()C APPROVED ( ) OTHER ( ) DENIED Approved 4-0 Frannie Hutchinson Absent +:/1 TRATOR Coord i nation/SiQ natures County Attorney ( X) Originating Dept. ( ) n '-:i) i<~ t/ Mgt. & Budget ( ) ~ tììí\\~ Purchasing (X) ø ¡û Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ - .. PURCHASING ..- I I f COUNTY l I ¡ I ~ ~On~LA \.."I PURCHASING DEPARTMENT Ed Parker Director E~!L6C'¡:OL D E b9Lt«>L bVH..L bnHCH II\lEI.1..L V2.L-'lC sn'~'apnl-S'O:),MMM :ajlsqaM BGI>,-Z91> (ZLL) 001- 00H-Z91> (ZLL) auo~d - Z999-Z961>8 l:J 'a::JJa!d µo:J - anuaNIf elu!ôJ!^ 008Z uosJapuV' 'V'J selônoO - JOjeJs!u!WpV' Á¡uno:) 9 'oN pUSIO 'l:J~:) SI~H:). I> 'oN PUjS!O 'NOSNIH1nH 3INN~:J . 8 'oN ::JuS!O 'SIM3l 'V' \IlnV'd . Z 'oN P!JS!O 'O~V'MO:) ÐnOO . ,'oN PpS!O 'H11V'JS'3 Hd3S0r ~ 'SUO!l!puo:J pue SWJ8l 8WeS 8lH le JB8^ 8UO JOJ ~ ~G ~O-GO:::> lU8W88JB\i 0l UO!SU8lX3 PUO:J8S 84l JOJ UO!leZp04lne BU!lS8nb8J MOU S! yelS 'JB8^ eUO!l!ppe 8UO JOJ lU8W88JBe 84l 0l UO!SU8lX3 lSJ!::I 84l p8^oJdde SJ8UO!SS!WWO:::> ^lUno:::> JO PJB08 84l £OOG '6 JaQW8:J80 uQ 'Sl!Un Bu!^eJds pue JaIlOJlUO:::> 'JOl!UOV\l ^ In JOJ ':JU 'o:Jdep\i °l BOO-GO 'oN P!8 p8pJBMe SJ8UO!SS!wwo:::> ^lUno:::> JO PJB08 84l ~OOG 'OG J8Qw8^ON uQ :aNnO~~»t:>"8 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ':JU o:Jdep\i 4l!M ~ ~ G- ~ O-GO:::> lU8WaaJB\f 0l UO!SU8P<3 PUO:J8S :8t:j 900G 'G ÁJenJQ8::1 :8leo dV3 JOp8J!O Bu!Se4:JJnd 'J8)JBd P3 :WOJ::I PJB08 P!JlS!O OJluo:::> Ol!nbsoV\l :01 II\InaN'V~01l\l311\1 Jo¡:>aJ!O Ja)Jed P3 l.N311\11.~'Vd3a ÐNIS'VH~~nd S~3NOISSIII\IU\lO~ Al.NnO~ .:10 a~'V08 - BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Mosquito Control District Board From: Ed Parker, Purchasing Director cAP ~ Date: February 2, 2005 Re: Second Extension to Agreement C02-01-211 with Adapco Inc. *********************************************************************************************************** BACKGROUND: On November 20, 2001 the Board of County Commissioners awarded Bid No. 02-008 to Adapco, Inc. for UL V Monitor, Controller and Spraying Units. On December 9,2003 the Board of County Commissioners approved the First Extension to the agreement for one additional year. Staff is now requesting authorization for the Second Extension to Agreement C02-01 211 for one year at the same terms and conditions. JOSEPH E. SMITH. District No.1. DOUG COWARD. District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT. District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-Iucie.fl.us C02-01-211 SECOND EXTENSION OF AGREEMENT BETWEEN ADAPCO, INC. AND ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT THIS SECOND EXTENSION made this _ day of , 2005, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida (District) and ADAPCO, INC., or his, its or their successors, executors, administrators and assigns (Vendor). WHEREAS, on January 11, 2002 the parties entered into an Agreement (the "Agreement") whereby the Vendor agreed to provide and install for the District certain equipment; and WHEREAS, on December 9, 2003 the parties executed the First Extension of the Agreement extending the Agreement through and including November 14, 2004; and WHEREAS, the parties have agreed to exercise the second extension option. NOW, THEREFORE, inconsideration of the premises and the mutual benefits which will accrue to the parties hereto in extending the Agreement, the term of the Agreement is hereby extended through and including November 14, 2005 on the same terms and conditions. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES ADAPCO, INC. By: Print Name: Title: 1 , '" '--' AGENDA REOUEST ITE~O. Cj.A Date: February 8, 200S Regular [ ] Public Hearing [ ] Consent [X] TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Queens Cove - Revised Revocable License Agreement BACKGROUND: See c.A. No. 05-172 FUNDS A V AIL. (State type & No. of transaction or NIA): NIA RECOMMENDA TION: Staff recommends that the Mosquito Control District approve the revised Revocable License Agreement with Queens Cove Property Owners Association, Inc., and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: rx APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent Coo rd ins tio n/Silms tu res County 1t~ey: , íNl 'I) ~ginating Dept: Finance (Check for Co y only, if applicable): Mgt & Budget: Purchasing: Other: Other: r '- 'wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 05-172 DATE: January 31,2005 SUBJECT: Queens Cove - Revised Revocable License Agreement BACKGROUND: On December 14, 2004, the Mosquito Control District approved a proposed Revocable License Agreement with Queens Cove Property Owners Association, Inc. The agreement would grant the District a limited license agreement for the use of its roads and bridges in conjunction with hurricane repairs to the mosquito contról impoundments in Jacks Island, Kings Island and Queens Island. In return, the District would serve as a co-applicant on its application to the Florida Department of Environmental Protection for lateral trimming of the mangroves in the public waterway parallel to Queens Cove Road and the east boundary of Kings Island. Following the District's approval of the proposed agreement, Queens Cove requested several revisions to the agreement. A copy of the revised agreement with the changes indicated is attached to this memorandum. The only substantive change is a deletion of the mediation provision which provides for the parties to submit any disputes arising from the agreement to non-binding mediation prior to filing suit. This provision was also deleted from the District's April 25, 2000 access agreement with Queens Cove at their request. RECOMMENDA TION/CONCLUSION: Staff recommends that the Mosquito Control District approve the revised Revocable License Agreement with Queens Cove Property Owners Association, Inc., and authorize the Chairman to sign the Agreement. Respectfully submitted, 'Ä "'- ~*" 6--:a Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director ~ "wi This instrument prepared by: Heather Young Assistant County Attorney 2300 Virginia A venue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of , 2004~, by and between QUEENS COVE PROPERTY OWNERS ASSOCIATION, INC., a Florida non- profit corporation, (the "Association"), whose address is 134 Queens Road, Fort Pierce, FL 34949, and ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependant taxing district of the State of Florida, (the "District"), whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982. WHEREAS, the Association is the owner of certain property, including private roads, located on North Hutchinson Island adjacent to mosquito control impoundments owned and managed by the District on Jacks Island, Kings Island, and Queens Island; and, WHEREAS, on April 25, 2000, the parties entered into an Agreement wherein the Association agreed to allow the District to drive over its roads for the purpose of accessing the above-referenced mosquito control impoundments as well as conducting mosquito and sandfly control within the Queens Cove Subdivision; and, WHEREAS, as a result of damage to the impoundments by Hurricanes Frances and Jeanne, it is necessary for the District to undertake emergency repairs to the impoundments which will necessitate the transport of heavier than normal truck loads of rip rap and fill over the Association's roads and bridges in order to access the impoundments; and, WHEREAS, in recognition of the benefits to its residents and the residents of St. Lucie County served by the District in restoring the impoundments, the Association is willing to permit '-" ...",., the District to use its roads and bridges subject to the terms and conditions set forth in this License Agreement; and, WHEREAS, the Association has requested that the District serve as a co-applicant on a permit application to the Florida Department of Environmental Protection to trim mangroves along the public waterway between Queens Cove and Kings Island; and, WHEREAS, the District is willing to participate with the Association in the mangrove trimming as provided in this License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The Association agrees to grant the District and/or its contractors a limited revocable license to use the Association's roads and bridge ~ for the purpose of pm p05ê of transporting approximately two hundred fifty (250) five (5) ton loads of rip-rap and fill to Kings Island to restore the mosquito control impoundments located on Jach Island, Kings Island and Queens Island. The parties acknowledge and agree that the District's use of the Association's roads and bridges is limited to the purposes set forth herein and such use shall terminate upon completion of the restoration of the impoundments. 2. The District agrees to compensate the Association for its costs to repair any damage to the Association's roads and bridges caused by the District's use of such roads and bridges pursuant to this Agreement. In the alternative, and at its option, the District may elect to repair any such damage with its own workforce or a contractor of its choosing. 3. Except as otherwise provided herein, this license is personal to the District and may not be assigned or transferred. 4. The District agrees to serve as co-applicant on the Association's permit application to the Florida Department of Environmental Protection ("FDEP") for lateral trimming of the mangroves along the canal further described in the permit application, a copy of which is attached hereto and incorporated herein as Exhibit "A". Upon issuance of the permit, the parties agree that the trimming will be performed by Native Technologies, Inc. as part of other work being performed for the District and at no additional cost to the parties. 5. If the District defaults in the performance of any of the terms, covenants, or conditions of this Agreement, the Association may terminate this Agreement upon not less than fifteen (15) days written notice to the District on the date specified in said notice unless the District has cured the default or is in the process of curing the default and the fault can be cured within fifteen (15) days. '-' "wi 6. The term of this License Agreement shall begin on the date first above written and shall expire on September 30, 2005, or upon completion of the proiect whichever occurs first unless extended by the County or revoked as herein provided. 7. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to District: With Copies to: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 County Attorney 2300 Virginia A venue Fort Pierce, FL 34982 Mosquito Control Director 3150 Will Fee Road Fort Pierce, FL 34982 As to Association: Queens Cove Property Owners Association, Inc. 134 Queens Road Fort Pierce, FL 34949 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, 8. In the c vcn't of a disputc bet ween the partics in conncetion with this AglCclllent, the pal ties aglce to subn:1Ít the disputed issuc 01 issucs to a mediatol ror non-binding mediation pIÍ01 to filing a lawsuit. The, parties shall aglee. on a me.diator dlOSŒ flOm a list of e(,1 tified mediat01s available fl0m the. Clelk of Comt fOl St. Lucie County. The fee. of the. mc,diatol shall be shal(,d eqtlàlly by the pal tics. To the cxtent allowc.d by law, the lllcdiatiol1 ploeess shall be confidential and the lesults of the mediation 01 any tcstimony 01 algtHilent introduced at the mediation shall not be admissible as cvidŒ(,e in any subscquCllt ploceedillg conccming tk disputed issue. 8. To the extent permitted by Section 768.28, Florida Statutes, the District shall indemnify and hold the Association harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, action and costs of action, including reasonable attorneys fees, of any kind or nature arising or in any way connected with the use, occupation, management or control of the roads and bridge by the District or its employees or subcontractors, or resulting in injury to persons or property, or loss of life or '-' ..." property of any kind or nature whatsoever, sustained during the District's use of the roads and bridge. 9. 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. 10. This Agreement embodies the whole understanding of the parties. There are no promises, tenns, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by as Chainnan of the Board of County Commissioners, St. Lucie County, Florida. Helshe is personally known to me or has produced as identification. Notary Public Printed/Typed Name of Notary Commission No. Commission Expires w "wi ATTEST: QUEENS COVE PROPERTY OWNERS ASSOCIATION, INe. BY: SECRETARY PRESIDENT (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as President of the Queens Cover Property Owners Association, Inc. He/she is personally known to me or has produced as identification. Notary Public Printed/Typed Name of Notary Commission No. Commission Expires g: \atty\docs \Iic.mdc. qcpoa.draft.rev. wpd ~ '-' AGENDA REQUEST ITE~O. C- 3.B Date: February 8, 2005 Regular [ ] Public Hearing [ ] Consent [X] TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Impoundment Restoration - Fifth Amendment to May 25,2004 Agreement with Native Technologies, Inc. (C04-05-395) BACKGROUND: See C.A. No. 05-179 FUNDS A V AIL. (State type & No. oftransaction orN/A): Account Nos. 145821-6230-534000 (Other Contractual Services) - 465015 and 145822-6230-534000 (Other Contractual Services) - 465015 RECOMMEND A TION: Staff recommends that the Mosquito Control District approve the proposed Fifth Amendment to the May 25,2004 Agreement with Native Technologies, Inc., and authorize the Chairman to sign the Fifth Amendment. COMMISSION ACTION: CONCURRENCE: I)( APPROVED [] DENIED [ ] OTHER: Approved 4-0 Frannie Hutchinson Absent counrv~ttorn?1 /;(ginatin~;/t.: ~. µ. Coord ination/Sil!:natu res Mgt. & Budget: Purchasingc Other: Other: - '-' ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 05-179 DATE: February 1,2005 SUBJECT: Impoundment Restoration - Fifth Amendment to May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395) BACKGROUND: On May 25, 2004, the Mosquito Control District entered into an agreement with Native Technologies to perform restoration work in the mosquito control impoundments. The agreement as since been amended four times to provide for Native Technologies to repair damage to the impoundments caused by Hurricanes Frances and Jeanne as well as work related to the Indrio Blueways Project. The Mosquito Control Director and the contractor have determined that additional restoration work is necessary in Impoundment 17 A, a/k/a Wildcat Cove, to remove existing exotic vegetation and replace it with native vegetation for better erosion control and habitat. Attached to this memorandum is a copy of a proposed Fifth Amendment to the May 25, 2004 Agreement which provides for this additional work. The cost of the additional work will not exceed a total of thirty-eight thousand eight hundred twenty-four and 00/1 00 dollars ($38,824.00). This will increase the total compensation under the Agreement to an amount not to exceed five million eight hundred fifteen thousand eight hundred forty-nine and 36/1 00 dollars ($5,815,849.36). Sufficient funds are available cover these additional costs from the Indian River Lagoon license plate grant for exotic removal and the NOAA Fish America grant for native plantings. RECOMMENDA TION/CONCLUSION: Staff recommends that the Mosquito Control District approve the proposed Fifth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc., and authorize the Chairman to sign the Fifth Amendment. Respectfully submitted, j~~ Heather Young Assistant County Attorney Attachment HYI Copies to: County Administrator Mosquito Control Director -- '-' ...." FIFTH AMENDMENT TO MAY 25, 2004 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND NATIVE TECHNOLOGIES, INC. THIS FIFTH AMENDMENT is dated this day of ,2005, by and betweenST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT a dependent taxing district ofthe State of Florida (the "District"), and NATIVE TECHNOLOGIES, INC., a Florida corporation (the "Contractor"). WHEREAS, on May 25,2004, the parties entered into an Agreement wherein the Contractor agreed to perform mosquito control impoundment restoration (the "Agreement"); and, WHEREAS, operation of the mosquito control impoundments is essential to the health, safety and welfare of the residents of St. Lucie County; and, WHEREAS, on September 28, 2004, the parties entered into a First Amendment to the Agreement which provided for the Contractor to perform emergency vegetation removal and dike and culvert breach repair in the mosquito control impoundments in conjunction with the aforementioned impoundment restoration following Hurricane Frances; and, WHEREAS, on November 2, 2004, the parties entered into a Second Amendment to the Agreement which provided for the Contractor to perform emergency vegetation removal and dike and culvert breach repair in the mosquito control impoundments in conjunction with the aforementioned impoundment restoration following Hurricane Jeanne; and, WHEREAS, on November 15,2004, the parties entered into a Third Amendment to the Agreement which provided for the Contractor to perform additional impoundment restoration work as a result of Hurricane Jeanne as well as additional impoundment restoration work required in conjunction with the Indrio Blueways Project; and, WHEREAS, on December 14, 2004, the parties entered into an Amended and Restated Fourth Amendment to the Agreement which provided for the Contractor to perform additional work is necessary to restore the impoundments to their original, pre-hurricane profiles, repair existing erosion control devices, and restore erosion control access protection; and, WHEREAS, the District has determined that further additional work is necessary to remove additional vegetation in Impoundment 17 A, aJk/a Wildcat Cove, and replace it with native vegetation which will. NOW, THEREFO RE,in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1 -- '-" ....,.¡ 1. Paragraph 4 of the Agreement shall be amended to read as follows: 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the District and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of 15 pages. B. Broward Contract, consisting of 12 pages. C. Contractor's Broward Contract Schedule of Unit Prices, consisting of 2 pages. D. Contractor's letter to James R. David dated April 9, 2004, consisting of 1 page. E. Contractor's Memorandum to St. Lucie County Mosquito Control District dated May 4, 2004, consisting of 2 pages. F. Contractor's Change Order No.1 dated August 19,2004 consisting of2 pages. G. Contractor's letter to James R. David, dated September 22, 2004, consisting of 2 pages. H. Contractor's letter to James R. David, dated October 13, 2004, consisting of 2 pages. 1. Contractor's letter to James R. David, dated October 28, 2004, consisting of 2 pages. 1. Contractor's letter to James R. David, dated September 30, 2004, consisting of 2 pages. K. Contractor's letter to James R. David, dated November 15,2004, consisting of 21 pages, L. Contractor's letter to James R. David, dated November 20, 2004, consisting of 9 pages. M. Contractor's letter to James R. David, dated November 20,2004, 2 --- '-' ....." consisting of 7 pages. N. Contractor's letter to James R. David, dated November 20,2004, consisting of 7 pages. O. Contractor's letter to James R. David, dated November 29,2004, consisting of 7 pages. P. Contractor's letter to James R. David, dated December 3, 2004, consisting of 5 pages. Q. Contractor's letter to James R. David, dated December 6, 2004, consisting of 6 pages. R. Contractor's letter to James R. David, dated December 7, 2004, consisting of 6 pages. S. Contractor's letter to James R. David, dated January 19,2005, consisting of 17 pages. T. Contractor's letter to James R. David, dated January 19,2005, consisting of 17 pages. U. Insurance Certificate( s) to be provided by the Contractor with an executed original of this Contract. V. Any modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 2. Paragraph 6 of the Agreement shall be amended to read as follows: 6. TERM OF CONTRACT The Contractor shall begin the work on the mosquito control impoundment restoration within five (5) calendar days after the signing, execution and delivery of written notice to proceed and shall complete all of the work hereunder within one hundred twenty (120) days of the date of the notice to proceed. The parties 3 --- '-' .""'" acknowledge and agree that the Contractor has already commenced work on the emergency vegetation removal and dike and culvert repair work set forth in the Contractor's letter dated September 22, 2004. The Contractor shall complete all work described in the August 19,2004 Change Order and the September 22,2004, September 30, 2004, and November 15, 2004 letters on or before September 30, 2005. The Contractor shall complete all work described in the October 13,2004 and October 28, 2004 letters on or before November 15, 2004. The Contractor shall complete all work described in the November 20, 2004, November 29, 2004, December 3,2004 and December 6, 2004 letters on or before September 30, 2005. The Contractor shall complete all the work described in the January 19,2005 letters on or before September 1,2005. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the District, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the District in writing. The Contractor shall perform such additional services hereunder as agreed upon by the Project Managers in accordance with the rates set forth in the Contractor's bid. In the sole opinion of the District, should the organization of the Contractor, or its management, or the mam1er of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the District shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the District shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the District authorizes such payment in writing. As the Contractor's only remedy for delay, the District may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time ofthe bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the District. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information as appropriate. In case of a continuing cause of delay only one (1) claim is necessary. Normal 4 - '-' ...", working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 3. Paragraph 7 ofthe Agreement shall be amended to read as follows: 7. CONTRACT PAYMENT The District shall pay the Contractor for the performance of this Contract upon the rendering of said services in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount of five million eight hundred fifteen thousand eight hundred forty-nine and 36/1 00 dollars ($5,815,849.36) in current funds as follows: A. Impoundment Restoration - Not to exceed eighty-seven thousand nine hundred fifty-nine and 00/100 dollars ($87,959.00). B. Emergency Vegetation Removal- Not to exceed three hundred twenty-three thousand one hundred sixteen and 81/100 ($323,116.81). C. Dike and Culvert Breach Repair - Not to exceed fifty-seven thousand two hundred fifty-one and 69/1 00 dollars ($57,251.69). D. Change Order No.1 - Not to exceed seventeen thousand fifty-three and 00/100 dollars ($17,053.00). E. Work described in September 30,2004 Letter - Not to exceed eighty-seven thousand nine hundred eighty-two and 40/100 dollars ($87,982.40). F . Work described in November 15, 2004 Letter - Not to exceed one million one hundred forty-nine thousand seventy and 25/100 dollars ($1,149,007.25). G. Work described in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundments Nos. 1,2,3,4,5,6,9, 10A, 16A, 17 A, 18A, 19A, and 24 - Not to exceed two million seven hundred twenty-two thousand one hundred forty-seven and 99/100 dollars ($2,722,147.99). H. Work described in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundments Nos. 7, 8B and 8C - Not to exceed two hundred ninety-one thousand five hundred twelve and 48/1 00 dollars ($291, 512.48). 1. Work described in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundment No. 14B - Not to seventeen thousand three hundred ninety-two and 70/1 00 dollars ($17,392.70). 5 '-' '-wi 1. Work described in November 29, 2004 Letter for Phase Two Permanent Repairs in Impoundment Nos. 14A - Not to exceed eighty-six thousand nine hundred seventy-three and 89/1 00 dollars ($86,973.89). K. Work described in December 3, 2004 Letter for Erosion Control-Access Protection in Impoundment No. 14A - Not to exceed one hundred nine thousand four hundred forty-five and 53/100 dollars ($109,445.53). L. Work described in December 6, 2004 Letter for Erosion Control-Access Protection in Impoundment Nos. 1,2,3,4,5,6,9, lOA, 16A, 17A, 18A, 19A, and 24 - Not to exceed six hundred sixty-seven thousand seven hundred thirty-one and 04/100 dollars ($667,731.04). M. Work described in December 7, 2004 Letter for Phase Two Permanent Repairs in Impoundment No. 23 - Not to exceed one hundred sixty-nine thousand four hundred fifty-two and 58/100 dollars ($169,452.58). N. Work described in January 19, 2005 Letter for Vegetation Removal at Impoundment No. 17 A - Not to exceed nineteen thousand eight hundred seventy-seven and 00/1 00 dollars ($19,877.00). O. Work described in January 19,2005 Letter for Planting at Impoundment No. 17 A - Not to exceed eighteen thousand nine hundred forty-six and 00/1 00 dollars ($18,946.00). 4. All other terms and conditions of the Agreement, as amended, are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment on the date first above written. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 6 ATTEST: '-" SECRETARY g: \atty\agreem nt\5a-nti. wpd 'wi NATIVE TECHNOLOGIES, INC. BY: PRESIDENT (SEAL) 7 .~ fi '-" ..." Native ~"\ Technologies, Inc:" "WI 3215 NW 10th Terrace, Suite 209 Fort Lauderdale, Florida 33309 Phone 954.523.5236 . 888.301.1707 Fax 954.462.7011 www.nativetechnologiesinc.com January 19,2005 .~.:._~-,..." RECEIVED r ';2~"~05~ j MOSQU ITO CONTRQr Re: Saint Lucie County Mosquito Control Vegetation Removal at Impoundment 17A Mr. James R. David Director St. Lucie County Mosquito Control Distrist 3150 Will Fee Road Fort Pierce, FL 34982 Dear Mr. David: Wildcat Cove Pursuant to your request for a proposal to repair the Biind-€TCek project, a project purchased with Federal funds, attached please find a contract between Native Technologies, Incorporated and The Broward County School Board. This contract covers the selective removal and disposal of Australian Pine and Brazilian Pepper trees. The contract bears a fee of $6, 1 70.74 per acre for clear and grub, $1,196.75 for treat in place and $1. 00 per foot for silt fence, Based on the acreage of Impoundment 17A, (3 acres x $6,170.74 + 3 acres x $1196.75 + 1800 If x 1.00= a total cost of $23,902.47). As you will note our cost estimate to the county indicates that NT! will perform this work for a total cost of$19,877.00 The following is an outline of the procedure for the vegetation removal work on the impoundment dikes and the conditions within which the work will occur. a) Trees will be felled and the stumps removed. All removed material will be tub ground. b) Those trees that will cause damage to the surrounding habitat will be treated in place. c) Silt fencing will be installed to avoid impacts to wetlands. In closing, the price quoted for the impoundment 17 A Vegetation work includes of all labor, material, supervision and incidentll to complete the work and is based on a comparable contract awarded under a competitive bid situation. AB we have demonstrated in the past, it is our goal to perform our work in an expeditious manner and under the estimated budget amount. Should you have any questions or need additional infonnation, please let me know. Robert B. Miller Senior Vice President State Certificate # CB·C038946 Printed on recycled paper @ ~~i . . NatIve '" Technologies. '-' '-' Inc.™ 321; NW 10th Terrace, Suite 209 Fort Lauderdale, Florida 33309 Phone 954.523.5236 . 888.301.1707 Fax 954.462.7011 www.nativetechnologiesinc.com CLIENT: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PROJECT: VEGETATION TREATMENT ANDREMOVAL AT IMP. 17A PROJECT LOCATION: ST. LUCIE COUNTY, FLORIDA DATE: January 19,2005 Native Technologies Incorporated (NTI) shall perform the work as outlined m the following scope of services: VEGETATION TREATMENT AND REMOVAL: 1. NT! shall provide all labor, equipment, and supervision necessary for removing Australian pine and Brazilian pepper from approximately 3 acres along the north impoundment road of impoundment 17 A. 2. All removed vegetation will be tub ground and the grindings will be spread on the impoundment road. No off site disposal is included. 3. NT! shall provide all labor, equipment, and supervision necessary to treat in place all Australian pine trees that are located on approximately 3 acres of spoil islands. 4. NTI shall use Best Management Practices by installing 1800 lineal feet of silt fencing. OTHER CONDITIONS: 1. Contractor shall not be responsible for acts beyond its reasonable control or negligence by others including inappropriate engineering or design. 2, Owner shall be responsible for obtaining any and all permits required for the above stated work prior to NTI commencing work and at no cost to Native Technologies, Inc. {V State Certificate # CB·C038946 Printed on recycled paper @ '-' ...,¡ 3. Invoices submitted for work completed shall be paid within 30 dayofreceipt. A finance charge of 1.500% per month Ot an annual percentage rate of 18.000% will be computed on all past due balances. 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. This proposal shall be valid for 30 days. 6, This work may be piggybacked onto the School Board of Broward contract. NOT INCLUDED: 1, Maintenance, monitoring, aerial photographs, water and/or soil sampling and associated laboratory analysis, continuous hydrographs, surveys, orange barricade fencing, as-built surveys, maintenance of traffic. CONTRACT FEE: 1. NTI agrees to perfonn the Vegetation Treatment and Removal services stated above for the sum of$19,877.00 Submitted by: ~r Senior Vice President Native Technologies, Inc. Accepted by: 2 '-' ....,¡ ~ - --- - - -- - - vIII THE SCHOOL BOARD OF BRO\VARD COUNTY, FLORIDA 1700 Southwest 14th Court· FORT LAlJDERDALE, FLORIDA 33312. TEL 95<4-768-8643. FAX ~4-765-6079 Micbael C. Garretson DeIHJt} Superintendent Fac¡/i/Jes & COl/struclioll Maf/agell/em SCHOOL BOARD March 24, 2004 Choir CAROLE L !\..\iDREWS 11a Choir STEPHANIE ARMA KRAFT. ESQ JUDIE S. BLDNICK DAiU.A L CARTER BEVERLY A. GALLAGHER DR. ROBERT D. PARKS MARIT RUBINSTEIN LOIS WEXLER BENJA."fL\i J. WILLJA.'vIS By Facsimile (954) 462-7011 and US Mail DR. fRANK nu S;.¡pen'nlt!JUiem of Schools Robert Miller Native Technologies, Inc, 3215 NW 10th Terrace Suite 209 Ft. Lauderdale, Florida 33309 Subject: Agreement between The School Board of Broward County, Florida (the "Board") and Native Technologies, Inc. ("Native Techhologies"), Mitigation Project (Landscaping), Project No. 3091-96-08 at Winston Park Nature Center I am writing regarding the Agreement between The School Board of Broward COW1ty, Florida (the "Board ") and Native Technologies, Inc."C"Native Teclmologies"), Ivlitigation Project (Landscaping), Project No. 3091-96-08 at Winston Park Nature Center (the "Contract"). The Board awarded the Contract as a competitive procurement tmder the Board's Procurement Policies, Rule Number 3320. The Board has no objection to St. Lucie County or any other government entity from making a purchase directly with Native Technologies under the Contract consistent with Rule 3320, Part 1, sections 0 and V, which permit the Board to make similar purchases. Any direct contract between St. Lucie County or any other government entity and Native Technologies shall have no effect on the Contract, and the Board shall have no obligations or liabilities under any such direct contract. If you have any questions, please call me at 954-768-8345. s;n;¡¡ ~ ~hae¡ C G",etson Deputy Superintendent MCG:dh TransformIng EdllCQIlOn One SlItdent or A Time Br01'vard CUI/my Public Schools [s An Equal OPPOI'!II mryiEq II a/ Access Empiover '-' . ...,I Document 00520 Agreement Form TIDS AGREEMENT made and entered into this 2nd day of September, 2003. by and bet\veen THE SCHOOL BOARD OF BROWARD COUNTY, FWRIDA (hereinafter referred to as "Owner" and Native Technologies, Inc. (hereinafter referred to as "Contractor"). WHEREAS, Owner is the owner of certain real property located in Broward County and Owner desires to have: Mitigation Project (Landscaping) Project No. 3091-96-08 at Winston Park Nature Center constructed pursuant to drawings, specifications and other design documents prepared by Keith and Schnars, P .A. (hereinafter referred to as "Project Consultant"). WHEREAS, the Contractor is desirous of performing the Work in accordance with the Contract Documents and all applicable laws. codes and ordinances. NOW THEREFORE, in exchange for the mutual covenants and promises set forth herein and the sums of money agreed to be paid by the Owner to Contractor. the parties agree as follows: ARTICLE 1. ENTIRE AGREEMENT. 1.01 This Construction Contract, along with the Contract Documents consisting of the Agreement Fonn, MjWBE Program Requirements, Documents contained in the Project Manual. General and Supplementary Conditions. Addenda, Drawings, Specifications, and modifications issued after execution of the Contract embodies the entire agreement between Owner and Contractor and supersedes all other writings, oral agreements. or representations. 1.02 The parties shall not be bound by or be liable for any statement. representation, promise, inducement or understanding of any kind or nature not set forth herein. 1.03 NO CHANGES, AMENDMENTS OR MODIFICATIONS OF ANY OF THE TERMS OR CONDmONS OF THE CONTRACT SHALL BE VALID UNLESS REDUCED TO WRITING AND SIGNED BY BOTH PARTIES. The School Board of Broward County, Florida Agreement Form. Document 00520 October 1.1996 (Rl: May 20, 1997}(R2 12/4/00 DR) (R3 11/21/01 DR) (R4 12/17/02 DR) page 1 '-' """" ARTICLE 2. ENUMERATION OF THE CONTRACT DOCUMENTS. 2,01 The Contract Documents consisting of the Agreement Form, M/WBE Program Requirements, Documents contained in the Project Manual, General and Supplementary Conditions, Drawings, Specifications, and all Addenda and modifications issued after execution of the Contract thereto together form the Contract. and they are fully a part of the Contract as if written herein word for word. The following is an enumeration of the Drawings and Project Manual for this Project: 2.02 Drawing Number Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 The Drawings: Drawing Title Title Sheet and Location Map Vicinity Map Winston Park Section One Preservation Area. Page 1 of 2 Winston Park Section One Preservation Area, Page 2 of 2 Typical Geoweb Trail Detail Typical Trail Detail Planting Schedule and Notes Project/Planting and Notes 2.03 The Project Manual: Document Number 00001 00002 00007 00008 00010 00015 00101 00200 00215 00217 00220 00225 00300 00410 00420 00425 00433 00435 00436 00457 00460 00465 Document Ti tie Project Title Page Project Directory Professional Seals Page PrequalificatiDn of Contractors Notice Table of Contents List of Drawings Advertisement for Bids Instructions to Bidders Application for Bidding Documents Bidder's Information Sheet Bidder's Request for Information Bidder's Substitution Request Information Available to Bidders Bid Form Bid SecuIity Form Certificate of Intent Subcontractors List Schedule of Values Schedule of Unit PIices Drug-Free Workplace Certification Trench Act Compliance Statement MWBE Program Requirements Number of Pages 1 1 1 1 3 1 2 20 1 4 1 2 6 4 2 1 2 2 2 2 1 1 The School Board of Broward County. Florida Agreement Form Docuznent 00520 OctOber 1.1996 (Rl: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) page 2 00485 00505 00510 00520 00550 00600 00610 00620 00625 00640 00700 00910 00920 01110 01250 01250a 01250b 01250c 01250d 01250e o 1250f 01250g 01270 01290 01290a 01310 01310a o 131Gb 01320 01320a 01320b 01320c 01330 01330a 01350 01450 01770 01770a 01770b 01770e 01770f 01770g 01770h '-' ...., 1 3 3 12 2 3 1 4 4 2 40 1 6 6 8 1 1 1 1 1 1 1 3 4 2 10 1 1 14 1 1 1 9 1 7 11 9 1 1 1 1 1 1 Monthly MWBE Subcontractors Utilization Report Notice of Intent to Award Notice of Award Agreement Form Notice to Proceed Performance Bond Form Payment Bond Form Subcontractor's Performance Bond Subcontractor's Payment Bond General Release and Full Release of Lien General Conditions of the Contract Addenda School Board Policy 7011- Prequalification of Contractors Division 1 -- General Requirements Summary of Work Contract Modification Procedures Proposal Request Change Order Request (Proposal] Proposal Worksheet Detail Proposal Worksheet Summary Construction Change Directive Project Consultant's Supplemental Instructions Change Order Unit Prices Payment Procedures Application for Payment Project Management and Coordination Contractor's Request for Interpretation Transmittal Construction Progress Documentation Weekly Progress Report PeIiodic Observation Report Non-Conforming Work Notice Submittal Procedures Transmittal Form Special Procedures Quality Control Closeou t Procedures Contractor's Request for Substantial Completion Inspection Consultant's Notification of Readiness for Substantial Completion Inspection Consultant's Letter Establishing Substantial Completion Date Contractor's Request for Final Completion Inspection Consultant's Notification of Readiness for Final Completion Inspection Consultant's Letter Establishing Final Completion Date The School Board of Broward County, Florida Agreement Form Docwnent 00520 October 1, 1996 (IU: May 20. 1997)(R2 12/4/00 DR) (R3 11/21/01 DR) (R4 12/17/02 DR) page 3 '-' ....",,¡ 02821 Division 2 -- Site Construction Chain Link Fences and Gates 5 Division 17 - Environmental Permits Environmental Permits 22 Division 18-Geoweb System Infonnation Geoweb System Information 8 ARTICLE 3. CONTRACT SUM. 3.01 The Owner shall pay. and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder, the fixed price of: One Hundred Nineteen Thousand Four Hundred Fifty Nine Dollars $119,459 which shall constitute the Contract Price. which shall not be modified except by Change Order or by Unit Prices, if any, as provided in the Contract Documents, ARTICLE 4. TIME FOR CONTRACTOR'S PERFORMANCE. . 4.01 Upon execution of the contract by both the successful Bidder and the Owner. submittal of the required performance and payment bonds. certificates of insurance. and receipt and approval of the required post-bid information. the Owner will issue Document 00550. Notice to Proceed which will stipulate the commencement date for the Work. 4.02 The Contractor shall commence the performance of the Work on the date stipulated on Document 00550. Notice to Proceed. and shall diligently continue its performance to and until final completion of the Project. 4.03 Required date(s) of Substantial Completion 4.03.01 The Contractor shall accomplish Substantial Completion of the Work on or before: 41 Consecutive Calendar Days 4.03.02 In the event the Work involves more than one phase. then the commencement and Substantial Completion dates for each phase are as follows: Phase Commencement Date: Required Substantial Completion Date 4.04 Liquidated Damages for Substantial Completion: The School Board of BJoward County. Florida Agreement Fonn Docwnent 00520 October 1. 1996 (Rl: May 20. 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) page 4 '-' ..." 4,04.01 The Contractor shall pay the Owner the sum of: Two Hundred Dollars $200.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. 4.04.02 In the event more than one phase is involved. then the liquidated damages due for each phase shall be as follows: Phase Phase Phase Dollars $ Dollars $ Dollars $ 4.04.03 Owner and Contractor acknowledge that any sums due and payable hereunder by the Contractor shall be payable. not as a penalty. but as liquidated damages representing a reasonable estimate of delay damages. inconvenience. additional overhead and costs. likely to be sustained by the Owner. estimated at the time of executing this Contract. If the Owner reasonably believes in its discretion that Substantial Completion will be delayed. the Owner shall be entitled, but not required. to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when in its discretion the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment. the Owner shall promptly release to the Contractor those funds withheld. but no longer applicable. as liquidated damages, 4.04.04 Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. 4.04.05 Substantial Completion. in the context of this Contract, does not refer to any prior dates wherein the Owner employs other contractors to work on the Sarrle site of the Project or Work. ARTICLE 5. SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 5.01 Substantial Completion: 5.01.01 When the Contractor believes that Substantial Completion has been achieved. the Contractor shall notify the Project Consultant in writing and shall provide to the Project Consultant a listing of those matters yet to be finished. The Project Consultant will determine whether the Work (or portion thereof) is appropriately ready for a Substantial Completion Inspection. 5.01.02 If the Work is determined to be ready for a Substantial Completion Inspection, the Project Consultant and Owner will thereupon conduct an inspection of the Work to detennine if the Work is, in fact, substantially complete and establish a list of items necessary for the Contractor to correct or finish. When Substantial Completion has been granted as evidenced by the Substantial Completion Inspection, the Project The School Board of Broward County, Florida Agreement Fonn . Document 00520 October 1,1996 (R1: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DHl (R4 12/17/02 DH) page 5 '-' """" Consultant will issue a letter formally establishing the Substantial Completion Date for the Work or portion thereof. 5.01.03 Up on Substantial Completion. the Owner shall pay the Contractor an aIT10unt sufficient to increase total payments to the Contractor to the Contract Price. less any amounts attlibutable to liquidated damages, together with two hundred percent (200%) of the reasonable costs (as determined by the Owner at its sole discretion), for completing all incomplete work. correcting and bringing into conformance all defective and nonconforming Work and handling any outstanding or threatened claims or any other matters which could cause the Owner damage. cost, expense or delay. 5.02 Final Completion: 5.02.01 When the Contractor believes that the Work. or portion thereof. is finally complete and is ready for a final inspection. the Contractor shall notify the Project Consultant. in writing. The Project Consultant will then determine whether the Work (or portion thereof) is appropriately ready for a Final Completion Inspection. 5.02,02 If the Work is detennined to be ready for a Final Completion Inspection. the Project Consultant and Owner will thereupon conduct an inspection of the Work to determine if the Work is. in Tact. finally complete. When Final Completion has been granted as evidenced by the Final Completion Inspection. the Project Consultant will issue a letter formally establishing the Final Completion Date for the Work or portion thereof. 5.02.03 When the Project Consultant and Owner confinns that the Project is complete in full accordance with the Contract Documents and has passed all required inspections, including but not limited to those required by the State Department of Education, and/or from any and all governmental bodies, boards. entitles, etc., and that the Contractor has performed all of its obligations to the Owner, the Project Consultant will provide a final Approval for Payment to the Owner certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Prtce, less any amount withheld pursuant to Contract Documents. 5.03 Liquidated Damages for Final Completion: 5.03.01 If the Contractor fails to achieve final completion within 20 days of the date of Substantial Completion. the Contractor shall pay the Owner the sum of: Two Hundred Dollars $200.00 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth for final completion of the Work. 5.03,02 In the event the Project involves more than one phase, then the final completion date and liquidated damages amount for each phase shall be as follows: Phase Phase Phase The School Board of Broward County. Florida Agreement Form Document 00520 OctOber 1, 1996 (R1: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) page 6 Dollars $ Dollars $ Dollars $ '-' ...." 5.03.03 Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing a reasonable estimate of delay damages, inconvenience. additional overhead and costs likely to be sustained by the Owner. estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be unexcusably delayed, the Owner shall be entitled, but not required, to \Vithhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays, 5.04 Prior to being entitled to receive final payment. andas a condition precedent thereto. the Contractor shall provide the Owner, in the form and manner required by Owner. if any, with a copy to the Project Consultant. of the following: 5.04.01 An affidavit that all of the Contractor's obligations to subcontractors, laborers. equipment or suppliers, or other third parties in connection with the Project, have been paid or otherwise satisfied; 5.04.02 Such other documents as required by the Owner from each subcontractor, lower tier subcontractor. laborer. supplier or other person or entity who has or I11ight have a claim against the Owner; 5.04.03 All product warranties, operating manuals, instruction manuals and other things or documents customarily required of the Contractor, or reasonably required by Owner, including but not limited to those required elsewhere in the Contract Documents, as part ofits Project Closeout procedures; 5.04.04 The Owner shall, subject to its rights set forth in the Contract Documents, make final payment of all sums due the Contractor within thirty (30) days of the final Approval for Payment. - 5.04.05 The Owner and Project Consultant may acknowledge satisfactory completion and accept the Work notwithstanding the existence of certain items of Work which are incomplete. As set forth in Article 5.03,03 of Article 5 hereof, the Owner may, but is not obligated to guarantee completion of incomplete items of Work by escrowing funds equal to two hundred (200%) percent of the estimated cost of the incomplete Work and shall establish a' reasonable date by which all incomplete Work must finally be complete. ARTICLE 6. TIME AND DELAYS. 6.01 All time in the Contract Documents is calculated on a consecutive calendar day basis. 6.02 Time is of the essence in this Contract. and any breach of same shall go to the essence hereof, and Contractor. in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all . reasonable hindrances and delays incident to his work. 6.03 Contractor agrees to commence the Work when directed by Owner and to diligently and continuously perfonn such Work and to coordinate the Work with other Work being performed on the Project 'by other trades so that the Owner shall not be The School Board of Broward County. Florida Agreement Form Docwnent 00520 October 1,1996 (Rl: May 20. 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) page 7 '-' ..." delayed by any act or omission of Contractor in completion of the Project within the time specified above. 6.04 Contractor shall make payments promptly to its vendors. subcontractors, suppliers and for labor. material and equipment used by it in the performance of his work. 6.05 The Contractor shall not be entitled to any claim for damages or an extension of Time on account of hindrance or delays from any cause whatsoever. but if caused by . any act of God or active interference on the part of the Owner. such act, hindrance, or delay may only entitle the Contractor to receive an extension of time as its sole and exclusive remedy. 6.05.01 Adverse weather such as ram is not to be considered to be an Act of God unless it exceeds the ten (I 0) year average as published by the National Weather Service (or equivalent organization acceptable to the Owner at its sole discretion) for that time of year in Broward County. 6.05.02 An extension of time to complete the Work shall be determined by the Owner provided that the Contractor provides the Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 6.05.03 In the event the request for extension is not made in writing within that twenty (20) day time period. Contractor acknowledges and agrees it has forever waived any and all rights to such an extension. 6.05.04 All extensions of time shall be authorized only by a written change order executed by the Owner and Project Consultant. 6.05.05 This "no damage for delay" clause will encompass any damages for delay or disruption even if the Contractor completes construction of the Work in a timely fashion irt accordance With this Contract·· 6.05.06 Damages as referenced in this "no damage for delay" shall include any type of damages that are or could be awarded by any court or arbitration panel such as. by way of general example. but not limitation. tort. contract, strict liability. consequential damages. liquidated damages and/or punitive damages. 6.05.07 By way of specific example but not limitation. damages as referenced within this clause includes loss of use. loss of profits. labor inefficiency. loss of bonding capacity. overhead and repair costs. costs of capital replacement. loss of wages. pain and suffering. loss of production costs to replace facilities. equipment and/or product loss, increased and/or extended home office overhead. increased general conditions. costs of mobilization and demobilization. decrease in value. and/ or any other damage or loss. 6.05.08 The Contractor recognizes and specifically acknowledges the tenns and conditions of the "no damage for delay" clause upon execution of this Contract. ARTICLE 7. CONTRACT BONDS The School Board of Broward County, Florida Agreement Form' Document 00520 October 1. 1996 (Rl: May 20. 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) page 8 ~ .., 7.01 The Contract shall become effective and in full force upon the execution of this agreement. concurrently v..ith the delivery of a bond issued by a Surety Company acceptable to Owner in its sole discretion, such Surety being qualified and rated in accordance with Article 42.09 of Document 00700, General Conditions of the Contract. and approved by the United States Treasury Department and licensed to do business in the State of Florida. 7,02 This Agreement must be executed and signed by a resident agent having an office in Florida, representing such Surety Company, for one hundred per cent (100%) of the Contract price. said bond guaranteeing the performance of this Contract and as security for the payment of all persons perfOrming labor and providing materials in connection with this Contract. 7.03 The fonn of Bonds required is included elsewhere in the Contract Documents. This is in addition to any bonds of subcontractors or others. ARTICLE 8. NOTICES 8.01 Any notices provided for hereunder shall be in writing and may be served either personally on the authorized representative of the receiving party at the jobsite. with a copy via telecopier or facsimile to the addresses shown below, or by registered mail or oveITIight delivery/courier service (e.g.. Federal Express) to that party at the addresses shown below: Party: Owner: The School Board of Broward County, Florida With Copy To: The School Board of Broward , Coünty. FlôÌida Contractor: Native Technologies, Inc. Surety: ACSTAR Insurance Company Surety's Agent: Henry W. Nozko Project Consultant: Keith and Schnars, P.A. Address: 1700 SW 14th Court Fort Lauderdale. FL 33312 Attn: Michael Garretson. Deputy Superintendent 1700 SW 14th Court . Fort Laiidërdale, FL33312 Attn: Robert Krtckovich. Project Manager 3215 NW 10th Terrace. # 209 Ft. Lauderdale, FL 33309 Atm: Robert B. Miller 233 Main Street P.O. Box 2350 New Britain, CT 06050-2350 233 Main Street P.O. Box 2350 New Britain, CT 06050-2350 6500 N. Andrews Ave. Fort Lauderdale, FL 33309 8.02 These addresses may be changed by either of the parties by written notice to the other party. The School Board of Broward County, Florida Agreement Form. Docwnent 00520 OctOber 1, 1996 (Rl: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12[17/02 DH) page 9 '-' ...., In witness thèreof, the said Contractor, Native Technologies, Inc., and the Owner, The School Board of Broward County, Florida, have caused this contract to be executed and their corporate seals affixed by and through theÌI proper officers, thereunto duly authorized, on this day and year first above written. OWNER CONTRAcroR THE SCHOOL BOARD OF aROWARD COUNTY, FLORIDA NATIVE TECHNOLOGIES, me. ,,\ C;':¡ ~.I ~. l \ ES~t~~. /!' '. sy;'<. - !/J/f(//"--- ~s Wexler, Chair By: (i4fJJ Robert B. Milk:r, Senior Vice President SEf.L : '. / '. / {..') 0 . .....' r. Witness or Attest Secretary (Contractor) &k,¡'>. ~/ ._ I ~ d Bid Barbara Hess, Marketing an CoorsHna tor Approved The School Board of Browarcl COUl1ty, Florida Acrcement Form Document 00520 October 1, 1996 (R1: May 20, 1997)(R212/4/DO DH) (R3 11/21/01 DRI (R4 12/17/02 DR) Pace 11 '-' ..." ACKNOWLEDGMENT The Surety acknowledges that it has read the foregoing Construction Contract and has familiarized itself vvith the obligations of the Contractor and the Surety as stated therein, which obligations are agreed to by Surety and are incorporated, by reference to the Construction Contract, in the Payment and Perfonnance Bonds. s~: ACSTAR Insurance Company By'~ Its: ¡..r"""r" \J r¡¡":,:'rn. Jr.. Prestdent . Date: 9/2/03 STATE OF Connecticut COUNTY OF Hartford The foregoing instrument was acknowledged before me this ?nr' day of Se'Jtembe,r 2003 by Henry w. Noz~o, Jr., President of ACSTAR I~sur~nce CCffi)2ny , on behalf of the corporation or agency, He/she i~onally kn~to me or produced did/did not first take an oath. as identification and My commission expires: ~ 3~dCO~ DANIELLE PARE NOTARY PUBLIC MY COMMISSION EXPIRES OCT. 31,2006 ignature - Notary Publ c D;;,JÜel1~ P,:.re Printed Name of Notary , , Notary's Commission No. The School Board of Bróward County, Florida 0 Açeement Form Document: 0052 October 1, 1996 (R1: May 20, 1997)(R.2 12/4/00 DR) (R3 11/21/01 DR) (R4 12/17/02 DR) Page 12 . -. - ~~~ . '-' ...", - -- - --- The School Board of Broward County, Florida Facilities and Construction Management Division 1700 SW 14th Court Fort Lauderdale, FL 33312 (954) 765-6390 Document 00436: Schedule of Unit Prices Project No: Project Title: Facility Name: 3041-96-08 Mitigation Project at Winston Park Winston Park Section One-A Preservation Area Unit prices quoted below will be utilized by the Owner as the basis for pricing possible fu ture additions to or deletions from the Work. Unit prices quoted on this Document will not form part of the basis for award of the Contract. Estimated quantities shown below are "sample" quantities utilized for accounting purposes only and cannot be guaranteed to represent an actual amount or quantity of labor, services, or materials required to complete the Work. Item Designation No. (Refer to Secrion 01270, Unit Prices) Unit of Unit of Price Measure (Dollar / Cents) Estimated Quantity Total Price (DoUarjCents) 1. Mobilization LS 1 -0- -0- 2. Initial Exotic/ Nuisance Control, Species Removal Area Initial Exotic/Nuisance Control, Species Treatment In Place Area Silt Fence AC 2.05 $6,170.74 $12,650.02 3. AC 4.00 $1,196.75 $ 4,787.00 4. LF $ 1.04 1542 $ 1,603.68 5. Clear and Grub for trails Sy 884.0 $ 0.77 $ 680.68 6. Excavation for Geoweb Section of Trail (6" Deep) Sy 685.3 7. Geotextile (Mirafi HS 1400)(F&l) SY $ $ 13.45 685.3 $ 9,217.28 8.45 $ 5, 790 . 78 8. Geoweb (including #57 Stone in fill and 2" over fill) (F&I) SY 685.3 $ 22.53 $15,439.81 9. Mulch for trails (F&I) (5" Thick) 10. Coco Plum(Chrysobalanus caco) (3gal) (2'-3' Ht) (F&I) (Including Required Mulch) SY EA $ 5.41 884.0 218 $ 4,782.44 $ 8.79 $ 1,916.22 11. Wax Myrtle (Myrica cerifera) (3 gal) (2'-3' Ht) (F&I) (Including Required Mulch) 12. Firebush (Hamelia Patens) (3gal) 2'-3' Ht)(F&I) (Including Required Mulch) EA 220 $ 8.79 $ 1.935.00 EA 218 $ 8.22 $ 1, 791 . 96 Itezn Designation The School Board of Broward County, Florida Schedule or Unit Prices Oc:toh..,. 1. 1996 Unit of Unit of Price Estimated Total Price Document o()436 Pagel '-' ...., The School Board of-Broward County, Florida Facilities and Construction Management Division 1700 SW 14th Court Fort Lauderdale, FL 33312 (954) 765-6390 13. Document 00436: Schedule of Unit Prices (Refer to Section 01270, Unit Prices) Measure (Dollar I Cents) Quantity (Dollar / Cents) Fertilizer TN $ 1.64 693.29 $ 1, 13 7. 00 Bimonthly maintenanct'. treatment EA 6 for first year (exotic plant control and $2,279.33 $13,675.98 installed. plants care) Quarterly maintenance treatment for EA 16 four years (exotic plant control and $2,652.75 $42,444.00 installed plants care) Fence Gate (F&I)(Double Swing AS 1 Gates 12' opening) $1,520.00 $1,520.00 Fence Removal LF 50 $ 1. 76 $ 88.00 No. 14. 15. 16. 17. Submitted By: Company Name & Address: Native Technologies, Inc. 3215 NW 10 Terrace, #209 Fort Lauderdale, FL 33309 ~~ Signature Robert B. Miller Senior Vice President Phone: (954) 523-5236 Title .. The SChool Board of Broward County, Florida SchedUle of Unit Prlcea Octo~r 1, 1996 Document 00436 Page 2 ,~f~LN t· ~' a lve '" Technologies, ~ """" Inc.™ 3215 NW 10th Terrace, Suite 209 Fort Lauderdale, Florida 33309 Phone 954.523.5236 . 888.301.1707 Fax 954.462.7011 www.nativetechnologiesinc.com January 19,2005 .,..-... Mr. James R. David Director St. Lucie County Mosquito Control Distrist 3150 Will Fee Road Fort Pierce, FL 34982 REcrt"l~n ¡ . ...Ii-' I JM:2~-~ I MOS . U ITO CONTROLl Re: Saint Lucie County Mosquito Control District Planting at Impoundment 17A Dear Mr. David: Wildcat Cove Pursuant to your request for a proposal to repair the minrt"Cre-et< project, a project purchased with Federal funds, attached please find a contract between Native Technologies, Incorporated and The Broward County School Board. This contract covers the planting of various trees and shrubs, The contract bears a fee of $8.79 per Coco Plum, $8,79 per Wax Myrtle and $8.22 per fire bush. Based on the quantity of plants for Impoundment l7A, (800 coco plum x $8.79 + 800 wax myrtle x $8.79 + 600 fire bush x $8.22 == a total cost of $18,996.00). As you will note our cost estimate to the county indicates that NIl will perform this work for a total cost of$18,946.00. In closing, the price quoted for the impoundment 17 A planting work includes of all labor, material, supervision and incidental to complete the work and is based on a comparable contract awarded under a competitive bid situation. As we have demonstrated in the past, it is our goal to perform our work in an expeditious manner and under the estimated budget amount. Should you have any questions or need additional information, please let me know, ~. Robert B. Miller Senior Vice President State Certificate # CB·C038946 Printed on recycled paper @ · .~.~L. 'w' 1i NatIve ,~ Technologies. 'WI Inc.™ 3215 NW 10th Terrace, Suite 209 Fort Lauderdale, Florida 33309 Phone 954.523.5236 . 888.301.1707 Fax 954.462.7011 www.nativetechnologiesinc.com CLIENT: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PROJECT: PLANTING A TIMPOUNDMENT 17A PROJECT LOCATION: ST. LUCIE COUNTY, FLORIDA DATE: January 19,2005 Native Technologies Incorporated (NT!) shall perform the work as outlined In the fonowing scope of services: VEGETATION TREATMENT AND REMOVAL: 1. NTI shall provide all labor, equipment, and supervlSlon nècessary to plant approximately (800) three-gallon Wax Myrtle, (800) three-gallon coco plum and (600) three-gallon fire bush. OTHER CONDITIONS: 1. Contractor shall not be responsible for acts beyond its reasonable control or negligence by others including inappropriate engineering or design. 2. Owner shan be responsible for obtaining any and all permits required for the above stated work prior to NTI commencing work and at no cost to Native Technologies, Inc. 3. Invoices submitted for work completed shall be paid within 30 day of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. This proposal shall be valid for 30 days, 6. This work may be piggybacked onto the School Board of Broward contract. GY State Certificate # CB·C038946 Printed on recycled paper @ ~ 'wi NOT INCLUDED: 1. Maintenance, monitoring, aerial photographs, water and/or soil sampling and associated laboratory analysis, continuous hydrographs, surveys, orange barricade fencing, as-built surveys, maintenance of traffic. CONTRACT FEE: 1. NT! agrees to perform the Planting services stated above for the sum of $18,946.00. Submitted by: Accepted by: ~Q Robert B. Miller Senior Vice President Native Technologies, Inc. 2 '-' ""'" ~ - ~:""" - -- - - vIII THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 1700 Soutbwe~t 14'· Court· FORT LAUDERDALE, FLORIDA 33312 . TEL 954-768-8643. FAX 1t54-765-6079 Michael C. Garretson Deputy Superintendent Facililies & Construction Managemem SCHOOL BOARD March 24, 2004 Chair CAROLE L ',,"DREWS l'ìcc Chair STEPHANIE AR.'-1A KRAfT. ESQ n;DlE S. BLDNICK DARL."'- L CARTER BEVERl.Y A GALLAGHER DR. ROBERT D. P.'\.RK.S MARIT RUBINSTE1:-.' LOIS WEXLER BENJA.vtll' J. WILUA.'v1S By Facsirrúle (954) 462-7011 and US Mail DR. fRA.\IK nLL SôJpenn/elldem Df Schools Robert tvfiller Native Technologies, Inc. 3215 NW 10th Terrace Suite 209 Ft Lauderdale, Florida 33309 Subject: Agreement between The School Board of Beoward County, Florida (the "Board") and Native Technologies, Inc. ("Native TechÍ1ologies"), Mitigation Project (Landscaping), Project No. 3091-96-08 at Winston Park Nature Center I am wri ting regarding the Agreement between The School Board of Broward County, Florida (the" Board ") and Native Technologies, Ine.' ("Native Technologies"), 1vlitigation Project (Landscaping), Project No. 3091-96-08 at Winston Park Nature Center (the "Contract"). The Board awarded the Contract as a competitive procurement lmder the Board's Procurement Policies, Rule Number 3320. - - -. The Board has no objection to St. Lucie County or any other government entity from making a purchase directly with Native Technologies under the Contract consistent with Rule 3320, Part I, sections 0 and V, which permit the Board to make similar purchases. Any direct contract bernreen St. Lucie County or any other government entity and Native Technologies shall have no effect on the Contract, and the Board shall have no obligations or liabilities under any such direct contract. Ii you have any questions, please call me at 954-768-8345. sin~k ~hae¡ C. G'aetson Deputy Superintendent MCG:dh Trans/ormlng Education Ol1e Student ar A Time BrOI."ard COllney PublIC: Sch(Jols Is An Equal Oppol'lliJ1lt}1Eqlial Access Emplover '-' w Document 00520 Agreement Form THIS AGREEMENT made and entered into this 2nd day of September, 2003, by and between THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA (hereinafter referred to as "Owner" and (hereinafter referred to as "Contractor"), Native Technologies, Inc. WHEREAS, Owner is the owner of certain real property located in Broward County and Owner desires to have: Mitigation Project (Landscaping) Project No. 3091-96-08 at Winston Park Nature Center constructed pursuant to drawings, specifications and other design documents prepared by Keith and Sclmars. P.A. (hereinafter referred to as "Project Consultant"). WHEREAS, the Contractor is desirous of performing the Work in accordance with the Contract Documents and all applicable laws, codes and ordinances. NOW THEREFORE, in exchange for the mutual covenants and promises set forth herein and the sums of money agreed to be paid by the Owner to Contractor, the parties agree as follows: ARTICLE 1. ENTIRE AGREEMENT. 1.01 This Construction Contract, along with the Contract Documents consisting of the Agreement Fonn. M/WBE Program Requirements, Documents contained in the Project Manual. General and Supplementary Conditions, Addenda, Drawings, Specifications. and modifications issued after execution of the Contract embodies the entire agreement between Owner and Contractor and supersedes all other WIitings. oral agreements. or representations. 1.02 The parties shall not be bound by or be liable for any statement, representation, promise. inducement or understanding of any kind or nature not set forth herein. 1.03 NO CHANGES, AMENDMENTS OR MODIFICATIONS OF ANY OF THE TERMS OR CONDmONS OF THE COmRACf SHALL BE VALID UNLESS REDUCED TO WRITING AND SIGNED BY BOTH PARTIES. The School Board of Broward County, Florida Agreement Form Document 00520 OctOber 1,1996 (Rl: May 20, 1997)(R2 12/4/00 DR) (R3 11/21/01 DH) (R4 12/17/02 DR) page 1 '-' ...., ARTICLE 2. ENUMERATION OF THE CONTRACT DOCUMENTS. 2,01 2.02 Drawing Nwnber Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 The Contract Documents consisting of the Agreement Form, M/\VBE Program Requirements, Documents contained in the Project Manual, General and Supplementary Conditions. Dra\Vings, Specifications, and all Addenda and modifications issued after execution of the Contract thereto together form the Contract, and they are fully a part of the Contract as if written herein word for word. The following is an enumeration of the Drawings and Project Manual for this Project: The Drawings: Drawing Title Title Sheet and Location Map Vicinity Map Winston Park Section One Preservation Area, Page 1 of 2 Winston Park Section One Preservation Area, Page 2 of 2 Typical Geoweb Trail Detail Typical Trail Detail Planting Schedule and Notes Project/Planting and Notes 2.03 The Project Manual: Document Number 00001 00002 00007 00008 00010 00015 00101 00200 00215 00217 00220 00225 00300 00410 00420 00425 00433 00435 00436 00457 00460 00465 Docwnent Title Project Title Page Proj ect Directory Professional Seals Page Prequalifica1ion oj Contractors Notice Table of Contents List of Drawings Advertisement for Bids Instructions to Bidders Application for Bidding Documents Bidder's Information Sheet Bidder's Request for Information Bidder's Substitution Request Information Available to Bidders Bid Form Bid Security Form Certificate of Intent Subcontractors List Schedule of Values Schedule of UIÚt Prices Drug-Free Workplace Certification Trench Act Compliance Statement MWBE Program Requirements Number of Pages 1 1 1 1 3 1 2 20 1 4 1 2 6 4 2 1 2 2 2 2 1 1 The School Board of Broward County, Florida Agreement Form Docwnent 00520 October 1, 1996 (Rl: May 20, 1997)(R2 12/4/00 DR) (R3 11/21/01 DH) (R4 12/17/02 DH) page 2 00485 00505 00510 00520 00550 00600 00610 00620 00625 00640 00700 00910 00920 01110 01250 01250a 01250b 01250c 01250d 01250e o 1250f 01250g 01270 01290 01290a 01310 o 1310a o 1310b 01320 01320a 01320b 01320c 01330 01330a 01350 01450 o 1 770 01770a 01770b 01770e 01770f 01770g 01770h ~ "w1I Monthly MWBE Subcontractors UWization Report Notice of Intent to Award Notice of Award Agreement Form Notice to Proceed Performance Bond Form Payment Bond Form Subcontractor's Performance Bond Subcontractor's Payment Bond General Release and Full Release of Lien General Conditions of the Contract Addenda School Board Policy 7011- Prequalification of Contractors 1 3 3 12 2 3 1 4 4 2 40 1 6 Division 1 -- General Requirements Summary of Work Contract Modification Procedures Proposal Request Change Order Request (Proposal) Proposal Worksheet Detail Proposal Worksheet Summary Construction Change Directive Project Consultant's Supplemental Instructions Change Order Unit Prices Payment Procedures Application for Payment Project Management and Coordination Contractor's Request for Interpretation Transmi ttal Construction Progress Documentation Weekly Progress Report Pertodic Observation Report Non-Conforming Work Notice Submittal Procedures Transmittal Form Special Procedures Quality Control Closeou t Procedures Contractor's Request for Substantial Completion Inspection Consultant's Notification of Readiness for Substantial Completion Inspection Consultant's Letter Establishing Substantial Completion Date Contractor's Request for Final Completion Inspection Consultant's Notification of Readiness for Final Completion Inspection Consultant's Letter Establishing Final Completion Date 6 8 1 1 1 1 1 1 1 3 4 2 10 1 1 14 1 1 1 9 1 7 11 9 1 1 1 1 1 1 The School Board of Broward County, Florida Agreement Form Document 00520 October 1, 1996 (R1: May 20. 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) page 3 '-' ...." 02821 Division 2 -- Site Construction Chain Link Fences and Gates 5 Division 17 - Environmental Permits Environmental Pennits 22 Division 18-Geoweb System Infonnation Geoweb System Information 8 ARTICLE~. CONTRACT SUM. 3.01 The Owner shall pay. and the Contractor shall accept. as full and complete payTI1ent for the Contractor's timely perfonnance ofits obligations hereunder, the fixed price of: One Hundred Nineteen Thousand Four Hundred Fifty Nine Dollars $119,459 which shall constitute the Contract Price, which shall not be modified except by Change Order or by Unit Prices. if any, as provided in the Contract Documents. ARTICLE 4. TIME FOR CONTRACTOR'S PERFORMANCE. 4.01 Upon execution of the contract by both the successful Bidder and the O'-'VI1er. submittal of the required performance and payment bonds, certificates of insurance, and receipt and approval of the required post-bid information, the Owner will issue Document 00550, Notice to Proceed which will stipulate the commencement date for the Work. 4,02 The Contractor shall commence the performance of the Work on the date stipulated on Document 00550. Notice to Proceed. and shall diligently continue its performance to and unW final completion of the Project. 4.03 Required date(s) of Substantial Completion 4.03.01 The Contractor shall accomplish Substantial Completion of the Work on or before: 41 Consecutive Calendar Days 4.03.02 In the event the Work involves more than one phase, then the commencement and Substantial Completion dates for each phase are as follows: Phase Commencement Date: Required Substantial Completion Date 4.04 Liquidated Damages for Substantial Completion: The School Board of Broward County. Florida Agreement Form Docwnent 00520 OctOber 1. 1996 (Rl: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) page 4 '-' ...." 4.04.01 The Contractor shall pay the Owner the sum of: Two Hundred Dollars $200,00 per day for each and every calendar day of unexcused delay in achieving SubstanUal CompleUon beyond the date set forth herein for Substantial Completion, 4.04.02 In the event more than one phase is involved, then the liquidated damages due for each phase shall be as follows: Phase Phase Phase Dollars $ Dollars $ Dollars $ 4,04.03 Owner and Contractor acknowledge that any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing a reasonable estimate of delay damages, inconvenience, additional overhead and costs, likely to be sustained by the Owner, estimated at the time of executing this Contract. If the Owner reasonably believes in its discretion that Substantial Completion will be delayed, the Owner shall be entitled, but not required, to withhold from any amounts otheIWise due the Contractor an cunount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when in its discretion the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 4.04.04 Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. 4.04,05 Substantial Completion, in the context of this Contract, does not refer to any prior dates wherein the Owner employs other contractors to work on the same site of the Project or Work. ARTICLE 5. SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 5.01 Substantial Completion: 5.01.01 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the Project Consultant in writing and shall provide to the Project Consultant a listing of those matters yet to be finished. The Project Consultant will determine whether the Work (or portion thereof) is appropriately ready for a Substantial Completion Inspection. 5.01.02 If the Work is determined to be ready for a Substantial Completion Inspection, the Project Consultant and Owner will thereupon conduct an inspection of the Work to determine if the Work is, in fact, substantially complete and establish a list of items necessary for the Contractor to correct or finish. When Substantial Completion has been granted as evidenced by the Substantial Completion Inspection, the Project The School Board of Broward County, Florida Agreement Fonn Document 00520 OctOber 1, 1996 (R1: May 20, 1997)(R2 12/4/00 DR) (R3 11/21/01 DR) (R4 12/17/02 DH) page 5 '-' ""'" Consultant \Vill issue a letter fonnally establishing the Substantial Completion Date for the Work or portion thereof. 5.01.03 Up on Substantial Completion, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to the Contract Price, less any amounts attrtbutable to liquidated damages, together with two hundred percent (200%) of the reasonable costs (as detennined by the Owner at its sole discretion), for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming Work and handling any outstanding or threatened claims or any other matters which could cause the Owner damage, cost, expense or delay, 5.02 Final Completion: 5.02,01 When the Conti-actor believes that the Work, or portion thereof, is finally complete and is ready for a final inspection, the Contractor shall notify the Project Consultant. in writing. The Project Consultant will then determine whether the Work (or portion thereof) is appropriately ready for a Final Completion Inspection. 5.02.02 If the Work is detennined to be ready for a Final Completion Inspection, the Project Consultant and Owner will thereupon conduct an inspection of the Work to determine if the Work is, in fact, finally complete. When Final Completion has been granted as evidenced by the Final Completion Inspection. the Project Consultant will issue a letter formally establishing the Final Completion Date for the Work or portion thereof. 5,02.03 When the Project Consultant and Owner confirms that the Project is complete in full accordance with the Contract Documents and has passed all required inspections, including but not limited to those required by the State Department of Education, and/or from any and all governmental bodies, boards, entitles, etc., and that the Contractor has performed all of its obligations to the Owner, the Project Consultant will provide a final Approval for Payment to the Owner certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract PIice. less any amount withheld pursuant to Contract Documents. 5.03 Liquidated Damages for Final Completion: 5,03.01 If the Contractor fails to achieve final completion within 20 days of the date of Substantial Completion, the Contractor shall pay the Owner the sum of: Two Hundred Dollars $200,00 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth for final completion of the Work. 5.03.02 In the event the Project involves more than one phase, then the final completion date and liquidated damages amount for each phase shall be as follows: Phase Phase Phase The School Board of Broward County, Florida Agreement Form Document 00520 OctOber 1,1996 (Rl: May 20, 1997)(R2 12/4/00 DR) (R3 11/21/01 DR) (R4 12/17/02 DR) page 6 Dollars $ Dollars $ Dollars $ '-' 'wi 5.03.03 Any sums due and payable hereunder by the Contractor shall be payable. not as a penalty. but as liquidated damages representing a reasonable estimate of delay damages. inconvenience. additional overhead and costs likely to be sustained by the Owner. estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be unexcusably delayed. the Owner shall be entitled. but not required. to Vlithhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. 5.04 Prior to being entitled to receive final payment. and as a condition precedent thereto, the Contractor shall provide the Owner. in the form and manner required by Owner, if any, with a copy to the Project Consultant. of the following: 5.04.01 An affidavit that all of the Contractor's obligations to subcontractors. laborers, equipment or suppliers. or other third parties in connection with the Project. have been paid or otherwise satisfied; 5.04.02 Such other documents as required by the Owner from each subcontractor, lower tier subcontractor, laborer. supplier or other person or entity who has or might have a claim against the Owner; 5.04,03 All product warranties, operating manuals. instruction manuals and other things or documents customarily required of the Contractor. or reasonably required by Owner, including but not limited to those required elsewhere in the Contract Documents. as part of its Project Closeout procedures; 5.04.04 The Owner shall, subject to its rights set forth in the Contract Documents. make final payment of all sums due the Contractor within thirty (30) days of the final Approval for Payment. - 5.04.05 The Owner and Project Cortsultant may acknowledge satisfactory completion and accept the Work notwithstanding the existence of certain items of Work which are incomplete. As set forth in Article 5.03.03 of Article 5 hereof, the Owner may. but is not obligated to guarantee completion of incomplete items of Work by escrowing funds equal to two hundred (200%) percent of the estimated cost of the incomplete Work and shall establish a' reasonable date by which all incomplete Work must finally be complete. ARTICLE 6. TIME AND DELAYS. 6.01 All time in the Contract Documents is calculated on a consecutive calendar day basis. 6.02 Time is of the essence in this Contract. and any breach of same shall go to the essence hereof, and Contractor, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. 6.03 Contractor agrees to commence the Work when directed by Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project 'by other trades so that the Owner shall not be The School Board of Broward County. Florida Agreement Form. Docwnent 00520 OctOber I, 1996 (R1: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) page 7 '-' 'W delayed by any act or omission of Contractor in completion of the Project within the time speciñed above. 6.04 Contractor shall make payments promptly to its vendors, subcontractors. suppliers and for labor, material and equipment used by it in the performance of his work. 6.05 The Contractor shall not be entitled to any claim for damages or an extension of Time on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the Owner, such act, hindrance, or delay may only entitle the Contractor to receive an extension of time as its sole and exclusive remedy. 6.05.01 Adverse weather such as rain is not to be considered to be an Act of God unless it exceeds the ten (10) year average as published by the National Weather Service (or equivalent organization acceptable to the Owner at its sole discretion) for that time of year in Broward County. 6.05.02 An extension of time to complete the Work shall be determined by the Owner provided that the Contractor provides the Owner with notice in Writing of the cause of said act, hindrance or delaywithin twenty (201 days after its occurrence. 6,05.03 In the event the request for extension is not made in Writing within that twenty (20) day time period, Contractor acknowledges and agrees it has fortver waived any and all rights to such an extension. 6.05.04 All extensions of time shall be authorized only by a written change order executed by the Owner and Project Consultant. 6.05.05 This "no damage for delay" clause will encompass any damages for delay or disruption even if the Contractor completes construction of the Work in a timely fashion ill accordance With this Contract. . 6,05.06 Damages as referenced in this "no damage for delay" shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example,: but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages, 6.05.07 By way of specific example but not. limitation, damages as referenced within this clause includes loss of use, loss of profits, labor inefficiency, loss of bonding capacity, overhead and repror costs, costs of capital replacement, loss of wages. pain and suffering, loss of production costs to replace facilities, equipment and/or product loss, increased and/or extended home office overhead, increased general conditions. costs of mobilization and demobilization, decrease in value, and/ or any other damage or loss. 6.05.08 The Contractor recognizes and specifically aclmowledges the terms and conditions of the "no damage for delay" clause upon execution of this Contract. ARTICLE 7. CONTRACT BONDS The School Board ofBroward County, Florida Agreement Form' Document 00520 October 1. 1996 (Rl: May 20, 1997)(R2 12/4/00 DR) (R3 11/21/01 DR) (R4 12/17/02 DH) page 8 '-' ...., 7.01 The Contract shall become effective and in futi force upon the execution of this agreement. concurrently with the delivery of a bond issued by a Surety Company acceptable to Owner in its sole discretion. such Surety being qualified and rated in accordance with Article 42.09 of Document 00700, General Conditions of the Contract. and approved by the United States Treasury Department and licensed to do business in the State of Florida. 7,02 This Agreement must be executed and signed by a resident agent having an office in Florida, representing such Surety Company, for one hundred per cent (1 OO%) of the Contract price, said bond guaranteeing the perfonnance of this Contract and as secUIity for the payment of all persons performing labor and providing materials in connection with this Contract. 7.03 The Conn of Bonds required is included elsewhere in the Contract Documents, This is in addition to any bonds of subcontractors or others. ARTICLE 8. NOTICES 8,01 Any notices provided for hereunder shall be in writing and may be served either personally on the authorized representative of the receiving party at the jobsite, with a copy via telecopier or facsimile to the addresses shown below, or by registered mail or overnight delivery/courier service (e.g.. Federal Express) to that party at the addresses shown below: Party: Owner: The School Board of Broward County, Florida With Copy To: The School Board of Broward ,CÖUI1ty. FlóÍictá Contractor: Native Technologies, Inc. Surety: ACSTAR Insurance Company Surety's Agent: Henry W. Nozko Project Consultant: Keith and Schnars, P:A. Address: 1700 SW 14th Court Fort Lauderdale, FL 33312 Attn: Michael Garretson, Deputy Superintendent 1700 SW 14th Court Fòrt Lalfdërdãle, FL33312 Attn: Robert Krickovich, Project Manager 3215 NW 10th Terrace, # 209 Ft. Lauderdale, FL 33309 Attn: Robert B. Miller 233 Main Street P.O. Box 2350 New Britain. CT 06050-2350 233 Main Street P.O. Box 2350 New Britain, CT 06050-2350 6500 N. Andrews Ave. Fort Lauderdale. FL 33309 8.02 These addresses may be changed by either of the parties by written notice to the other party. The School Board of Broward County, Florida Agreement Form Document 00520 October I, 1996 (Rl: May 20, 1997)(R2 12/4/00 DR) (R3 11/21/01 DR) (R4 12/17/02 DH) page 9 \w ...., In witness thèreof, the said Contractor, Native Technologies, Inc., and the Owner, The School Board of Broward County, Florida, have:: caused this contract to be executed and their COrporate seals afIixed by and through theÌI proper officers, thereunto duly authorized, on this day and year first above written. OWNER CONTRACTOR THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA NATIVE TECHNOLOGIES, INC. " .HES~f~\"..:,< -,7 _ d -ßy:., !/~/f!//--- : . ~sWexJer, Ch8.lT By: ~ Robert B. MHlt:r, Senior Vice President SEf.L "- "> ~ ~I L / " !" ")7' 1 r. Witness or Attest Secretary (Contractor) &1.A" ~ Barbara Hess, Marketing and Bid Coordinator Tile School Board of Sroward County, Florida Acrcement Form Document 00520 October I, 1996 (Rl: May 20, 1997)~ 12/4/00 DM) (R3 11/21/01 DRI (R4 12/17/02 DB) Pace 11 'W """ ACKNOWLEDGMENT The Surety acknowledges that it has read the foregoing Construction Contract and has familiarized itself with the obligations of the Contractor and the Surety as stated therein, which obligations are agreed to by Surety and are incorporated, by reference to the Construction Contract, in the Payment and Performance Bonds. s~: ACSTAR Insurance Company Br-~ Its: H"'''r'' \\1 nr';>1,o. Jr.. Preside!lt . Date: 9/2/03 STATE OF Connecticut COUNTY OF Hartford The foregoing instrument was acknowledged before me this ?nr day of Se'Jtembe,r- 2003 by Henry W. Noz~o, Jr. President of ACSTAR I~s~r~nce CC8)eny , on behalf of the corporation or agency. He/she i~onally kn~ to me or produced did/did not first take an oath. as identification and My commission expires: ~ 3~dCOÇ:; DANIELLE PARE NOTARY PUBLIC MY COMMISSION EXPIRES OCT. 31. 20D6 Lè,.nj.ell~ ?,:"re Printed Name of Notary Notary's Commission No. The School Boaret or Brówarcl County, Florida 0 Agreement Form Document 0052 October 1,1996 (RI: Mar 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DB) (R4 12/17/02 DH) Page 12 '-' ...., ~ \5 - - -- The School Board of Broward County, Florida Facilities and Construction Management Division 1700 SW 14th Court Fort Lauderdale, FL 33312 (954) 765-6390 Document 00436: Schedule of Unit Prices Project No: Project Title: Facility Name: 3041-96-08 Mitigation Project at Winston Park Winston Park Section One-A Preservation Area Unit prices quoted below will be utilized by the Owner as the basis for pricing possible future additions to or deletions from the Work. Unit prices quoted on this Document will not form part of the basis for award of the Contract. Estimated quantities shown below are "sample" quantities utilized for accounting purposes only and cannot be guaranteed to represent an actual amount or quantity of labor, services, or materials required to complete the Work. Item. Designation No. (Refer to Section 01270, Unit Prices) Unit of Unit of Price Measure (Dolla.r/Cents) Estimated Quantity Total Price (Dollar / Cents) 1. Mobilization LS -0- 1 -0- 2. Initial Exotic/Nuisance Control, Species Removal Area Initial Exotic/Nuisance Control, Species Treatment In Place Area Silt Fence AC 2.05 $6,170.74 $12,650.02 3. AC 4.00 $1,196.75 $ 4,787.00 4. LF $ 1.04 1542 $ 1,603.68 5. Clear and Grub for trails SY $ 884.0 0.77 $ 680.68 6. Excavation for Geoweb Section of Trail (6" Deep) SY 685.3 7. Geotextile (Mirafi HS 1400)(F&1) SY $ $ 8.45 $ 5, 790 . 78 13 .45 685.3 $ 9,217.28 8. Geoweb (including #57 Stone in fill and 2" over fill) (F&I) SY 685.3 $ 22.53 $15,439.81 9. Mulch for trails (F&I) (5" Thick) 10. Coco Plum(Chrysobalanus caco) (3gal) (2'-3' Ht) (F&I) (Including Required Mulch) SY EA $ 5.41 884.0 218 $ 4,782.44 $ 8.79 $ 1,916.22 11. Wax Myrtle (Myricacerifera) (3 gal) (2' -3' Htl (F&I) (Including Required Mulch) 12. Firebush (Hamelia Patens) (3gal) 2'-3' Ht)(F&I) (Including Required Mulch) EA 220 $ 8.79 $ 1,935.00 EA 218 $ 8.22 $ 1, 791. 96 IteDl Designation The School Board of Broward County, Florida Schedule of Unit Prices Octnh.." 1. 1996 Unit of Unit of Price Estimated Total Price Document 00436 Pagel '-r ""'" The School Board of-Broward County, Florida Facilities and Construction Management Division 1700 SW 14th Court Fort Lauderdale, FL 33312 (954) 765-6390 13. Document 00436: Schedule of Unit Prices (Refer to Section 01270, Unit Prices) Measure (Dollar/Cents) Quantity (Dollar/Cents) Fertilizer TN $ 1.64 693.29 $ 1, 13 7. 00 Bimonthly maintenanc~ treatment EA 6 for first year (exotic plant control and $2,279.33 $13,675.98 installed plants care) Quarterly maintenance treatment for EA 16 four years (exotic plant control and $2,652.75 $42,444.00 installed plants care) Fence Gate (F&I)(Double Swing AS 1 Gates 12' opening) $1,520.00 $1,520.00 Fence Removal LF 50 $ 1. 76 $ 88.00 No. 14. 15. 16. 17. Submitted By: Native Technologies, Inc. Company Name & 3215 NW 10 Terrace, #209 Address: Fort Lauderdale, FL 33309 ~~ Phone: (954) 523-5236 Signature Robert B. Miller Senior Vice President Title '. The SChool Board of Broward County, nolida SchedUle of Unit Prices OctD~r 1, 1996 Document 00436 Page 2 St. Lucie Count, E.otion Cont.ol Ditt.ict '.~':~~~!'J~":~'~"::~"~';;:;;;:~~ « ,.~. ..,.".- ......-. "-__"'''-''_'''~'' '_,,"'"~' ,__.__,,,,.,,..,.~. _',,",,""''''''''U'~,. _'. V--_'M - 'j ;,;;-;;~~" T 1R~¥n'\f!i!l!fifli¡¡¡IiIIJ.I M:tf:'ItiW'!II'J M L ~'* 1~WWQI, Ii. ""¡>i 'Ø II F..nnl. H.tchln.on, Ch.I....n Ch.1s C..ft, Vie. Ch.I....n 'o..ph E. 'mlth Do.. Cow.... P..I. A. L.wls Dlst.lct NO.4 Dlst.lct NO.1 Dlst.lct No. I Dlst.lct No. Z Dlst.lct No. J AGENDA F......., ., ZOOI I. MINUTE' Approve the minutes from the meeting held on January 18, 2005. Approve the minutes from the meeting held on January 25, 2005. :a. GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANT' LI,T Approve Warrants List No. 17 and 18. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-" ..., EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 18,2005 Tape: 4 Convened: 11 :35 p.m. Adjourned: 11 :36 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mil1ie Delgado-Feliciano, Deputy Clerk 1. PUBLIC COMMENTS NONE 2. PUBLIC WORKS EROSION 3710 It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. A. The Board approved Budget Resolution No. 05-00] supporting Amendmcnt NO.2 ( Ft. Pierce Shore Protection) to Project Agreement No. 2 to Project Agreement No. 04SLl with the FDEP (C04-01-013 and authorized the Chairman to execute said Budget Resolution. B. The Board approved Budget Resolution No. 05-002 supporting Amendment No. 04SL2 (So. S1. Lucie County Beach Restoration Project with the FDEP and authorized the Chairman to execute said Budget Resolution. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court '-' ...." EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 25,2005 Tape: 2 Convened: 11 :30 a.m. Adjourned: 11:31 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held January 11, 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. 15 and 16. 2. PUBLIC WORKS EROSION 3710 The Board approved 1) Change Order No.1 increasing the contract time by 21 days, 2) release of retainage ($16,477.00) and 3) final payment No. 4 ($25,191.40 to SKS Engineering & Planning Inc., (totaling $41,668.46) contingent on approval of the release of liens by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court '-' -- 01/22/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #17- lS-JAN-200S TO 22-JAN-200S FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 292.42 0.00 GRAND TOTAL: 292.42 0.00 1 ~ ...." 01/28/05 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #18- 23-JAN-2005 TO 28-JAN-200S FUND SUMMARY- EROSION PAGE FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 17,356.58 2,994.62 GRAND TOTAL: 17,356.58 2,994.62 1