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Home My WebLink AboutAgenda Packet 04-27-04 ~ ~ ...." fr'~~iÞlË~~~~~jÆ~~- APRIL 27, 2004 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING 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 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ,-,. BOARD OF COUNTY COMMISSIONERS www.(o.st-Jude.fl.us ~<IiW',¡;¡-~)¡J3~~~ò.~~~~~ ~- ·\i!(.r~j~"';~'!U"i}' @'¡"'~';;¡"l!\"··''':'''';i''tt''.t~~J.'t~1l...~ Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No. 2 District No. 4 District No.5 April 27, 2004 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE Music Provided by St. Lucie Elementary 3rd Grade Students Jayne Hartman, Choral Director 1. MINUTES Approve the minutes of the meeting held on April 20, 2004. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-121 - Proclaiming May 3, 2004, through May 7, 2004, as "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County, Florida. - Consider staff recommendation to adopt the attached Resolution No. 04-121 as drafted. B. Announcement of the St. Lucie County Employee of the Quarter. C. St. Lucie County Board of County Commissioners Congratulates Fahwinds Golf Course For the Recognition of Being Listed in Golf Digest's "Best Places to Play" for Top Courses Averaging 50,000 Rounds a Year or More. D. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA --,~---_._----------_. ---,-"'--~_.,--~------------- PUBLIC HEARINGS 5. There are no Public Hearings scheduled for April 27, 2004 END OF PUBLIC HEARINGS ------ ~----- -- ---- ----- '-' )) ''-tJ1 ~fP " Regular Agenda[; .t; April 27, 2004 - / Page 1/'1 f,Æ Æ 6. / ~1RAL SERVICES (JkP' J Approval of Selection Committee's recommendation to move forward with the Design/Build Expansion of V the St. Lucie County Correctional Facility by Centex Rooney/Schenkel Shultz - Consider staff recommendation to approve the Centex Rooney/Schenkel Shultz as the Design/Build Firm for the Rock Road Correctional Facility Expansion Project at a fixed firm price of $18,955,000.00, approve total funding of $20,500,000.00, and authorize the Chairperson to sign the contract as prepared by the County Attorney. 7. GROWTH MANAGEMENT Appointment of a Board Member to the Corridor Management Entity - Crtper staff recommendation to appoint a Board member to the Corridor Management Entity. t~ ADMINISTRATION II .!/ 8. A. Bi-weekly Committee Reports - The Board will provide committee and advisory board updates. B. Off Road Vehicle Plan - Discussion by Comm. Barnes '-' ....,¡ CONSENT AGENDA April 27. 2004 1. WARRANTS LISTS Approve warrants list No. 32 2. PUBLIC SAFETY Certificate of Public Convenience and Necessity (CON) - Permission to Advertise for Public Hearing on Application of Coastal Care for Class F CON - Consider staff recommendation to authorize permission to advertise for a public hearing on Coastal Care application for a Class F Con to be held at 9:00 a.m. on May 11, 2004. 3. PARKS AND RECREATION A. Purchase of the Sodium Hypochlorite Feed System EQ04-255 an BA04-147 - Consider staff recommendation to approve Equipment Request 04-255 and Budget Amendment 04-147 to purchase the Sodium Hypochlorite Feed System for the renovated Ravenswood pool in Port St. Lucie. B. Seabreeze Janitorial Contract C04-0 1-055 termination - Consider staff recommendation to approve cancellation of Seabreeze Janitorial contract (C04-0 1-055) and allow staff to negotiate with and hire the second lowest qualified responsive bidder (Beach land Cleaning Service) or negotiate with and hire the third lowest qualified responsive bidder (Ninety-Five South) if negotiations with Beach land Cleaning Service are unsuccessful. In the event that negotiations with both companies do not work out, staff is requesting permission to go for bid 4. HUMAN RESOURCES Adjustment to the four year pay and classification plan (year five) - Consider staff recommendation to approve adjustments to the pay and classification study retroactive to April 1, 2004, except for the Strategy & Special Projects Department, Growth Management Department and the new positions for Community Services and Code Enforcement which are effective April 27/ 2004. 5. PUBLIC WORKS A. Permission to advertise for Public Hearing for Ten Mile Creek Recreation Area and Queens Island Preserve. - Consider staff recommendation to approve the request to advertise for public hearing. B. Second Amendment to Contract No. COO-09-539 Harbor Branch Environmental Laboratories, Inc. - Consider staff recommendation to approve the Second Amendment and authorize the Chairman to sign. C. Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreements for ABC Dumpsters - Consider staff recommendation to approve the Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreements and authorize the Chairman to execute. 6. MANAGEMENT AND BUDGET A. Budget Resolution 04-137 for a $200,000 grant from the Florida Department of Environmental Protection (FDEP) for the River Park Marina. - Consider staff recommendation to adopt Budget Resolution 04-137 establishing the budget for the Florida Protection for the River Park Marina. '--' '...I Consent Agenda April 27, 2004 Page Two B. Inter-fund Loan from the General Fund Emergency Reserves (001) to North County Utility District - Capital Facilities Fund (479) and Budget Resolution 04-127 - Consider staff recommendation to approve Budget Resolution 04-127 to establish the budget for the inter-fund loan from the General Fund Emergency Reserves into the North County Utility - Capital Facilities Fund. The inter-fund loan will be repaid at an interest rate of 2%. 7. UTILITIES Howard C. Osterman, Inc. to provide Utility Consulting Service - Consider staff recommendation to approve Howard C. Osterman, Inc. to provide Utility Consulting Service in connection with the North County Utility District in the amount of $75,000. 8. CENTRAL SERVICES Change Order No. 3 to Contract C02-07-561 with Norment Security Group, Inc. Rock Road Jail Security System upgrade - Consider staff recommendation to approve Change Order No. 3 to increase contract ten (10) days for a completion date of May 2, 2004, and authorize the Chairperson to sign the Change Order as prepared by the County Attorney. 9. COUNTY ATTORNEY A. Economic Development Council of St. Lucie County - 2003-04 Investment / Partnership Fee Contract - Consider staff recommendation to approve the proposed contract with the Economic Development Council of St. Lucie County, and authorize the Chairman to sign the contract. B. Declaration of Surplus Property according to Ordinance No. 02-18 - Consider staff recommendation to declare the attached list of thirteen (13) parcels surplus and direct staff to proceed with disposal pursuant to Ordinance 02-18. C. Revocable License Agreement - Holiday Pines Property Owners Association, Inc. - Consider staff recommendation to approve the "after-the-fact" Revocable License Agreement with Holiday Pines Property Owners Association, Inc. authorize the Chairman to execute the Revocable License Agreement and direct Holiday Pines Property Owners Association, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. D. Port of Fort Pierce - Harbormaster Bond for Jesse W. Porter - Consider staff recommendation to approve Jesse W. Porter to guarantee his performance as harbormaster for the Port of Fort Pierce. E. Historic Resources Survey - Fourth Amendment to May 7, 2002 Agreement with Janus Research, Inc. - Consider staff recommendation to approve the proposed fourth amendment to the May 7, 2002 agreement with Janus Research, Inc., and authorize the Chairman to execute the amendment. ~ ¡I t. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in . It ~Case No. 99020008 dated August 4, 1999 and Agreement - Consider staff recommendation to ~ ...:.//Iauthorize the Chairman to sign the Release of Lien and Agreement. 10. GRANTS A. Rural Capital Assistance Support grant - Consider staff recommendation to authorize staff to apply for the Rural Capital Assistance grant in the amount of approximately $117,000 and accept if funded. In addition, authorize the Chair to sign the Resolution #04-139 and other documents associated with the grant application. , Consent Agenda April 27, 2004 Page Three ~ ."",,¡ B. Recovery Land Acqukltlons Grant Appllcatlou - Consider staff recommendation to authorize the Chair to sign the Recovery Land Acquisition grant application to the florida fish and Wildlife Conservatlou Commission and the United States fish and Wildlife Service In the amount of approximately $ . 5 million to assist with the acquisition of environmental lands connecting to Paleo Hammock. C. florida COmmunities Trust florida forever Program (fCT) for funds to assist In the acquisition of Paleo Hammock Addition, a 423-acre project that Is Immediately adjacent to Paleo Hammock Conservation Area. The application deadline is May 5, 2004. _ Consider staff recommendation to authorize submittal of the grant application for the Paleo Hammock Addition Project to the florida COmmunities Trust florida forever Program In the amOunt of approximately $2.34 million. D. florida COmmunIties Trust florida forever Program (FCT) for funds to assist In the acquisition 01 Heathcote Botanical Park and authorize the expenditure of $27,000 for developmem of preliminary conceptual plan necessary for the FCT application. _ Consider Staff recommendation to authorize the submittal of the FCT grant application for Heathcote Botanical Park In the amoum of approximately $2.9 million and the expenditure of $27,000 for a preliminary conceptual plan necessary for the fCT application. Staff also recommends the Board approve Budget Amendment 04-148. 11. PURCHASING Award Bid #04·036 Roll Off Containers - Consider staff recommendation to award Bid #04-036 Roll Off Containers to Equlpco Manufacturing for $ JJ, 200 (8x$41 50) _ Staff also requests approval of the revised Equipment Request #EQ04-195 to cover the purchase of this Wheel Loader. 12. COMMUNITY SERVICES Approval of the application for the FY04/05 Trip/Equipment Gram with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens and Resolution 03- 30 - Consider staff recommendation to approve the application and contract for the grant, approve the contract with Council on Aging of St. Lucie, Inc., acceptance of the grant, authorize the Chahman to sign and approve Resolution No. 04-1 36. . ) /1 I I L' / I.~ / - // .~ '..,.J ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS -----.------.---------- ANNOUNCEMENTS APRIL 27, 2004 A. Public Meeting will be held on May 6, 2004 at 5:00 p.m. in Room #101, to accept public comment on the Federal Aviation Regulation (FAR) Part 150 Noise Study for St. Lucie County International Airport. B. The County's annual auction for surplus vehicles has been scheduled for May 15, 2004 and will be held at 3071 Oleander Avenue in Fort Pierce. The auction begins at 10:00 a.m., but the gates open for a preview at 9:00 a.m. C. On Saturday, June 1ih, All-Star teams representing the East and West Divisions will meet in Tradition Field in Port St. Lucie for the Florida State League's 42nd All-Star Game. D. The Treasure Coast "Wings 'N Wheels" Air Show is scheduled for June 12'h & 13th, 2004, at the St. Lucie County International Airport. E. The Board of County Commissioners will hold a Mining workshop on June 29, 2004 from 6:00 pm to 8:00 pm in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462·1428 at least forty-eight (48) hours prior to the meeting. ~ ....., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 20,2004 Tape: 1-3 Convened: 6:00 p.m. Adjourned: 9:45 p.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Doug Coward (absent) Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held April 13, 2004; and upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-120- Congratulating Nora Porter on winning the St. Lucie County Scripps Howard Spelling Bee at the Port St. Lucie Community Center on Thursday, February 12,2004 and wishing her success in the National Competition to be held in Washington D.C. in May, 2004. [t was movcd by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No. 04- [20; and, upon roll call, motion carried unanimously. B. A presentation was made by Ken Giocli. Natura[ Resources Agent UF/St. Lucie County Cooperative Extension Office, congratulating the winners of the Natural Resources Photo Contest. C. Maxine Green and her group, "Granny's Gang" made a qrief presentation of their concerns. Various members of Granny's Gang addressed the Board requesting they consider constructing sidewalks in the Angle Road area close to the schools. They also expressed their concerns with the crime in the city ofFt. Pierce (Lincoln Park area) as well as requesting a four way stop sign in front of Westwood High School. The Board stated they would look into the matter. D. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Peter Polizatto, 6034 Imlrio Road, addressed the Board and read the attached letter. The County Attorney addressed the County's zoning laws. Mr. Phillip Stickles, Carlton Road resident, addressed the Board regarding their decision to postpone action on the mine issue until further information could be obtained. He stated his opposition to any more mines being located in the area. -1- ~ .....,.¡ 4. CONSENT AGENDA (1-874) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the Consent Agenda and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 31. 2. COUNTY ATTORNEY A. White City Drainage Project- Canal D- The Board approved the Contract for Sale and Purchase with Ms. Hancock and Ms. Robinson, approved the resolution and authorized the ChaiIman to execute Resolution No. 04-133 and instructed staff to record Resolution No. 04-133 in the Public Records ofSt. Lucie County, Florida. B. White City Drainage Project- Canal F- The Board approved the Contract for Sale and Purchase with Mr. Arline, authorized the Chairman to execute the agreement, directed staff to close the transaction and authorized the Chairman to execute Resolution No. 04- 135, and instructed staff to record Resolution 04-135 in the Public Records of St. Lucie County, Florida. C. Indrio North Savannas- First Amendment to Work Authorization No. 12- Boundary Surveys and Wetland Mapping- The Board approved the First Amendment to Work Authorization No. 12, and authorized the Chairman to sign the amendment. D. Release of Lien for St. Lucie County Code Enforcement order to impose fine/lienin Case No~ 99120064 dated June 7, 2000- The Board authorized the ChaÍ1man to sign the Release of Lien. E. Resolution No. 04-119- Commending Kevin M. Gillette òfTroop 405 for achieving the Rank of Eagle Scout- The Board approved Rcsolution NO. 04-119 as drafted. F. Florida Yards & Neighborhoods Program- Interlocal Agreement with Martin County, City of Stuart and the University of Florida Institute of Food and Agriculture Services, Florida Cooperative Extension Servicc- The Board approved the proposed Interlocal Agreement with the Florida Yards and Neighborhoods Program, and authorized the Chairman to sign the Memorandum of Understanding. 3. GROWTH MANAGEMENT Simple Success Marketing Advertising Invoices- The Board approved payment of the ll1VOlces. 4. COMMUNITY SERVICES Resolution No. 04-132- The Board adopted Resolution No. 04-132- St. Lucie County Local Housing Assistance Plan for Fiscal Years 2004-2005, 2005-2006, 2006-2007, State Housing Initiative Partnership Program. 5. PUBLIC SAFETY -2- 04/16/04 FZABWARR FUND 001 001001 001131 001149 001157 001158 001163 001286 001288 001809 101 101002 101003 101006 102 102001 102107 105 107. 107001 107002 '-"'7003 140001 160 183 183001 183002 183004 185003 185004 310002 315 316 316001 316201 362 382 401 418 421 441 448 449 451 458 4111· :73 479 481 491 505 611 625 '-' ~ ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 1Q-APR-2004 TO 16-APR-2004 FUND SUMMARY TITLE General Fund Recreation Special Events FTA Section 5363 Grant FY01 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forf~iture Fund-800 Mhz Oper Port & Airport Fund . Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY02/03 FHFA SHIP FY03/04 Impact Fees-Parks County Building Fund County Capital Transportation Capital FDEP/FRDAP Savanna Rec Phase II Sports Complex Improv Fund Environmental Land Capital Fund 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 Di~t-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 448,654.45 49.95 119.95 3,167.13 1,397.87 481. 82 500.00 1,934.26 150.08 73.00 198,457.36 752.10 7,705.65 1,078.16 28,863.74 3,412.34 483.05 4,805.35 208,822.18 6,011.37 490.32 39,803.36 8,516.40 5.33 2,178.39 535.68 1,689.85 90.00 1,029.97 257.91 1,481.93 8,146.68 278,974.05 20,701.72 220,574.48 2,027.29 500,000.00 8,599.27 360,850.33 19,082.06 5,029.03 27,711. 62 50,292.35 1,057.45 25,922.64 138.62 51,334.03 15,228.83 6,584.33 1,234.22 1,523.74 24,732.68 324,319.44 13,783.86 1,189.00 2,942,036.67 PAGE 1 PAYROLL 804.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,721.14 0.00 0.00 5,525.14 '-" .."", Certificate of Public Convenience and Necessity- Permission to advertise for Public Hearing- The Board approved advertising for Public Hearing for the CON We Care, Inc. for Class B to be held at 9:00 a.m. on May 11, 2004. 6. UTILITIES A. Utility Consulting Services- The Board approved for Anthony L. Elia to provide Utility Consulting Services in connection with the North County Utility District in the amount of $65,000. B. Payment Request for FPUA- The Board approved the second Payment Request for FPUA in the amount of$1,320,000 for the North County District's bulk interconnection and the interfund loan from the General Fund Reserves to be repaid with interest at 2%. REGULAR AGENDA (1-114) 5. COUNTY ATTORNEY A. Draft Ordinance No. 04-007- Amcnding thc St. Lucie County Land Development Code by amending Section 11.13.0 I to Provide for Clari lication of Board Enforcement Responsibilities; deleting Section 11.13.03 En forcement Procedures; and amending Section 11.13.04 other penalties and remeGies to clarify the initiation of other enforcement proceedings- Consider staff recommendation to approve Ordinance No. 04-007 as drafted and authorize the Chairman to sign. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Ordinance No. 04-007; and, upon roll call, motion carried unanimously. B. Draft Ordinance No. 04-016 Creating Section 7.10.24 Land Development Code to Establish a Height Limitation for Outside Storage of Intermodal Containers- Consider staff recommendation to determine whether a height limitation for the outside storage of Intermodal containers is appropriate and to adopt Ordinance No. 04- 016 as drafted. Staff changed their recommendation to continue this hearing for two weeks in order to answer concerns expressed from a previous meeting. Mr. Lloyd Bell, Port property owner~ , addressed the Board and stated this ordinance is very broad, it docs not appear to be well thought out and affects everyone in the county. lie asked irthese are intermodel containers, what about the aircrafl containers. Docs this only apply to ship containers or all intermodcl transportation and what do you do about the railroad. He stated he would consider any action an act of bad faith at a time when they fully expect to bring some resolution to the desires for the utilization of the port and the mega yachts. It was his understanding that he would cooperate with the county as long as the county cooperated in good faith and he would consider this a breech of good faith. Com. Barnes stated this does not apply to the Port because it is within the city limits. It was moved by Com. Barnes, seconded by Com. Bruhn, to continue this item for two weeks, May 3, 2004; and, upon rol1 cal1, motion carried unanimously. C. GROWTH MANAGEMENT- Draft Rcsolution No. 04-080- Request of Robert Rigel for a Conditional Use Permit and Major Site Plan approval to allow for the construction of 49,820 sq. ft. mini- warehouse/self-storage facility, and 3,750 sq. ft., of general office spacc to be known as Hutchinson Island Storage and Office Complex- -3- ~ "'w1I Consider staff recommendation to approve Resolution No. 04-080 as drafted. Mr. Roger Bayber, CSM Engineers, representing the petitioner, was available for questions. Mr. Charles Grande, Presidents Council, Hutchinson Island, addressed the Board in favor or the project. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Resolution No. 04-080; and, upon roll call, motion carried unanimously. D. Draft Resolution No. 04-077- Consider staff recommendation to approve Resolution No. 04-077 approving the Petition of Travis E. Murphy, Jr., as amended for a change in zoning from CN to CO. Mr. Howard Sercy, business partner, addressed the Board regarding his petition. Ms. Christa Storey, area resident, addressed the Board and stated staff has addressed her concerns. Wanted to confirm exhibit A map will be corrected. Staff advised her that the map would be corrected. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Draft Resolution No. 04-077; and, upon roll call, motion carried unanimously. E. Draft Resolution No. 04-076- Consider staff recommendation to approve Resolution No. 04-076 the request of Cheryl and Mark Griffin for a Conditional Use Permit to allow landscaping and horticultural services in the AR-l zoning district for property located at 9290 Orange A venue. Ms. Cheryl Griffin stated she had received 2 waivers from two surrounding residents and also advised the Board that one resident decided to remain neutral. She does not wish to build a wall barrier. It was moved by Com. Barnes, seconded by Com. Bruhn, to continue this hearing on May 3,20047:00 p.m. or as soon thereafter as possible; and, upon roll call, ·motion carried unanimously. F. Draft Resolution No. 04-082- Consider granting Final Planned Unit Development approval for the project to be known as Palm Breezes Club, Planned Unit Development and a change in zoning from the PUD zoning for property located on the north side of Orange Avenue. The Planning Manager advised the Board on condition # 4, they would like to add language that would require a transit stop be included. Mr. Butch Terpening, Culpepper and Terpening, addressed the Board and stated they have reviewed the conditions with staff and they concur and also concur with the addition of the transit stop. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 04- 082 subject to the 5 conditions and the addition oflanguage; and, upon roll call, motion carried unanimously. G. Draft Resolution No. 04-079- Consider staff recommendation to approve Resolution No. 04-079 granting the petition of Patricia Griffin Lowe for a Conditional Use penl1it to allow the operation of a riding -LI- ~ '-' school as an accessory use to a residential unit on property located at 7001 Gullotti Place in the AR-l zoning district. Ms. Patricia Griffin Lowe, petitioner, addressed the Board this issue. Mr. Jeffrey Shoen field, property owner within 100 feet of said parcel, expressed his concerns ifthere would be a commercial stable, what is the limit of horses, how big a barn etc. His concern was if this would lower the value of his property. The Planning Manager, stated there were no limitations on the animals, however, a barn is not permitted. Ms. Lowe addressed Mr. Shoenfield's questions. She stated she would not have more than her two existing animals and will not be constructing a barn and will not be boarding animals. Mr. Shoenfield wi thdrew his objection. Unidentified gentleman, addressed the dirt road and who will be maintaining the road ifit is used for commercial purposes. Ms. Lowe addressed the egress and ingress issue. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. (1-2955) H. Consider the application of Home Dynamics Corporation requesting a change in Future Land Use Classification from COM to RU to RR for 34.5 acres located on the southwest comer of Edwards Road and South 25th St. The Planning Manager advised the Board of the concern regarding density expressed by the P & Z Board. The applicant came back with a proposal limiting the density and staff provided a simpler solution. Mr. Mark Mathis, representing the applicant, addressed the Board on this isSue. Their goal is to develop 360 units. Mr. John Ferrick, area resident, addressed the Board with his concern of placing a residential high in this area. He does not have a problem with residential urban. Mr. Charles Grande, Hutchinson Island, stated this plan came before the P & Z Board and denial to transmit was recommended. He stated if the Board was not going to follow the n:coml1wndation oCthe P & Z l10ard that the very least, he suggested with the new plan or the modi fications, the applicant should be sent back to the P & Z and get a new recoml1wndation I"rom that Board. Ms. Pamcla Hammer, P & Z Board mcmber, addressed the Board and statcd a mcmber of the School Board stated in the proposal that children would be able to walk to school, however, one of the schools would not be in their zone and requested this be taken out from the proposal. The 15 units per acre constitutes 3 times the number of kids in our schools. She asked the Board to turn this down and send it back to the drawing board. Ms. Kim Hopkins Willis, resident of Edwards Road, addressed the Board and requested they not change her community. Mr. Jonathan Ferguson, attorney for petitioner, addressed the Board and stated and introduced into the record six letters that were mailed to the surrounding property owners. He advised the Board that they did not receive comments or calls from those residents. -5- '-' '''w!Í Mr. Ferguson stated the applicant is trying to provide mixed housing needs for the area. Mr. Ferguson slated lhey did 110t disagree with the Planning Manager's characterization that the 3 land use categories is overly complicated and would like to drop back down to an earlier request that the 300 feet on the east of the property as it boarders 25th St., be designated RH and the remainder of the property be designated RM. This would be 8 and % acres RH and remainder 26 + acres RM. This would be a maximum of 370 units , however, he does not believe they would complete 370 units. Ms. Rona Perry, White City, stated her opposition to the developing of this many units in one area. She would prefer ranchettes and would like for them to look at other means of development. Com. Barnes stated he felt this needed more work and would like some guarantees. He would like to see the developer approach the School Board and see if they could use more property and also would like to see if there are plans to restore the flood planes. He would like to see more though going into this development. He does understand that with it now being commercial, they could wind up with a huge shopping center with much more traffic and he would rather see residential development. Mr. Alejandro DelFino, representing the developer addressed Com. Barnes questions on the quality of the homes and stated the pricing of the homes would depend on the market. There will not be any rentals, these homes are to be purchased. Com. Hutchinson stated she met with the representative a couple of weeks ago. Her one concern is everything else being considered in that area is of less density and this would change the flavor of the neighborhood also the fact there are no red lights other than Sunrise and Oleander. She would have a better comfort level if she knew what they were going to contribute. Com. Barnes asked i r stalT had reviewed any of the previolls communities bui It by this developer. Sta IT stated they had not. Mr. Fergllson stated the developer had a website the Board and staff could review. It was moved by Com. Barnes to transmit the requested 300 ft. RH and balarice of 26+ acres RM; but, also along with the transmittal that staff research what this developer has done in other communities and if it not to their liking they would reserve the right to review it again and deny it; seconded by Com. Hutchinson, and; upon roll call, motion carried unanimously. (2-1119) 1. (a) Consider approving the petition of Reserve Homes Ltd., through Resolution 04-081 amending the existing Development Order for the Reserve a Development of Regional Impact and; The Community Development Director reviewed the changes and amendments to the project and also their discussions with the city of Port St. Lucie regarding the "Fields of Dreams" project. A review of the request of the connecting access in the Saddlebrook Drive area was discussed and it was concluded that this access would not be paved or opened to general traffic, but would utilil'.cd I(}r cmergency access only. The second access connection, Parcel 34 (the Lakes at PGA Village) was discussed and it was the consensus that this connection would be used for an interim period of two years, acceptable for the limited use of a connection from Parcel 34 into the city of Port St. Lucie. The developer will be constructing Commerce Center Drive from the Golf Learning Center down to and across the C-24 canal connecting to Village Parkway (aka Commerce Center Drive) as it comes up from the Tradition Development. -6- '" ,.." The plans are, that roadway will be built within the next two years which will then allow Ii.)" the construction ora new entrance point into the POA Village development in the city allowing for the closure or connecting point of Parcel 34 and the City of Port St. Lucie. The internal bridgc will bc opened to vehicular traffic. The Community Development Director read the change in language amending the Final Development Order for Parèel 34. (b) Consider approving Resolution No. 04-083 amending the Final Development order for Parcel 34 (The Lakes @ PGA Village) and; (c) Consider approving Road Impact Fee Credit Agreement 04- 002 between St. Lucie County and the Reserve Homes Ltd., In consideration for the expansion of the interstate Ii-95 and St. Lucie WestlReserve Blvd., interchange and the associated improvements to St. Lucie WestlReserve Blvd., between Reserve Commerce Center Drive and Peacock Blvd. Com. Hutchinson requested in item (a) the habitat mitigation/preservation issue be clarified. The Community Developmcnt Director stated, by agreeing to this, it does not go anywhere near approving anything in regards to the Fields of Dreams at this time and also, our environmental staff has gone through the site with the Reserve environmental staff and they are satisfied with the level of protection. Mr. John Sapo, CoItier Company, concurred with the Community Development Director's comments. They have addressed the issues of concern, i.e. the two vehicular connections between the Reserve DRI and the PGA DR!. They have also withdrawn their request for parcel 38, which was to be 6 lots in the back section of the Reserve and have agreed not to go forward with that in the future. The Community Development Director stated that within Resolution 04-081, there will have to be some additional clean up for some of the paragraph numberings. The final will be adjusted slightly for the correct numbering of those paragraphs. Mr. Norman Oak, Kings Mill section of the PGA Village, thanked the Board for their efforts in what has been established today. He is pleased with the 2 year agreement and he asked that it he noted in the resolution that Collier will utilize a contractor's cntrance and only use the connector road when necessary. He has also requested a 4-way stop sign be placed within Champion's Way and Commerce Roads. Mr. Sapo stated the 4-way stop is something they would be willing to do if the County would approve it. The Community Development Director stated there was a 4 way stop sign sometime ago. It was removed because Commerce Center Drive is an arterial roadway and they cannot permit stop signs along an arterial roadway. He does not believe this could happen. Mr. Jim Lamar, Property Owners of the Reserve, stated they are withdrawing their objection to the connector road and parcel 38 as they have come to an agreement as previously stated. Mr. Bill Kanncl, Rcscrvc Ilol11cowncrs Association, cxprcssed his conccl'I1s with thc following: he requcsted sceing the exact location of the recreation area and the Fire Department land. In the resolution where it mentions the 81 acres for the Field of Dreams Park, he requested the 81 acres be deeded to the county and not to the city. Mr. Kannel stated they were pleased with the 2 year agreement and asked for guarantees from the developer that they will route construction traffic around the neighborhood -7- '-' ....,; whenever possible. Also, in the staff memo it stated that Village Parkway will not be completed for at least 2 years. He asked it be started as soon as possible and begin the entrance into the north parcel without waiting until 2006. They would also like a guarantee that construction traffic will be blocked from access in the old original Kings Mi11 neighborhood. Also a legal interpretation of paragraph B in the Champion's Way resolution and tighten this paragraph. He asked that since Parcel 38 and Saddlebrook are not on the agenda tonight and asked the Board to seal this agreement on parcel 38 by putting it into a recordable instrument for everyone's protection. He asked the minutes include the agreement between the Reserve and Coltier and perhaps the language on page 3 of the staff memo could be adopted as part of resolution 04-081 (see Resolution 04-081 amended findings of fact attached as Exhibit A). Mr. Kevin Maculiff, area resident, concurred with the comments concerning the 4 way stop requested. Ms. Pamela Hammer, resident of the Reserve, addressed the Board that thanked them for their errorts on the roads and the solutions brought forth. Ms. Hammer stated, that during the negotiations, the developer stated construction traffic would go around on Village Parkway as long as possible then they would have to stop to do some of the paving and this is understood. Also, in staffs memo it stated they would open the road once it was all done down and across the bridge. This is not correct, they were to open the Village Parkway as fast as they could get it designed and built and have the entrance into the new PGA Village South! North Parcel from Village Parkway hopefully less than two years. The construction traffic has to be prohibited from going into the "Spy Glass" neighborhood. Dreams Park is something they know is coming, and there are conditions they can live with, however, there is one they cannot. When it comes time to take that land, they insist it must comc to thc County Commission, they cannot afford to have this land go to the city due to thcir past problems. They are also asking the 8 acres of recreation be illustrated on a map. Ms. Hammer in closing commended the developer. The County Attorney addressed the questions directed and stated that regarding parcel 38 there be language placed stating that there was an application which has been withdrawn and there was a representation that it would not be re-filed. Also, on the contractor's entrance, it would seem appropriate to memorialize what the developer has agreed to in some fashion. The County Attorney suggested directing staff to place the appropriate language restricting construction traffic as indicated and incorporated in the resolution along with language concerning parcel 38 and also incorporate the suggested amendment to resolution 04-83. The Community Developmcnt Dircctor stated there are some corrections in the packet given to the BCe. The easl and wcst notations wcre mixed up and part or exhibil B, should be vice versa, this will be corrected. Also it needs to be noted that there are certain improvements that are required by the city of Port St. Lucie which are beyond the impact scope of the Reserve and Reserve will eligible for up to 100% credit of these improvements. The Chairperson stated shc would prcrer the backup be changed to numbers as opposed to letters. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve items 51 a,b,c to include the changes and amendments; and, upon roll call, motion carried unanimously. 8 \.r' ..." 6. CENTRAL SERVICES (3-138) Consider staff recommendation to approve the Selection Committee's recommendation to move forward with the designlbuild expansion of the St. Lucie County Correctional Facility by Centex-Rooney/Schenkel Shultz at a cost of$ 18,995,000. Sta[[rccommcndcd tabling this item until April 27, 2004 until more information is obtained. It was the consensus of the Board to re-agenda this item for April 27, 2004. 7. GROWTH MANAGEMENT (3-831) Consider staff recommendation that the Board of County Commissioners authorize a formal public hearing to consider the revocation of a previously issued Conditional Use Permit authorizing the operation of an air curtain incinerating on property located on the south side of Orange ^ vcnuc. It was moved by Com. Barnes, seconded by Com. Br'uhn, to authorize a public hearing be schcduled with a date to bc advised; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 9 '-' ....", April 20, 04 Mr. Chainnan, Mcmbc.·s of thc Commission, and to whomcvc.· it mny concern: My name is Peter Polizatto, I have lived in this general area since 1958 and presently live at 6034 Indrio Rd. Unit L-4" Indian Pines Village, a condominium. A non profit corporation. I have a problem understanding the zoning laws of the co'unty of St. Lucie. I do not understand when an area is zoned residential, that the county still allows a business to operate in an area zoned residential. A business such as a real estate office is allowed to function in spite of the rules and regulations of the condominium, which by-the-way are recorded with the STATE OF FLORIDA. To me this is a conflict of Inw. Your zoning Inws nnd .·egulations n.·e in conflict with our condominiun laws and regulations WHICH APPLIES? Our Condominium regulations state (1) That all unit owerns agree to abide by the rules of the Association. (2) No unit shall be used for any purpose other than .·esidentinl. (3) All vnlid Inws, zoning o.·dinances, nnd .·egulntions of government bodies, having jUl"Îsdiction shall bc obse."Vcd. All of the4 ubove .·cgulations a.·c being violated, mostly because of the gmnting of home usuage Ulule.· the county zoning .·cgulations. Granted that the county rcquires a busincss such as real cstate to operate providing that they do not create traffic. But the zoning enforcement department cannot afford to place an inspector at one of these offende.·s places of business, to see whether they are causing truffic. !fyou canot enforce the regulations what good are they'! 1 do not wish to hIke ul> much more of thè commissions time, but do wish to ask the commission to tell me which rules and regulations are the RIGHT ones. OURS? which are regisitered with the state, or the Counties Zoning regulations, which conflicts with the community of Indian Pines Village. Thank you for listening and hope the commission .·cctifys this conflict of law soon. Thannk you again. £2j;v(/~¿ . --I I ¡~I\"¡t.a.IItoÌ'-''' IHOMAS LUClÐlJ ASSOC' ...." F'AG~ !!IS ~ Â~ .~~ . V Thomas Lucido & Associates, P.A. Land Plan.ning/Lan.dscape: Architcctu.re: Mr. 'And Mrs. Wis~ 2981 Edwards Road Fort Pierce, FL 34981 Re: 1)evel0p.OIeot of Property at tbe comer of lS'" Street and Edward. Road Our Ref No.: 8801 . Dear Mr. And Mrs. Robert Wise; The P1;1rpose of this letter is to provide you with a brief introduction ånd information concerning the proposed Land Use chånge of the property located at te Southwest corner of25111 Street and Edwards Ro~d. . '. . , Oti client, H~me Dynamic Corpocation, has ~ubmitted an application with the County t~ change the,land use on the property tTom commerciaJ to residential. . ' . . Home Dynamics Corporation is a home builder with a tradition of building beautiful, private and intimate communi~ies that makè families feel completely at home and encourage neighbors to 'become mends. ' Continuing with this tradition, the proposed residential community wiJJ be a priv~te, deed restricted community consisting of attractively designed, for sale, single family homes and townhouses. Should you have any questions please do not hesitate to contact us at 467-1301. , ,Sincerely. Thomas !Me;do alUl AssOCÜlta ~~~, Sabine Marcks, RLA, Project Manager Cc: Alejandro Delfino, Home Dynamics' P:lPtojcc.u\BS01\wdoc\B801 kaer wml""$.doc: . " ..., 701 E, Ocean Blvd. Sruan. Florida 349904 772 I 220-2100 Fa!; 77'). I 223-0220 " ~27 North Thornton Avenue' Orlmdo. Plorlda 32803 407 I 898-9521 , Fax 407 / 898-9768 " 100 Avenue: A, Suite 2A FOrt Plelcc." FJodda 34950 , 772 I 467-1301 Pax 772. I 467-9°3 I '~~I L.t:J1 ¿t:Jt:J" I .....~L. 11:24b 11303 ...., iOMAS LUCIDO ASSOC 3E 05 '-" ~~' ,~~" V~ V . Thomas Lucido & Associatcs, P.A. Land Planning/Landscape ArchitCCtUIC ~ # Mr. and Mrs. WiUiams, 2981 Edwards Road Fort Pierce, FL 34981 Re: Development of Property at tbe corDer of 25· Street aDd Edwards Road Our Ref No.: BBOl ' Dear Mr. and Mrs. Leé ,Williams: . The purpose of this letter is to provide yoù with a brief introduction and information concern,Ïng'the proposed'Land Use change of the property located at te southwest comer of 2S'Ib Str.eet and Edwards Road. Our client, Home Dynamic Corporation, has submitted an application with the County to change the land use on the property ftOm commercial to residential. . Home Dynamics Corporation is a home builder with a tradition ofbu¡~d¡ng beautiful, private and intimate communities that make famiHes feel completely a~ home arid encourage neighb.ors to become mends. . " Continuing with this tradition, the proposed residential community will be a priv~te, deed restricted community consisting of attractively designed, for sale. single family bomes and townhouses. . Should you have any questions pl~se .do not hesitate to co~tact us 'at 467-1301. Sincerely, Thomas Lllcido alUl Associates ~ ~,t(c Sabine Marcks. RLA, Proj~ Manager Cc: Alejandro Delfino, Home Dynamics P:\PrójectllB8Q I \wdocIB80 I 1-. Williama.doc ~' . 701 E. Ucean Blvd. Stu.tr. Flotidl 34994 772 I 220·2100 Fa( 772.1 223-0220 \; . . 827 North Thornt9n Avenue: OrlMdo, Plotldà 32803 407/898·9821 Pax "07 I R98·976ð \; .. 100 Avenue A. Suhe 2A Fort Pierce, Florid. 34950 772 /467·1301 Pax 772 I 467-1303 .. ,,_1,1, "~', . .... I ....jl.¡ I J. .JU.;¡ IHOMAS LUCIDO ASSOC ...., JAGE 04 .,.... , *~ Vy ,y ~ Vy"V V Thomas Lucido & Assodates, P.A. Land Plannln,/Land,¡:apc: Atchhcctl.lrc , , , Mrs. Wild 298] Edwards- Road' Fort Pierce, FL '34981 Re: Development of Property at tile corne.. of 2S" Street and Edwards RoaC\ Our Ref No.: B801 ' Dear Mrs. Selma Wild: , The purpose of this letter is to provide you with a brief introduction and , inf~rmation çonceming the proposed Land Use ch~ge ofthe'prop~ located at te" southwest comer, of 2Stb Street and Edwards R.oad. . Our client, HQme Dynamic Corporation,' has submitted an application with the CoùnÌy to change the land use on the property trom commerciaJ to residential. Home Dynamics Corporation is a borne builder with a tradition of building beautiful, þrivate md intimate communities that make families feel compieteJy at home and encourage neighbors to become mends. Continuing with this tradit'ion, th~ proposed ~tsidentia1 community win be a private, deed restricted community consisting of attractively de"igned, for sate, single family homes . I and townhouses. ' . '. . Should you have' an}! questions plea,sc do not hesUate to contact us at 467-1301. Sincerely, TJlomtØ Lucido fl,!d .A.~itlles .~~~~" ~ine Marcks, RLA, Project Managër " . . Cc: Alejandro Delfino, Home Dynamics . . . P:\ProjcctaIBIroI\wdoc\080J 11111. Willlaœ..doo ~ " 701 E. Ocean Blvd. Stuart, FIQrlda ~49904 712 1,220-2100 Pax 772 I 223-0220 V 827 North Thornton Avc:n¡ue Orlando. Jl10rlda 32803 ' 407 I 898.9521 Fu 407 I 896-9768 ~ 100 ^v.:nue ^. Suite: 2A POCl Pierce:, Plorlda .34950 . 772 I 467-1.)01 Pax 77'). I 467·1303 . .. ,- --......--'-' .I__\'>_ .. ·HUL:. (,I" '-' ~~ \. ~~~ 'V \I \.. \I ~ V·\lV· V Thomas Lucido & Associates, P.A. Land Planning/Lindscape Arc:hJu:cturc -...I Mr. and MrS. Thomas, 2981 Edwards Roåd Fort Pierce, FL 34981 Re: Development of·property·at the corner of 2S· Street and Edward. Road Our RerNo.: BlOt ' Dear Mr. and Mrs. Jeffrey Thomas: The 'purpose ~fthis letter is to proVide you with a brief introduction and information concerning the propo'sed Land Use change of the property located at te soud1west corner of2Slb Street and Edwards Road. Our client, Home'Dynamic Corporation, bas submitted an application with the County to change the la.òd use on ,the property ftom cqmmerciaJ to residential. Home Dynamics C~rpQration is a home builder with a tradition of building beautiful. private and intimate communities that inake families feel completely at home and encou~age neighbors to become fi'iends. Continuing with this tradition, the proposed' residential community will be a private, deed . restricted ~ommunity consisting of attractively designed, for sale, single family homes and townhouses. ' Should you have any questions please do not hesitate to contact us at 467-1301. Sinc~re)y, ' ThOmtlJf Lucido aml AssocUzta ~~~ Sabine Marcks, RLA, Project Manager Cc: Alejandro Delfino, Home Dynamics P:\Projl~\B801'wdoc\B801 lcUcr WiJliams.doc V 701 E. Ocean Blvd. 51uan, I'lorlða 3499" 772 / 22Q;2100 PIX 772 I 223·0.220 V 8.27 Noeth Thornton Avenue Orlando, Florida 32803 .07 / 898·9521 Pax 407 I 898-9768 ~ 100 Avenue A. Sui..: 2A POEt Pierce:. Plorlda ""950 772 I 467.1301 !'ax 772 I 4ð7-1303 r" I" __"U.J.. .L.....u..:J IHUMAS LUCIDO ASSOC , '.I 'AGE 02 .~ *~ ~'" '" '" ~ V", " V Thoma, Lucido &: ~sociatel, P.A. L.nd PI.nI.1ng/L;and.cll.pc ^rchl'ec~urc . - Mr. .~d MrS. Hamm 2981 Edwards Road Fort Pierce, FL 34981 Re: Development Qf Property It the ceraer of ZSdl Street Ind Edwanb Ro~d Our Ref No.: 8801 ' . Dear Mr. and Mrs, Ronnie Hamøi: , The p":Irpose of this l~er is to provide yt>u with a brief introduction arid information concerning the proposed Land Use çhange of the property located at te southwest comer of 251J1 'Street and Edwards Road. . Our client, Home Dy~amic Corporation, has submitted an application with the County to change the land use on the PIVPerty ûom commercial to residential. Home Dynamics Corporation is a home builder with a tradition of building beautifu~ private and intimate communities ,that make families feel complete1y at home ~d encourage ~eighbors to become mends. . Continuing with this. traditi~n, the proposcd. residential community will be a private, deed restricted community consisting of attraCtively designed, fur sale, singJe family homes and townhouses. Should you have any questions please do. not hesitate to contad us at 467-1301. Sincerely, TlJolIUU Lucido and Associatø ~ ~\5D Sabine Marcks, RLA, Project Manager ., Cc: Alejandro Delfino, Home D~amics, P:IProjecu\8801Iwdœ\B80IIøø.er WUUaøu.doc ~ . 701 B. Ocean Blvd. Sruart, Florida 34994 772 1220-2100 Pax 772 I 223-0220 ~ lj21 North Thomron ATenue Orlando. Florida 32803 .07 I 898~9521 FIX 407 I 898-9768 .~ 100 Avcnul: A. Suit<: 2A POrt Plcrce, Plorlda 34950 772 '.67.1301 FIX 772/ 467·1303 . , . I ( ..:.'tl:J (J. .:11.1':> \ THOMAS LUCIDO ASSOC AGE 01 ~ ..*~ V~ \..~ ~ , V~V -V Thpmal Lucido & Associate., P,A. Land Plannjng/Landac:ap~ ^{c.hhe~turc ''''¡ \ . Mr. And Mrs. Blackburn 298] Edwards Road Folt'Pierce, FL 3498] , '/ , , Re: Development of Property at thç èOl'Der of 2~ Street aad Edwardl Road Our RerNo.: BIOI ~ D~ar Mr. And Mrs. F~ankJin BJackbur:n: ' The púrpose of this Jetter is to provide you with a brief introduction and information concèrning the proposed Land. Use change of the property located ~t te s~uthwest comer of251h Street and Edwanis Road. . OUf clìentJ Homè Dynamic COrporation, has submitted an application wit~ the, County to changé the tana use òn the property 1iom conim«èial to tesidentiat. , ' ' . Home Dynamics Corporation is a home builder with a tradition of building beautiful, private and intimate communities that make families feel completely at home and encQurage neishbors to become mends. Continúing with this tradition, the proposed residential commùnity will be a privateJ deed restricted community consisting of attractively deSigned, for sa1é, single family. homes' and townhouses., ' .. , , Sho\lld you have any q':!estions please ~o not hesitate to contact µs at 467.1)01. , : Sincerely, Thomos Lucido antI A$SOCÚIJ~, . ~·~tin . - , Sabine Marcks, RLA, Project Manager , , Cc: Alejándro Delfino, Home DynaJpics P:\PTojcct.'B80t\wdoo\B80 Ilenei' Willj"M.doo ~ . , 701 B, ()cun Blvd.' Stl.\att. Florida 34994 772 I 220.2100 J"u. 112 I 223-0220 It,,; . 8Z7 Nonh Thornton Aftouc Otlmdo, PlorJcU-J21103 .07 I 898.9521 ' 'Pu 407 I 898.9768 " V 100 Avenue A. Suite: 2A POrt Pierce, 'Flodda ,;""950 772 I 467.1301 Fu 772 I 467-1303 \wt ..., Woody Newson Tennis Specialist at Lawnwood Hired 8-27-86 "-' ...., Page 1 of 1 Pat Clute - Employee of the Quarter From: To: Date: Subject: CC: Barbara Meinhardt Pat Clute 4/13/20043:30 PM Employee of the Quarter Eileen Hagerhorst; Lacoparra, Veronica On April 13, 2004, Eileen Hagerhorst, Veronica Lacoparra and I met in the Human Resources office to discuss the next Employee of the Quarter. It was a difficult decision, but we have chosen Woody Newson, Tennis Pro, Parks and Recreation, as the next Employee of the Quarter. We also discussed the applications that we read to the extend that possibly there could be some additional criteria added to the application: 1 . Additional information might assist with the selection, i.e. not just stating that the employee is always helpful, has a smile of their face, goes beyond the scope of their job. All of us employees should be doing the above. In the case of Woody Newson and Karen Scott, it was very difficult to decide since both had lengthly nominations. We personally know many other employees whose nominations that we read do go beyond, but it was not stated as to HOW OR WHAT THEY DO BEYOND. Some employess are rated lower in the process due to the lack of information. We also understand that it is difficult for some employees to put their thoughts down on paper. 2. It might not be known that an employee can be re-submitted for selection. This might be stated in the Newsletter. Also, Pat, the following is not from today's committee; but what about outside activities, coaching, volunteering, etc. Should this be considered on an application? I feel a well-rounded County employee is also giving in their community. Thank you for choosing us for the selection committee and also reading our suggestions. Barb Meinhardt, Eng. Div. file:/ /C: \Documents%20and%20Settings\Administrator\Local %20Settings\ Temp \G W} 000... 4/13/2004 rw"illiam rloeffner-EMPQTR ......... . a.;:;:~ . ',"',' ',', _ '~~_~_____~_______"__. ,-._--- --- ,--.,- .-..,.._--_.,_._--~-~- '-" BOARD OF COUNTY COMMISSIONERS DATE: / NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: ,I ;' <1/ ~ Æ,J_-; ,~ ./ J I\.V' ../ / 11/ . I (/ ¿ L'j) C, ,J DEPARTMENT/DIVISION: /7.,-,t<> ~.¡ Ie; ( IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: C;"<" r /7.; , 7""; . I ; .'. 'r.'.~'-'J ,/ / / / I ./" /¡I / , / ...../ / /. ' J ""'''.' 'i41. L, ,,' ',/' " ,," --~ . , F NOMINATOR FORMS/empqtr . PaQe 1 I ~ ~. )'or~'~ $/~¡.J~~fM¡i¿ Woody Newson has been the tennis pro at Lawnwood Tennis Center for greater than fifteen years. His days frequently begin early in the morning with adult lessons an<1, almost every weekday evening, Woody can be found on the courts later than 7:00 I,.-? teaching youth tennis. On Saturday mornings, he once again is on the courts providing lessons. With the children in his programs, Woody does more than teach tennis. He teaches them skills they will need to succeed in any endeavor in life. He insists upon proper manners, proper temperament, proper respect and even proper grammar. All of this is accomplished with a balance of humor and discipline. He takes special interest in each of his students. Evidence of this exists in the fact that, on frequent Sundays, he can be found attending their tennis tournaments in cities as far away as Orlando or Boca Raton. He, of course, receives no additional compensation for this. At least once per year, he organizes a trip to Lakeland where 20 or more of his students participate in a three-day State Team Tennis Tournament. There have been years where he has also taken his teams as far away at North Carolina and Virginia to participate in Junior Olympics programs. The quality of his instruction is unmatched in the Treasure Coast region. He has enabled more children to obtain college tennis scholarships than any other coach in the region. Currently three of his students are attending college on tennis scholarships. During a recent college break, all three of these were back at Lawnwood Tennis Center, just to visit Woody - a testament to the importance of him in their lives. My daughter is one of those college students. In an essay she had to write as part of her college application she described Woody in the following: "I cannot say that Woody has influenced my life any more than others, but he has touched it more uniquely. Woody is and has been my tennis coach since I was nine years old. He would probably be better described as my life skills coach. I stand in awe of him as much today as I did when I was nine. Woody is the most complex man I will ever meet. His complexity arises from contradictions he willingly allows within himself. He enjoys classical music, but can sing the lyrics of innumerable pop hits. He insists upon a strict and healthy diet, but moans loudly in enjoyment with every bite of a fat steak to which he occasionally treats himself. He is intense, but balances this with transcendental meditation. He insists upon excellence not only on the court, but off the court as well. He has taught me to be aggressive in serving, volleying, and hitting overhead smashes; but also to say thank you and please, to stand and walk erect, and to refine my grammar and vocabulary. He constantly challenges my logic and thought. Woody has the grace and charm to coach at the most exclusive tennis club in the nation; but true to the contradictions within him, he has chosen to work at a public park in one of the poorer counties in Florida. Whereas others have influenced me, Woody has elevated me. If there is an elegance within me, it is Woody's." .~ "-' ..... AGENDA REOUEST ITEM NO. ~ 4- DATE: April 27, 2004 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. 04-121 - Proclaiming May 3, 2004, through May 7, 2004, as "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County, Florida. BACKGROUND: Ken Mascara, Sheriff of St. Lucie County, has requested that a resolution be drafted proclaiming May 3, 2004, through May 7, 2004, as "St. Lucie County Correction Officer's Week" in St. Lucie County, Florida. The attached Resolution No. 04-121 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-121 as drafted. COMMISSION ACTION: CONCU CE: ~' APPROVED [] DENIED l J OTHER: Approved (5-0) D as Anderson County Administrator County Attorney: y/ Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '-" """ RESOLUTION NO. 04-121 A RESOLUTION PROCLAIMING MAY 3, 2004 THROUGH MAY 7, 2004, AS "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The week of May 3, 2004, through May 7, 2004, has been designated as National Correction Officer's Week. 2. Correction Officers are responsible for the infinitely difficult task of providing for the care and custody of approximately 1,171 inmates held each day in the county's detention facilities. 3. Correction Officers playa vital role in protecting the rights of the public to be safeguarded from criminal activity; and the operation of a detention facility represents a crucial component of the criminal justice system. 4. This Board wishes to acknowledge Sheriff Ken Mascara and the 154 certified correction officers of the Department of Detention. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 3, 2004, through May 7, 2004, as "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County, Florida. .. ~ '-f 2. This Board urges the citizens of St. Lucie County to recognize our Correction Officers for the fine job they do in protecting the rights of the citizens of St. Lucie County. PASSED AND DULY ADOPTED this 27th day of April, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTION: COUNTY ATTORNEY ---~ .- - ,4 ..., The S1. Lucie County Board of County Commissioners' wish to congratulate Tim Coolican, Golf Course Manager &PGA Professional, and all the staff at Fairwinds Golf Course. In the May 2004 issue of Golf Digest, the list of "Best Places to Play" lists S1. Lucie County-owned Fairwinds as second "Best Place to Play for Top Courses Averaging 50,000 Rounds a Year or More" - second only to Pebble Beach Golf Links in California. The Golf Digest list is a comprehensive survey of golfers who send in comments and feedback on public-access courses. The ratings include more than 3,500 public- access courses throughout North America, Mexico and the Caribbean. Last year, Fairwinds Golf Course was listed as a "3-Star" course and their rating this year was "4~ Stars" out of five. A 5-Star rating is "Golf at its Absolute Best" and a 4-Star rating is "Outstanding." The Jim Fazio-designed Fairwinds Golf Course opened in 1991 and continues to earn accolades and praise. Fairwinds is known for its excellent condition and spectacular greens. The course management strives for perfection and boasts 20 new greens this year - including two new practice greens. Fairwinds also has a new 1,300 square foot tournament pavilion. Fairwinds averages approximately 60,000 rounds of golf per year and was sold out of tee times from mid-December through mid-April this year. The golf fees have not been raised since 1999. ~ AGENDA REQUEST 'J ITEM NO. 6 DATE: APRIL 27,2004 REGULAR [x] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL OF SELECTION COMMITTEE'S RECOMMENDATION TO MOVE FORWARD WITH THE DESIGN/BUILD EXPANSION OF THE ST. LUCIE COUNTY CORRECTIONAL FACILITY BY CENTEX ROONEY/SCHENKEL SHULTZ. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 310003-2330-562000-26003 (Correctional Facilities Public Bldg Impact Fee Fund/Bldg) 315-2330-562000-26003 (County Capital Fund/Building) Other Funding Sources Proposed: 310003-2330-562000-200 (Correctional Facilities Public Bldg Impact Fee Fund Bldg) 310003-1930-562000-200 (Other Public Bldg Impact Fee Fund/Bldg) Loan Proceeds PREVIOUS ACTION: The Board of County Commissioners approved negotiating cost with Centex Rooney/Schenkel Shultz on January 27, 2004, Item No.7 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Selection Committee's recommendation to approve Centex Rooney/Schenkel Shultz as the Design/Build Firm for the Rock Road Correctional Facility Expansion Project at a fixed firm price of $18,955,000.00, approve total funding of $20,500,000.00, and authorize the Chairperson to sign the contract as prepared by the County Attorney. MSSION ACTION: J(J APPROVED [] DENIED [ ] OTHER: Approved (3-1) ~arnes - No Hutchinson abstained due to conflict of interest. ENCE: -- co""~Attom~ Y Originating De t: ~ Finance: (Check for Copy only, if Applicable) coordination/Sig~~ Mgt. & Budget: ÎI2<O Purchasing Mgr.: Other: Other: Eft. 1/97 H:\AGENDA\AGENDA-CENTEX FINAL COST.DOC '-" ...." MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Board of County Commissioners FROM: Roger A. Shinn, Director DA TE: April 14, 2004 SUBJECT: New Jail Pods ****************************************************************************************************** On January 27, 2004, the BOCC approved the Jail Pod Selection Committee to work with the recommended vendor Centex Rooney/Schenkel Shultz on reducing the cost of the new jail pods. The Committee has been meeting over several months in an effort to close the gap between cost and current approved funding. Items the Committee has looked at are: facility design, housing needs, maintenance requirements, security, operational philosophy, fixtures and air conditioning. Through compromise, the Committee has come up with a design that will meet the minimum needs of the Sheriff/County and still provide for an additional 576 medium/maximum security bed facility. There are still some minor design issues to be resolved but the Committee is confident these can be worked out to the Committee's satisfaction. Centex Rooney/Schenkel Shultz revised cost to construct a two pod 576 medium/maximum security bed facility is $18,955,000.00. This cost does not cover permits, impact fees, wetland mitigation, county consultant, day room furniture or contingency. Attached is a cost breakdown and identified funding sources to cover the complete cost of constructing the new jail pods. 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'r - l..dU.\..IVHi last Gasp Greeks race toward Olympics finish line Ine lYif..U/UW"nlll compames fall Madrid blasts shaking up U.S. security goals Charges McCormick Place bid rigging detailed . March 22, 2004 .....", ASSOCIATIONS AGC Urges Contract Escalation for Steel Contractors ask for relief from steel price spikes on fixed-price public contracts the first 15% increase before it offers relief. At the convention March 10-13 in Or- lando, AGe's board of directors passed a resolution urging the federal govenunent to provide for "equitable adjustment of fixed-price contracts to construct federal projects, including current contracts for such work," while elevated steel prices or delivery delays persiSt. The resolution also urges the federal govenunent to pennit states and local govenunents to use such provisions on projects receiving federal aid. The debate concerned, as members put it, "whose neck is in the noose." Zach Burkett, an he Associated General Contractors of America got one piece of good news at its national convention, where members were reeling from the alarming run- up in steel prices. Federal Highway Administrator Mary E. Peters told the group her agency supports the "appropriate use" of price adjustment clauses for prod- ucts, including steel, in new contracts. "But the states have to decide, we're not going to tell them to do this," Peters said. States "already have the authority to make appropriate adjustments at their discretion," said Peters, referring atten- dees to a letter she delivered to Stephen E. Sandherr, AGe's CEO. But the letter also notes that FHwA policy currently is opposed to retroactive adjustments in existing contracts. "We're looking at the possibility," Peters said. FHwA officials met recently with AGe, the American Road and Transportation Builders Association, American Associa- tion of State Highway and Transporta- tion Officials and National Steel Bridge Alliance to review the impact of the steel price hikes. Market conditions are "out of control," says Conn Abnee, executive director of the bridge alliance, a division of Chicago-based American Institute of Steel Construction (see related story, p.24). States have begun to respond. Claude Oie, state construction engineer for the Nebraska Dept. of Roads, says that his 10 . ENK . March 22, 2004 :'>:.::~":';--':':-3:.';£81'~~;.·".;~":;¡'-...¡j1.,. ;.' :,"1 .,.. can mIuce contiògênCte!fm '"'u...""":; 'C'C"· I. whco they '..."....e during the lire of a project. ¡>to~ . /'or an "'luíiable adj~cnt f~ costs ~=: the St21e tranSp<>f1ation departments may A\thOugt we do not mandate pnce adjustment ucts included in fUture oootncts. Thus. the ~taI.. use them ..appropria!c. for steel or any o~::::ustments, at their discretion. We ore consulting .Irco<!y have the au1hority to make approprt ch ad' ustmcnts. wilh AASHTO 00 appropriate approaches to so ! . 10 be added, n:troaeüvely, to r d not allow price adjustment clauses . th heart of the However. our CUJTCt\t \"' Icy OCSfrctroaetiVC oppucation 10 existing contracts IS at ~ whether 0 exiating contrae\S. This m.~ 0 We arc re-examining our pol1cy to dctenmnc current discussion on oleel pnce ~gcs. change in cunent policy is appropriate. agency implemented a steel price escala- tion clause in new contracts in the state's last bid letting on March 4. NDOR now benchmarks scrap steel prices as indexed on the letting date. Contractors and suppliers submit to the agency invoices printed with the actual purchase date. NDOR then cred- its or debits the difference. It has for several years used similar deals for fuel costs. Minnesota DOT says it is considering es- calation clauses to avoid disrup- tion on long-tenn projects. "We are still studying the mechanics," says senior estimator Joseph Tummers. MnDOT's initial proposal is for con- tractors to absorb Of&c:eollM~ «JO s.v.mr. St. s.w. w.ahir9on. D.c. 2OSeO Refer to: HlPA - \..t .Å. Team. Outgoing President Kelley (left) åhd new President Waltle planned new strategy. asphalt pavement contractor from Gra- ham, Texas, spoke for the minority who opposed price escalation clauses as a "sword that can cut both ways." Escala- tion clauses can as easily become de-esca- lation clauses. A better tool, he said, is a "well-written purchase order" that gives a contractor a cause of action to recover from the supplier. He warned that esca- lation clauses provide a "blank check" for suppliers to raise prices. But contractor Roxanna Horschel, of Acme Fence Co., Anchorage, said she had seen steel for guard rails and fencing go up 45%. "We can only get weekly prices and our supplier will not honor purchase orders," she said. The finn's options are to payor go to court. "But that would stop the project, " she said. In other action at the convention, Jack Kelley, outgoing AGC president, and Teny D. Gray, president of Zurich North America's construction group, signed an agreement to collaborate on an education program to prevent soft tissue injuries. "In our experience, these produce 33% of the injuries, but 70% of the cost" of. workers' compensation losses, said Gray. Kelley and incoming AGe president James D. Waltze worked as a team in the executive leadership council's strategic plan- ning process. The top issue in the plan will be to enhance the partnership between national AGe and its chapters. _ By Janice L. Tæh'f1tlln in OrlarnkJ with Tudor Hampton I ACCIDENTS ..." Possible Steel Failure Probed As Ohio Crane Investigation Continues The Occupational Safety and Health Administration is investigating failed or fractured steel as a possi- ble factor in the collapse of a 2-million- Ib launching truss girder Feb. 16 that killed four workers and injured four at the site of the $220-miIIion Maumee River Bridge project. Pieces of fractured steel from the 40-ft-high, 315-ft-Iong truss crane are being examined at Lehigh University's Engineering ReSearch Center for Advanced' Technology for Large Structural Systems. "We're looking ât many things- we're taking samples of different parts of the truss and shipping them to Lehigh University for various kinds of testing to see if the steel was an issue," says Joe Rutherford, spokesman for the Ohio Dept. of Transportation. Other factors have not been ruled out yet, says Rutherford. The launching truss, one of two manu- factured in Italy by the finn Paolo de Nicola and assembled on site, col- Å Collapse. Steel failure is one factor being exam- lapsed while being repositioned for ined In the collapse of a launching truss crane. segment placement by contractor Fro- Con Construction, St. Louis (ENR 2/23 p. 10). It was not ca~g any of the precast segments, which range in weight from 75 to 100 tons. In the meantime, site recovery efforts are continuing. On March 12, ODOT reopened northbound Interstate 280, which had been closed since the acci- dent, says Rutherford. With equipment including a 500-ton hydraulic boom crane, "we expect to have the vast ma- jority of the debris removed from the site" by March 19, he says. . Workers are using oxygen lances to cut pieces of steel from the fallen crane. About 60% had been removed as of March 15. "That's on the ground and being cut apart as we speak," Rutherford says. The Occupational Safery and Health Administration "will test the truss that collapsed, then apply that in some way to the remaining truss," he adds. "They've done inspections looking for bad welds, loose bolts, etc." Workers are cutting apart the under- bridge, which will be taken to an offsite location for inspection. "The under- bridge alone is 320,000 Ib," Rutherford notes. "The overbridge is gone, mostly. The rear legs are still left and the back half of the underbridge is embedded 6 ft into the ground." Fro-Con hired W1SS, Janney, Elstner Associates Inc., Northbrook, ill., to as- sist with inspections. OSHA is expected to submit a defin- itive "work-fOlward" plan at end of the month to ODOT. "We will digest the plan and assess the options they pre- sent," Rutherford says. "Part or all of that is dependent on OSIW findings." OSHA and Fru-Con officials did not respond to requests for comment. _ By Aileen Cho March 22, 2004 . ENR . 11 _Economies ...., Cost Indexes Construction Cost Index The March CCI has been revised upward, pushing the index's ilnnual escalation rate from 4.4 to 5.0%. 20-Cf1Y: 1913=100 CONSTRUCTION COST COMMON LABOR WAGE $/HR. *REVISED MARCH 2004 INDEX VALUE 6956.53· 14815.92 28.15 % CHG. YEAR +5.0 +4.0 +4.0 % CHG. MONTH +1.4 +0.8 +0.8 Building Cost Index A revision in the BCI's steel component increased inflation measured by the index from 4.6 to 5.8%. MARCH 2004 INDEX VALUE 3858.5!* 6672.07 37.03 20-Cf1Y: 1913=100 IIUIlDING COST SIOUEJ lABOR WAGE $/HR. *REVISED % CHG. MONTH '+1.5 +0.2 +0.2 % CHG. YEAR +5.8 +4:1 +4.1 Materials Cost Index Steel prices leaped 6.8% this month, the largest monthly gain recorded in over two decades. MARCH 2004 %CHG. % CHG. 20-Cf1Y: 1913~1oo INDEX VALUE MotroI YEAR MATERIALS 2139.48· +4.1 +9.1 CEMBfT $!TON 82.87 +0.1 +0.2 STm $ICWT 27.93· ,Hj.8 . +8.7 WM8B1 $/MBF 491.50 +1.4 +11.4 *REVISED Record 2003 Revised Upward The u.s. Dept. of Commerce has slightly revised its ,construction put-In-place data for 2003, nudging up last year's annuai growth rate to 4.4% with $898.7 billion in total con- struction work. The upward revision solidifies 2003's claim for a new record volume of work. Most of last year's gains are tied to a 10.4% increase in the residen- tial construction market, which accounts for 53% of all construction. However, the health-care market made its contribution to growth by increasing 7.4% to $29.6 billion. The two largest nonresidential markets also posted gains. Education work increased 1.0% to $71.2 billion and highway construction grew 2.3% to $62.1 billion. Construction of sewage and waste disposai facilities also joined the growth team with new work increasing 5.7% to $12.7 billion. These gains helped to mask large declines for several markets, includ- ing 16.5% for manufacturing, 14.6% for communications work and 10.4% for office building construction. Commercial work declined 1.7%. Total Construction MMIŒT: YfA/Ì-TO-DAtt 2003 $ BL DEC. , JI!T~ ÇCJ~TR~ÇßO~ " .898.67 . !Jtii!! '.' . . . .' ."471...85 e 4ò.27 Commerciaf . 61.05. ......,--~-'7--- Heafth .care 29.58 Edui:i!.1iònaf . 71.19 CommLlOication . . 1!~;49 , Am4$emerit and recféation19.06 Transportation 24.22 Power . 36.30. HlghwaY.8I)d street 62.05 .sewage aIId w~te disposaf . 1.2.68 Water supply 9.52 Manufacturing 14.10 SOURCE: OEPT. OF COMMERCE. CONSTRUCTiON PUT ·IN,PLACE. . ìÓQ2 % CHG. DEC..' .; . \'fAR ".8!ì(.ª~ ·4:4' 427.55, +10.4 . 44,fI? '. -1Q.4· 62:.11' : -1.7 27.54 +7.4 .70.49 1.8.14 18.91 24.82 36.07. 60.64. 12.00 9.21 16.88 .+1.0 ·~14.6. . +U.8 . -2.4 +Q.6 . +2.3 . +5.7 +2.7 -16.5 Structural Steel, Rebar, Building Sheet, Piling ITEM UNIT ATlANTA 8ALTIMORE 81RMINGHAM 80STON CHICAGO CINCINNATI CLEVELAND DALlAS DENVER DETROIT KANSAS CITY STANDARD STRUCTURAL SHAPES: ~VERAGE cwt +33.11 +33.67 +30.43 +33.23 +27.73 +34.00 +29.92 +36.07 +34.17 24.50 +29.60 Channel beams, 6" DEEP, 8.2 L8Ilf j cwt +32.95 +33.00 +28.75 +29.60 29.35 +32.00 +29.25 +33.95 +31.57 23.60 29.45 I-beams, 6· DEEP, 12.5 L8Ilf cwt +32,88 +35.00 +32.80 +33.00 +27.01 +35.00 +28.15 +35.02 +36.18 25.75 29.75 Wide-flange. 8" DeEP, 31 L8Ilf cwt +33.51 +33.00 +29.75 +37.10 +26.83 +35.00 +32.35 +39.23 +34.77 24.15 +29.59 REINFORCING BARS: Grade 60, #4 cwt 27.20 25.00 25.00 +33.50 +25.15 +40.00 +27.42 +28.03 +35.00 22.23 Epoxy-coated cwt +45.00 +75.00 30.20 +62.00 HOT-ROU£D CARBON STEEL PLATE: 12 gauge, 48" X 10' cwt 28.10 +39.50 +39.36 25.80 +35.00 +40.95 27.00 28.60 23.77 31.00 EXPANDED METAL LATH: Std diamond mesh. 3.4LBISY, GALVANIZED cwt 176.00 164.00 164.01 160.00 172.00 160.25 182.00 120.75 Flat-ribbed, 3.4lB/SY cwt 210.26 194.04 195.00 203.80 212.00 168.90 BUILDING SHEET & PLATE: Aluminum sheet, 3003H14, 36· X 96" cwt 156.40 147.50 125.40 +156.33 160.40 +135.00 +122.10 176.70 182.00 116.35 STAINLESS STEEl SHEET: 14 gauge cwt 125.25 +132.00 72.00 +139.10 112.00 +149.00 +138.05 118.00 136.70 113.65 114.00 16 gauge cwt 128.42 +133.00 74.00 +139.90 116.80 +151.00 +136.85 120.00 140.12 109.40 120.00 20 gauge cwt 133.62 +140.00 76.00 +144.80 123.46 +153.00 +143.25 122.40 150.75 113.40 120.00 STAINLESS STER PLATE: 304,1/4",72· X 240" cwt 130.00 113.00 +138.05 163.00 <:175.00 +138.00 152.75 151.30 112.55 106.00 316. 1/4", 96" X 140" cwt 141·00 +199.20 170.00 123.17 +221.00 166.20 175.00 176.82 116.00 STEn PIUNG: H-PIlE HP10 x 42 . cwt 25.50 +27.00 24.90 23.50 25.00 19.00 22.00 + or - denotes XI,e has risen or fallen since previous report Monthly m3l1<et quotations þy ENR field re¡>orteIs Mard112. 2004. All prlces are spot prices quoted from a single SOUIce. All prlces are FOB warehouse except metal lath. which Is FOB city. StaInless steel sheet prlces are for type 304, 28 finish. 48 x 120-10. StæI plies are hlgh-strongth ÞS1'2,. Some prices may include laxes or dlscoon1s for prompt payment, etc. Product specifications may vary depending on what Is most com- 22 · ENR . March 22, 2004 i ------_.__._-~.._-_.- I . '-'" ..." FOR A COMPLETIt HISTORY OF COST INDEXES, VISIT OUR WEBSITE, ENR.COM Storm in the Steel Industry Hits Prices The storm in the steel industry is hitting ENR's prices with Its full force (see p. 28). After climbing 3.7% in January and 6.4% in February, ENR's average price for channel, wide-nange and I-beams jumped another 5.5% in March. Wide-flange has experienced the largest increases and nange prices are now 18% higher than a year ago. Rebar prices, which started increasing last summer, rose 12% in March to stand 24% above 2003's price levels. Stainless steel products also posted large gains this month. ENR's Materials Price Indexes PR..I~,~. ",.18%... ,..I",UlE.I'IIJ~T;9UAR1'EI\,. ..,..... . '. ""A1TEIIING'YEARSIIF STABII:JTY. ' iI'J' A .·O'N·O .oJ·"·M . 2003·2004" . PRlèÈS tiAveiNiJlìËÃsEif2% THIS ŸEÄR . . . .BUJ~~~UEl,.I)~2I!03~S~EVEL SOURCE: ENR CONSTRUCTION ECONOMICS DEPT. ri'EM STANDARD mUC11lRAL SHAPES: AVERAGE Channet beams, 6" DEEP, S.2l81lF ,1I~DæP" 12.5 µII1..F Wlde-ftange, S·DEEP. 31l81lF íiÈINFÖIIètNG IiÂIIS: ; Gràdij 60,: 14, . ER9xy::ÇQaM·.;. : HOT-RDUn CARBO" STEEl PLATE: 12 gauge, 48" X 1(1'" . EXPANDED METAL LATH: std diamond mesh, 3.4 LBISY, GALVANIZEQ. cM. ,U9.,~ flat-ril1bfKi, 3.4 LBlSV cwt 211,00 BUIÛiING sllEtr' &' PLAn:: AI~n'\Ii¡óin' åh\!èt¡3003HI4, 36" X 96" srA!/CI,ESS.~ SHE~ 14 gauge 16 gauge 20 gauge STAlN~SS STEEL PLATE: 304, 1/4",72· X 240" cwt 124.76 316,114",96" X 140· ewt 157.78 stm PIUNG:H-PILE '. ., '\ ,. HP10x42 ewt· 23.89 . " '.. .... ..' .26.00,20.QQ<20.(X».'< '.' '. ..':..,. '.' 23.99<2~.5Ò.'+44.00.,,t36..00 ==Drto~ac=~;~~C::::so;'~1:en~=:~.~~f~~~~!t.~~:~~~. ~abòvø~~ómW.nd~ìo~t+~'~Ù~;0¡:~9~;~f~~~· ewt' 144.51 Ù~~).3fiJ,··· '+.i38-.èô >tj~9,1'O " ;+~~'1\i; ewt 11 O.3~ eWt 114.72 cwt 114.90 March 22, 2004 . ENR . 23 ~ ...I Cost Report Summary Inflation's Sneak Attack :';: Nobody saw it coming. After more than a decade of ',\relative price stability, contractors have been blind- ,;(,sided by the largest price hikes for materials since the "early 1970s. Steel products caused the most damage but prices for lumber, plywood, gypSun.l wallboard, copper, stainless steel, pipe and fuel are all joining in to pummel contractors. In the steel industty, prices' have hit crisis proportions, affecting everything from bridge girders to hingesò In the first quarter, construction faced price hikes for steel products ranging from 20 to 60%. Firms with fixed-price contracts were devastated. Many are being pushed toward bankruptcy, with fabricators particularly vulnerable, observers say. Going forward, virtually everyone is abandoning the fixed-price approach if they can. Owners who have grown accus- tomed to shifting risk onto contractors are seeing some of that risk couùng back home. "We are quoting just 30 days out and telling clients that prices will be ad- justed every month. And we are putting it in bold print in the contract," says Jim Mangarella, an estimator with JM Ahle Co. Inc., a uù$:!-sized rebar fabricator in South River, N J. With pricing uncertainty making hard- dollar contracts risky, industry associa- tions are petitioning government agen- cies for relief through escalation clauses on new contracts (see p. 10). Sticker Shock "I think project cancelations are right around the comer," says William Brack. CEO ofB:irker Steel Co., Milford, Mass. He believes that higher steel prices are working their way up the chain of com- mand and soon will create sticker shock for both public and private owners. In- dustry sources say that state transporta- tion departments, already working with limited budgets, will have to start priori- tizing projects. , i 24 -ENR . March 22, 2004 -~~-----~._---_.- . ~ :.i IE 11 I " .. ~ ~ ;¡ !; ~ ~ ". Ë Some fear higher steel prices may stunt the rebound in the commercial building market, which is just now emerging from recession. "The office market is most vul- nerable, with steel accounting for 5 to 10% of average cost," says Robert Mur- ray, vice president of economic affairs for McGraw-Hill Construction Dodge. But if the economy sees some pickup in employment, office construction could still register a slight upturn in 2004, he says. "The runup in steel prices will damp- en the emerging recovery for commercial building, but not derail it," Murray pre- dicts. There is concern the explosion in steel prices will push general inflation. "This type of uncertainty starts to drive overall pricing because you don't know what you are getting into and you have to hedge your bets," says Karl Almstead, vice pres- identat Turner Corp., New York City. Almstead believes inflation will. pick up this year due to pressure from materi- als prices. But labor costs remain steady and there is still competitive pressure to keep the selling price of construction low, he adds. "It would be alamúst to say con- struction inflation is going to take off." Nevertheless, materials price pressure is widespread. ENR's 20-city average price is tracking annual increases of 41 % for plywood, 15% for lumber, 17% for ductile iron pipe and 16% for copper water tubing. Energy prices also remain high. How these levels translate into overall inflation is a major question for the industry. "While commodity prices have exploded, core inflation in the over- all economy remains low," says John Mothersole, an economist with Global Insights, Washington, D.C. Anti-infla- tion forces remain strong, he says. In particular, market fundamentals point to lower energy prices and Global Insights predicts that oil prices will fall from today's $36 per bbl to under $30. The company's forecast also calls for stainless steel, copper, scrap and steel prices to begin declining soon. "We are optimistic that moderate core-inflation for the overall economy, which the Fed- eral Reserve Board looks at in setting $IIOs! .560 ,,-, ,. " , , . ", _ . u - ';SthicfUrðj PánãfPtioos" 480 40'0 3~0 ..J j'Ì',~)fW';MJ JA SON Ó J F . 2002 .' '. ,.~. .2003. . 2004 ". .SOURCE: IWiDoM LENGTliS. COMPOSITE PRICE FOR STRl!CMAl p~; i~II~i$8Q.n; P(¡>Wooó AN&òsQ. '. 'Un - ". -.- - ... -, ",,:,., - _ - _ - , - "_ - - '_ _. _ - - "',<"j, ~,:_: :";-_'_:"~\':";-',:/_<,i ,",,_' ~~,'_:¡«",~,-_ <. >. ~ ':, _ '," - .. ,'- - _ ',: .," _ - _ "::'" - ,,-,:.. <-',::-:<\-?{:' ),·-::~~::'.·:<>?)-:-'~-j';,i.· ':._ -.:,;',: .:'p-;;~~: ENFt's20..Cîty AverageFirstQ~äijíf,'r~..jØQS:' .... itEM AWMINUM SHEET ASPHALT, AC-20 BRICK coN~ETEBlOCK LGT,'8" X 8" )(16" CONCRETE READY MIX, 3,OOO-psi 4,OOO-psl 5,OOO-psi CC!IiRUGATEQ STEEL PIPE, 36-ln. CRUSHED STONE, Base course . Concrete course Asphalt course C:ÖPpEì!"'ATQTUBE,*"in. 1*"in. "CClRRUGAtøJ,~ PIPE, 60," DUCTILE IRON PIPE, 8" , 12-ln. GYPSUM BOARD, %" INSULATION, Roofing R-30 Wall R-19 LUMBER,pPmmon 2x4 PARTICLE BOARD, "" pLYFORM, %" thick PLYWOOD,"" thick PO!lTlAHD CEMENT; Type one PVC WATER, 8-in. 12-ln. PVC SEWER, 4" ~" REINFORCING BARS, Grade-60 REINFORCED CONCRETE PIPE, 24" 48" STAINLESS STEEL, 14-gauge 16"gaugè 20~gauge STAINLESS STEEL PLATE, 96x140-ln. STRUCTURAL STEEL SHAPES, Average 2001 146.80 154.17 320.76 120.27 67.22 71.21 75.18 1.8.24 7.09 7.59 8.37 , .0.68 2.42 5Ò.75 '. 10.90 16.92 206.58 5.11 3.74 474·10 325.42 872.60 49M3 80.63 5.46 11.54 0.83 2.72 24.60 19.20 61.09 122.61 125.78 131.82 167.61 26.57 20\}2.'. 141.49 142.76 331.8~ . fM.øß 72.68 76.43 80.14 17;82 7.83 8.06 8.78 Q.7t . 2.46. 46.37' 11.12 17.34 196.61 5.31 3.81 429.94 334.25 821.82 482.41 81.89 5.41 11.30 0.82 2.6:4 24.00 19.40 63.46 110.15 113.01 117.11 154.16 27.00 21!03'" 145.33 174.87 336.20. 128~12 75.08 78.86 83.21 18.56. . 7.84 8.19 8.82 .0.77 2.53 48.05 11.01 17.28 203.27 5.54 3.95 3~9.59 353.56 829.57 476.75 83.Ò7 6.10 12.68 0.91 3.Q2 24.52 20.01 65.62 110.29 112.84 115.90 155.70 25.71 ,,~ 139.46 166.76 333.87 lào~17 76.16 79.54 84.09 1~.~ 7.96 8.27 8.94 0.89 2.94 . 50.21 12.63 20.24 213.37 5.53 4.10 460.47 373.84 987.59 670.34 "83.52 6.01 12.25 0.93 3.21 30.28 20.85 69.22 118.25, 12Q.48 123.37 164.81 29.04 '.',....;' % CHG~ -4.0 -4.6 41.7 +1.6 +1.4 +0.9 +1.1 +4.3 +1.6 +1.0 +1.3 +14.8 +16.4 +4.5 +14.6 +17.1, +5.0 41.2 +3.9 +15.2 +5.7 +19.1 +40.6 +0.5 -1.4 -3.4 +2.8 +6.3 +23.5 +4.2 +5.5 +7.2 +6.8 +6.4 +5.9 +11.5 SOURCE:ENR CONSTRUCTION ECONOMICS DEPT. PERCENT CHANGE IS JUNE 2003 VERSUS MARCH 2004, PRICE QUOTES ARE PER TON FOR ASPHALT AND AGGREGATES, MSF FOR PLYWOOD AND GYPSUM BOARD, FT fOR PIPE AND CWT FOR StEEL, REBAR AND METAL PRODUCTS. STRUCTURAL STEEL IS AVG. OF CHANNEL, WIDE-fLANGE AND I·BEAMS, March 22, 2004 . ENR . 25 I Cost Re~rt ., Summary Construction. Materials' Rric.eMovementil1 2003-04 interest rates, can be maintained," Moth- ersole says. ;;~<;' :.-..:;,:,..,>_,,,-.._,._,-. "'>,:"..:: .<' --.':,' "'_':.:'<''':'''::'~''.:' -'-:-'/"_:'-_"_'<_":";. '~'\",__.r''''_,<,::....:-:,'_''-'.,'' ',' JUNE JULY AUG. S£P. OCT. NOV. DÈC. AGGREGATES Mon1hly\\mg. +0.2 0.0 +0.1 +0.3 +0.1 +0.1 +0.1 Steel's Tangled Cost Web Annual \\ OOg. +2.3 +2.1 +2.2 +2.5 +2.7 +2.8 +2.~ The surge in steel prices was triggered ALUMI8UM SHEÊT ; Monthly \\ mg. +0.1 0.0 0.0 0.0 0.0 NA NA Annual \\ chg. +1.3 +1.3 +1.3 +1.3 +0.6 NA +0.3 when mills tied prices directly to volatile BARS, CARBON Monthly \\ chg. +0.2 -0.1 +3.9 +0.1 +3.4 +0.4 +6.4 scrap prices that had increased 88% dur- Annual \\ mg. +6.9 +7.0 +11.5 +11.1 +15.3 +17.1 +24.5 ing the previous two years. Huge demand BITUMINOUS ¡:ONCRm Month~ \\cI1g. -0.2 '-1.2 +0.6 +0.3 -1.4 +0.5 -0.1 Annual\\ OOg. +5.7 +3.8 +4.9 +4.8 +3.2 +4.0 +4.3 from China is cited as the main culprit in BRICKS Month~\\cI1g_ +0.3 ---º'º-~-~-----±--º=-!""_~~~ driving scrap prices up. "China increased Annual \\ chg. +0.9 +1.0 +0.5 +0.4 +0.4 +0.7 +0.6 CEMENT Monthly \\ chg.. +0.1 -0.1 -0.3 -0.2 +0.1 -0.3 -~ its steel capacity by 38 million tons in Annual \\ chg. -0.5 '.-0.6 -1.4 ,.,1.5 -1.4 ":1.4 -0.8 2003, or about one-thÍrd of total U.S. ~PER, PIPE AND TUBE Monthly \\ chg. +2.0 +0.7 +1.0 +2.7 -1.9 +4.2 +3.3 Annual \\ cI1g. -7.9 -{î.7 +0.6 +5.7 +6.5 +11.0 +12.9 capacity in one year," says Joe Stratman, DIESEL filEt MonIhtY\\OOg· +2.2 +3.3 +4.1 -{î.6 +11.0 -{î.2 +2.1 general manger of Nucor-Yamato Steel Annual \\ chg. +22.4 +19.6 +20.1 -1.3 '. +2.5 +12;1 +12.7. Co., Blytheville, Ark. "That's huge." FABRICA'ŒD STEEl., BlDG. Monthly \\ chg. -0.2 +0.2 +0.1 -0.1 -0.2 +1.1 +0.5 Anooal \\ chg. -3.1 -2.7 -2.3 -2.0 -2.0 -0.7 +0.1 While China is driving the bus, there GlASS, RAT Month~.!\ chg. . . +0.3 -0.5 :-0.4 -0.1 .,,1.5. . .+0.3. . .-0;1 are many other passengers, says Joe Rut- ~%chÌI, +1.8 . :..0.5 +0.4 +1.4 -0.3 ~1.3 :":1;7' GYPSUM PRODUCTS Month~ \\ mg. -4.0 +3.9 -1.1 +5.3 -3.1 +1.7 +1.0 kowski, Nucor's executive vice president. Annual \\mg. -5.1 +2.1 -1.3 +3.8 -0.5 +1.9 +3.1 Besides scrap, virtually all other input INSULATION _Iy\\oog. -0.3 -0.8 -0.6 +0.3 +1.3 +1.7 -0.6 costs have risen sharply, with the prices of Anooal % cI1g. +0.1 -0.7 -2.9 -2.2 -1.0 +1.7 +2.3 LUMBER, SOfTWOOD Monthly \\ chg. +1.1 +3.6 +0.7 +7.3 -3.5 +0.7 -0.3 some alloys tripling, he says. Domestic Annual \\ OOg. -3.1 +0.2 0.0 +8.8 +7.2 +8.9 +8.5 demand also is up as world supply declines PAIRT . MonthIy%cI1g. +0.1 +0.5 +0.2 -0.2 +0.1 +0.5 +0.2 Annual \\ mg. +2.2 +2.8 +2.9 +2.3 +2.6 +2.7 +2.9 with major suppliers such as Russia and PLYWOOD Monthly \\ cI1g. +2.4 +9.0 +2.5 +16.3 +5.4 +1.0 -7.1 Ukraine restricting exports. "Nonnally, Annual \\ chg. -2.9 +7.8 +9.1 +29.2 +36.6 +39.9 +30.8 we would go somewhere else to relieve REAllY-MIX .CONCREtE. Month~ \\ mg. -0.1 -0:1 +0.3 -0:1 -0.1 +0.3 +0.7 Ani1uaI%chg. +0.3 +0.4 +0.7 +0.3 +0.5 +1.(1. +1.3 [cost] pressure but there is nowhere to REINfORCING BARS MonIhty \\ mg. +0.2 -0.1 +3.9 +0.1 +3.4 +0.4 +6.4 go," Rutkowski says. Annual % cI1g. +6.9 +7.0 +11.5 +11.1 +15.3 +17.1 +24.5 SllEETMETAL . Monthly \\OOg. +0.1 +0.1 ~.2 +0.1 +0.3 -0.1 +0.' China also disrupted the market by Annual % chg. +1.0 +0.3 +0.3 +0.1 +0.6 .+0.7 +0.6 diverting coke exports for its domestic Monthly % OOg. -0.6 +1.0 +0.7 +0.7 +1.5 +1.3 +2.0 Annual '" Chg. +1.5 +1.8 +2.2 +3.3 +6.2 +7.6 +9.4 consumption at the same time a major SOURCE: BUREAU OF LABOR STATISTICS. NA= NOT AVAILABLE mine fire disrupted U.S. domestic coke supply. The severe shortage in coke forced integrated mills to increase the ~NR'sM~terials Price Index (1983-2004) amount of scrap they use in their melts from 10 to 25%, says John Anton, steel 1$1~1qoJAN. . FEB. MARCH . APRIL r.,AY JUNE JULY AIIG. SEPT. .OCT. NOV. .D~. analyst for Global Insights. 1983 1624 1656 1641 1642 1656 1662 1684 1684 1653 1645 1631 1631 1984 1622 1628 1632 1646 1639 1626 1614 1613 1616 1806 1606 1602 But Anton predicts that scrap and 1985 1603 1608 1604 1610 1610 1616 1645 1637 1619 1619 1623 1611 steel prices will turn back down after 1.. 1607 1009 1612 1621 . 1654 1655 '1643· 1633 1639 1648 ;645 1644 peaking in the second quarter. Scrap 1887 1646 1638 1646 1655 t$5(1 1646 1655 1665 16115 11¡7!¡ 16$4 1701 188. 1686 1686 1693 1701 1698 1699. .1697 1708 1698 1688 1689. 1885 prices already are starting to ease as ris- . 1989 1689 1675 1676 1881 1883 . 1684 169; 1706 1710 '1709 170.8 1708 ing freight costs choke off scrap exports 1990 1700 1707 17;1 1714 Ù28 1743 1742 1729 1727 1723 1718 .1700 to China. And domestic coke production 1991 1701 1695 1693 1682 1686 1691 1708 1753 1735 1726 1724 1712 should be back on line this summer as 1992 1712 1704 1738 1751 1774 1787 1777 1771 1768 1784 1777 1788 1993 1807 1806 1846 1944 2098 2092 2010 1972 1946 - 1952 1970 1995 growth in China slows, Anton says. By 1994 2036 2093 2109 2120 2113 2083 2064 2055 2048 2039 2029 2029 this time next year, these forces will drive 1995 2031 2024 2009 1999 1989 1987 1996 1993 1965 1968 1979 1974 down the average price of structurals and 1896 1973 1977 1985 2000 2013 2028 2039 2062 2094 2139 2168 2072 1997 2206 2207 2189 2254 2262 2293 2269 2238 2225 2207 2166. 2195 rebar 14% to $365 per ton, Anton pre- 1898 2185 2186 2177 2189 2187 2178 .2169 2172 2192 2177 2174 2165 dicts. Prices then win hold near this lev- 1999 2173 2161 2151 2158 2156 2157 2184 2208 2230 2228 2211 2192 el, well above the $307 average of 2002. 2000 2197 2224 2228 2225 2241 2219 2198 2191 2177 2163 2151 2127 "Long-tenn steel prices. will be trending 2001 2122 2108 2116 2104 2105 2120 2189 2152 2097 2097 2088 2056 -~--- upward with each cyclical trough higher 2002 2045 2045 2062 2039 2063 2070 2070 2049 2044 2029 2016 1992 2003 1987 1981 1961 1960 1970 1961 1954 1976 1974 2003 2031 2011 than the last," he says. _ 2004 2008 2056 2139 By Tim Grogan 26 . ENR . March 22, 2004 I ~ . Cost Report Steel ." Huge, Quick and Volatile Price Hikes Stun Fabricators and Sting Industry f , Mills claim increases are tied to scrap metal unprèdictability The mo st severe cost Cri.S.iS in liv- ing memory has hit fabricators and contractors that work with anything made of steel. And nobody saw it coming. Struc- turals, plate, rebar, mesh, studs, duct- work, guardrails, fences-if it was a product made with steel and you had. a fixed-price contract to deliver it during the first quarter, you were in trouble. And the contractual ripples are expected to be felt for many months to come. Reinforcing bar prices made the first move last spring while structural steel prices began moving up in the fourth quarter of 2003. But the unprecedented, across-the-board price increases that fol- lowed during the first quarter of this year stunned the industry. "If this trend con- tinues, it has the potential of putting the majority of fabricators in the u.s. out of business--and I mean the majority," says Robert Abramson, president of Interstate Iron Works Corp., \Vhitehouse, N.J. Several other fabricators agree that this is not an extreme statement. At the beginning of 2004, steel nùlls started indexing their base price directly to the price of scrap, which had increased 41% in 2003 afterjurnping47% in2002, as China drove demand for global scrap (see related story p. 24). Scrap is the basic raw material of IIÙni- nùlls, which produce most construction materials. These mills responded with surcharges that raised prices dollar for dollar to match increases in scrap prices. The nation's largest minimill, Nucor- Yamato Co., Blytheville, Ark., tacked a $20-per-ton surcharge onto its wide- flange products inJanuary, saysJoe Strat- man, plant general manager. This rose to $49 in February and $93 in March. This action followed four increases in 28 . ENK . March 22, 2004 Nucor's base price for most wide-flange products in the second half of last year, rang- ing be~een $10 to $15 per ton each. Nucor just an- nounced another $25-a-ton increase in its base price in February, which brings the average price of a ton of steel to around $420, says Strat- man. The $162 in surcharges would boost that price anoth- er 39%, and fabricators are bracing for more surcharges in April. For many in the industry, the surcharges came as a total surprise. One week before Christmas, Frank Williams, partner in The Williams Group, Merrifield, Va., met with ~o suppliers regarding delivery of steel for a large project over a three-to-six month period. "They said they could not hold prices past April 1, which I felt we could deal with," says Williams. "Then two weeks later, I get a 'dear valued customer' letter with these huge surcharges." Using sur- charges as cover, "we have seen suppliers run in mass from existing quotes in con- tracts and just not honor them," he says. Bridge fabricators may be in a better position to weather the storm because they tend to be more financially sound after five years of robust markets, says Williams. But commercial building fabri- cators, still struggling to emerge from . recession, are vulnerable to the current situation. "I think you are going to see a tremendous number of very large and very old fabricators shut their doors in the next six months," he predicts. Rebar fabricators are in the same boat. For the past 30 years, reinforcing steel prices have been very steady, keeping in a plus or minus 10% bandwidth, says William Brack, CEO of Milford, Mass.- based fabricator Barker Steel Co. So he figured last spring's $35-per-ton price increase was the firm's hit for the year. "What happened after that, nobody was prepared for," he says. \Vhat followed was another $50-per- ton increase in the fourth quarter of last year. "At that point, people thought that was a record and we had a crisis on our hands," says Brack. But the real crisis was still coming with another price hike be~eenJanuary and the end of April that will total $170 per ton, if announced ( < '-' .""., < (, f , increases are included, he adds. To make matters worse, there are increasing concerns in thè market about availability and delivety times. Because supply problems are playing a crucial role in price escalation, mills cannot ramp up production to rake advantage of higher prices, as they nonnally would if demand was the primaty concern. "Business is being driven now by the ability to maintain the availability of sup- ply," says Brack. Ironically, he thinks that this may be fabricators' best hope in escaping the current crisis, since owners tend to fear the cost of project delay more than higher materials prices. "We are talking to our customers, and to keep their jobs running, we need some coop- eration in tenns of price relief," he says. Perhaps the most damaging aspect of the current steel market crisis is the un- certainty it has sown; Mills are not tip- ping their hand on what prices will be. "Price quotes for structurals are good for 30 days, at best, and pipe quotes are only good for a few weeks," says John Murphy, chief procurement officer for Black & Veatch, Overland Park, Kan. "No one knows how high prices are going or how long this situation will continue." Wtre mesh is among the most unpre- dictable material, says Brack, whosefÌnn also runs a materials warehousing opera- tion. Mesh suppliers are only quoting prices at time of delivety but will not guarantee when that delivety will be, he says. Try putting that into a bid estimate. "It is impossible to put together an estimate in today's environment," says Joseph Majewski, president ofJPM Con- struction Consultants Inc., Spring Lake, N J. '"How do you tell a client that this is the best guess because I don't know what is going to happen 10 days from now?" Majewski is trying to cope with three announced price hikes totaling 50% for '$ÍtOn 220 180 140 100 60 1020 30 ,4010 20 ,. 3Q 2001. 2002 4010 20,30 2003 40 10 20 30 40 2004 SOURCE: GLOBAlI!i,SIGI:fTS INC. SPØIPRIC6OF S1al'CAAP, NO.1 HEAVY MElJ, THßEE-CITY AVERAGE. metal studs over the next 45 days, with no guarantee that the actual price increases will not be even higher. "You include a contingency and hope you've got it cov- ered," but in the end a contingency is just a guess, he says. This higher risk factor is changing the way contractors now do business. "His- torically in our industry, we've built esca- lation into our jobs," says Eric Benson, president of San Diego-based Pacific Coast Steel Inc. "Now, we're quoting projects with open esca- lation tied to the rising price of steel and some owners are getting stick- er shock." Benson says that general contractors "are corning back to an industry that has histor- ically absorbed the price escalation and saying, '\Vhat are we supposed to plug in for our escala.;. cion?'" Firms may be "forced to deal with what they may consider non-responsive bids," he adds. This uncertainty is creating a thriving envi- "If this trend continues, it has the potential to drive the majority of fab- ricators in the u.s. out of business." -ROBERT ABRAMSON, PRESIDENT, INTERSTATE IRON WORKS CORP., WHITEHOUSE, N.J. ronment for inflation. "The risk is that in trying to guess what is going to happen in the next six months, finns start factoring in more escalation than actually hap':' pens," says Neil Platt, Pittsburgh-based purchasing manager for Turner Corp. "In the fourth quarter, we lost a lot of really large jobs to really low-priced com- petition and we were forced to survive on smaller jobs," says Jim Mangarella, esti- mator for JM· AhIe Co., a South River, NJ.-basedrebar fabricator. That turned March 22, 2004 . ERR . 29 ".Com R:rt Steel out to be a blessing in disguise, with small jobs' shorter cycle offering some protec- tion against unexpected price hikes. "Now our larger competition is overbid- ding prices like crazy," he says. Escalation clauses may help elevate the problem of overbidding, says Wìlliams. "Otherwise, people are going to put in high bids up front to cover the risk factor," he says. The current steel price and supply sit- uation is putting "an/ enormous cash strain on all contractors honoring fixed- price contracts," says Bing Drastrup, president of Santee, Calif.-based J.L. Davidson. As a result, "the industry's abil- ity to offer fixed prices at this point is vir- tually gone," Drastrup says. "If you have a project that's long range... we are 00- able to put a firm price or to guess what the price may be." Exacerbating the problem, credit also is tightening drastically. Only six months ago, 45 to 50-day payment tenns "were quite acceptable," says Drastrup. Now, "it's net-30-or-nothing. And, if you're over your credit line, it's cash with ship- ment," he says. Further straining cash- strapped fabricators, a credit line now buys only 60% of what it did six months ago. Between supply shortages, shrinking . . ......,........:... ...............-.-....... Charinel.··S~a~~,6"¡t). ...." .$IIò/1. 430 Rebar and.Structurål Steel Prices 390 350 310 270 1020 30 2001 401020 . 30 2002 SOURCE: GlOBAl INSIGHtS INC. COMPOSITE PRICE OFí\U:(.ONG PRODUCTS. credit, and a cash drought, "you're get- ting it from all sides," Drastrup says. Higher prices are complicating other basic business issues. "The product we are now carrying has doubled in cost and that means the financial resources you need to carry that product are also in- creasing," says Brack. "We can't bankroll a contractor and a contractor can't bank- roll an owner." Finns are now pushing for stability. "We're going back and asking clients to make price adjustments that will hold us harmless for price increases going for- ward, so we can stop the bleeding at some vt.a~+FÎånge, 8~in. " CHG. " CHG. 1Q žQ 3Q. 4Q YEAR 10 20 3Q 4Q YÈAR 1994 23.05 23.65 24.16 24.18 +8.5 1994 24.86 24.50 24.74 24.73 +8.0 1995 24.92 24.92 25.00 24.92 +8.1 : ,1995 25.63 25.57 26.78 27.11 +3.1 :'1996 24.80 25.02 24.77 24.69 +3.0 'ì1996 27.28 27.51 27;41 27.36 +11.7 1997 24.83 25.37 25.37 25.83 +0.1 '\1997 28.35 27.88 27.69 28.09 +3.9 1998 26.53 26.44 26.21 26.08 +6.8 :;1998 29.09 29.79 30.03 28.57 +2.6 1999 24.92 24.76 25.63 25.70 -6.1 ',1999 27.14 26.82 27.46 28.03 -6.7 ZOOO 26.50 26.35 26.09 24.86 +6.4 .'2000 28.99 28.75 29.00 29.52 +6.8 '2001 24.34 24.34 24.64 24.55 ..s.1; ..2001 27.24 27.28 27.18 27.53 -6.0 2002 24.98 24.50 24.54 24.69 +2.6 <2002 27.84 28.33 27.18 26.76 +2.2 2003 24.46 25.04 25.02 24.51 -2.1 2003 25.63 26.07 26.23 25.42 -7.9 2004 27.90 +14.1' >2004 29.74 +16.1 Re.I"fqicingBal'$,Ø"a~e"~ .. ." .,_.. -,",,' _'C."_ . ';;;~MJftlåie, 12..Gâuge " ··············"cH¢ ',"-;. " CHG. 1Q 20 3Q 40 . YEAR ';,10 2Q 3Q 4Q YEAR 1994 23.10 24.01 24.70 25.14 +11.8 ..1994 25.81 26.95 27.55 26.00 +10.6 1995 25.30 25.27 25.09 24.85 +9.5 .,1995 28.94 28.04 27.67 26.55 +12.1 1996 24.90 25.23 24.68 25.24 +2.1 '1996 26.01 26.90 26.10 26.36 -6.8 1997 25.36 25.83 26.28 25.77 +1.8'. . :.1997 26.36 26.78 26.80 27.01 +q 1998 25.82 25.90 26.50 25.96 +1.8 '1998 27.10 27.29 27.07 25.18 +2.8 1999 25.49 25.22 26.27 26.20 -1.3 :1999 25.36 24.58 24.95 24.94 -6.4 2000 26.50 26.61 26.78 26.33 +4.0 2000 25.56 25.92 26.09 25.66 +0.8 2001 24.60 25.11 25.28 24.10 -7.2 . 2001 23.62 23.62 23.81 23.61 -7.6 2002 24.00 24.71 24.79 24.47 -2.5 .' 2002 23.55 24.73 25.61 26.01 -6.3 2003 24.52 24.41 25.13 25.58 +2.2 2003 25.36 25.15 24.98 24.58 +7.7 2004 30:28 +23.5 . :2004 29.29 +15.5 sô~ilc£: ENks CQNSTRUcTlON ECONOMICS DEPT. PRICES ARE 20.CI¡;¡Å~fÍAGE;pÉRoWtrÉRCENT CHANGES. ARE MARCH,.~. MARCH. 30 . ENK . March 22, 2004 Forecast , ".. ,- , " , 40 10 20 30 2003 40 10 20 3Q 40 2004 point and try to recover," Drastrup points out. More seasoned and flexible contrac- tors seem to understand that replacing a fabricator is likely to drive up costs fur- ther, Drastrup says. A new vendor will likely seek full market prices rather than the cost adjusnnents requested by the fabricator already on board. "On existing contracts, there is not enough money in the pipeline," says Williams. "It is going to be very difficult to get reimbursed on some of these unprecedented cost in- creases." _ By Tim Grogan, with Paul Rosta Pricing Til11e lag T·.. . h. e. 0.' nslaught of higher steel prices that . began hammering contractors .at the start of the first quarter slammed into ENR's published.· prices. during February' and March. By the end of the quarter, ENR's 20-city average price had increased 15.5% for channel beams, 19.4% for wide-flange beams, 18.4% for grade-50 reinforcing bar. and 20.2% for steel plate. These quartel1y gains make up the bulk of the year-to-year price.increase (see table). SO!11e readers of ENR have expressed con- cern that the steel component for the February cost indexes was· up only 3.8% for the year. However, the published February cost index is computed using the published January steel price, which in turn was collected in mid- December. Readers can find the most up-to- date prices on the construction economics page in the fourth issue of each month (see p. 23). - "- EqU¡pmen:::ost Reportl Producers Struggle With Steel Prices Competition says 'no', slim margins say 'yes' to passing cost on T· . his year's sharp escalation .in steel prices has manufacturers of work trucks and heavy con- sthiction equipment keeping a watchful eye on their futures. "Our product prices are directly af- fected by the price of steel," says Mar- garet A. Tue, purchasing manager for Stellar Industries Inc. The Gamer, Iowa- based producer of truck-mounted imple:" ments reports a 30% increase in raw-steel costs since January, with no signs of price relief in the near-tenn. The rising cost of steel in the D.S.- some call it the fastest and strongest spike in 25 years-is cutting into the already~ slim profit margins of domestic equip- ment manufacturers, which often have trouble passing lúgher production costs along in a very competitive marketplace. The potential cost squeeze is casting a foreboding cloud over an otherwise bright year that promises to be the best since record sales dropped off in mid- 2000 (ENR l/19 p. 23). Caterpillar Inc. says it is watching the steel market "very closely" and has "a nwnber of efforts under way" to contain price~, says Peoria, Ill.-based spokes- woman Lori 1: Porter, who would not offer further comments. General Motors-Isuzu Commercial Truck, Cerritos, Calif., already has estab'- lished 2005 truck prices, says Todd Bloom, vice president of marketing. "We don't see today's steel pricing having an effect." But that could change in the fu- ture, he adds. Analysts indicate that producers may attack the problem by cutting down on dealer rebates, wlúch now are plentiful, or restructuring operations to offset steel costs. However, consolidation already has forced lean manufacturing on many pro- ducers. \Vith margins thin and demand rising, manufacturers may be tempted by the third option of pushing costs toward the buyers in the fonn of lúgher prices for the products. "The manufacturers may say, 'Let's shake the bushes and find out what we can do to cut costs.' Or say, 'We've elim- inated everything to the bone and we're going to pass this along in our price increase,''' says Stephen Haggerty, New York City-based machinery ana- lyst for Merrill Lynch. "It's just a question of where in the value chain it gets absorbed." Steel is a big issue for manu- facturers of trucks and heavy con- man for Parker Hannifin Corp., a $6.4- billion producer of equipment in- strumentation and hydraulic parts. Smaller finns with limited resources often may have no choice but to pass the buck. "It puts us at a huge [competitive] . disadvantage," says K. Erich Rose, own- er of truck body upfitter KE. Rose Co., ·'fetaJ.Costs·· in Heavy Equipment* !ton and' Nömétrou$ Steel Metals TypéQf~qtlipJ11l!nt Fårm, Construction and Mining Genèr~llrídustrîal ~Q9.j~~~1!ri~ T~rt¡ines JL sß9~¡es,.. . ";AlJtoíÍlötivè Parts 9%' 1% 6% 2% 14% 3% 8% 8% Á Down the Une. Reet owners may see steel's impact reflected In higher equipment prices. struction equipment because it consti- Huber Heights, Olúo. For example, Rose tutes a heavy chunk of their overhead says the cost of stainless-steel dump bod- costs (see table). Likewise, suppliers of ies has increased by $1,500, or 33 %, since components, such as engines, axles and January. hydraulic cylinders, also are feeling the Some industry analysts say that if steel supply crunch. "Steel is not our biggest costs continue to rise, buyers may see 3 % purchased material, but we are still fortu- to 5% price increases by the year-end on nate to have negotiated rates with our new trucks and equipment. _ suppliers," says Jim Cartwright, spokes- By Tudor Hampton March 22, 2004 . ENR . 31 """) . """) . I I I >- I I w Ú 2 ti u ;æ CI I . - )( ... I u ::> '" I I ... '" 2 W CI u Z LU 0 0 ..J üJ ::::J ::::! OLU ::::J Z LUe;¡ « CO 0.. IZ Z >< 0« e;¡ LU (/)I üJ >- LUO LU t- Zo 0 ~ Ot- t-t- >- 0 (/)0 t- « ~LU Z LL -, ::::J ..J :ïEco 0 « >-::::J 0 Z e:::(/) 0 LU ¡:: «(/) 0 ZLU 0 -t- ::::J LU :ïE« Q ..J e::: ~O u5 e::: LU 0 e::: 0 0.. '" ::r: ü a. C) (() ::> ~ £ 0 .. > !II ro C;; ~ >- 0:: ~ ~ ~ III u.. W C Il. l- I- l- re 2 .1:: W 00 00 w a. Ü ¡¡; W ::E :::¡ :::¡ ...J U ::r: ::r: Il. I- U I- U ::E 00 z 00 z 0 <C ::> <C ::> U ...J U Il. U Il. )0- W w <C 0:: C) 0:: C) ...J :> ...J 0 Il. Z Il. Z <C 0:: C Z c Z ¡:: Il. 0 0 0 0 Z Il. C iñ iñ :: <C w ::E ::E ~ w -- 00 -- 00 00 C!;:gC!;¡;:¡ U C) :i C) :i III Q::ZOCCi Z 0 z ::E z ::E ::> a...::J a.....- «J«><:t ::> 0:: ë 0 ë 0 00 õ~~~ u 0 Il. ...J U ...J U C) a. -'= « U 0 5 5 z '" !JÎ I- 00 00 (ñ '" E w III III Ü w w :::> <I> w l- I- ûj U ::r: ::r: 0 >- ::> ¡:: u 00 u 00 ::r: (/) ...J W Z w Z '" ¡..: 0 0:: 0:: a; 00 z w ü: w ü: III > '" E eo ('II M '" êt .... Q Q 1U2 @ .... .... .... o .. <C <C III .¡¡¡O - J!! tfö \w ..."I . TO: COUNTY ADMINISTRATION MEMORANDUM 04--58 Board of County Com FROM: Douglas M. Anderson DATE: April 26, 2004 RE: 2004-05,2005-06, 2006-07 Projected Jail Budgets I have received the first draft of the above referenced jail operating budgets. In these budget presentations, we are projecting 100 federal inmates for 2004-05 (May-Sept), 80 federal inmates for 2005-06, and 70 federal inmates in 2006-07. The estimated budget including start-up costs for 2004-05 is $18,599,679 after deducting revenue for federal prisoners. As you can see, the current budget is $15,243,373. Our medical consultant for the jail has recommended a 40-50% increase or $909,321 in inmate medical costs. This increase is also reflected in this budget. As you know, we plan on going out for Requests For Proposals (RFP) this summer for these services. As we go through the budget process, we will be reviewing and hopefully refining these numbers with the Sheriff's Office. DMAlab 04-58 c: Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management and Budget Director Ken Mascara, Sheriff Garry Wilson, Chief Deputy Toby Long, Finance Director, Sheriff's Office Pat Tighe, Major - Director of Detention Attachment '- -."",I PROJECTED JAIL EXPENSES 04-05 03-04 04-05 05-06 06-07 PROFESSIONAL FEES 25,000 25,000 25,750 26,523 INMATE MEDICAL 2,210,679 3,120,000 3,432,000 3,775,200 ACCREDITATION 3,000 3,000 3,090 3,183 CONTRACTUAL SERVICES 20,000 20,000 20,600 21,218 TRAVEL 2,000 4,000 4,120 4,244 MEALS 200 1,000 1,030 1,061 PRISONER TRANSPORT 152,000 165,000 181,500 199,650 TELEPHONES 30,000 30,000 30,900 31,827 CELL PHONES 5,000 8,000 8,240 8,487 POSTAGE 2,500 3,500 3,605 3,713 UTILITIES 275,000 350,000 385,000 423,500 LEASES 8,000 17,000 17,510 18,035 AUTO INS 8,300 20,000 20,600 21,218 BOND INS 163,736 190,000 195,700 201,571 TECH. MAINT CONTR 50,000 50,000 51,500 53,045 RADIO INSTALL 1,250 1,200 1,236 1,273 OFFICE EQUIP R&M 500 500 515 530 PRINTING 10,000 10,000 10,300 10,609 COPIER SUPPLIES 8,000 15,000 15,450 15,914 ADVERTISING 3,000 3,000 3,090 3,183 COMPUTER SUPPLIES 11,700 12,000 12,360 12,731 R&M 40,000 40,000 44,000 48,400 JAIL-OTHER 3,000 3,000 3,090 3,183 HEPATITIS B 2,000 2,060 2,122 OFFICE SUPPLIES 11,000 15,000 15,450 15,914 OPERATING SUPPLIES 4,500 56,000 61,600 67,760 BATTERIES 500 700 721 743 FUEL 1,500 1,545 1,591 FINGERPRINT SUPPLIES 1,000 1,000 1,030 1,061 PHOTO SUPPLIES 500 1,000 1,030 1,061 SMALL EQUIPMENT 10,000 40,000 41,200 42,436 JAIL-FOOD 760,000 970,000 1,157,981 1,291,544 JAIL-SUPPLIES 75,000 80,000 88,000 96,800 JAIL-PAPER GOODS 30,000 8,000 8,800 9,680 JAIL-LAUNDRY 5,000 60,000 66,000 72,600 JAIL-JANITORIAL SUPPLIES 40,000 80,000 88,000 96,800 UNIFORMS 60,000 60,000 61,800 63,654 UNIFORM ACCESS 6,000 2,000 2,060 2,122 BOOKS 2,000 2,000 2,060 2,122 EDUCATION 15,000 25,000 25,750 26,523 TUITION 1,500 10,000 10,300 10,609 MEMBERSHIPS 1,000 1,030 1,061 TRAINING SUPPLIES 2,500 5,000 5,150 5,305 CAPITAL OUTLAY 50,000 60,000 70,000 CONTINGENCY 100,000 150,000 200,000 250,000 4,157,365 5,711,400 6,372,753 7,019,802 PERSONNEL SERVICES !Q8i~ 14,439,529 16,846,517 18,785,257 20,150,929 23,219,270 25,805,059 { 15,243,373 FEDERAL PRISONERS (1,551,250) 15,243,373 18,599,679 20,737,270 23,633,309 SLCSO: COST OF NEW DEPUTIES 04-05 2,344,842 100*85*365/2 YEARS '05-06 AND 06-07 ASSUMES 10 NEW DEPUTIES PER YEAR \w ..., PROJECTED JAIL EXPENSES 04-05 THROUGH 06-07 04-05 05-06 06-07 PERSONNEL SERVICES 14,439,529 16,846,517 18,785,257 OPERATING EXPENSES 5,511,400 6,112,753 6,699,802 CAPITAL OUTLAY 50,000 60,000 70,000 CONTINGENCY 150,000 200,000 250,000 TOTAL 20,150,929 23,219,270 25,805,059 FEDERAL PRISONERS (1,551,250) (2,482,000) (2,171,750) NET COST 18,599,679 20,737,270 23,633,309 '- ...,¡ 1/6 COUNTY ADMINISTRATION MEMORANDUM 04-57 FROM: Douglas M. Anderson TO: Board of County Com DATE: April 26, 2004 RE: 1994 Inmate Population I asked the Sheriff's Office to research the inmate population from 10 years ago. The average at that time was 637. As you can see, we gained approximately 53 per year, bringing us to the present population of 1,170. DMAlab 04-57 c: Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Ken Mascara, Sheriff Garry Wilson, Chief Deputy Pat Tighe, Major - Director of Detention Toby Long, Finance Director, Sheriff's Office --.-.-- . ,..",...,....,..,--.-.,."""..,.,..."..--~."" --~-_....__.~-,---_.._.. Page 1 i k ºÇ>~gra~Anderson - 1994 -\II.)age Monthly Popula~ion . ...." From: To: Date: Subject: Pat Walsh Garry Wilson 4/22/2004 1 :49:58 PM 1994 - Average Monthly Population See attached information you requested.... Additionally, over the past ten (10) years, we have gained an average of approximately 53 inmates a year. This brings us up to the present average population of 1,170. If you need any other information, just let me know. cc: Pat Tighe '-' ....I AVERAGE MONTHLY POPULATION DATE MALES FEMALES JUVENILES A.M.P 01/1994 455 48 13 516 02/1994 496 54 15 565 03/1994 517 70 20 607 04/1994 519 75 21 615 05/1994 522 69 19 610 06/1994 538 70 18 626 07/1994 567 73 18 658 08/1994 579 91 19 689 09/1994 578 90 21 690 10/1994 619 94 20 733 11/1994 577 89 20 686 12/1994 554 75 22 651 1994 Average Yearly Pop. 637 1 \... DVJ~ k¡ ...., ST. LUCIE COUNTY JAIL EXPANSION CENTEX ROONEY/SCHENKELSHUL TZ LOCAL SUBCONTRACTORS Site Work: Ranger Construction Ft. Pierce, FL Concrete: Drawdy Brothers Construction F1. Pierce, FL 'l/1/r1 Masonry: Ron Kendall Masonry Ft. Pierce, FL Rootine:: Total Roofing Port 81. Lucie, FL Metals & Security Labor: Copeland Steel Zephyrhills, FL (Using Labor from Iron Workers Local 402) Pauly Jail Building Company S1. Petersburg, FL (Using Labor from Iron Workers Local 402) 1ð~ etWCð NØ'/~ fî2.: tv.µJ~y ~2 1D1l\G ~ _ pAØS- :;:;=- \..,- Builders Risk: ...,¡ Centex Rooney/Schenkelshultz St. Lucie County Design/Build Jail Expansion *100% Replacement Cost Value of Project Limit of Liability: $17,641,763. Each and Every Loss Occurrence as respects damage to the Covered Project. Sub-Limits of Liability: $17,641,763. Each and Every Loss Occurrence as respects Earthquake $1,000,000. Each and Every Loss Occurrence as respects Flood $17,641,763. Each and Every Loss Occurrence as respects Named Windstorm $1,000,000. Each and Every Loss Occurrence as respects property in transit $1,000,000 Each and Every Loss Occurrence as respects property in offsite storage. Each and Every Loss Occurrence as respects expediting expense Each and Every Loss Occurrence as respects trees and shrubs Each and Every Loss Occurrence as respects existing structures at site ofthe covered project. Each and Every Loss Occurrence as respects plans, blueprints, drawings, etc. while at location of the covered project 25% of the amount of insured physical loss or damage (Minimum $10,000,000) for debris removal $1,000,000 $500,000 $250,000 $250,000 Deductibles: $100,000 $250,000 $100,000 $100,000 $100,000 Each and Every Loss Occurrence for all covered perils Except: 2% of the Total Values at Risk at the time ofloss subject to a $100,000 Minimum Per Occurrences as respects - Named Windstorm Each and Every Loss Occurrence as respects loss due to Flood Each and Every Loss Occurrence as respects loss due to Earthquake Each and Every Loss Occurrence as respects loss due to water damage Each and Every Loss Occurrence as respects damage to existing property Professional Liabilitv: $2,000,000 Each Claim / $2,000,000 Project Term Aggregate *Deductible is $100,000 per Claim < * Maximum coverage is limited to insurance proved in this policy. General: Workers Compensation: Coverage A - Statutory Coverage B - $1 M/$l M/$1 M Automobile Liability: $1 M per occurrence General Liability: $1 M per occurrence $2M Aggregate $2M Products/Completed Operations Aggregate Per Occurrence Limits apply per project Excess Liability: $5M per occurrence '-' ...I ~ L· ~~~~~.~ IJéfJO 1D ~ ÛJPl1 a: (L, ~ ~ - ~1~flOtV '1-. ~Cf6 '1..1 .12 ¿:.~, ~ 'i?CÞ~ Cf!- DuO(2+::. 1 vcr OJ~~ U7£ ~. fb e6øJ.4f5 Aµ ~Ht¡1¡;{í 1Þ 1HG ~. _~ . ¡P ~ Co~~ ..... 2. l.l( .JfJeD$ 7D £DGtJrlf'1 -MJ() T1eIÞ 1*G lµD'~ "v~HS;4:P t f)1oFir Fb¡2 11tG D/~ ~ "3-:¿, Hi? ~ ,~.~<~ P.$ J.3C;X~ifJ . ~ ftti t6 ~c;t>(.4rl\I ~.l. '2.1 .. ~z. Fe f/.M. Pl)<e(] fi41-18 it;, ¿)¡¿ -e. Co ¡Z~ fJ"fP '&1 AßlrY, (2t:4tf í-6 ~/ ~~ ofF IUS IV ~ ~ .+ ~M.. ~4ÐJr 9't 11\1i'r PfilT?; ~ .:eß> ~ ~ f*r1-11Ï35 i"ftt1Î.)(; ~ wG ¿;PJC$rflJft£.UI ~ JUt~ me Rue ffZtjf ~ ~.1.:1$. 71ftS èG~. l.ve IJ~ 12> ~pé5 ItO~?JwlJ 16 1ttOíG. ~ fo£JµD {;V'f7Îf}S OF ..1lh2J.ffJQØií~. ÙW . ð£VJI$ .. Øf1- ..~ (µ:ie. Ct:U.... 'IJIY.. 4 ",- ~~ ,Uuv~\vø ()p ~ [2e{W~ ~~ '-" ....,,¡ ~ wottr:. ~¿¡/c(fšp tul"(IJ 'FhG 1dJDl' viFr~TlðtJ. . , . ~~4-: . . ~ tuG Jf?ØP 10' 4~ 7H-G fr2o(Z>f1eD ~,¿;e ~ t:4Þs I u:; .. /tDKJ8tl6¢ ~a ~ ë1-ffl-T 11œ1rf ~ vi~ fb,e. -rnéc1! ¿(;;>~IJ(P~ ~ ø~ "vu Ft>ytG 'b~þ ¿c(2a>}/1'ST"-(UGBS· ~.. 00; ·.ftµoU/JT OF mtit¡z CeJ1J11N~ð{. . . ff/~t16 -me- Df~ <tf:ßOúW' ~fl~" fîtG â>Vf.JTY' (c.'PD1 S~ ^""(JðVA~' wttffJ 7H-ê ðOIJl1tJ~·~ ~ g.8t~ uri';~. . . ~ " ~. ~UJ lJe.ep.a 1DMe'f!K ;c:A APOl/í ux:.A £" ~~ . ?11tf.JWrtDs 16 W6t¿ 16 11-f6 P41-.. MO~ ~ú ~s:. . . ~i5,,1 " ---- - t-i ft $17VI"Ìo~ -sfWUW cot..s .t::ØFl1-.3éV 1'6" ~t.JN 4- , J, ~l. G :.. DCf pc;65 ~ u~ ~ ~'Jép ~M\1t1\t6 ~ ....~k:- 1b. ~6fØ. ~ 'lJlF!~ ~~ (laJtcr ~. . '-' ...¡ 4f.~ .~13 . ï/:fl:; . ~~ WI,iL. p~ fbIt.. me FOu..o~llJ&: ,-) MA;,J t:ÞUl{"Dlµc, ~ it- "2.) (MPA-~ ~ fÞ¢ W~ 4' $~ ~J.J6aiq.JS ðNut.. ~:) '1}t6 ~ A.ot4OA tJA~MNJ~ ~~1P1&r ~tr ~t;> ~ ' 4.) ~ ~ WJ~ ~..u1ÌaA naJ; gur I-JO"( ¡1i6 ~, ,.1 ~ IG ~ ø ~V6 ~(þl' JO~ ·'Ñ ~ $Ut;t¡¡p ~PG f¥o}V\ ftµkv ~~~ 6r ~ ~S-. 7,,~.q - i £{-."ZSb- ~flÅí P.ÐfIuea-J -f~~:: -t ?>.~:I :f <2, /~.. ~ 1ttÕ ~Ó tWlwfNCo.. .þ'fJ ~l1V6 (µ:::v{,() pp: HJ.~·~ + lEZ:O.,.. ørr:y, fb(2. (!t t6 ~ ~s .....--~~- . t ~ 5ZD «u &l. ~~ 10 If IA ~--'-'---' of' tft SW·" I' . Lt ' '6YE 10 --. -.---.-- ,. . ~ ~ "W'fIOPAL 1 ~,. PM{ R;f1.~.r1q ~---- 1/1) - ~,- .---' ,---- "------------------_. '--' ...,¡ 8>·7· . ." ~ . (28(1'<c~ ø S" ,¡. Aí ~·I. ðr I<-O~ jIÙ PtI\G / f.JOT" / ~L15 Or V/V.AJS< . . I. v,~ ~ ~µu.¡ ~"6 DL~ fPa4 "11i:G CDu~ þµ Mt'\ ~ wpa¡£'V ~.. 4?vP1Z1 ~P6~s ~ A-PI'Potlkt, ¿pF p~~ ~ol-l~1JØ IJµ -,m:, J~ ftpf) p.asep..1h? p.¡urr Çt/p. AfPlJPI',4t; pPIJ.. e'JUTJfl8 f)/ß. ~ 3. W~ p;yp:¡j ti fAff(}¡.} ¡, ¿¡;JJ1lM~ p.ep~ I ¥. 517tf11,(J" f#17lJ1I/.' . ¡ 5õ'~ ~¡i;, f!2ðJ'b?{-: t4¡'~ .. 16~ 1/ Af/'1 /óo I 1. li2tdE£r ßt~(¡(J~ 10ó ,¡; . I c;¡L .7lv~/)JmtJ~ 11t)£?) r?- /rJ1VfJ- <ðú1£3!25' jð7J 1- rz. /ft1!gt/¿U/lIJ&; (lLW~ ! tJl) ~ I Cé£1¿! ¿¡fL- ß8f¡2G ~ ¡rp¿; t1 ßi¡fr t...VW"uq . !fIe # . ~. 1f.J-X -S-M/tf}~ flI3Yt:tJ.D ,7l/& 1 ~{ll- IIlßU7JßÍ?tl. 4s .~~~ Î. '-' r: DLR Group Memo Architecture Engineering Planning Interiors Date April 26, 2004 To Board of County Commissioners Douglas M. Anderson, County Administrator From Manny Suarez, Architect U~AÂA¿""¿-' 1'7 DLR Group I f"" v7J ?JIvfM p Subject St. Lucie County Jail Expansion 100 East Pine Street Suite 404 Orlando, FL 32801 tel 407/648-1331 fax 407/648-1433 orlando@dlrgroup.com www.dlrgroup.com Message Please accept this memo as our formal recommendation for the expansion of the St. Lucie County Jail located at Rock Road. The County staffs, the Sheriff's Office and the Design Builder have been working diligently for the past four months in the development of the project. At this point, Centex Rooney/Schenkelshultz has agreed to utilize the contract provided by the County, which provides a large amount of protection to St. Lucie County, along with the provided insurance enhancements provided by the design/builder. We have reviewed the proposed construction contract amount of $18,955,000 and have found it to be reasonable and acceptable. This number has been verified against our own independent estimate and cross-referenced against the cost of similarly sized and designed facilities. On a per-bed cost, this project is 25% lower than the National average. The per-bed cost of this proposal is $32,902 and the National average is $43,000. The following is a comparison of similar projects in Florida: NAME Polk County Osceola County Santa Rosa County Bay County Manatee County ST. LUCIE COU NTY RATED BEDS 1008 512 528 750 976 576 COST $36,600,000 $18,200,000 $27,800,000 $28,600,000 $52,000,000 $18,955,000 COST PER BED $36,322 $35,570 $52,756 $38,164 $53,310 $32,907 Of this contract, more than 40% of the construction value of work will remain in the local economy through the use of local subcontractors and local labor. The proposed project is scheduled at 13 months for final completion. The average construction duration for similar jail projects is approximately 24 to 28 months. Projects in Orange County, Leon County and Sarasota have lasted 36 months in design and construction. This accelerated completion schedule will help alleviate the present overcrowded conditions of the jail. In addition, the proposed design will make the St. Lucie County Jail, one of the most efficient jails in the State of Florida, with an inmate-to-staff ratio of 1 :6. The State of Florida averages for jail staff to inmate ratio is 1 :3~. The present staffing is 1 :4.8 to this design will increase the efficiency by 20%, while meeting all of the requirements and standards for the housing of medium and maximum-security inmates. c, '- ~ Page 2 April 26, 2004 Proposed Jail Expansion The overall project budget for this project is $20,500,000 and it is broken down in the following manner: $18,955,000 346,000 388,000 240,000 571,000 $20,500,000 Construction/Des ign Consultant Impact Fees and Permit Wetland Mitigation Contingency TOTAL The original project budget for this project was $16,000,000 and it was broken down in the following manner: $14,250,000 346,000 388,000 240,000 776,000 $16,000,000 Construction/Des ign Consultant Impact Fees and Permit Wetland Mitigation Contingency TOTAL The $4,500,000 increase is associated with the notion that the original $16,000,000 budget did not fully account for the ancillary cost associated with the development of this project. However the single most important element affecting the cost is the removal of "the Steel Tariff Protection Act" by President Bush on December 4, 2003. This, in conjunction with several other geo/political and economic facts, has created a shortage of steel products and an exorbitant increase in the cost of material as much as a 100% within a matter of days. The reality of jail construction is that there is a tremendous amount of steel in this building type from rebar, to locks, steel bars, steel doors, ductwork and many more. In addition, the design/build team has taken an inordinate amount of time to ensure that a very large percentage of the work being provided stays in the local community, and by that, we mean in St. Lucie County. The reality is that St. Lucie County is one of the bus iest construction ma rkets in the State of F lor ida. It is our profess ional recommendation that the Board of County Commiss ioners authorize staff to finalize the execution of the contract with Centex RooneylSchenkeI Schultz for the development of this facility. tv\S/ab c DLR Group Orlando, Florida tel 407/648-1331 fax 407/648-1433 4 '- Builders Risk: ...., Centex Rooney/SchenkelshuItz St. Lucie County DesignlBuild Jail Expansion *100% Replacement Cost Value of Project Limit of Liability: $17,641,763. Each and Every Loss Occurrence as respects damage to the Covered Project. Sub-Limits of Liability: $17,641,763. Each and Every Loss Occurrence as respects Earthquake $1,000,000. Each and Every Loss Occurrence as respects Flood $17,641,763. Each and Every Loss Occurrence as respects Named Windstorm $1,000,000. Each and Every Loss Occurrence as respects property in transit $1,000,000 Each and Every Loss Occurrence as respects property in off site storage. Each and Every Loss Occurrence as respects expediting expense Each and Every Loss Occurrence as respects trees and shrubs Each and Every Loss Occurrence as respects existing structures at site of the covered project. Each and Every Loss Occurrence as respects plans, blueprints, drawings, etc. while at location of the covered project 25% of the amount of insured physical loss or damage (Minimum $10,000,000) for debris removal $1,000,000 $500,000 $250,000 $250,000 Deductibles: $100,000 $250,000 $100,000 $100,000 $100,000 Each and Every Loss Occurrence for all covered perils Except: 2% of the Total Values at Risk at the time ofloss subject to a $100,000 Minimum Per Occurrences as respects - Named Windstorm Each and Every Loss Occurrence as respects loss due to Flood Each and Every Loss Occurrence as respects loss due to Earthquake Each and Every Loss Occurrence as respects loss due to water damage Each and Every Loss Occurrence as respects damage to existing property Professional Liabilitv: $2,000,000 Each Claim / $2,000,000 Project Term Aggregate *Deductible is $100,000 per Claim * Maximum coverage is limited to insurance proved in this policy. General: Workers Compensation: Coverage A - Statutory Coverage B - $1 M!$1 M/$1 M Automobile Liability: $1 M per occurrence General Liability: $1 M per occurrence $2M Aggregate $2M Products/Completed Operations Aggregate Per Occurrence Limits apply per project Excess Liability: $5M per occurrence - , '-, ...,.¡ ST. LUCIE COUNTY JAIL EXPANSION CENTEX ROONEY/SCHENKELSHUL TZ LOCAL SUBCONTRACTORS Site Work: Ranger Construction Ft. Pierce, FL Concrete: Drawdy Brothers Construction Ft. Pierce, FL Masonrv: Ron Kendall Masonry Ft. Pierce, FL Roofine:: Total Roofing Port St. Lucie, FL Metals & Security Labor: Copeland Steel Zephyrhills, FL (Using Labor from Iron Workers Local 402) Pauly Jail Building Company St. Petersburg, FL (Using Labor from Iron Workers Local 402) L " '-' "*' Agenda Request Item Number Date: 7 April 27, 2004 Consent Regular Public Presentation Leg [ ] [X] [ ] Quasi-JD [ TO: SUBM ITTED BY: Board of County Commissioners Growth Management SUBJECT: Appointment of a Board member to the Corridor Management Entity BACKGROUND: At the April 4th Board of County Commissioners meeting, the Board approved the Corridor Management Agreement committing St. Lucie County to participation in the scenic highway designation process and providing staff to assist where needed. In addition, the agreement requests the appointment of a County Commissioner to the Corridor Management Entity. The committee's primary duty is to implement the strategies of the Corridor Management Plan. The committee is responsible for monitoring the corridor for adherence to the goals, objectives and strategies. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the April 4, 2004 meeting the Corridor Management Agreement was approved by the Board RECOMMENDATION: Staff recommends an appointment of a Board member to the Corridor Management Entity. ENCE: COMMISSION ACTION: [;EJ APPROVED c=J OTHER D DENIED Approved the appointment of Paula Lewis (4-0 Commissioner Hutchinson - Absent) uglas M. Anderson County Administrator County Attorney I)~ð' ().rn Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: .- . '''''' '-' """" COMMISSION REVIEW: April 27,2004 Growth Management Administration MEMORANDUM TO: County Commission FROM: Interim Growth Management Director DATE: April 20, 2004 SUBJECT: Nomination of Representative to Corridor Management Entity At the April 4th Board of County Commissioners meeting, the Board approved the Corridor Management Agreement. The agreement commits St. Lucie County to participating in the scenic highway designation process and providing staff to assist in areas where needed. The membership of the Corridor Management Entity includes citizen representatives, staff from the City of Fort Pierce, the City of Port St. Lucie, St. Lucie County, the Fort Pierce Utilities Authority, the Department of Transportation, the Department of Environmental Protection, the Metropolitan Planning Organization, the Marine Resources Council and the Treasure Coast Regional Planning Council. Florida Power & Light is also taking part in this committee as a non-voting member. In addition to staff, the agreement requests the appointment of an elected official from the City of Fort Pierce, City of Port St. Lucie and the Board of County Commissioners to the Corridor Management Entity. The committee's primary duty is to implement the strategies of the Corridor Management Plan. The committee is responsible for monitoring the corridor for adherence to the goals, objectives and strategies. Staff recommends the appointment of a County Commissioner to the Corridor Management Entity. If you have any questions, please let me know. AGENDA REQUEST ....., ITEM NO.8 ~- CåUNTY~< F LOR I D A -'" TO: SUBMITTED BY (DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: DATE: April 27, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] Board of County Commissioners Administration Bi-Weekly Committee Reports At the April 1 1, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: COMMITTEE Blueway Advisory Committee Chamber of Commerce Board of Directors Children's Services Council Cultural Affairs Council Friends of SLC Library Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED [~THER: MEETING DATE As Needed Monthly 2nd Thursday 2nd Tuesday 2nd Thursday 2nd Wednesday 3rd Wednesday Quarterly 3rd Friday COMMISSIONER Barnes Lewis Lewis Barnes Bruhn Bruhn Bruhn/Coward Lewis Coward/Hutchinson E: Reports Given. [ ] DENIED Doug s . Anderson County Administrator Review and Approvals County Attorney: Management & Budget:_ Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing:_ Other: Effective: 5/96 ~ 04/23/04 FZABWARR FUND 001 001001 001131 001149 001157 001158 001162 001163 001284 001285 001286 001288 001809 101 101001 101006 101215 101217 102 102001 102107 ~ ~ , 107001 107002 107003 121 140 140001 160 183 183001 183004 185003 185004 235 262 310002 315 316 382 39003 401 401225 418 421 441 ~ ST. LUCIE COUNTY - BOARD 'WI WARRANT LIST #32- 17-APR-2004 TO 23-APR-2004 FUND SUMMARY TITLE General Fund Recreation Special Events FTA Section 5303 G~ant FY01 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 FDCA/FEMA Continuity of Operations Net Loss Commercial Fishing Stories TRIP Grant FY04 S.L.C. Mental Health Collaborative FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Impact Fees FDOT Traffic Signal System Grant OTTED Tropicana/Signal Upgrade Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 ~ibrary Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Blakely Subdivision Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY02/03 FHFA SHIP FY03/04 Becker Road I&S Fund Tourism Dev 4th Cent I&S Fund Impact Fees-Parks County Building Fund County Capital Environmental Land Capital Fund Revels Lane1 MSBU Capital Sanitary Landfill Fund FDEP Waste Tire Grant FY 04 Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund EXPENSES 594,355.68 7,400.00 86.53 346.83 5,357.42 170.54 19,000.00 670.68 3,751.36 7,900.05 205.44 30.06 167.94 44,246.74 13,801.00 17,306.09 51.85 45,639.40 6,384.73 19,565.70 103.17 2,048.21 274,129.55 550.11 30,694.62 187.41 70.96 7,869.65 1,331.53 1,870.58 1,383.47 2,194.54 2,145.88 81.45 191.62 16,412.50 475,749.12 37,870.00 151,312.81 410,956.06 1,519,684.12 213.44 155,194.44 1,349.25 25,426.12 8.41 681.26 8.42 PAGE 1 PAYROLL 543,050.69 0.00 1,149.47 4,628.85 1,436.73 1,261.54 0.00 0.00 0.00 0.00 0.00 400.41 1,261.54 118,572.14 0.00 0.00 0.00 0.00 48,868.61 5,154.83 1,366.19 1,738.41 109,388.50 879.62 879.62 0.00 0.00 11,762.43 0.00 2,666.40 5,053.69 1,171.85 1,970.41 0.00 2,599.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42,695.90 0.00 23,887.44 114.11 2,705.59 114.04 ;:: 04/23/04 FZABWARR FUND 449 451 458 461 471 478 479 481 491 505 611 625 ~ ST. LUCIE CO~~Y - BOARD ..., WARRANT LIST #32- 17-APR-2004 TO 23-APR-2004 FUND SUMMARY TITLE EXPENSES NHI Util - Capital Facilities F~Dà 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 Tourist Development Trust-Adv F~~à Law Library 2.41 7,624.13 13,629.84 7,822.59 3,862.74 2.41 20,897.41 2.46 3,343.31 80,482.78 343.77 7,349.15 GRAND T07l1.L: 4,051,519.74 PAGE 2 PAYROLL 32.58 529.53 146.63 15,289.41 3,300.56 32.58 32.58 32.78 40,497.93 3,167.07 4,509.11 0.00 1,002,349.02 .. '-' ....., '<II:IE:.-I Þ<:ø.~ 0110 ~>< :IE: 0 tJE-tH 1'11'1 '-1"1 ^ .-I 01- , 1'1 .-1.-1- , '-01'z1 I III '<II 0 III 0-< .-I l'z1ø. -:IE: E-t 1"1 I'z1H !j 1'1 E-tE-t :;l; < CI ~ II: ø~ 0 0 :;l;E-t H'- 0 ClCI U,I,.:~ ŠgtJ ~,.: OE-tCl ~~~ CI c::I 0 I'z1 H 0 > < 0'-110 0 ^ ~Š&1 I I I <011: I tJø. 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LUCIE COUNTY - BOARD FZABWARR VOID LIST# 32- 17-APR-2004 TO 23-APR-2004 .L _ill: 001 - General Fund CHECK INVOICE VENDOR 00308628 I2411655 Fla Public Transportation ~£so 00310468 I2416432 DiGiorgio, Jack PAGE 1 FUND TOTAL: TOTAL 300.00 69.00 369.00 ,'- \w' AGENDA REQUEST ..., ITEM NO. C-2 DATE: April 27, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PUBLIC SAFETY PRESENTED BY: JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Certificate of Public Convenience and Necessity (CON) - Permission to Advertise for Public Hearing on Application of Coastal Care for Class F CON. BACKGROUND: See attached memorandum FUNDS WILL BE AVAILABLE: N/A PREVIOUS BOARD ACTION: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize permission to advertise for a public hearing on Coastal Care application for a Class F CON to be held at 9:00 a.m. on May 11, 2004. COMMISSION ACTION: - Jr] APPROVED [ ] DENIED [ ] OTHER: Approved (5-0) Do I sAnderson County Administrator Review and Aoorovals Management & Budget Purchasing: Originating De Other: other: Eff. 5/96 . .. "-' ,..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety Director DATE: April 13, 2004 SUBJECT: Certificate of Public Convenience and Necessity (CON) - Permission to Advertise for Public Hearing on Application of Coastal Care for Class F CON BACKGROUND: Coastal Care has submitted an application for a Class F Certificate of Public Convenience and Necessity (Use wheelchair vehicles to provide wheelchair vehicle service). The Public Safety Director has reviewed the application and found it to meet the requirements of Chapter 1-12.5 of the Code of Ordinances. On March 17,2004, the Emergency Medical Services Advisory Council reviewed the application and 6-0 and 1 absent, to recommend the application based on their determination of a need for additional services in the County. Copies of the application are available in the County Attorney's office and at the Public Safety Department for review. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners authorize permission to advertise for a public hearing on Coast Care application for a Class f CON to be held at 9:00 a.m. on May 11, 2004. Respectfully submitted, . Southard Safety Director - .,/ c. '-" ...., ;; AGENDA REQUEST ITEM NO: C-3A DATE: April 27, 2004 REGULAR PUBLIC HEARING ] CONSENT X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: PURCHASE OF THE SODIUM HYPOCHLORITE FEED SYSTEM EQ04-255 AND BA04-147 BACKGROUND: As part of the Ravenswood pool remodeling, a new chlorination system is planned as a replacement for the existing Pulsar "briquetteU system. Staff's research revealed that the newly-manufactured Sodium Hypochlorite Feed System (SHFS) which regulates the dispensing of chlorine, maintains the levels automatically, virtually eliminates staff contact with chemicals, reduces the wear and tear on other pool equipment, and reduces operating cost by at least 15 percent over other systems will more than meet our maintenance requirements. Manufactured and designed by SureWater Technologies Inc., the aforementioned company is currently the exclusive distributor of the SHFS (see attached memo dated April 16, 2004). with the renovation in full swing, it makes sense to install the system during the construction. Additionally, it is cost-effective for the County to obtain the equipment directly instead of procuring it from the contractor. This agenda requests the Board's approval to purchase the SHFS at a cost of $4,126.47. FUNDS WILL BE MADE AVAILABLE IN: 001-7216-564000-7106 (Recreation/Aquatics - Machinery and Equipment) RECOMMENDATION: Staff requests approval of Equipment Request EQ04-255 and Budget Amendment BA04-147 to purchase the Sodium Hypochlorite Feed System for the renovated Ravenswood pool in Port Saint Lucie at a cost of $4,126.47. COMMISSION ACTION: [~'] [ ] APPROVED OTHER: DENIED . Anderson y Administrator Approved (5-0) (} County Attorney: o~~.,. Mpnagement Originating Dept:ij1 . Other: , J H:\AGENDAS 03-04\4-27-04-AOUATICS.¿OC - Coordination/Signatures & Budget' ~ ~urChaSing,~ Finance: (if applicable) :/ . . /~-:?-l L- "]/""'ï /. . ..../, .../1 Æ .. ¡ .. "" ...J BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation - Aquatics PREPARED DATE: 4/19/04 AGENDA DATE: April 27, 2004 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-7216-564000-71 06 Machinery & Equipment $4,127 FROM: 001-7216-551200-7106 Equipment < 750 $2,520 001-7216-552300-7106 Chemicals $1,607 REASON FOR BUDGET AMENDMENT: To purchase a chlorine pump for the renovated Port St. Lucie Pool. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: ~ BUDGET AMENDMENT #: BA04-147 DOCUMENT # & INPUT BY: ... " ; en 0:: WOII:t Zo 00 _N enM eno - 0 ::::EN ::::Eo:: 0« OW » f-..J z« :)0 oen OiL LLO:: 00 eLL O::f- «en OW m:) >0 f-W zO:: :)f- OZ OW w::::E _D.. 0- :):) ..JO .w f- en tJ)tJ) ww >->- X e w e z .. we :¡:w :¡:> o~ oa. wa. 0:::« V t/7 II) u c:; o C'CII ~ j C'CII 0- e« o · Q) c: 0::: 0 oð; C'CII II) Q) ..\I: ... ... u C'CII Q) a. 0::: .=.: ~ ž o 0 :¡: ¡:: « « I- 0 W ¡:¡: (!) ¡:: e tJ) => => ŒI ..., Q) .c: t- ':t= 'C ro Q)..... roen;s > en 0 0Q)_ e-Q) Q) ro Q) ~.~ E Q)=e -Q)ro ~~.c: ~~....... Ero~ o :::I 0 U ~ E 0»_ e -= ëi3 .2:- =: .Dro- en .S¿ ~ ~rou .s¿ E g> .c: 0._ =:::íro -roo> °ene.. &ã>o Q) > en '- ~ Q) ~ Q) ~ -.J.c:'C - _en Q) e .... ë¡¡ .!: 'C enE!æ t.!: 0 oro..... a. E ffi ~ai§. ....... C._ ....... '¡:: :J rooo- e..:ë Q) 2~o :go~ eO>.... o .!: Q) :.=en.c: êffiõ .¡: e.. e o en 0 :ë'õ.... U Q) ro = .c:$ $.....'C -ene ~ $ ro o-ro.... .¡: :J ro .D 0> Q) = Q) =: O>....Q) .!: E .c: -Q)- .!Q ..... en ~ ~ ~ Q) en:::l . .c:'C'Cuj -Q)~c: Q)Q) oQ) ~ u.. .!Q E a.~ ~ ~ ~ 0 'Ë 'S :==~~ g =: õ U ... E e...c: ~ Q) >.~ e _:r:=:ro ~E- e enj~$ en .- - e .- 'C e ë¡¡ ¡:;~8E co o .... "" I o o o v co LO I co .... N "" I .... o o ~ Z => o o o « LO LO N I V o o w ä w 0::: I- Z w :IE e: => a w - - FRÓM :SlJREWATER ~ FAX NO. :4076568711 Apr. 16 ~4 08:41AM P2 SUREW ATER TECHNOWGIES, INC. 348 N. PARK A VENUE WINTER GARDEN, FL 34787 Phone: 407-948-2078/Fu: 407-656-871 J Website: www.lureb20.eom Em.it: SWT2Z152@aoLcom April, 162004 To Whom It May Concern: SurcWater Technologies Inc. is the ownertnanufacture of "The Solution" MD221S2-01 sodium bypochtoritc feed system. Please be advised that Commercial Energy Specialist hu:. 860 Jupiter Park Drive,Suite #2, Jupiter FL 33458 is currently the exclusive distributor of SureWater Tec:bnologies Inc. Products for the State of Florida and the Caribbean. We have chosen Commercial Energy Specialist Inc. Due to their commitment to exccllcmce with regards to the commercial pool indnsby. Quality products! instaUation, certified training and c::onnnnnus support for their customers.e Sincerely, SureWater Technolo¡ies Inc. -¡:J~¿Æoc A~~ ú'~ Peter L. Alexander President pç;file ¡ f ~ -- ..".¡ AGENDA REQUEST IT8VI NO._ C-3tt DATE: ApriJ27, 2004 REGULAR [ ] PUBUC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Seabreeze Janitorial contract # C04-01-055 termination BACKGROUND: On January 13, 2004, the Board of County Commissioners awarded the bid to Sea breeze Janitorial to provide event cleaning of Tradition Field, fka: Thomas J. White Sports Complex. Attached is a copy of the latest correspondence from the County to Sea breeze Janitorial requesting that certain aspects of the contract be brought into compliance including proof of workman's compensation insurance. Staff has made every effort to work with John Filingeri, ow ner of Sea breeze Janitorial, to no avail. Staff is requesting that the BOCC approve termination of Seabreeze Janitorial's contract (C04-01-055) and give staff permission to negotiate and hire the second responsive qualified bidder Beachland Cleaning Service. If negotiations are unsuccessful with Beachland Cleaning Services, then staff is requesting permission to negotiate and hire the third qualified, responsive bidder Ninety-five South. FUNDS AVAILABLE: NI A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve cancellation of Sea breeze Janitorial's contract (C04-01-055) and allow staff to negotiate with and hire the second lowest qualified responsive bidder (Beàchland Cleaning Service) or negotiate with and hire the third lowest qualified responsive bidder (Ninety-Five South) if negotiations with Beachland Cleaning Service are unsuccessful. In the event that negotiations with both companies do not work out, staff is requesting permission to go for bid. COMMISSION ACTION: Approved (5-0) [~] APPROVED [] DENIED [ ] OTHER: County Attorney: Originating Dept: Coorrlin~t ion/Sig n~t I Ires Mgt & Budget: Public Works: Purchasing' Ot her: ¿~ , Finance: (Check for Copy only if applicable) - tv v ...., , BOARD OF -CG1J NT¥----- ___ COMMISSIONERS - ____ .... ____m__.____ PURCHASING --DEPARTMENT ED PAP.KEP., CPPl3 DIP.EGOP. CERTIFIED MAIL - RETURN RECEIPT VIA FACSIMILE April 14, 2004 John Filingeri Sea breeze Janitorial 1501 Decker Avenue, Suite 407 Stuart, Florida 34994 Re: Contract C04-01-055 Event Cleaning of Thomas J. White Sports Complex - New York Mets Springs Training Games and St. Lucie Mets Season Games Dear Mr. Filingeri: Pursuant to Paragraph 15 of the above referenced contract, if either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period, which will be seven calendar days from the date of this notice. a. The following items shall be considered a default under this Contract, as the Contractor failed to perform all of the terms of this Contract or performed work which failed to conform to the requirements of this Contract pursuant to the Exhibit "8"; 1. All broom/supply rooms must stay neat and clean so that County can re-stock all supplies accordingly. JOHN D. ßRUHN, District No 1 . DOUG COWARD, District NO.2· PAULA A. LEWIS, DisTricT No..3 . FRANNIE HUTCHINSON, District No.4. CLIFF ßARNES, District NO.5 County Administroror - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 · Phone (772) 462-1700 FAX (772) 462-1704 · TDD (772) 462-1428 web site: www.co.st-Iucie.fl.us .. ~ ~ --_.._-~--- .~---_.- ~--- 9. 10. 11 . -- ...,¡ 2. All County items being used must be returned to their storage areas. - _._--.-._,.__.~ - Hose off cart after hauling of garbage. Through out the entire stadium, all trash cans are to be cleaned and rinsed out. They are to be free from all debris, trash and any foreign objects. Replace all trash can liners. Lids and top are to be cleaned and rinsed out. Once all trash is collected and disposed in the dumpster, entire stadium is to be hosed down and cleaned using spray nozzle. Do not "finger" spray. This includes washing off of seats, backs and back side of seats. This also includes walkways, rows and stairs. All areas being hosed down must be free of food, spills. Sticky areas, all small trash, and all large trash. All drains are to be free of all trash, debris or foreign objects. All cigarette cans to be wiped down, debris removed and disposed of properly. Patio - Picnic - Eating Area - Hose off area, including concrete, table, chairs and picnic benches. . Do not leave any standing water. Dugouts - All large trash to be picked up and removed. Dugouts - Blow or sweep small trash, collect and removed. Dugouts - Hose down steps, walls, shelves, floor, seats and back until clean. Removed any additional debris or trash. 3. 4. 5. 6. 7. 8. b. Paragraph 14 of the Contract required the Contractor to provide and maintain. during the life of this Contract, at his, its or their own expense, Workers' Compensation insurance providing Florida Statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accident and disease. Please provide a current original Certificate of Insurance showing this coverage for any and all employees. c. Paragraph 9 of the Contract requires that in the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. Paragraph 15 of the Contract also states that if sub-contractors are used by the contractor, it shall be the responsibility of the contractor to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub- contractors. County was not notified that Contractor was using temporary employees employed through Manpower and County was not supplied with a current certificate of Insurance from Manpower. 2 -- - .. ,. '-" """" d. Paragraph 1 3 of the Contract states that the work will be inspected by -~._________lbJLPiºjej:LMan~ger and win be reject~diJ it Ls 09~ in cQntQrfl'll!Y\Yi!h-.1b_e__ Contract provisions. Rejected Work will be immediately corrected by the Contractor. Contractor did not immediately correct an rejected work as notified by the County Project Manager. Please correct these deficiencies within the seven calendar days allowed under Paragraph 1 5 of the Contract. Should Contractor fail to correct the deficiency within the seven calendar day period, this Contract shan terminate at the expiration of that time period, which shan be seven calendar days from the date of this notice. Please feel free to contact me should you have any questions regarding this notice. Sincerely, . ~ Jr~r~Lw<d Melissa Simberlund Contracts Coordinator cc: Daniel Mcintyre, County Attorney Pete Keogh, Parks & Recreation Director Edward Parker, Purchasing Director 3 \.( ~ REVISED AGENDA REQUEST ITEM NO. C-4 DATE: April 27, 2004 REGULAR [ PUBLIC HEARING CONSENT [XXX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: HUMAN RESOURCES DEPARTMENT PRESENTED BY: Carl Holeva Human Resources Director SUBJECT: Adjustment to the four year pay and classification plan (year five). BACKGROUND: The Board of County Commissioners approved the pay and classification study on April 4, 2000, and the second, third and fourth year phase of the study on April 24, 2001 and March 18, 2003. FUNDS AVAIL.: Various Funds (See attached) RECOMMENDATION: Staff recommends approval of the attached adjustments to the pay and classification study retroactive to April 1, 2004, except for the Strategy & Special Projects Department, Growth Management Department, Central Services and the new positions for Community Services and Code Enforcement which are effective April 27, 2004. COMMISSION ACTION: "1-] [ ] APPROVED OTHER: [ ] DENIED Approved (5-0) Do as Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable>___ Eff. 5/96 - '-'" "'" AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva, Human Resources Director DATE: April 27, 2004 SUBJECT: Adjustments to the Pay and Classification Plan (Year Five) BACKGROUND: The Board of County Commissioners approved the Classification study on April 24, 2001, and the second, fourth year phase of the study on April 24, 2001 and 2003. Pay and third and March 18, RECOMMENDATION: Staff recommends approval of the attached adjustments to the pay and classification study retroactive to April 1, 2004, except for the Strategy & Special Projects Department, Growth Management Department, Central Services and the new positions for Community Services and Code Enforcement which are effective April 27, 2004. Respectfully submitted, ~/~ -- Carl Holeva Human Resources Director CHimp Attachments ~ RECAP Letter from Analytica Human Resource Performance Consultants Memorandum to Reaffirm BOCC Policy Funding Sources Reclassifications One-Time Increases Effective Aprill, 2004 One-Time Increases Effective April 27 , 2004 New Positions Effective April 27, 2004 Title Changes ....., Received: 4/13/04 7:24~~; -> ST LUCIE CO HUMAN RESOURCES; Page 2 \wi .""", ANALVHCAJ HUtvlAN RESOURCE PERFOR.L\lANCE C,ONSULTANTS P. O. BOK 2683, Bnmåol1 FL 335D~2883 (813) 657-8128 Fax (813) 657-9127. Mobile (813) 786-8872 or (772) 201-3727 E·MAIL: hrpcmm@aol.com March 29, 2004 Ms. Pat Clute Employee & Labor Relations Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 D~ar Pat: 1. We have reviewed the positions for which further analysis has been requested, and our comments and/or recommendations are as follows: a. Paries and Recreation Department Recreation & 8Dort Comolex: We have conducted an extensive review of the reclassification request from this department and because time constraint and other research needed, recommend the requested reclassifications are evaluated during the proposed county wide study during the upcoming :fiscal year. If the positions have takeo on additionat duties, and this can be fully justified in writing and it does not create inequity in the department and other like countywide positions, recommend a 5% increase be considered, if appropriate. In addition, Job Descriptions for Ù1ese positions must be written to retlect proper duties, responsibilities, education, experience, etc. lfthe request cannot be fully justified, re-writtenjob descriptions do not support Ù1e increase and this creates inequity in the department and countywide, recommend no changes until a complete analysis can be conducted along with a countywide study. b. Public Works Department - Code Compliance The same recommendations as above. c. Central Services: Received: 4/13/04 7:2....A,M; -> ST LUCIE CO HUMAN R~90URCES; Page 3 '-" """" · As a result of the numerous changes and proposed re-organization in the department, reconunend a complete analysis of all the department positions to ensure both internal and externaleq1.Úty. · Recommend no changes at this time. 2. The review of Heavy Equipment Operators will require extensive research and analysis throughout the county and other agencies. If the recommended re-visit of the entire county pay structure is approves, this and other positions that need extensive study can be properly and fairly evaluated. 3. If we can be of further assistance, feel free to contact us. Best Regards, Mac McDowell Herb M.arlowe Jr., Ph.D. 2 - '-" '-" TO REAFFIRM BOCC POLICY At the discretion of the County Administrator, the Assistant County Administrators and Department Directors shall receive a monthly vehicle allowance at a rate determined by the Board of County Commissioners. The County Attorney and County Administrator shall receive a monthly vehicle allowance at a rate determined by the Board of County Commissioners. - '-" ~ PAYROLL FUNDING SOURCES RECLASSIFICA TIONS CODE ENFORCEMENT 491-2415-512000-200 ENGINEERING 101-4115-512000-400 ENVIRONMENTAL RESOURCES 001-3920-512000-300 001-7912-512000-700 INFORMATION TECHNOLOGY 001-1955-512000-100 PUBLIC SAFETY No Cost (Savings) RAD (Pd. By FPL) SOLID WASTE 401-3410-512000-300 CULTURAL AFFAIRS 001-7310-512000-700 UTILITIES 412-1300-512000-100 (3%) 441-1300-512000-100 (50%) 451-1300-512000-100 (47%) (Utilities Project Mgr.) 451-1300-512000-100 (100%) (Sr. Accounting Clerk) LIBRARY 001-7110-512000-700 CENTRAL SERVICES 107-1940-512000-100 ~ RECAP """ RECLASSIFICA TIONS [ANNUAL COST INCLUDING BENEFITS) EFFECTIVE APRIL L 2004 ENGINEERING Dept. Revenue Coordinator to Fiscal Coordinator Pay Grade 13 Pay Grade 16 Survey Tech. III to Survey Tech IV Pay Grade 15 Pay Grade 20 ENVIRONMENTAL RESOURCES Env. Land Specialist to Environmental Land Specialist Pay Grade 18 Pay Grade 21 Env. Museum Supt. to Env. Museum Supt. Pay Grade 16 Pay Grade 21 INFORMATION TECHNOLOGY Computer Operations Supv. to Customer Services Supv. Pay Grade 19 Pay Grade 21 Computer Operator to Customer Services Liaison Pay Grade 14 Pay Grade 15 PUBLIC SAFETY Radiological Coordinator One time increase (paid by FPL) SOLID WASTE Sr. Accounting Clerk to Fiscal Coordinator Pay Grade 12 Pay Grade 16 CULTURAL AFFAIRS Executive Director to Director of Cultural Affairs Pay Grade 20 Pay Grade EXl Cost: $2,194.00 Cost: $2,273.00 Cost: $5,471.00 Cost: $7,860.00 Cost: $6,201.00 Cost: $3,403.00 Cost: $2,000.00 Cost: $5,310.00 Cost: $9,222.00 ~ ......, UTILITIES Sr. Accounting Clerk One (1) time (ten) 10% increase Cost: $2,546.00 Utilities Field Svc. Coordinator to Utilities Project Manager Pay Grade 13 Pay Grade 21 Cost: $8,461.00 LIBRARY Librarian III to Librarian IV Pay Grade 17 Pay Grade 19 Cost: $2,219.00 Library Associate II to Library Technical Assoc. I Pay Grade 7 Pay Grade 8 Cost: $1,427.00 Library Associate I to Office Assistant I Pay Grade 5 Pay Grade 6 Cost: $1,027.00 Library Associate I to Library Assoc. II Pay Grade 5 Pay Grade 7 Cost: $1,327.00 Library Associate I to Office Assistant I Pay Grade 5 Pay Grade 6 Cost: $1,078.00 Maintenance Tech. I to Maintenance Tech. III Pay Grade 4 Pay Grade 7 Cost: 1,227.00 Office Assistant I to Office Assistant II Pay Grade 6 Pay Grade 8 Cost: $1,753.00 Office Assistant II to Office Assistant III Pay Grade 8 Pay Grade 10 Cost: $1,277.00 Library Page to Head Library Page Pay Grade 1 Pay Grade 2 Cost: $1,203.00 CENTRAL SERVICES Heavy Equipment Mechanic to Electrician Pay Grade 14 Pay Grade 12 Cost: - $2,656.00 Building Maint. Tech. V to Electronics Technician Pay Grade 9 Pay Grade 15 Cost: $8,357.00 * COST ANALYSIS INCLUDES BENEFITS '-' 'wit RECAP (EFFECTIVE APRIL 1, 2004) ONE-TIME INCREASES ANNUAL COST INCLUDING BENEFITS PARKS & RECREATION - Sports Complex Stadium Superintendent One time 5% increase Cost: $3,259.00 COMMISSION (DISTRICT 1) Executive Aide One time 5% increase Cost: $1,971.00 CODE COMPLIANCE Code Compliance Manager One time 5% increase Cost: $3,989.00 *Cost Amounts Include Benefits - '-' ~ RECAP (EFFECTIVE APRIL 27, 2004) ONE-TIME INCREASE ANNUAL COST INCLUDING BENEFITS STRATEGY & SPECIAL PROJECTS Strategy & Special Projects Director Cost: $ 4,680.00 GROWTH MANAGEMENT DEPARTMENT Economic Tourist Development Manager Cost: $3,255.00 *Cost Amounts Include Benefits - '-' ~ RECAP (EFFECTIVE APRIL 27, 2004) NEW POSITIONS (Fiscal Impact/Fund Numbers) Community Services Transit Manager Pay Grade 23 Cost: $67,920 *Position funded from grants 001-6420-512001-6901 001-6420-512001-6902 Public Works - 001-6420-512001-600 Code Compliance (Permitting) Office Assistant II Pay Grade 8 491-2415-512000-200 Cost: $36,159 Building Technician Pay Grade 11 491-9910-599300-800 Cost: $39,683 *Cost amounts include benefits '-' 'wi RECLASSIFICA TIONS (ANNUAL COST INCLUDING BENEFITS) ENGINEERING Dept. Revenue Coordinator to Fiscal Coordinator Pay Grade 13 Pay Grade 16 Cost: $2,194.00 Survey Tech. III to Survey Tech IV Pay Grade 15 Pay Grade 20 Cost: $2,273.00 ENVIRONl\'IENT AL RESOURCES Env. Land Specialist to Environmental Land Specialist Pay Grade 18 Pay Grade 21 Cost: $5,471.00 Env. Museum Supt. to Env. Museum Supt. Pay Grade 16 Pay Grade 21 Cost: $7,860.00 INFORMATION TECHNOLOGY Computer Operations Supv. to Customer Services Supv. Pay Grade 19 Pay Grade 21 Cost: $6,201.00 Computer Operator to Customer Services Liaison Pay Grade 14 Pay Grade 15 Cost: $3,403.00 PUBLIC SAFETY Radiological Coordinator One time increase (paid by FPL) Cost: $2,000.00 SOLID WASTE Sr. Accounting Clerk to Fiscal Coordinator Pay Grade 12 Pay Grade 16 Cost: $5,310.00 CUL TURAL AFFAIRS Executive Director to Director of Cultural Affairs Pay Grade 20 Pay Grade EXl Cost: $9,222.00 '-' 'wi UTILITIES Sr. Accounting Clerk One (1) time (ten) 10% increase Cost: $2,546.00 Utilities Field Svc. Coordinator to Utilities Project Manager Pay Grade 13 Pay Grade 21 Cost: $8,461.00 LIBRARY Librarian III to Librarian IV Pay Grade 17 Pay Grade 19 Cost: $2,219.00 Library Associate II to Library Technical Assoc. I Pay Grade 7 Pay Grade 8 Cost: $1,427.00 Library Associate I to Office Assistant I Pay Grade 5 Pay Grade 6 Cost: $1,027.00 Library Associate I to Library Assoc. II Pay Grade 5 Pay Grade 7 Cost: $1,327.00 Library Associate I to Office Assistant I Pay Grade 5 Pay Grade 6 Cost: $1,078.00 Maintenance Tech. I to Maintenance Tech. III Pay Grade 4 Pay Grade 7 Cost: 1,227.00 Office Assistant I to Office Assistant II Pay Grade 6 Pay Grade 8 Cost: $1,753.00 Office Assistant II to Office Assistant III Pay Grade 8 Pay Grade 10 Cost: $1,277.00 Library Page to Head Library Page Pay Grade 1 Pay Grade 2 Cost: $1,203.00 * COST ANALYSIS INCLUDES BENEFITS ..............- -- ~ 'wi RECAP TITLE CHANGE ONLY (NO FISCAL IMPACT) EFFECTIVE APRIL 1, 2004 INFORMATION TECHNOLOGY Network Desktop Supervisor to Sr. NetworklHardware Tech. Pay Grade 22 Pay Grade 22 Systems Engineer Supervisor to Section Supervisor Pay Grade 23 Pay Grade 23 Sr. Systems Engineer to Sr. NetworklHardware Tech. Pay Grade 22 Pay Grade 22 Systems Engineer to NetworklHardware Tech. Pay Grade 20 Pay Orade 20 Sr. Computer Operator to Customer Svc. Liaison Pay Grade 17 Pay Grade 15 MANAGEMENT & BUDGET Principal Budget Analyst to Budget Manager Pay Grade 24 Pay Grade 24 MOSQUITO CONTROL Heavy Equipment Operator II (3 positions) to Impoundment Operator II Pay Grade 11 Pay Grade 11 -- - '-' .~ RECAP TOTALS ANNUAL COSTS INCLUDING BENEFITS EFFECTIVE APRIL 1,2004 Central Services $ 4,467.00 $13,331.00 $ 9,604.00 $ 5,310.00 $ 9,222.00 $11,007.00 $12,538.00 $ 3,259.00 $ 1,971.00 $ 3,989.00 $ 5,701.00 Total $80,399.00 Engineering Environmental Resources Information Technology Solid Waste Cultural Affairs Utilities Library Sports Complex Executive Aide - District 1 Code Compliance '-' .....,J RECAP TOTALS ANNUAL COSTS INCLUDING BENEFITS EFFECTIVE APRIL 27, 2004 Strategy & Special Projects $ 4,680.00 Total $ 3.255.00 $ 7,935.00 Growth Management New Positions: Community Services $ 67,920.00 Code Compliance Total $ 75.842.00 $143,762.00 Totals: One-Time Increase Reclasses for April 1, 2004 One-Time Increase for April 27,2004 New Positions Grand Total $ 74,698.00 $ 7,935.00 $143.762.00 $226,395.00 ... .JJ ~ c.. -tmen"tl"tlÕ "tI 12 ~ m c: Om»»» 0 0 en -tz!þ-<-<m en S"tI ~ -t »m~enQo :::¡ en» :;; -~ õ ....!!-<O$!O Õ 0-t en m-t..» 0 Z z3: ~ c:en ....om ~ 0" m .. -t m m Õ C') ." ~ :::¡ Z ~ Z m .... ::I .. ::I m :::c Q) :E :t c...a a ::] CD m ~m I ~ ï"Z 0 m::] ~-i "tJC/) .¡::. ~ I CD CD I\J ~~ 0 (') CD 0> 0"""i (JI 5:0- ):.. m Zï" (XI 00 en· n _ (.0.) -tCIJ Dr 0 ....., C:c: mm -ï ::] - ~ =ã~ Z:::c ::Ie: DJ I\J......(XI 3:;:0 »< '.¡::.I\J mm z- °o ::] ~ ....., ZZ aa CJ) .¡::. -t-t mm z- ëD' F' 3:!< CIJ ::om .., r~~(.o.) - ......I\J~ m mO :::r ......(JIO). 0 (i)" . . . 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ESSENTIAL JOB FUNCTION: Installs, repairs and maintains electrical services in County-owned buildings. Installs repairs and maintains electrical outlets, lights, etc. Installs, repairs and maintains electrical equipment. Assists in other maintenance operations. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Ability to work over head from ladders and platforms. Good hand/eye coordination. Ability to occasionally lift over 50 pounds. Hand and finger dexterity. ENVIRONMENTAL CONDITION REQUIREMENTS: Constant work inside and outside of County buildings and facilities. WORK HAZARDS: Possible shock or burns from either high or low voltages. SAFETY EQUIPMENT USED OR NEEDED: Safety equipment is supplied by County as per job requirements. EDUCATION: Graduation from high school or possession of an acceptable equivalency diploma. EXPERIENCE: Two(2) years electrical work experience on a journeyman level. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Valid Florida Driver's License. Good driving record. Ability to acquire a County competency card as a journeyman electrician. ''-' """ Electrician (cont'd) Central Services Department is devoted to maintaining County facilities and to serving the employees and citizens that occupy these County facilities. Along with the routine daily tasks we also perfor.m many other courtesies. Examples of these are: moving furniture moving equipment hauling materials for storage cleaning up after accidents to include blood, vomit and restroom messes Special training and proper equipment will be given in order to provide for the safety of the employee. Because of the nature of certain tasks it may be necessary to adjust work schedules to accomplish these tasks. 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"tJï OC: enQ ~m -0 00 Zc: :::Oz m-of D-< C:OJ mO en» -of:::o "0 o :::00 ,," -0 enO 0c: ~Z -<-of m-< »0 :::00 N3: 03: 0_ ~en 'en N_ °0 ~Z m :::0 en '--' 'wi ~ b j 5 ELECTRONICS TECHNICIAN NATURE OF WORK This position is independent skilled technical work in the installation, adjustment, maintenance, and modification of instrumentation equipment, PLC's, computers and peripherals, electronic control mechanisms, AID converters, pneumaticlhydraulic controllers, encoded digital fTequency shift telemetry and related communications equipment. ILLUSTRA TIVE TASKS The work involves the following: · Maintenance, troubleshooting, and repair of various control equipment and control mechanisms · Maintaining and repairing a variety of electronic, pneumaticlhydraulic and automatic control devices, sensors, recorders, meters, detectors, and specialized testing devices · Perform troubleshooting, repair, and maintenance to instrumentation devices including bulb changes, controller lubrication, of motorized valves and flow transmitters · Assist in installing, adjusting, and maintaining AC and DC devices, sensors, records, analogs/digital parameter transmitters and receivers · Test faulty equipment and apply knowledge of functional operation of units and systems to diagnose and repair to component level the cause of the malfunction · Have ability to use pneumaticlhydraulic testers, computers, master controllers, microprocessors, laboratory and shop instruments, and other specialized control devices · Install and test special equipment such as antennae, fTequency monitors, microphones, cable, and electrical interference suppressors · Install, adjust, and maintain medium high and ultra high fTequency AC and DC radio receivers, transmitters, and auxiliaries according to diagrams, drawings, and sketches · Participate in the installation, adjustment, repair, and maintenance of flow loop systems, AC and DC circuitry with solid state electronic micro circuitry, pneumatic control systems, and related systems · Make complete overhauls including adjusting, repairing, and replacing parts and converting obsolete equipment to conform with present instrumentation design and construction standards · Install instrumentation controls per specifications and make modifications to equipment as necessary · Determining systems and job requirements for the various technical phases of repair, installation, modification, maintenance, and troubleshooting. · Perform related work as required. Must also be able to learn all other maintenance aspects of the jail in order to be worked into the on-call rotation Instructions are given in the form of work orders and the job detailing and planning is determined by the technician. Work is performed under the general direction of the Superintendent who evaluates the work through discussions, reports, and observation of work results. KNOWLEDGE. ABILITIES. AND SKILLS · Knowledge of the principles and theories of industrial electronics/electrical applied to instrumentation control devices · Knowledge of occupational hazards and safety of the instrumentation, industrial electronic/electrical and chemical trades and work with a variety of voltages · Knowledge of the standard tools, materials, methods, and practices of the instrumentation and electronic/electrical trades · Ability to oversee and participate in the repair, testing, maintenance, troubleshooting, and installation of a variety of instrumentation, electronic/electrical devices and related equipment · Ability to oversee and participate in the work of skilled technicians in the repair, maintenance, '-" ""'" construction, and installation of instrumentation devices · Ability to interpret and work Hom technical circuit diagrams, schematics, and mechanical blueprints · Skill in the use and operation of tools and equipment used in testing specialized instrumentation and test devices · Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter and spirit ofSt. Lucie County's Ethics and Conflict of Interest policies · Ability to establish and maintain effective working relationships with the general public, co-workers, elected and appointed officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex, disability, or political affiliation EDVCA nON Graduation from high school or possession of aGED. LICENSE. CERnFICA nON. OR REGlSTRA nON · Valid Class E Florida driver's license · Clean driving record · Be able to pass a national background check · Must be drug-free · Must be able to pass County physical exam - -¡it' ¡ ........ ....... .,.., -- "" """" AGENDA REQUEST ITEM' NO. C-4 DATE: April 27, 2004 REGULAR [ PUBLIC HEARING CONSENT [XXX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: HUMAN RESOURCES DEPARTMENT PRESENTED BY: Carl Holeva Human Resources Director SUBJECT: Adjustment to the four year pay and classification plan (year five). BACKGROUND: The Board of County Commissioners approved the pay and classification study on April 4, 2000, and the second, third and fourth year phase of the study on April 24, 2001 and March 18, 2003. FUNDS AVAIL.: Various Funds (See attached) RECOMMENDATION: Staff recommends approval of the attached adjustments to the pay and classification study retroactive to April 1, 2004, except for the Strategy & Special Projects Department, Growth Management Department and the new positions for Community Services and Code Enforcement which are effective April 27, 2004. ~] [ ] APPROVED OTHER: [ ] DENIED COMMISSION ACTION: Approved (5-0) Do as Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ........ '-' ...,,; AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva, Human Resources Director DATE: April 27, 2004 SUBJECT: Adjustments to the Pay and Classification Plan (Year Five) BACKGROUND: The Board of County Commissioners approved the Classification study on April 24, 2001, and the second, fourth year phase of the study on April 24, 2001 and 2003. Pay and third and March 18, RECOMMENDATION: Staff recommends approval of the attached adjustments to the pay and classification study retroactive to April 1, 2004, except for the Strategy & Special proj ects Department, Growth Management Department and the new positions for Community Services and Code Enforcement which are effective April 27, 2004. Respectfully submitted, ~~ Carl Holeva Human Resources Director CHimp Attachments '-' RECAP Letter from Analytica Human Resource Performance Consultants Memorandum to Reaffirm BOCC Policy Funding Sources Reclassifications One-Time Increases Effective Aprill, 2004 One- Time Increases Effective April 27, 2004 New Positions Effective April 27, 2004 Title Changes ...., Rece~ved: 4/13/04 7:24AM; -> ST LUCIE CO HUMAN RESOURCES; Page 2 '-' ...., ANALYTrcAJ HUMAN RESOURCE PERFORl't1ANCE C/ONSULTANTS P. o. BOr 2683, Brandon FL 335D~211B3 (813) 657-8128 Fax (813) 657-9127. Mobile (813) 786-8872 or (772) 201-3727 E-MAIL: hrpcmm@aol.com March 29,2004 Ms. Pat Clute Employee & Labor Relations Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Pat: 1. We have reviewed the positions for which further analysis has been requested, and our conunents and/or recormnendations are as follows: a. Parks and Recreation Department Recreation & 800rt Comolex: We have conducted an extensive review of the reclassification request fi:om tlús department and because time constraint and other research needed, recommend the requested reclassifications are evaluated during the proposed COlUlty wide study during the upcoming fiscal year. If the positions have taken on additional duties, and this can be fully justified in writing and it does not create inequity in the department and other like countywide positions, recommend a 5% increase be considered, if appropriate. In addition, Job Descriptions for these positions must be written to ret1ect proper duties, responsibilities, education, experience, etc. If the request cannot be fully justified, re-writtenjob descriptions do not support the increase and t1ús creates inequity in the department and countywide, recommend no changes until a complete analysis can be conducted along with a countywide study. b. Public Works Department-Code Compliance The same recommendations as above. c. Central Services: - -- - - , Received: 4/13/04 7:24AM; -> ST LUCIE CO HUMAN RESOURCES; Page 3 '-' ....., · As a result of the numerous changes and proposed re-organization in the department, recommend a complete analysis of all the department positions to ensure both internal and external equity. · Recommend no changes at tlús time. 2. The review of Heavy Equipment Operators will require extensivc research and analysis throughout the county aTld other agencies. If the recommended re-visit of the entire county pay structure is approves, this and other positions that need extensive study can be properly and fairly evaluated. 3. If we can be of further assistance, feel free to conlact us. Best Regards, Mac McDowell Herb :Marlowe Jr., Ph.D. 2 ~ ....,¡ TO REAFFIRM BOCC POLICY At the discretion of the County Administrator, the Assistant County Administrators and Department Directors shall receive a monthly vehicle allowance at a rate determined by the Board of County Commissioners. The County Attorney and County Administrator shall receive a monthly vehicle allowance at a rate determined by the Board of County Commissioners. '-" ...." PAYROLL FUNDING SOURCES RECLASSIFICATIONS CODE ENFORCEMENT 491-2415-512000-200 ENGINEERING 101-4115-512000-400 ENVIRONMENT AL RESOURCES 001-3920-512000-300 001-7912-512000-700 INFORMATION TECHNOLOGY 001-1955-512000-100 PUBLIC SAFETY No Cost (Savings) RAD (Pd. By FPL) SOLID WASTE 401-3410-512000-300 CULTURAL AFFAIRS 001-7310-512000-700 UTILITIES 412-1300-512000-100 (3%) 441-1300-512000-100 (50%) 451-1300-512000-100 (47%) (Utilities Project Mgr.) 451-1300-512000-100 (100%) (Sr. Accounting Clerk) LIBRARY 001-7110-512000-700 ~ ...., RECAP RECLASSIFICA TIONS (ANNUAL COST INCLUDING BENEFITS) EFFECTIVE APRIL I., 2004 ENGINEERING Dept. Revenue Coordinator to Fiscal Coordinator Pay Grade 13 Pay Grade 16 Cost: $2,194.00 Survey Tech. III to Survey Tech IV Pay Grade 15 Pay Grade 20 Cost: $2,273.00 ENVIRONMENT AL RESOURCES Env. Land Specialist to Environmental Land Specialist Pay Grade 18 Pay Grade 21 Cost: $5,471.00 Env. Museum Supt. to Env. Museum Supt. Pay Grade 16 Pay Grade 21 Cost: $7,860.00 INFORMATION TECHNOLOGY Computer Operations Supv. to Customer Services Supv. Pay Grade 19 Pay Grade 21 Cost: $6,201.00 Computer Operator to Customer Services Liaison Pay Grade 14 Pay Grade 15 Cost: $3,403.00 PUBLIC SAFETY Radiological Coordinator One time increase (paid by FPL) Cost: $2,000.00 SOLID WASTE Sr. Accounting Clerk to Fiscal Coordinator Pay Grade 12 Pay Grade 16 Cost: $5,310.00 CUL TURAL AFFAIRS Executive Director to Director of Cultural Affairs Pay Grade 20 Pay Grade EXl Cost: $9,222.00 '- ~ UTILITIES Sr. Accounting Clerk One (1) time (ten) 10% increase Cost: $2,546.00 Utilities Field Svc. Coordinator to Utilities Project Manager Pay Grade 13 Pay Grade 21 Cost: $8,461.00 LIBRARY Librarian III to Librarian IV Pay Grade 17 Pay Grade 19 Cost: $2,219.00 Library Associate II to Library Technical Assoc. I Pay Grade 7 Pay Grade 8 Cost: $1,427.00 Library Associate I to Office Assistant I Pay Grade 5 Pay Grade 6 Cost: $1,027.00 Library Associate I to Library Assoc. II Pay Grade 5 Pay Grade 7 Cost: $1,327.00 Library Associate I to Office Assistant I Pay Grade 5 Pay Grade 6 Cost: $1,078.00 Maintenance Tech. I to Maintenance Tech. III Pay Grade 4 Pay Grade 7 Cost: 1,227.00 Office Assistant I to Office Assistant II Pay Grade 6 Pay Grade 8 Cost: $1,753.00 Office Assistant II to Office Assistant III Pay Grade 8 Pay Grade 10 Cost: $1,277.00 Library Page to Head Library Page Pay Grade 1 Pay Grade 2 Cost: $1,203.00 * COST ANALYSIS INCLUDES BENEFITS '- ....., RECAP (EFFECTIVE APRIL 1, 2004) ONE-TIME INCREASES ANNUAL COST INCLUDING BENEFITS PARKS & RECREATION - Svorts Comvlex Stadium Superintendent One time 5% increase Cost: $3,259.00 COMMISSION (DISTRICT 1) Executive Aide One time 5% increase Cost: $1,971.00 CODE COMPLIANCE Code Compliance Manager One time 5% increase Cost: $3,989.00 *Cost Amounts Include Benefits '- ..." RECAP (EFFECTIVE APRIL 27, 2004) ONE-TIME INCREASE ANNUAL COST INCLUDING BENEFITS STRATEGY & SPECIAL PROJECTS Strategy & Special Projects Director Cost: $ 4,680.00 GROWTH MANAGEMENT DEPARTMENT Economic Tourist Development Manager Cost: $3,255.00 *Cost Amounts Include Benefits '- ...." RECAP (EFFECTIVE APRIL 27, 2004) NEW POSITIONS (Fiscal Impact/Fund Numbers) Community Services Transit Manager Pay Grade 23 Cost: $67,920 *Position funded from grants 001-6420-512001-6901 001-6420-512001-6902 Public Works - 001-6420-512001-600 Code Compliance (Permittine:) Office Assistant II Pay Grade 8 491-2415-512000-200 Cost: $36,159 Building Technician Pay Grade 11 491-9910-599300-800 Cost: $39,683 *Cost amounts include benefits '- ...." RECLASSIFICA TIONS (ANNUAL COST INCLUDING BENEFITS) ENGINEERING Dept. Revenue Coordinator to Fiscal Coordinator Pay Grade 13 Pay Grade 16 Cost: $2,194.00 Survey Tech. III to Survey Tech IV Pay Grade 15 Pay Grade 20 Cost: $2,273.00 ENVIRONMENTAL RESOURCES Env. Land Specialist to Environmental Land Specialist Pay Grade 18 Pay Grade 21 Cost: $5,471.00 Env. Museum Supt. to Env. Museum Supt. Pay Grade 16 Pay Grade 21 Cost: $7,860.00 INFORMATION TECHNOLOGY Computer Operations Supv. to Customer Services Supv. Pay Grade 19 Pay Grade 21 Cost: $6,201.00 Computer Operator to Customer Services Liaison Pay Grade 14 Pay Grade 15 Cost: $3,403.00 PUBLIC SAFETY Radiological Coordinator One time increase (paid by FPL) Cost: $2,000.00 SOLID WASTE Sr. Accounting Clerk to Fiscal Coordinator Pay Grade 12 Pay Grade 16 Cost: $5,310.00 CUL TURAL AFFAIRS Executive Director to Director of Cultural Affairs Pay Grade 20 Pay Grade EXl Cost: $9,222.00 '- , ......, UTILITIES Sr. Accounting Clerk One (1) time (ten) 10% increase Cost: $2,546.00 Utilities Field Svc. Coordinator to Utilities Project Manager Pay Grade 13 Pay Grade 21 Cost: $8,461.00 LIBRARY Librarian III to Librarian IV Pay Grade 17 Pay Grade 19 Cost: $2,219.00 Library Associate II to Library Technical Assoc. I Pay Grade 7 Pay Grade 8 Cost: $1,427.00 Library Associate I to Office Assistant I Pay Grade 5 Pay Grade 6 Cost: $1,027.00 Library Associate I to Library Assoc. II Pay Grade 5 Pay Grade 7 Cost: $1,327.00 Library Associate I to Office Assistant I Pay Grade 5 Pay Grade 6 Cost: $1,078.00 Maintenance Tech. I to Maintenance Tech. III Pay Grade 4 Pay Grade 7 Cost: 1,227.00 Office Assistant I to Office Assistant II Pay Grade 6 Pay Grade 8 Cost: $1,753.00 Office Assistant II to Office Assistant III Pay Grade 8 Pay Grade 10 Cost: $1,277.00 Library Page to Head Library Page Pay Grade 1 Pay Grade 2 Cost: $1,203.00 * COST ANALYSIS INCLUDES BENEFITS '- ...., RECAP TITLE CHANGE ONLY (NO FISCAL IMPACT) EFFECTIVE APRIL 1, 2004 INFORMATION TECHNOLOGY Network Desktop Supervisor to Sr. NetworkIHardware Tech. Pay Grade 22 Pay Grade 22 Systems Engineer Supervisor to Section Supervisor Pay Grade 23 Pay Grade 23 Sr. Systems Engineer to Sr. NetworkIHardware Tech. Pay Grade 22 . Pay Grade 22 Systems Engineer to NetworkIHardware Tech. Pay Grade 20 Pay Grade 20 Sr. Computer Operator to Customer Svc. Liaison Pay Grade 17 Pay Grade 15 MANAGEMENT & BUDGET Principal Budget Analyst to Budget Manager Pay Grade 24 Pay Grade 24 MOSQUITO CONTROL Heavy Equipment Operator II (3 positions) to Impoundment Operator II Pay Grade 11 Pay Grade 11 '- ..""" RECAP TOTALS ANNUAL COSTS INCLUDING BENEFITS EFFECTIVE APRIL 1,2004 Code Compliance $ 4,467.00 $13,331.00 $ 9,604.00 $ 5,310.00 $ 9,222.00 $11,007.00 $12,538.00 $ 3,259.00 $ 1,971.00 $ 3,989.00 Total $74,698.00 Engineering Environmental Resources Information Technology Solid Waste Cultural Affairs Utilities Library Sports Complex Executive Aide - District 1 "-' """ RECAP TOTALS ANNUAL COSTS INCLUDING BENEFITS EFFECTIVE APRIL 27, 2004 Strategy & Special Projects $ 4,680.00 Total $ 3,255.00 $ 7,935.00 Growth Management New Positions: Community Services $ 67,920.00 Total $ 75,842.00 $143,762.00 Code Compliance Totals: Grand Total $ 74,698.00 $ 7,935.00 $143,762.00 $226,395.00 One-Time Increase Reclasses for April 1, 2004 One-Time Increase for April 27, 2004 New Positions ~ """ DIVISION OF ENGINEERING MEMORANDUM 04-8 TO: Human Resources FROM: Engineering Division ¡f¡(vþ DATE: January 8, 2004 SUBJECT: Two Position Reclassifications The Engineering Division is requesting the attached two Position Reclassifications for April 1, 2004: Position Reclassification: Dept. Revenue Coordinator to Fiscal Coordinator Position Reclassification: Survey Tech III to Survey Tech IV Please call Mike Powley at X 1667 if further information is required. MVP:lb Attachments cc: Public Works Director . .. - ~ eno a:: 0 W~ ZM og enN en a:: -~ ~W ~>- 0-, u~ >-u t-en Z- ::JLL. o a:: uo LL.LL. OZ cQ a::t- <~ oS¿ aJLL. >-en t-en z~ ::J-' Ou UW Wa:: -Z gQ -,t- - ·en t-O en a.. '- 0::: o ~ Q<C L1I~ ~Q en 0::: L1IO ::JO AU L1I...J O:::<c u en u. ~ Z L1I :B .. ~z 0:::0 <cü5 a..- L1I~ 00 -.reo eo..... N_ -.r_ c:o I'- .....""..... o;tR-tR- I.{') '=f l'-eotR- 1'-.....' I.{') I.{') eo c:o en N tR- eo I.{') '=f_ c:o "" o""tR- ..........' c:o I'- "" N I.{') N tR- L1I ...J !:: ~ z o E en o a.. .... L1I ü.i ., C) ü.iQ~ ü;§ o <c <c .. ~ m oo:::u>-- uC)enO:::tt~ m>->-:5z~ o<C<C<CL1IO ïa..a..enm~ .."., c: l!) -c~ c: O'C"') c: ~ 0) O).:ê 'º ëño ~ ~ :::1.....rJ)c:c:o~ :::10) u.. :J .- ..... - c: c: ..c .1::. 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'=f I ..... o :it ~ Z ::J o U U <c I.{') N o 1 -.r o Ü CC :it o L1I 0::: en en :5 u L1I 0::: '-' '.I JOB CODE 577 PAY GRADE 16 SALARY: $28,995.20 - $44,574.40 FISCAL COORDINATOR MAJOR FUNCTION: This is advance level technical work in specialized accounting work in compiling, maintaining and verifying diverse statistical, fiscal and bookkeeping records and accounts related to grants, public agency operating and capital budgets. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Though knowledge of accounting and expenditure control systems. Requires a good working knowledge of County budget and purchasing policies and procedures. Also requires a good working knowledge of computer spreadsheet and word processing programs, as applied to the accounting system. . Abilities: Able to communicate and establish effective working relationships with co- workers, departmental staff, superiors and general public, both verbally and in writing. Ability to interpret and comply with complex grant procedural and regulatory requirements. Ability to maintain accurate accounts and to plan, organize and prepare complex analysis, reports and financial documents in a timely manner. Ability to establish effective and informative reporting formats of standard accounts. Ability to exercise independent judgement in solving most problems that arise with limited supervisor input. Must be familiar with PC computers with experience in Corel Spreadsheet and Word Processing programs. ESSENTIAL JOB FUNCTION: Sets up and maintains financial and budgetary accounts relating to the administration of grants, agency operating and capital budgets; enters data related to financial and budget accounts; obtains data and prepares reports on budget and financial matters as assigned; processes transactions related to financial and budgetary accounts; assists in preparation, review and implementation of grant, agency operating and capital budgets. Performs complex bookkeeping and accounting functions with some supervision and instruction. Conducts pre-audit review of the records by examining, verifying and reviewing accounts, invoices, bills, purchase orders and work orders. Assures each item covered in the pre-audit is properly coded for payment for various accounts and budget line items. Prepares requisitions, purchase orders and invoices for payment, opens confidential budget mail, verifies amounts due vendors, rectifies receipts with invoices, assures proper payment amount is due and is paid in a timely manner. Maintains cash receipts, petty cash and statements. Responsible to post revenues as well as receivable in the correct budget account code for future reporting. Must keep accounts, including control and subsidiary ledgers, that cover varied financial transactions. Must keep account of work order labor reports. Responsible for the preparations of the budgets and produces budget reports, analysis and evaluation of deviations from budget line expenditures. Prepares and maintains capital project status reports. Attends meetings with other departments and justifies all records and ledgers entries for accuracy. Performs other 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, good hearing. M~st be able to sit for extended periods. Occasional walking and frequent standing. Ability to lift occasionally 30 pounds. ENVIRONMENTAL CONDITION REQUIREMENTS: Constant work inside and air conditioned office in a sedentary posture. '-' "wtI WORK HAZARDS: Possible vision dysfunction due to heavy computer work. EDUCATION: Must have a high school diploma with some post high school advanced course in modern accounting practices supplemented by courses in typing and computers. EXPERIENCE: Four (4) years of progressive and responsible experience in the accounting and financial field with at least one (1) year of which must be maintaining a "double entry" accounting system is preferred. A comparable amount of training and experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Must also possess a valid Florida driver's license. .qo (/)0 Q:O w~ ZM og (/)N cna= -< ~W ~>- O...J 0< ~O Z5!2 ;:)u. Oa= 00 u.u. OZ cQ a=.... « O~ m~ >-en ....en Z< ;:)...J 00 OW Wa= -Z gQ ...J.... - ·en ....0 en a. .... z W :E .. ....z 0::0 <00 a..- w~ 00 or-- ~en coco N cri r--- NC')T"" tOEA-EA- o CO OEA- N" ~ to T"" - CO N to N ~ ~ EA- all), tOT""en N to r-- N EA- en C') EA- W ...J .... ~ Z o E en o a.. ¡:..: W w" (.') 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Q) E 15 ::¡ := u > .S ro ..Q2 ":> ::¡ ,_ (/) -:: 0 -0 c: cn ~ 0... t;.. cn ~ ~..... Q) "" Q) ::¡ cn u c: 0........ 0 \\, E (/) ro cn .- cn cn .- .c > 0 Q) Q) 0) -0 .~ t5 c: Q) U Z' ~ -0 Q) .S æ cn c: 0 0 0 c:.ccnŒ~>-ro2:e.......... gc:~Q)~u~.c~-g-g Ü ,9 ß -0 -0 ~ rn .9. 0....: .: :!::: (/)..x::::¡ cn cn ::¡ :1 Q) cn Q) CO 0 U cn .- .- cr cr ¢: ~¢: ro ~ ~.ê¢:¢: ~ ~ o o ~ I o o o N T"" l.() I l.() T"" T"" "i T"" o T"" :;t .... Z ::J o U U < CD N o I ~ o () ~ :it a w 0:: en en < ...J U w 0:: '-w" '-.I Job Code --- Pay Grade 20 Page 1 of 2 SURVEY & MAPPING ASSISTANT/SURVEY TECH IV MAJOR FUNCTION: This is technical and supervisory work in land surveying in connection with construction proj ects, field and office surveying. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledqe: Knowledge of the principles, techniques and practices of land surveying. Knowledge of the instruments and computers used in land surveying and related software. Knowledge of mathematics through trigonometry and its application to field surveying. Knowledge of general construction specifications and plans. Abilitv: Ability to operate surveying instruments in the performance of duties. Ability to reduce and plot field notes. Ability to generate computations with the aid of office computer and related survey software. Ability to interpret engineering specifications. Ability to layout, direct and supervise the work of the field survey crew. ESSENTIAL JOB FUNCTION: Functions as assistant to the County Surveyor. Reviews field data. Performs work ups for the field crew. Operates office computer utilizing survey cad software in the preparation of work drawings and calculations. Assist in the review of site plans, boundary surveys and plats. Perform all functions of the Survey Tech III when required by the County Surveyor. Performs related work as required. ESSENTIAL PHYSICAL SKILLS: Good physical condition, must be capable of lifting 50 pounds. Capable of extended pedestrian travel across irregular terrain. Must be capable of sitting for extended periods while performing computer assignments. ENVIRONMENTAL CONDITION REQUIREMENTS: Must work under a variety of weather conditions such as extreme cold and heat. Must be capable of working in difficult terrain such as swamps, canals, ocean, rlvers, forest, and high traffic areas. - ",-,. ...." Job Grade Pay Grade 20 Page 2 of 2 SURVEY & MAPPING ASSISTANT/SURVEY TECH IV ENVIRONMENTAL PHYSICAL SKILLS: Must know how to swim. Should have I good eyesight and hearing. WORK HAZARDS: Working in or around heavy traffic areas. Working in or around water bodies and forested areas. Potential for insect bite and snake bite. SAFETY EOUIPMENT USED OR NEEDED: Safety vests, proper footwear for the job. EDUCATION: Four year degree in Surveying and Mapping and/or Graduation from high school or possession of an acceptable equivalency diploma, including courses in geometry and trigonometry, supplemented by specialized training in land surveying. A minimum of ten years experience in survey and mapping. Six of the ten years shall be as a field supervisor (survey party chief) in responsible charge of field activities as it relates to survey and mapping. EXPERIENCE: Ten years experience in surveying and mapping and a minimum of six years experience as a survey party chief. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Florida Driver's License is required. . - ...,,¡ PUBLIC WORKS DEPARTMENT ENVIRONMENTAL RESOURCES DIVISION :' ¡ï2 ~ ï=' n \\ n r==;:: \ : =..,í,:......;;:;;j' - I I \VI I -. ~,,;\ .:~ JAN 1 3 2004 \¡~ I ~-_._-_. ~'",,"~,:'..'. ~:j:!~~C.~3 s r L...': ~ C:::~,'J7Y. ~lO~ICA MEMORANDUM FROM: Pat Clute, Employee and labor Relations Manager Vanessa Bessey, Environmental Resource.s Manager '¡}-A('v'vb TO: DATE: January 13, 2004 RE: Reclassifications The Environmental Resources Division respectfully submits two reclassification requests to be considered in the 04/05 budget cycle. Steve Fousek Steve has worked with the County since July of 1995. He currently serves as the Environmental Lands Specialist and is responsible for the management of all of the county's natural areas (approximately 6500 acres). With the increase in new parcels purchased, this position has experienced an increase in demand for time through site visits, community meetings with neighbors, preparation of management plans, meetings with regulatory agencies, and coordination of existing staff and equipment to meet established timelines. Since the formation of the division two years ago, the supervisory responsibilities of this position have increased by 50% with the addition of two new employees. Other nearby counties with environmental lands programs similar in size to S1. Lucie County were surveyed to determine the salary of their environmental lands specialist. The average starting salary for similar positions in nearby counties is $41,000. The difference in salary amongst surrounding counties would make it difficult for S1. Lucie County to fill this position with a suitable candidate should the need arise in the future. I am requesting that Steve's pay grade be changed to 21 to make his salary more competitive with those found in surrounding counties. Sandra Bogan Sandra has worked for the County since December of 2000. She currently serves as the Learning Center Superintendent at the Oxbow Eco-Center. She is responsible for making recommendations regarding staffing of the center, developing the budget, developing educational programs, exhibits, and outdoor amenities. Sandra is currently supervising 25% more staff than when the Center - ~ ~ '-" .Jlassification Memo January 13, 2004 Page 2 officially opened its doors in 2001. This increase in staff was necessary due to the increase in demand on Oxbow staff for programs and special events. As is evident by the 1000 people that attended the Halloween event this year and the full schedule of educational programs until May of 2004, the Oxbow is an up and coming hot spot in St. Lucie County. Other learning centers in the area were surveyed to determine the salary of the supervisor. The average starting salary for positions similar to the Learning Center Superintendent is $40,000. As is the case with the Environmental Lands Specialist, the difference in salary would make it difficult for St. Lucie County to fill this position with a suitable candidate should the need arise in the future. I am requesting that Sandra's title be changes to Leaming Center Supervisor and that her pay grade be changed to 21 to bring her closer to what her colleagues in the area are making. Both of the above positions have seen an increase in responsibility on the last two years. I have attached job descriptions and salary information for similar positions in the area. If you have any questions or need additional information, please feel free to contact me at extension 2528. 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CII ;:, - m1:l ;:, c ~. g o 0 ;:, :E 3 0 ~ ~ [III ::z:¡ CII <It o c ð CII re.. £> ~ r- CII ID ..., ;:, :r ;ZJ ICm (')0 ~ c: ;-m ..., CÞ cn-l c m a¡o < ãï o ..., tD c: o C) m -I ~ 1:1 ~ -I ;ZJ m n >0 1:13: 1:13: ;ZJm OZ <0 mm o!=? >< -<-< mm (þ(þ zz 00 ;ZJ;ZJ mm « (þ(þ mm 00 ""0 en 0... en· -ï :::!C 00 z- ::am mO 00 ïC :Þz en... en-< :;;111 -0 0» ~:;o -0 ~o .,,'" 00 ::a 0 ."c -z en... 0-< »0 ïO -<3: ~3: ::aëñ NC/J 0- 00 ~z Nm 0:;0 OC/J CJ'I .\ \ \ . \ \ . \ 1\' n\\ /. '1'1 I ., 1 . _ '\_ \... \.. I,l \". . "'wIll ENvIRONMENTAL LAL'IDS ADMINISTRATOR (Parks & Recreation) $39,000 - $61,000 DESCRIPTION OF DUTIES: Advanced professional and administrative work coordinating and supervIsmg environmental programs 0 r projects. \V ork involves assisting senior 1 evel management with program and policy development. \Vork requires responsibility for the execution, development and implementation of environmental programs, projects and studies. Work is performed with considerable independence and initiative under the direction of the Director of Parks and Recreation. Work is reviewed throucrh " conferences, reports and program achievements. Develops and recommends programs to improve and enhance the environmental quality of 1 ands including native habitat restoration, hydrological and wildlife enhancements. Serves as the County's principal professional and technical resource person for activities and operations involving county environmental ands; performs advanced professional environmental planning; managing and supervising the environmental lands division of the department; and analyzes policy and technical issues. Provides clear and accurate environmental information and resource management assistance to state and county agencies, interest groups, developers and the general public; consults, coordinates and advises other county agencies, departments and divisions; and coordinates and makes presentations at public meetings. Manages and supervises assigned staff in a manner conducive to full performance and high morale; supervises the preparation of resource management plans and master plans for environmentally sensitive lands. Conducts inspections of environmentally sensitive lands; classifies property as to ecological systems and need, and facilitates management as necessary. Assists the department director in the development of policies and procedures related to environmental issues; participates in the research and preparation of annual work programs and budgets. Develops and recommends environmental education and recreation' programs appropriate for sensitive lands. Performs work related to this job description as required. Serves as essential staff as defined in the Administrative Directed Policy cwd030.009. K1'\fOWLEDGE AND ABILITIES Thorough knowledge of environmental and conservation principles and 0 bjectives. Knowledge of applicable land use planning techniques. Knowledge of state and federal environmental rules and regulations. Thorough knowledge of Florida ecosystems. Knowledge of Martin County ecosystems or the ability to acquire such knowledge within an expedient period of time. Ability to manage the operation of a division to include oversight of budget, staff and volunteers. Ability to design and implement prescribed fire management plans, scientific studies, recreational land use programs, environmental education programs and other related land management activities. Ability to establish and maintain effective working relationships with supervisors, County officials, employees, land managers, volunteers and the general public. Ability to exercise sound judgment in decision making. Ability to communicate effectively, both orally and in writing. Knowledge of computer / t mp / a x 1 5 1 2 9 C . a w '-" ...., hardware and software programs utilized in the perfonnance of job related tasks. Ability to take initiative, work independently and advance multiple projects simultaneously. MIN'IMULvl QUALIFICATIONS: Graduation from an accredited four (4) year college or university with a B.S. degree in Natural Scien,ce, Environmental Science, Plalliling, Biology/Botany, Forestry or closely related field and five (5) years experience in the management of environmentally sensitive lands. A Possession of a valid State of Florida driver's license. Updated July 2003 ("essential staff') .. ._ __ I ... .. 1 :: 1 .., C) ". SPEC ~.~ ~: >~ ':( P.'3 \j -:,,",>; :ílment ~-:-r':,::rit3 Jacs :1\i~('S¡ty ,~~ ;::;e\¡~~lJpr~e!1 t ;=:~pjG~,'e8 Ds\¡ :=>1'1çl Re:iaticns :~.~G:~rc::) ¡?t Info C'!í::::ctiorìS ;:: :~rSGr"!' t:i ;-!r:.cr:~:: Pace '-' Heme '-'~~,"£:!."""~" :- .-~,..,,: Se.3¡-Gh Jobs ISPEC. NO.IJOB CLASSIFICATION TABLE I ~ P:J.ge I at' 2 '-' , ,'- ."'...~"._'''''.'-',_.' . . . (~':;r~C;3C; Us 1930 1931 1936 ~933 :2.J.O 11941 11942 1:943 1194<.1 19dõ 1'1947 11948 1S4'3 11950 '''''';; ... I ~:. ~:J I' -...- : '....~... r"'" -'~ .- I" ':'S" I"" . I ,-,,-I : . .., '.~'~ 1-;('0 . '_'; .I I 1-;(11; ,;; - )~., 1'"'(-('1" .... '/'J0 I'~I- (' (' 4-.11)::; :: f} ! f ~~ :..:012 :.::U 1 ~J 12017 I~,r")r\ _'J' '- ~ I~ ....". '.. ./ -" .....- I ;. ." ., ..;,,"} .:.,...,. I" .". - I::'U¿~':' 1202f3 12027 IZ023 \"'.''-' ,;; ..:. I .' , .~ . } I' ..'- ,,;,, ).) ! I'~"'"'' .~. _._.,C 1211)0 1210 ! I Environmental Resources IIHydrogeologist ¡ISenior Hydrogeologist I¡Environmental Technician I IIEnvironmental Technician II I Environmentalist I I Environmentalist II Environmental Analyst ¡ISenior Environmental Analyst IIEnvironmental Program Supervisor IIDeputy Director. ERM IICoastal Geologist IIDirector, Financial & Support Services II Director, Environmental I Director, Environmental Resources Mgmt. ¡Environmental Coordinator IIDirector. Mosquito Control I¡Mosquito Control Inspector ¡¡Land Management Assistant Parks & Recreation IICertified Playground Safety Inspector ¡¡Tree Trimmer IIChemical Spray Technician IICampground Attendant ¡Campground Manager ¡Park/Pool Attendant ¡Park Ranger Park Ranger Supervisor ¡Parks Supervisor ¡IParks District Manager Parks Resource Superintendent ¡IResource Development Supervisor \Parks Operations Superintendent IIContracts/Grants Coordinator IIManager, Parks Support Services \ILandscape Architect ¡Parks Safety Coordinator I Parks Planning & Design Superintendent Ilpool lifeguard IIOcean lifeguard II PA Y GR. OfT B/U J " l[0d 1[0 .2:2 Iæ§] Iæ§] ¿~: 1[00 :~:! 1[00 ~~3 1[00 3ê 1[0 II 28 1[0 II ,=1)': 1[0 1~[0D 1~[0D II t:':': 1[00 I ~::f3 l[0rJ II ~'c; !@]D II ~'-;': 1[00 II .- Iæ§] CWA I II ':.} Iæ§]SI II <-. II II II II ¿: II·.:.:: II II '-.~ II f II II II II :.:~) I I II '.'.:', II :;¡.:. I .l2 II II II II [I II II I I II II , - - . ., . - .~ ':'1 'oJ 1æ§]lcWA I Iæ§]~ Iæ§]~ Iæ§]D Iæ§]D !æ§]L-J 1æ§]lcWA I 1[0 \[00 l[0rJ 1[01l 1[0 1[0 EX I .EX I 1[01 1[0 1[01 I ILBOfCWAl ILBOlcWA I lill I . - , , , i ... ~ . - - " ...., -- ,~ -:' ,~. , '":' !-, I~ I,. //f'.\ r'I.~". "" t>'" 1,,0/.. ìlb r1r!0.";, J n~r'rti l1"s\Adm [11 istrJtor\ Desktop\S PEe. h tm 2'2 7/:~ 0 () 3 SPEC ,~~~~:~,. '~;, I~' . I 0...'::1 " SZ'I .. \ .. ..... ..¿þ;~,~.~. .... 12102 2103 1210J. \2110 12'11.:1- 12116 ·12117 12120 12123 12124 12125 12126 I" ., ...."? ," ! .;;.... ! I.... . ''''J :' . ';"'.'..J I? ~ ,'c. "'I&..._ 12130 12131 12132 ?'I"" ,_ ,...J_ 12:2~ 12135 1-' "'~ ~ :-..Ji'J 12127 12138 "'1 ~.c. ."" , ~.. .... ....\ ,..:. ; '-'" I:: . I"" ,,:, ,L... . '-""" I" 1 1.1 .L. ' ¡,;.- \2145 12':":';- 1:21 50 I'" ~'") . <!.. I :J '"" I ~OkIE \wi IIBeach Patrol Lieutenant ¡IDistrlct Beach Patrol Supervisor IIBeach Patrol Captain IIBeach Safety Supervisor ¡IAssistant Pool Manager IIAquatics Supervisor ¡¡Beach Patrol Training Officer Aquatic Programs Coordinator IIRegistration Clerk I Recreation Aide I Recreation Specialist I I Recreation Specialist II IIRecreation Programs Coordinator IIRecreation Specialist III IIRecreation Programs Supervisor I Director, Recreation Services I Administrator, Morikami Park I Assistant Museum Curator I Curator, Morikami Museum I Director, Spec. Facilities & Beaches IIGolf Attendant IIGolf Course Manager IIGolf Course Superintendent IIMorikami Museum Operations Supervisor ¡IDirector, Parks Operations ¡¡Director, Parks & Recreation IIASSt. Director, Parks & Recreation IIDir., Parks Financial & Support Services IIRecreation Facility Manager I IIRecreation Facility Manager II ¡Naturalist Nature Center Manager I ¡Nature Center Manager II S2,!.:.,;~C;; .08:] "I I~ICWAI [[DO 25 I[DO ;7 I[DO 17 IlEC]lcWA I ~2 ¡[DO 22 I[DO ,j~ ¡[DO 1 :; 11EC]L-J NE .. EX [DO ~.~ ¡[DO I[DO ,j.~ I[D =.,'1. I EX EX 27 [DO [DO I ::')2 ¡[DO II ;Jí3 11EC][CWAl II -+~ I[DO II ;~ I[DO II èn I[DI I II ~i:r: I[DI I II ::;.;: I[DII If '::.'~ ![DI I 11=·}2 I[DL-J II - I[D II ~,. I[D II .- I[DI II '. I[DI II ". \[DI I TopJ. !! Jo1J S,?r¡.~s ;! .!.\lcl~J :r¡t:¿·~1 Ltr'·i~'·.S - Page ], 0 f 1. ...., II II II 1\ II II II II II .',.. ../ ' ("I " v') . (' ,~ ,-.,'" II II II I ",\,1 J.'; .... ~'''' ,- '('" :-.-,--' ~.~,~1:\¡T.":;';2 - © 2001 Palm Beach County Board of County CommIsSioners, Last modified: January 30, 2003 CI:st..:!~¡n;F.~r 11\, ""'f'\('"' _...:_ _.....\ .\ ,-I.........:,,;.--....·.,t.,,·\ T1;.:\~~I.·r'n\c:.pç::r hrn., 2i27I],OOJ , ~V" I}v-' '-' c.t f.:, I 7 II' Þ.- ~ I () 'f)gf 7 ~I 3 s' ¿ s ; I 1 ð :; </.6 . (, (I I 2......-:- (¡,2.:;; 1~.· IN, r¡ Z. :/ t /~ 1944 ENVIRONMENTAL PROGRAM SUPERVISOR NATURE OF WORK This is specialized professional and supervisory work assisting a Manager or Director in planning. coordinating and supervising e,-vironmental programs. An employee in a position allocated to this class is responsible for directing subordinate staff to accomplish goals established by the Snvironmencal Manager. 2nviror'.me:1.tal Director. or Director. Work is performed under cie general supervision of an administrative superior ar.d 1S revie·....ed through confere:1.ces. reports and examples of results obtained. EXAMPLES OF WORK Writes performance evaluations; issues counseling forms/disciplinary act ions; handles employee complaints and grievances; recommends the hiring. termination and promotion of staff. Plans workloads. workflows, deadlines. work objectives and time utilization with employees. Trains employees in methods for performing an effective and efficient job. Evaluates e:1.vironmental impacts of wetland or uplarld alte::ation 0:: pollutarlt discharges. ?repa::es recommendations regarding rehabilitation of contaminated sites or restoration of altered wetlarlds. coastal or upland sites. Serves as project manage:: or provides supe::vision for environmental enhanceme:1.t. p::oteccion and restoration projects. Assists i:1. the preparatiot'l of department and division goals. policies. procedures and budgets. Develops proposed rules and ordina:1.ces and policy procedu::es memoranda concerning e:1.vi::onmencal resou::ce issues. Serves as expert technical witness in legal and adm:nistrative actions. Provides staff support to advisory committees. Ke'/iews and comme:1.ts on proposed legislation. regulations and policies of state, local and regional agencies. Makes presentations to schools. ci'lic groups. chambers of commerce a:1.d other business and civic organizations to publicize env:ronmental programs and rules. Prepares work schedules and conducts briefings. Se::ves as liaison with other agencies and the general public. Prepares records and reports. Performs related work as required. REOUIRED KNOWLEDGE, SKILLS, AND ABILITIES Considerable knowledge techniques of the physical or Cons iderable knowledge of the terminology. pri:,.ciples natural sciences. of data collection a:1.d analysis and analytical pnnc-iples and procedures. Knowledge of planning. program development teçi~i~~es and delegation oE resporls ibil ity. "-t "WI 1944 ENVIRONMENTAL PROGRAM SUPERVISOR CONT'D REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES CONT'D Abilii:y to determine '''ork priorities, assign 'Nork and ensure prope:: completion of work asslgnments. Ability to communicate effectively, both orally and in writing. Ability to establish and maintain effective '''o::king relationships wit.;" others. Ability to collect, evaluate, analyze and interpret scientific or technical data. Ability to prepare technical reports. Po.bility to understa!".d and apply applicable rules, regulations, policies and procedures relating to environmental programs. Ability to deal with public interest groups and the media in a tactful and courteous manner. Ability to coordinate on an interagency basis and coordinate multiple programs. MINIMUM ENTRANCE REOUIREMENTS Graduation from an accredited college or university with major course work in one of t:he physical or nat:ural sciences, environmental st:udies or engineering. Three (]) years of professional experience in environmental protection, environmental regulation or natural resources management, or two (2) years of professional expe:-ience working directly in the desc:-ibed program area. A Master's Degree may be substituted for one (1) of the three years of professional exper:.ence and a !?l"'.D may be substitut.ed for ':'''0 (2) years of professional expe::-ie:;ce. .".d'¡a:'1.ced deg:-ees must be in one of the phys ical or natural sciences, environ~e~=al st1~di~s O~ enginee~ing. Rev. 11/92 " ~ ~J Û /yV)~ ~ ~I,"f .:1 ¿, I C I~ '6 - ':>:.) ìl,/, 1;1.. ,I..",~ ~ ~ 51 '}/rf ..",,¡; 61 ¿ tJ-C;. I c..~ , It.' to! ¡2. .;!c. ,(..e. 2152 NATURE CENTER MANAGER II NATURE OF WORK This is prof~ssional work planning, di~ec:ing and supe~vising thê administrative ope~ations, programs and maintenance 0: a Nature Cente~. An employee in a position allocal:ed to t;"is class is responsible for developing and monitoring the natu~e center's budget, e:([".!.bit de'J'elopment, public relations and education, program planning, fund-raising and the future expansion a:1.d maintenance of the nature cen:er. work is perfo::-med under the general direction of the Recreation ?rog::-am Supervisor, and is reviewed through periodic conferences, written reports and program evaluations. EXAMPLES OF WORK Write performance evaluations; actions, handles employee complair'.ts te::-mination and promotion of staff. Supervise naturalist and volunteers; responsible for planning and creating natu~e center displays, state and federal perm!.t acquisit.ion for relevant species; establishing, maintaining and interp::-eting scientifically viable monit.oring data; ove::-seeing the operation of the nature cent.er's gifl: shop; el:c. ?repare and administer center's budget.,· t~acking expendi:ures and revenues; coordinating allowable expenditures t.hrough the "Friends of" programs - keeping the treasu~er apprized of expenditures; and grant. funding. Coordinate wit.h other Coun:y divisions and depa~tment.s for maintenance. ?~epare and edi t wildli fe and habl t.at mar'.agemenc plans, memorandums; sens!.::'ive documents, newsletcers, int.e~- a d int.~a-agency co~~espondences, and general public informal:ion/fact sheet accuracy. Attend and pa~ticipate in Executive Board meetings and conferences held by inter- and intra-agency groups, committees and p~ofess!.onal sociel:ies. Train sl:aff 1:0 perform the appropriate functions for wildlife management, field monitoring) data collecl:ion and int.erpret.ac!.onJ, habit.al: management, and animal handling t.echniques for interpretive programs. Perform ot.her work as required. issues counseling forms/disciplinary and grievances; recommends the hiring, REQUIRED KNOWLEDGE, SKILLS AND ABILITIES Knowledge of wildlife management, fire ecology and management, biologlcal and ecological principles and practices, and animal husbandry. Knowledge of educational ~rinciples and ~rac~ices used to convey ~ertinent informa~ion to a wide range of audiences. Knowledge of the current literal:ure, trends and development in the field ot nature center adminis~ration. Ability to express ideas effec~lvely, orally and in writing. Abili~y to establish and maln:ain effective working relatlonships with employees, volunteers and public community groups. -- \!If ..., 2152 NATURE CENTER MANAGER II - CONT'D MINIMUM ENTRANCE REOUIREMENTS G~aduation from an accredited college or unive~sity with major cou~se wor~ in Natural Scie~ces or related Elelds of study (Zoology. Ecology, Envi~onmental Science) with emphasis placed on Natural History and Science; three (3) years experience managing a nature center or similar facility; or any equivalent combination of related training and experience. 9/2000 '-' ~ Salary Survey Environmental Learning Center Directors As of 6/8/01 Each of the positions below include overseeing operations of an environmental learning center, superJising staff, budgeting, managing gift store, promotional activities, developing educa!ional programs, outreach, developing exhibits and outdoor amenities. Orqanization Startinq Salary Wabasso ELC $55,000 Manatee Center $43,782 Oxbow Eco-Center $31,446 . '-' ....,.¡ Manatee Qserlation and Educa1icn Cantar Ft. Piercs, FL EM FlOYEE: Sewell, DEPARTMENT: MOEC J08 CODE: 076 CURATOR GENERAL DESCRJFT10N: Responsible for the developmert, directing ar.d ~ardination of the Fort Fierœ Manatee ObsefvåtX;n and EdLIC3ticn Canter. its staff, and the Treasure Coast Manatee Four:dation. This ptfscn reports to the Direc...cr at MaM<etir.g & Custcmer Se~cs. ESSENTIAL JOB FUNCTIONS: (Nete: Tnere are also seccrGary functions which the employee will be reGui~d to perform. ) Oversees part-time ~ and volunteer employees in the day-tc-day o~eraíions of a museum, educational facility, and retail gift store. Responsible fer raising annuaJ operating funds. Seeks and develops grant funding. Develops and implements annual fur.draising events. Corrtim.!es to develop and refine educaticnal c:micutum for grades K- 5 and impæments c!asses fer stL-cerns. Develops ar:d impiemerrts educaticnaJ progams and exhibits which it ¡(dTTl and eècca.te 1he pùJiic atcut er¡dar~red spedes (partic.Ifarly manatees), the Indian River Laçccn, the regional ec:::systems. and the ways FPUA interacts with the envircnrnent. Develops and implements marketing strategies. Maintains ~ntad with the media, induding writing radio and newspaper advertisements, press releases, as weU as appearing an te!e'iiSon and radio broadcasts. Attends meetings as FPUA representative. and s¡:eaks fer the F?UA at meetings of G.ï:y, CöunÍ'J, State, and F~erat ager1Ces. Plans, scheduJes, and implements annuaJ spedaJ events induding off~ite tours, speakers, and promotional events. Ccordinates retail gift shop operations indudlng marketing and sales promotions. Manages and coordinates large, multi-age volunteer team and staff of the Marnrtee Center. Serves as liaison with the Treasure Ceast Manatee Foundation. '-" ....¡ ESSENTIAL MINIMUM QUAUF1CA TlONS: (Education & Experience) Graduation frem an accredited college or university wfth a bachelors degree in Marketing, Human Relations, Communications, Education, Natural Sdencss or related fields, and three (3) years of relevant supervisory experiencs, preferably with a non-proñt organization. A comparable amount of training, experience, and previous job performanœ and accomplishments.may be substituted for the minimum qualifications. . . ESSENTIAL KNOWLEDGE, ~BILJTIES AND SKILLS: General knovvtedge of retail business management. General ac~cuntjng knowledge including ability to develop a budget. Genera! knowledge of basic building maintenancs. Advancsd skms in computer spreadsheet. graphics, and 'Nerd prcœss¡ng. AbiJity to express complex ideas and ccncspts simply, dearly, and condsely, either verbally or in written form. Abilfty to prepare and deliver effective presentations to civic professional, œmmunity, governmental and regulatory groups. Ability to work independently and make decisions. Ability to plan and schedule tours and lectures. Knowiedge of and ability to apply princ:ples of professional management to plan, organize and direct the war{ activities of a variety of personnel. Ability to deal effectively and o:>urteously with e!ected and appointed public offidals, FPUA Board members, FPUA employees of various levels, and members of the general public. NECESSARY SPECIAL REQUIREMENTS: Work may require some travel, announœd or unannounced overtime work and the ability to respond to C3I1-out work during non-working hours or emergencies. Must possess a valid State of Florida Driver's license. ESSENTIAL PHYSICAL SKILLS: '-' ...,.¡ (Reasonable accommcdaticns will be made fer otherwise qualified individuals with a disability.) ENVIRONMENTAL CONDITIONS: This position will require some inside and some outside work. "'EXempt P~n CU'RA TOR...DOC NEW: 4I9S REV1SED: 21~98 REV7SE!J: 5/10199 REV1SED: 5/1/00 I Page I 0 f .:. '-" ...." .J Q' L I; :;. -- 1 .,._. _ . ~i Class Code 05483 NATURAL RESOURCE SPECIALIST II þJATURE OF WORK This is professional environmental work enforcing the provisions of environmental ordinances as well as participacing in natural resource enhancement and protection efforts. Work involves performing natural resource proceccion activities related to air pollution, water pollution, groundwater and soil protection and restoration, ecosystem protection and restoration, and environmental enforcement. Work includes inspection of facilities In well field zones, pollutant storage facilities, dredge and fill activities, sites proposed for development, and environmentally sensitive lands, sample collection and field tescing, and participation in environmental enhancement, protection, and restoration projects. Major technical or policy problems are discussed with a superior before taking action although employees are expected to exercise independent judgement and initiative in developing work methods. Employees in this class may supervise professional and sub-professional assistants in field and office environmental protection work. Work is reviewed through conferences, reports, and observation of work results. DISTINGUISHING CP~~~CTERISTICS: This class is distinguished from the Natural Resource Specialist I by the greater experience required and by the lead worker responsibilities. ILLUSTRATIVE TASKS Performs routine investigations involving compliance with environmental rules and license conditions; issues Notice of Violation, and prepares correspondence dealing with enforcement of httn'I!\.\!w\.\' hrn\.V~rrl nrcr/hriobft%54S3.htm 2127/2003 Page 2 0 r .:.. ~ """'" environmental rules and ordinances. Performs field evaluations and makes recomme~dations on environmental aspects of resource management; prepares restoracion and management plans. Reviews environmencal license applications for consistency with federal, state and local environmental laws and regulations. Develops manuals, guidelines and procedures for implementing environmental resource programs; assists in wricing, amending, and updating County environmental rules and regulacions. Maintains files, prepares reports and participaces in hearings concerning violations of federal, state, or local laws and ordinances. Tracks the progress of environmental protection and restoration efforts and works with contractors. Prepares grant request proposals. Prepares informational and educational materials and programs relating to environmental resources; develops and implements Best Management Practices. Performs training, instruction and supervision in the gathering, evaluation and interpretation of hydrological, terrestrial, chemical and/or marine physical and biological data. Makes presentations to schools, civic groups, chambers of commerce, and other business and civic associations to publicize the environmental programs and ordinances. Reviews beach erosion control projects to ensure appropriate enhancement and protective environmental considerations. Reviews water resource and habitat restoration plans for County impact. Interprets laboratory and geotechnical data related to permits, compliance inspections, or enforcement actions. Reviews operating, transfer and closure permits for compliance' to federal, state, and local laws and regulations. Coordinates programs with other County departments, municipalities and agencies. ,-..._.f ........ \___......._...1 .-.._..It.....-;.......hrt'/'''''\/n'''·tQ~ "ht.,.,., 2/27/2003 Page 3 0 f .:+ .... .....,J Performs related work as required. ~~OWLEDGE ABILITIES fu~D SKILLS Knowledge of the principles, practices, and techniques of chemistry, biology, geology, physics, and environmental science as related to natural resource procection. Knowledge of federal, state, and local environmencal control laws and regulations. Knowledge of quality control procedures, sampling, and statistical techniques used in determining reliability and validity. Knowledge of basic solid, industrial and hazardous wasce handling practices and requirements. Knowledge of reference sources, current trends, and recent research in environmental pollution control and regulation. Ability to collect, record and analyze technical data relating to environmental science and pollution control and to recommend solutions to environmental problems. Ability to apply scientific and technical knowledge with accuracy and sound judgement. Ability to supervise and participate in the work of subordinate professionals and cechnicians. Ability to act In emergency situations and respond to changing field conditions. Ability to communicate effectively both orally and in writing. Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter and spirit of Broward County's Ethics and Conflict of Interest policies. Ability to establish and maintain effective working relationships with the general public, co-workers, elected and appointed officials, and members of diverse cultural and linguistic backgrounds regardless ?f race, religion, age, sex, disability, political affili~tion or sexual orientation. REQUIRED EXPERIENCE AND TRAINING Graduation from an accredited four-year college or university with maJor course work in environmental science, biology, marine biology, httn'//W\VW hmw;;¡ni nrg/hriobfto!o5483 .htm 2/17/2003 Page4of4 ~ '-' enginee~lng, cnemlscry, forestry, geology, hyd~ology or field of specialization appropriate to area of assignment; two (2) years exper:ence in natural resource protection work appropriate to area or assignment; or any equivalent combination of relevant training and experience. GENE~~L INFORMATION Bargaining U~it: Government Supervisors Association - (Professional Uni t) FLSA Status: Exem~t Code of Ethics Cercification: No Work Locations: Air Quality, Biological Resources, Environmental Monitoring, Land Use & Permitting, Pollution Prevention & Remediation, Water Resources Class Spec. Estab./Revised: E12/95 RS/OO Lb:k to Pr-:-violls Page htt." if".."." h...r.".""rd ~ru!hri("\hftn/n':;4S) htnl 2/27 /2003 Page 1 of 1 ~ ...., Pat Clute - More Supplemental Information for Reclassifications From: To: Date: Subject: cc: Vanessa Bessey Clute, Pat 1/21/20048:02 AM More Supplemental Information for Reclassifications Bowers, Mike; West, Don If you could please include this information when you speak with Doug and Ray, I would appreciate it. The actual cost for the increases is as follows: Steve Fousek: Steve Currently makes $44,326.26. To bring him up to a pay grade 21 would involve a 5% increase followed by another 5% increase at the end of probation. This equates to a total increase of $4543.44. Sandra Bogan: Sandra currently makes $36,078.02. To bring her up to a pay grade 21 would involve raising her salary to the low end of the pay grade 21 ($40,577.06) followed by a S% increse at the end of probation. This equates to a total increase of $6572.89. Therefore, the total for both increases is $11116.33. When I prepared the reclassification sheets for review, I used the low end of the current pay scales. Thank you in advance for helping with this. Vanessa file:/ /C :\DocumentsO/020andO/020Settings\Administrator\Local%20Settings\ T emp\G W} 000... 1/2112004 '-' ....., INFORMATION TECHNOLOGY MEMORANDUM TO: Carl Holeva, Human Resource Director FROM: Dennis Wetzel, Director DATE: January 8,2004 RE: April 1, 2004 Personnel Actions - Proposed Reorganization Title changes and revised job descriptions The Information Technology Department has had to change the titles of certain outdated positions and has updated the job descriptions to become effective April 1, 2004. I had previously discussed this subject with Carl Holeva, Pat Clute and Marie Gouin and they recommended that this reorganization to become effective April 1, 2004. The reason for the changes is the position titles and job descriptions were no longer valid and required updating at the earliest possible time. The managers have prepared and requested the attached information regarding the new job descriptions. The new position titles will only require changing funds from one existing position and the funds are available in the existing budgeted positions. Current Job Title and Payqrade: Proposed Job Title and Payqrade: Network Desktop Supervisor - 22 Systems Engineer Supervisor - 23 Senior Systems Engineer - 22 Systems Engineer - 20 Computer Operations Supervisor - 19 Senior Computer Operator - 17 Computer Operator - 14 Senior Network/Hardware Tech - 22 Section Supervisor - 23 Senior Network/Hardware Tech - 22 Network/Hardware Tech - 20 Customer Service Supervisor - 21 Customer Service liaison - 15 Customer Service liasion - 15 The updated job descriptions are attached for the file. The payroll change forms and a revised organizational chart will be prepared after approval of the agenda item. Your attention to this matter is appreciated. Revised August 4, 2003 '-' CURRENT INFORMATION TECHNOLOGY CUSTOMER SERVICE INFORMATION TECHNOLOGY DIRECTOR Dennis Wetzel I ASSISTANT INFORMATION TECHNOLOGY DIRECTOR Phil! Brodeur I NETWORK/OPERATIONS .-- MANAGER f-- Brian Myszkowski OPERATIONS SENIOR CUSTOMER SUPERVISOR SERVICE LIAISON Nelson Azcuenaga Maddy Yaroma SENIOR CUSTOMER SER- - OPERATOR VICE LIAISON Daniel Allison Vacant COMPUTER '-- OPERA TOR Larry Coleman "'" '-' -....I PROPOSED INFORMATION TECHNOLOGY CUSTOMER SERVICE INFORMATION TECHNOLOGY DIRECTOR Dennis Wetzel I ASSIST ANT INFORMATION TECHNOLOGY DIRECTOR Phil! Brodeur I NETWORK/OPERATIONS MANAGER Brian Myszkowski I CUSTOMER SERVICE SUPERVISOR Nelson Azcuenaga SENIOR CUSTOMER I-- SERVICE LlAISION Maddy Yaroma CUSTOMER '"- SERVICE LIAISON Daniel Alllison CUSTOMER SER- - VICE LIAISON Larry Coleman CUSTOMER SER- '-- VICE LlAISION Vacant '-' .."".¡ JOB CODE 777 PAY GR~DE 19 SALARY: 534,622.47 - 554,537.69 COMPUTER OPER~ TrONS SUPERVISOR MAJOR FUNCTION: Technical work with supervisory duties in operating a computer and related peripheral equipment to process programs. KNOWLEDGE, ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORLVI THE ESSENTIAL JOB FUNCTIONS: Knowled!;!e: Working knowledge of computer related equipment and its operational limitations. Knowledge of the virtual operating envirorunent. Abilities: Ability to supervise and make decisions with minimum assistance. Ability to operate various types of computer systems and peripheral equipment. Ability to follow detailed written and oral procedures and instructions accurately. ESSENTIAL JOB FUNCTIONS: Supervises computer operators. First line contact on computer room related problems. Supervises training of new computer operators. Schedules all jobs to be run on computer. Verifies accuracy of computer production. Maintains supply room and keeps monthly inventory. Coordinates supply ordering with appropriate clerical staff. Supervises tape library operation. Responsible for proper backup and storage of all files. Coordinates with Systems Resource Manager in hardware and systems software related matters. Coordinates with Senior Hardware Engineer on computer room maintenance and repair. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Frequent bending, stretching or lifting of objects of 30 pounds or more. Occasional walking and frequent standing. Vision must be good enough to enable the reading of instructions either hand written or computer generated. Must be able to hear normal conversations on a telephone. ,YORK HAZARDS: Frequently involved in cleaning of equipment in which toxic chemicals are used. Possible vision disfunction due to heavy computer usage. SAFETY EOUIP¡VIENT USED OR NEEDED: Use of protective gloves and eye glasses recommended. EDUCATION: Graduation from high school or possession of an acceptable equivalence of a diploma. A.A. or A.S. degree in computer science and/or a minimum often years operating experience on a large mainframe computer. A comparable amount of training or experience may be substituted for the minimum qualitìcations. EXPERIENCE: Ten years experience in the operation of mainframe computers. LICENSE. CERTIFICATION OR REGISTR<\. TION: A valid Florida driver's License is required, and a good driving record. ~ -....J JOB CODE 556 PAY GRADE 17 SAlARY: $14.89 - $23.75 SENIOR OPERATOR MAJOR FUNcrION: Technical work with some supervisory duties in operating a computer and related peripheral equipment to process programs. KNO\VLEDGE ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORM THE ESSENTlALJOB FUNCTIONS: Knowledge: '-tV orking knowledge of computer rel<l.ted equipment and its operational limitations. Knowledge of the virtual operating environment. Ability to operate various types of computer systems and peripheral equipment. Abilities: Ability to follow detailed written and oral procedures <I.nd instructions accurately. ESSENTIALjOB FUNCTIONS: Schedules alljobs to be run on computer. Supervises training of new computer oper<l.tors. Verifies accuracy of computer production. Maintains supply room and keeps monthly inventory. Supervises t<l.pe library operation. Responsible for proper b<l.ckup and storage of all files. Assists supervisor in other routine matters, whenever possible. Acts on behalf of supervisor in his absence. Responsible for all computer output mainfrcune equipment and supplies. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Frequent ,bending, stretching or lifting of objects 30 or more pounds. Occasional walking and frequent standing. Vision must be good enough to enable the reading of instructions either written or computer generated on a cathode ray tube. Must be able to hear normal conversations on a telephone. WORK HAZA.RDS: Frequently involved in the cleaning of equipment in which toxic chemicals are used. Possible vision disfunction due to heavy computer usage. SAFETY EQUIPMENT USED OR NEEDED: Use of protective gloves and eye glasses recommended. EDUCATION: Graduation from high school or possession of an acceptable equivalence of a diploma. A.A. or A.S. degree in computer science and/or a minimum or ten }'ears operating' experience on a large mainfranle computer. A comparable amount or training or experience may be substituted for the minimum qualifications. EXPERIENCE: Ten years operating experience on a large mainframe computer. LICENSE, CERTIFICATION OR REGISTRATION: A valid F1oridadriver's license is required, and a good driving record. ~ .." JOB CODE 558 PAY GRADE 14 SALARY: 512.34 - 518.83 COMPUTER OPERATOR ~l~JOR FUNCTION: Techrúcal work operating a computer and related peripheral equipment to process programs. KN'O\VLEDGE. ABILITIES AND SKILLS NEEDED TO PERFO&'Y THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowled!!e: Knowledge of computer related equipment and its operational limitations. Knowledge of computer language. Abilities: Ability to operate various types of computer systems and peripheral equipment. Ability to follow detailed written and oral procedures and instructions accurately. Ability to stand and walk considerably during tour of duty. ESSENTIAL JOB FUNCTION: Enters job in computer for processing and operates the computer and related peripheral equipment such as printers, storage devises and keyboard terminals. Keeps records of machine tapes and discs for data storage. Cleans tapes, printers and other equipment. Assembles programs and program libraries. Updates job instruction books. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Frequent bending, stretching, or lifting of objects of 30 pounds or more. Frequent walking and standing. Vision must be good enough to be able to read instructions that are either hand written or computer generated on a cathode ray tube. Must be able to hear normal conversations on a telephone. 'WORK HAZARDS: Frequently involved in the cleaning of equipment in which toxic chemicals are used. Possible vision disfunction due to heavy computer usage. SAFETY EQUIPMENT: Use of protective gloves and safety glasses recommended. EDUCATION: Graduation from high school or possession of an acceptable equivalence of a diploma. A comparable amount of training or experience may be substituted for the minimum qualifications. EXPERIENCE: Minimum of six years operating experience on a large mainframe computer. LICENSE. CERTIFICATION OR REGISTRATION: A valid Florida driver's license is required, and a good driving record. JOB CODE 777 \w- PAY GR~DE 21 SALARY: $40,577.06 - $64,079.18 CUSTOJ\'IER SERVICE SUPERVISOR ....,¡ J\'IAJOR FUNCTION: Supervision of Technical staff performing work delivering technical and operational support services to customers. Performs professional technical work in a Help Desk/Operations environment for all IT supported technologies. Priority One assignment for county emergencies, hurricane, disaster recovery, etc. KJ.~OWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORlvl THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledee: Administration of help desk operations. Strong PC, MS Windows, and application knowledge. Basic understanding of communications and networking concepts. Understanding of inventory control and auditing procedures. Abilities: Must have the ability to supervise and make decisions with minimum assistance, be able to follow detailed written and oral procedures and instructions accurately, have excellent communication and interpersonal skills, have the ability to maintain a customer-service focus at all times, be able to remain calm in pressure situations and adapt quickly to change, be able to work on multiple projects and priorities and be able to work effectively with all organizational levels, be able recognize, research, isolate, and solve, routine user problems. ESSENTIAL JOB FUNCTION: Duties will include, but are not limited to insuring that all aspects of the help desk are properly coordinated, monitored, logged, tracked, and reported, assigning tasks and responsibilities as needed, performing performance evaluations, analysis of help desk períõrmance and service levels, recognition and identification of potential areas where existing policies and procedures require change or where new ones need to be developed, internal training, answering, evaluating, and prioritizing incoming telephone, e-mail, web based, and in- person requests for assistance, interviewing users to collect pertinent information, performing problem recognition, research, isolation, resolution, and follow-up for routine problems, leads users through diagnostic procedures, escalating more complex problems to the appropriate individual or team, logs and tracks calls, maintains history records and related problem documentation, reports on common issues for long-term problem determination. This position is responsible for the management of IT department vehicles, asset tracking, parts and inventory control, backup tape rotations and deliveries, customer and departmental reporting/processing, maintenance of the software and technical resource libraries, administration of call center and asset management software. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Frequent bending, stretching, or lifting of objects 30 lbs. or more. Occasional walking, standing, or use of ladders in performance of duties. Vision must be good enough to enable the reading manuals or computer generated instructions on a monitor. Must be able to hear normal conversations on the telephone. Must have good command of the English language. WORK HAZARDS: Will be called upon to lift objects greater than 30 lbs. Extensive use of a computer monitor which may have an effect on vision SAFETY EQUIPMENT: None EDUCATION: AA or AS degree in Computer Science or a related field. A comparable amount of training or experience may be substituted. EXPERIENCE: Four years of relevant experience in a help desk or customer service environment. At least two years experience leading help desk staff. LICENSE, CERTIFICATION OR REGISTRATION: A valid Florida driver's license and a good driving record is required. '-' ...., JOB CODE 551 PAY GR-\DE 15 SALARY: 512.99 - 519.99 CUSTOMER SERVICE LIAISON l\IAJOR FUNCTION: Perfonns professional technical work providing telephone and operational support in a Help Desk/Operations envirorunent for all IT supported technologies. Priority One assignment for county emergencies, hurricane, disaster recovery, etc. K1'ÆO\VLEDGE. ABILITIES AND SKILLS NEEDED TO PERFO&'Y THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowled~e: Strong PC, MS Windows, and application knowledge. Some experience in communications and networking. Abilities: Must have excellent communication and interpersonal skills, have the ability to maintain a customer-service focus at all times, be able to remain calm in pressure situations and adapt quickly to change, be able recognize, research, isolate, and solve, routine user problems, be able to work on multiple projects and priorities and be able to work effectively with all organizational levels, be capable of working individually or as part of a team, have the ability to assume the lead on a project, problem, or over an area of responsibility when requested or where appropriate, be able to grasp and apply new ideas. ESSENTIAL JOB FUNCTION: Duties will include, but are not limited to: answering, evaluating, and prioritizing incoming telephone, e-mail, web based, and in-person requests for assistance, interviewing users to collect pertinent information, performing problem recognition, research, isolation, resolution, and follow-up for routine problems, leads users through diagnostic procedures, escalating more complex problems to the appropriate individual or team, logs and tracks calls, maintains history records and related problem documentation, reports on common issues for long-tenn problem detennination. Secondary duties may include, but are not limited to: management ofIT department vehicles, asset tracking, parts and inventory control, return merchandise authorizations, backup tape rotations and deliveries, customer and departmental reporting/processing, maintenance of the software and technical resource libraries, administration of call center and asset management software. Perfonns related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Frequent bending, stretching, or lifting of objects 30 lbs. or more. Occasional walking, standing, or use of ladders in performance of duties. Vision must be good enough to enable the reading manuals or computer generated instructions on a monitor. Must be able to hear normal conversations on the telephone. Must have good command of the English language. 'VORl( HAZARDS: Will be called upon to lift objects greater than 30 lbs. Extensive use of a computer monitor which may have an effect on vision SAFETY EOUIPMENT: None EDUCATION: AA or AS degree in Computer Science or a related field. A comparable amount of training or experience may be substituted if recommended by management. EXPERIENCE: Two years of relevant experience or an equivalent combination of training and expenence LICENSE. CERTIFICATION OR REGISTR-\ TION: A valid Florida driver's license and a good driving record is required. ~ ,.." JOB CODE 554 PAY GR~DE 23 SALARY: $44,886.40 - $71,323.20 SECTION SUPERVISOR MAJOR FUNCTION: Supervision of a compliment of Technical Staff performing work delivering information systems technical support services to our customers. Comprising of site planning and preparation installation, preventative and corrective maintenance of electronic data processing and communications equipment coming under the jurisdiction of the Information Technology Department. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFOR1\'I THE ESSENTIAL JOB FUNCTIONS: Knowledge: Information Technology design, techniques, methodology, operating system & network system software, system administration, analysis and problem determination. Knowledge of desktop, server, communications network hardware, operating characteristics and limitations. Knowledge of current developments in Information Systems technology. Abilities: Ability to work effectively with customers, internal staff, management and external contractors or suppliers. Analyze customers' needs and formulate business requirements and summarize the information technology solution in non-technical terms. Able to present oral and written reports clearly and concisely. Ability to install and work with the customers on the implementation and training of applications software. Ability to analyze technical problems and determine the resolution. Logical thinking with strong interpersonal skills and command of the language is essential. Supervise multiple groups and project teams, multitask, monitor performance, schedule activities, project Management and Track-It System. ESSENTIAL JOB FUNCTIONS: Provide supervision function of information technology technical support to include personal computer system hardware and software set up, installation, network operations connectivity and administration, application software support & training, maintenance, problem determination and resolution, server and database support, and primary customer coordination. Prepare regular status reports for areas of responsibility including the up time, down time, trouble reports, traffic loads, bottlenecks, scheduled and unscheduled maintenance and make suggestions for improvements. Provide customer support for information technologies utilized by the County. Resolve reported problems in an orderly and expedient manner. Plan activities to accomplish the \vorkload effectively. Analyze customer needs and formulate into requirements for the development of proposed information technology solutions. Plans, designs, and recommends solutions to address the customers requirements including; software, hardware, network communications/internet access, training and interfaces to other applications. Performs assigned duties under the general supervision ofthe Manager overseeing the Section Supervisor. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. May be called upon to lift objects greater than 30 pounds. Occasional walking and standing. Vision must be good enough to read instruction manuals. Must have good command of the English language and able to hear normal telephone conversations. Good hand/eye coordination. 'WORK HAZARDS: Use of computer equipment monitors which may have an effect on vision. SAFETY EQUIPMENT USED OR NEEDED: None. EDUCATION: Graduation from a four year accredited institution with a B.S. degree in.Computer Science or related field, or a two-year A.S. degree in Computer Science, MIS or related field. A comparable amount of training and/or experience may be substituted for the minimum educational qualifications based on two years experience for one year of education. EXPERIENCE: Two years of progressively responsible supervisory experience and information technologies, network/desktop support and administration. LICENSE, CERTIFICATION OR REGISTRATION: A valid Florida driver's license is required with a clean drivIng record. .' '--' ..."", JOB CODE 544 PAY GRADE 22 SALARY: $20.34 - $31.16 SENIOR NET\VORK/HARD\V ARE TECHNICIAN MAJOR FUNCTION: Technical work comprising of installation, preventative and corrective maintenance of computer related equipment. Provide guidance and direction to other technicians when needed. K1~OWLEDGE. ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORJ.'\'I THE ESSENTIAL JOB FUNCTIONS: Knowled2:e: Knowledge in the maintenance and repair of microcomputer, mini-computer, printers, terminals, and word processing equipment. Abilities: Ability to make responsible decisions on matters effecting the installation, relocation, maintenance and repair of computer equipment. Able to create written or oral procedures and instructions. Required to perform same duties as NetworkIHardware Technician. ESSENTIAL JOB FUNCTIONS: Competent use of test equipment, tools and new technical developments needed to maintain and service all computer related equipment. Assist all clients in the operation and maintenance of computer related equipment. Coordination of and provision of training for Network/Hardware Technicians. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Must be able to distinguish colors. Frequent bending, stretching or lifting of objects 30 pounds or more. 'WORK HAZARDS: Equipment which uses high electrical voltages. Extensive use of computer monitor or reference materials may affect vision. Occasional use of ladders. SAFETY EQUIPMENT: Lift belt. EDUCATION: Graduation from a four year accredited institution with a degree in electrical engineering or related field, or a comparable amount of training from an accredited technical, service, or manufacturers school. EXPERIENCE: Three years field experience in the construction, installation, maintenance and repair of networks, micro-computers, mini-computers, printers, monitors, and related equipment- Track-It System. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE. CERTIFICATION OR REGISTRATION: A valid Florida driver's license is required with a clean driving record. \w' ..., JOB CODE 552 PAY GRADE 20 SALARY: $18.29 - $28.39 NETWORKfHARÐ\V ARE TECHNICIAN l"IAJOR FUNCTION: Professional technical work comprising of installation, preventative and corrective maintenance of communications and computer related equipment coming under the jurisdiction ofInformation Technology. KNO\-VLEDGE. ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORJ.'\'I THE ESSENTIAL JOB FUNCTIONS: Knowledl!e: Knowledge in the maintenance and repair of microcomputer, mini-computer, printers, terminals, and word processing equipment. Good knowledge of networking and communications equipment using RS232 and RS422 interfaces. Abilities: Ability to make repairs and maintain effective working relationships with all County personnel. Ability to handle matters effecting the installation, relocation, maintenance and repair of computer equipment. ESSENTIAL JOB FUNCTIONS: Be proficient in the use of all test equipment, tools and new technical developments needed to maintain and service all communications and computer related equipment under maintenance by Information Technology. Provide any assistance required by all personnel of Information Technology, pursuant to resolving any problems they have in achieving their respective goals. Also, to assist personnel of all departments of St. Lucie County in the operation and maintenance of communications and computer related equipment. Performs related work as requested or assigned and at any location or hours. May be required to attend technical training on equipment manufacturers products as deemed necessary and at location where training is offered. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Frequent bending, stretching or lifting of objects 30 pounds or more. Occasional walking, standing or use of ladders in performance of duties. Vision must be good enough to enable the reading of trade magazines and manuals or computer generated instructions on a cathode ray tube. Must be able to hear normal telephone conversations. Good hand/eye coordination. WORK HAZARDS: Frequently involved in cleaning equipment in which toxic chemicals are used. Will work on equipment, which uses high electrical voltages. 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They have six (6) weeks of training and another 2 ~ to 3 months hands-on experience at the 911 Center before they are able to assume their full duties. Unfortunately, many trainees do not complete their first six (6) weeks or do complete it and fail while working in the 911 Center. Staff recommends creating two (2) new position of: Communications Operatorffrainee Level I Communications Operator/Trainee Level II Pay Grade 9 Pay Grade 11 Pay Grade 9 Pay Grade 11 Pay Grade 13 $10.04 - $15.16 $11.08 - $17.37 $12.13 - $18.49 New employees would be brought in at Trainee Level I, Pay Grade 9 at $10.04 @ hr. If they successfully complete their six (6) weeks of training, they will move to Level II, Pay Grade 11 at $11.08 @ hr. If they successfully complete all of their training, they will become Communications Officer I at $12.13 @ hr. 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Pat Clute - Re: RAD Officer Tom Christopher (Chris) From: To: Date: Subject: Jack Southard Pat Clute 1/21/20049:43 AM Re: RAD Officer Tom Christopher (Chris) Here is some information I was able to get on salaries Martin County 57,940 not starting but person in that position now Levy County 31,500 start Citrus County 40,000 start I think we should look at both increasing the starting salary also due to when Chris does retire in a couple years will be hard to find somebody to fill that position, Jack file:/ /C :\Documents%20and%20Settings\Administrator\Local %20Settings\ T emp\G W} 000... 1/21/2004 ....-~ ," ~ tJ)o ~o w~ ZM og tJ)N tJ)~ -<C :EW :E> 0...1 0<c >0 t-tJ) Z- ::)LL o~ 00 LLLL oZ cQ ~t- <c<C O~ a:1LL - >tJ) t-tJ) z<C ::)...1 0° UW W~ -Z °0 ::)- ...II::: otJ) t-O tJ)a. ... o - cu C c"C W ... I- g rno w_ :;) cu o .~ w C) C::~ .2 "C cu c:: ... o - cu C >"C ..J ... I- 0 Z 0 wo c::ïõ c:: .~ :;)C) o~ .2 "C cu c:: NLO 0)..... I'- 00 LO co N 00. 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'(3 0 CD ~ rn en 0E ::J +:: ,...: .- a. en -I rn ~ °EQ)en~'SQ17 >- 0 rn Q) Cf) a.- ã5UQ)O om ro Q) > "C -ci a..~ CJ)..crn.......~c:>. ~ 0 W .- L' o~ .9 en ro ~ 0 ~ -a.Q)c Omen .g ::J +:: .- 0 o. en ..... o.._c"Eoo_rn ~::Jo~oc~ Q)C)OOUNQ) ~::JUUCf).....t:v -OQ) Q)::J~ "C.....enOQ»u_ c..cQ)«£;°en~ ca Q) ~ c::: "C ~ -..... a. - ..c I- .... :t:: Q) ~ ......~~Q) .2> ~ cD èi5 rn Q) a. ~ -Irno~~ 0- rn.....a.cro-..... oðencoQ)::JÆQ ..... Oêi)Eu.c>- Q) .en ~ .- Q) rn U _ ~..... .cu> c: o.9"CU.....Q)...;::J o..rnc: 0000::::0 crnen-_..:::u ca .- Q) C "C "E ai -¡:: L1J ð ~ Q) .¡:: 0 "C rn ~ +:: ~ '(3 o 0 rn ~ rn rn .2> ::J u..UOU-IC-l-l -r ~ §5 ~~;~ ~..J ¡:i;;:j \,~, \~t! ~,III ~ i ¡'ri Co '..:- ul '2 ij.~\ -« .I ~ J :; '?'~~ o o N I o o o N ..... It') . o I"- It') ~ o (Ø ..... :it I- Z :;) o CJ o <C :it o w c:: rn rn <C ..J CJ W c:: .....,¡ PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 04-056 FROM: Patricia CI ute Employee & Labor Relations Manager Leo J. Cordeiro d Solid Waste Manager ~' TO: DATE: April 14, 2004 RE: Position Reclassification This is to request one position reclassification within the Solid Waste Division. The reclassification is for Debra Scribner reclassifying her from a Senior Accounting Clerk to a Fiscal Coordinator, pay grade 16, job code of 577. On this reclassification we are requesting a 10% at the time of the reclassification and an additional 5% at the end of a six months evaluation period. The Position Reclassification form is attached for your review. Please call if you have any questions. LJC:dls c: Don West, Public Works Director Ir~ !T7(¡~r é "li\V/ï:~_': ,:1 lot 0 Lho. , en~ I:k::o w~ ZM 00 _ 0 enN enl:k:: -< :EW :E>- O..J U< >-U ~en Z- ::>LL. Ol:k:: uO LL.LL. 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Q) (/J -0 (/J Ci: c: æ 5 Ci: .... ã) u:g c: - en ._ 0 -0 o en ::::J -Q)..Q Q) J::. (/J ::::J ...... Q) -OJ::.êU .~ Õ c: -..Q-e (/J 0 0 Q) ...... 0 ::::J >. U 0-.... Q) Ci: -0 .... - c: c: ~ Ci: .Q á3 (/J êUen§ .~ Q) :;:: ~ > u (/J'- c: (/J ...... ::::J Ci:~- ÜÛ)Q) Q) .- U .... .S i: .~ E 0 J::.-O- f-~ro o o C"') I o o o N '"'" U1 I o '"'" "<t '? '"'" o v :it f- Z ::J o U CJ < I "<t o U a::: ~ o w IX: (I) (I) < -I C,) w IX: , ., ~ Page 10f2 """ Raymond Wazny - Title From: To: Date: Subject: Jon Ward Wazny , Raymond 11/25/2003 5:51 PM Title ¡ Hi, Ray; Per your request: I was hired 12/9/02 as Executive Director of the Cultural Affairs Council to handle a very narrow spectrum of responsibility, overseeing the Local Arts Agency and the Art in Public Places program. The salary was reflective of management's view of the job's limited focus. Because of an aggressive approach to building a broad-based cultural program for the County, my responsibilities increased immediately and exponentially. I developed a five year plan for facilities development and rehabilitation that was endorsed by the BOCC and led to my being named Administrator of our museum assets. I brought cultural diversity to the forefront of the County's programs with our first Zora Neale Hurston celebration, hailed by Katherine Hensley as "the most diverse cultural activity she had ever witnessed in St. Lucie County." The Zora Neale Hurston heritage trail, a partnership I engineered with the City of Ft. Pierce, will be installed this month. The restoration of Highwayman painter Alfred Hair's grave and resulting cultural tourism will begin next month, another partnership with the City. The new exterior boatbuilding exhibit, sidewalk and relocated LOIP will be installed in the next few months at the Historical Museum. The County installed our first piece of public art and will continue a much more aggressive program next year. Development has been a strength with the planning of the new Post Office museum, a complete restructuring of the existing Historical Museum, forging powerful bonds with the UDT-SEAL organization and fundamentally effecting design guidance for their new $10 million dollar facility and the initial concept discussions with the Sailing Hall of Fame and representing the County's interests in the FP Courthouse planning. I am in the process of rebuilding the Historic Commission and spearheading the passage of a Historic Preservation Ordinance by the BOCC. I think I've been a consensus builder, developing strong partnerships with Ft. Pierce and a growing relationship with PSL. I may be the County's most visible staffer, as local radio and print media highlight my programs regularly. I hope I've contributed to our professional image. Comm. Barnes refers to me as the "best speaker in the County." Other than the Art in Public Places program that I administer, none of the above activities have anything to do with the Cultural Affairs Council, an advisory board that has no production interests or capability. Mine are strictly County staff programs. I feel that I've built a strong constituency with my fellow County departments, notably Library, Parks and Rec and the grantwriters. Together, we've been able to accomplish great things and work almost seamlessly under your and Doug's guidance. Although I have not created every project I've been involved with in this first year, I feel confident in saying that they have benefitted positively from my involvement and administration. Having said the above, my title is inappropriate, as it in no way describes my job responsibilities. In fact, my job bears no resemblance to the limited position I was hired to do. Looking forward, I'd like to request that you consider creating a new job description for me bearing the title of Director of Cultural Affairs, with an appropriate salary rate that reflects the responsibility and level of creative and administrative expertise that I bring to the table and the value it creates for our County. Now that I have full financial and administrative responsibilities for the museums and a staff of 10 FTE's plus volunteers and specialists, it seems appropriate to also consider some sort of formalized departmental organization, as Finance and other departments seem to be confused with how my issues should be dealt with. I know you eX'perienced some BOCC reluctance to do this earlier on, but after the year that we've hammered out for this County, with lots file:/ /C :\Documents%20and%20Settings\Administrator\Local %20Settings\ T emp\GW} 000... 12/3/2003 .- , , "" Page 2 of2 ....., of press and results, r can't believe that you won't get consensus on this issue. r appreciate your time and careful consideration of this issue and I'd like to thank both you and Doug for the support that you've give me to allow me to accomplish this good work. Jon Ward (fill in title here). . . r had three different ones in this weekend's paper, alone. file:/IC :\Doc urnents%20and%2 OSettings\Administrator\Loc al %2 OS ettings\ Temp \G W} 000... 12/3/2003 " '-w . . ..., " (.. -iCDen""C""C (.. ""C 0 0 m c Om»> 0 0 <: m (') (J) -izr--<-< CD en ëñ ""C r- -i >m>enc;') (') ~ > > :!! r-:!!~(')" 0 Õ Õ " en (') CD -i .. > > 0 Z -i en ~ cen r-o m z 3: " 0" m -i m m c;') .. m ~ z 0 .. 0 z m r- ;-:I :;t .. -i m ;0 ('") ('") () c £. 0 2' 2' .þ. , -. -. 0 m ~ ~ .þ. :Þ :Þ "tJen co ~ )C e,.¡ "' (') - - - - .'" g C QJ QJ O-f :;. :;. ~ :::" en en en· co < " .þ. - ï U1 "' m -I 0 OZ - C -. -i 0 I .., r- (") ~ ~ -< Z en ... - 0 0 m ~~~- .., ;U en~.þ.CO (") .þ.COU1N m . _ . N ~ co N' '" 0 O.þ.U1~N ~ (") ~e,.¡CO 0 '" C - - ï » Z ~ en ~ U1 m N ~ " en <.0 - ~ n m " m ~ 5.0 - 0 N o C (") co .., m » I oen ~ ~ ::;. -i ::c co "' m ~~~_U1 !lo - C ~NU1U1 0 0 e,.¡ON.þ. .., Z 0 w -.þ. <.0 ~ m '" NO~OX -" ." e,.¡en~e,.¡-" '" " - 0 (") ;U 0 CD " C c 0 - Z Q ;:c en -f m m (") -i (') -< 0 :Þ > 3: > 3: (") (') \J \J 3: ï 0 (') > ""C 0 (') " m -< ~~~ z 3: c "'~~ -i 0 0 m z N ü,"cn < m :Þ 3: -i NenU1 m 0 ~ Ne,.¡", ~ ::c - .:....:.. en 0 0 x N en -" I ':( :( 0 - ~ 0 0 e,.¡ m m -" en en (..) Z 0 I ~ - I m U1 N -" ::c N 0 0 - - 0 en 0 0 z z .þ. I 0 0 ~ 0 {;·;);'I-i{::-i - ~ 0 ~ ~ m m < < (J) (J) m m 0 0 .........--- ~ ~. - , . ....., ST. LUCIE COUNTY Y$u!tUl)tCtI cPt/ßfÁt4 COUNCIL """" (j!oUY rj(J¡'udO{() to II/e cæ¡·/J.c¡gomllwlIl'ty \ GO St. Lucie County Administration 2300 Virginia Ave. Ft. Pierce, FL 34982 Attn: Douglas Anderson, County Administrator ~. ~ -r \b~ ,¡l'" \~ 'vii r' ~o \ t,-V'ì , ,c...'7 "\ ') Re: 2003 Executive Director's Evaluation M'oJ 'if' Dear Mr. Anderson; C - I ~'" I\¡ The St. Lucie County Cultural Affairs Council has had a banner year in 2003 and the directorship of Jon ~ r' ,} Ward is clearly a major element in its success. The CAC Board of Directors feels that Jon Ward has done (\ ~r ¡I an outstanding job. Jon is an innovator, motivator, an excellent communicator and a super ambassador. V·~ _~f J He also introduced multicultural diversity as a watchword. lro""/ ~,' With his leadership. the citizens of St. Lucie County enjoyed these CAC-sponsored events during 2003: ~ 1. Installation of the Zora Neale Hurston Dust Tracks Heritage Trail and first ZoraFest celebration 2. Highwayman Alfred Hair's grave site restoration and his selection for the FL Artists Hall of Fame 3. The "Net Loss" traveling theatrical perfonnance featuring CAC Board Member Phil Steel's paintings 4. The inaugural San Juan Festival in Port St. Lucie 5. Installation of "The Monumental Sailfish" sculpture - first Art in Public Places Ordinance project 6. The Ferdie Pacheco appearance and book signing/giveaway for FP/PSL Police Athletic League kids 7. The ongoing annual CAC Mini Grant Program, benefiting many cultural non-profits 8. The commission of "The Partnership", the first Art in Public Places commissioned sculpture 9. Publication of Arts View, possibly the finest publication ever produced by the County, for AIPP. January 13, 2004 Jon was instrumental to all of these projects plus he served as administrator of County museums, for which he developed the groundwork for exciting future programs that will benefit all County residents. The CAC Board of Directors wholeheartedly applauds Jon's first year as the County's Cultural Affairs Executive and looks forward to supporti.ng his \vide-ranging efforts in 2004. Sincerely, . Ed~~:^ gll~w- Chairperson ES/vrn r·-\ I-=-~~' - . . "V; \. . !.:, r===-..~'~-:":':'-;":-':"-~~ --~ï:: 1\ .f~~N 2 Û 20_~JU .....""'1'0 ~t.OUACE~ 5' L¡;C:E C~uNiV. FLOilIO'" ..~~.~ -7=]~~~rL (~~--~~~[=-r~~1 ~ i r ;; I cc: Board of County Commissioners : JAN I 5 ~"~' <J¡ :..--------.--- --___1 , ._._._:.~~~' "', 0=.="-::: I .J 600 NORTH INDIAN RIVER DRIVE · FORT PIERCE, FLORIDA 34950 · 561.462.1767 · FAX 561.462.1769 '-' ..., ."~ ". .'., ..: - ~' . *. . ~ , ''I. . · 81. L~ci~ County Utilities Department 2300 Virginia Avenue Fort Pierce, FL. 34982 (772) 462-1150 Fax: (772) 462-1153 MEMORANDUM To: Douglas M. Anderson, County Administrator From: P.M.B'ìwers, Interim Utilities Directorµ i Date: January)9,2004 Re: Utility Personnel Reclassification for J. 'Wayne Davis Mr. Davis is currently classified as a Utility field Services Coordinator at a paygrade 13. In conversation with Mr. Blazak, it was recommended that Mr. Davis be reclassified to a Project Manager position to better reflect his job duties and responsibilities. Mr. Davis's hourly pay plus overtime is equal to the starting range of the Project Manager position ~21) and he is performing the job duties of a Project Manager as well. pC'-'j ")~& Attached is a brief description of his current job duties. As you can see, his current duties far exceed his current pay classification. I concur with Mr. Blazak and recommend Mr. Davis's position be reclassified to Project Manager, paygrade 21. !" ß:(C;rnn 0.'7 :·i.i .ilL JAN 1 2 ZOOl~ --:-~L-~,~,~." R='5~~~CES ST LUCIE CCL:NTY, FLO~laA ;.~::7;;o·\ I~ CO. A·ÔMIN. OFFICE '-' """'" UTILITY FIELD SERVICE COORDINATOR General Duties: Daily: Assist in the planning and the day to day activities of the department. Review work orders and status of same. Review correspondence. Review operations of the North District water and wastewater plants and confer with contract operations personnel. Check-deposit drop box. Oversee operations of the North Hutchinson Island wastewater plant, along with the reuse distribution system. Confer with contract operations personnel. Check deposit drop box. Oversee operations of the South Hutchinson Island wastewater plant, along with the reuse distribution system. Confer with contract operations personnel. Monitor all emergency after hours calls. Weekly: Oversee operations of the H.E.W. water and wastewater plants. Oversee operations of the Fairwinds wastewater plant. As Needed: 'Work with project engineers obtaining field infonnation for specific projects. Review development and construction plans. Oversee and inspect development construction. Oversee and inspect utilities construction contracts. 24 hour emergency on-call. Manage projects. Manage plant operations. '-' ""'" JOB CODE 518 PAY GRADE 21 SALARY: $39,395.20 - $62,212.80 PROJECT MANAGER MAJOR FUNCTION: Project Manager is responsible for the administration, management, directing and coordinating both Capital Projects and Improvements. Develop required specifications and contracts to accomplish specific projects. KNOWLEDGE, ABILITIES, and SKILLS NEEDED TO PERFORM JOB FUNCTION: Knowledge: Knowledge of modern techniques, methods, practices and procedures of Capital Projects. Knowledge of the practices and procedures used in the planning, development and construction of projects. Abilities: Ability to write job specifications and contracts to accomplish special projects. Abttity to establish and maintain effective working relationships with consultants, the general public, employees and officials. Ability to express oneself clearly and concisely, orally and in writing. Ability to supeNise, coordinate, review and evaluate all phases of capital projects. Ability to apply and understand some of the principles, methods and techniques of a limited range of architectural and engineering systems. ESSENTIAL JOB FUNCTION: Act as a Project Manager on a variety of projects. Direct all phases of project construction. Acts as Liaison/Project Manager between field operations, various County Departments, and outside contractors. Coordinates construction management activities and advises departments on various projects. Keep appraised of new developments. Responsible for keeping contract and specification documents up to date. Responsible for the coordination of various regulatory and permitting requirements. Attends Board of County Commission Meetings when required. ESSENTIAL PHYSICAL SKILLS: Occasional walking and standing. Ability to communicate concisely orally and in writing. . ENVIRONMENTAL CONDITION REQUIREMENTS: Work inside an office for long periods and in the field with dust, heat and physically dangerous areas during construction operations. ENVIRONMENTAL WORK HAZARDS: Working in areas while construction operations are occurring. EDUCATION: Four year degree from an accredited college or university in Public Administration, Contract Management, Project Management or related field. A comparable amount of training or experience may be substituted for the minimum qualifications. EXPERIENCE: Candidate must possess a sound background in facilities construction, repair, maintenance and management. Needs to possess a thorough knowledge of County operations, periodic inspections and budgeting. Computer experience with speadsheets and word processing is required; experience with Wordperfect and Quattro Pro is preferred. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION, OR REGISTRATION: Florida drivers' license and a good driving record are required. '-" . ;tJ m .lP > CJ) CJ) ;tJ m o ~ > () () o c Z -I ;t: en en CD <C m "Q :5" :::; ëD 3 CD()~Q)"O Q) CD :=: Ctr 0 g.TI<""-< ::T' C1) CD Q) C1) CD C"' () 3 C1) CD2~o::r éñ Q) () C Q)en ~..., ;JI\' :J ::; '<; en - Q) Q) 0 ..., 0 en () ..., ... ..., en ;JI\'N:J::!,!C S' 0 c.. :J 3 <C 0 C"' Q) C1) WQ):Jc.. o~ -() ..., Q) Q) r. g: :J ã)' c.. ioU -. () ..., c.. ~ en CD C1) -. :J "0 en en :=: éñg~-gg Q);::;:en:J~ :J õ' CD ~........ c..:J 3 Q:g. ()~Q)-<"" o "':J CD :Jenc..::T'en - C"' Q)"o ~CDÔeno $l C1) _. C"' ~ en :J :J C1) -. 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C,¡J 0) , ~ N N (:) --..J CJ1 ..... --¡ 0) --¡ ìJ o cn ~ Õ Z -I ~ r m ~C') . c: >::u n ::u !lm . z Q-I (Q r ;.~ ." ~ ::u 1:11 m -0 C1c o m Q cn a.-I :; m 1:11 0 - o .., ...", 00 -m =5'iJ SQ> 0::U ~~ m z -I ::ÞC a.::: 3 - S' æ' §:CJI .., ga, õ' :J OJ C o G) m -I s: iJ > C') -I ::u m C') o >s: ìJs: ìJm ::Uz 00 <m mo 0.. ~~ mm cnCJ) zz 00 ::0::0 mm « üHñ mm 00 '"'Cen 0-4 en· -ï ::iC 0(") 2- ;em m(") (")0 ïC :Þ2 en-4 en-< ::¡;CJ -0 ("):Þ ~;e -0 ~O "TI"TI 0(") ;eO "TIC -z en-4 (")-< :Þ(") ïO -<š mš :Þ_ :;:Uen ",en 0- 00 wz 1m ~:;:u oen .þ. '-' BOARD OF COUNTY COMMISSIONERS MEMORA.NDillvf TO: Douglas M. Anderson, County Administrator FROM: Vlilliarn Blazak, Utility Director DATE: August 5,2003 RE: Utility Personnel - Reorganization - Kaye Merritt ""'" UTILITIES & RECYCLING DEPARTMENT WILLlMiI OLÞ2t..K D/8.EG08. I! l ¡;7 /' . ~ \ô 0 //1' S b 1 ~ V ( ~J I J~ L I, . ¡ð If I. {;, . 'J't. vi ( /_V' AlP 0 r~ 12 í ~IJ rr r },," r" /'v) ~~ p /fJ ,.,//1''; . ¡S" '{, ,ç I ~'I;-O'Qyr c " (2) Over the past few months the utility department has reorganized our internal procedures and reassigned various responsibilities to achieve a positive system of checks and balances. Prior to the events earlier this year the utility manager was responsib le for a significant amount of the fiscal responsibilities within the department In February of this year the fiscal responsibilities were divided among several persons to assure that proper allocations and coding occured within the department and our multiple enterprise funds. Kaye Merritt has been coordinating the fiscal activities with the utility staff, finance, management & budget, purchasing, all of our vendors, engineers, consultants and contractors since February 2003. I have attached ajob description, Fiscat Coordinator, that accurately describes the work load the Ms. Merritt is currently performing. I would appreciate your consideration to reclassify Ms. Merritt consid~ring the excellent job she has done to date. In addition, the utility department recently acquired the newly fonned Airport District to manage as well as our major capital program that will initiate in the next few weeks. Ms. Merritt's current position is that of Sr. Accounting Clerk which is currently a paygrade 12. Ms. Merritt has been employed by the County since March of2000 and in October 2003 will have been with utitities for two years. I have also attached a recent e-mail from Severn-Trent' s Corporate ofñce praising Ms. Merritt's efforts. 8 ~ , ~.ŒOW~ ~: ¡"( "I; \~ AUG 0 5 2003 J\ , F~ N .. Hu-r~INSON ..CO.J}\DMLN_.- 9~,~~Cu~icr No.5 . DOUG (C1w...r\D. Dlsrricr No 2 . PAULA A. L~WIS. Disrncr No...; . , "A N,:, I ~,' . UI' ~_", U~ ~. JOHN D. OI\UHN. D,srr;cr No 1 _ (:::Junry Aomlnisrrar:::Jr . D:::Juçlcs M. An:::Je'son '-' ..""" JOB CODE 577 PAY GRADE 16 SALARY: $28,995.20 - $44,574.40 FISCAL COORDINATOR MAJOR FUNCTION: This is advance level technical work in specialized accounting work in compiling, maintaining and verifying diverse statistical, fiscal and bookkeeping records and accounts related to grants, public agency operating and capital budgets. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Though knowledge of accounting and expenditure contra! systems. Requires a good working knowledge of County budget and purchasing policies and procedures. Also requires a good working knowledge of computer spreadsheet and word processing programs, as applied to the accounting' system. Abilities: Able to communicate and establish effective working relationships with co- workers, departmental staff, superiors and general public, both verbally and in writing. Ability to interpret and comply with complex grant procedural and regulatory requirements. Ability to maintain accurate accounts and to plan, organize and prepare complex analysis, reports and financial documents in a timely manner. Ability to establish effective and informative reporting formats of standard ac:counts. Ability to exercise independent judgement in solving most problems that arise with limited supervisor input. Must be familiar with PC computers with experience in Corel Spreadsheet and Word Processing programs. ESSENTIAL JOB FUNCTION: Sets up and maintains financial and budgetary accounts relating to the administration of grants, agency operating and capital budgets; enters data related to financial and budget accounts; obtains data and prepares reports on budget and financial matters as assigned; processes transactions related to financial and budgetary accounts; assists in preparation, review and implementation of grant, agency operating and capital budgets. Performs complex bookkeeping and accounting functions with some supervision and instruction. Conducts pre-audit review of the records by examining, verifying and reviewing accounts, invoices, bills, purchase orders and work orders. Assures each item covered in the pre-audit is properly coded for payment for various accounts and budget line items. Prepares requisitions, purchase orders and invoices for payment, opens confidential budget mail, verifies amounts due vendors, rectifies receipts with invoices, assures proper payment amount is due and is paid in a timely manner. Maintains cash receipts, petty cash and statements. Responsible to post revenues as well as receivable in the correct budget account code for future reporting. Must keep accounts, including control and subsidiary ledgers, that cover varied financial transactions. Must keep account of work order labor reports. Responsible for the preparations of the budgets and produces budget reports, analysis and evaluation of deviations from budget line expenditures. Prepares and maintains capital project status reports. Attends meetings with other departments and justifies all records and ledgers entries for accuracy. Performs other 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, good hearing. Must be able to sit for extended periods. Occasional walking and frequent. standing. Ability to lift occasionally 30 pounds. ENVIRONMENTAL CONDITION REQUIREMENTS: Constant work inside and air conditioned office in a sedentary posture. '-' """" WORK HÃZARDS: Possible vision dysfunction due to heavy computer work. EDUCATION: Must have a high school diploma with some post high school advanced course in modern accounting practices supplemented by courses in typing and computers. EXPERIENCE: Four (4) years of progressive and responsible experience in the accounting and financial field with at least one (1) year of which must be maintaining a "double entry" accounting system is preferred. A comparable amount of training and experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Must also possess a valid Florida driver's license. 3 iII.B I ~Z:~~ ":=Ka.Y~_/I¡~~.~.ilt -~ -~ ~._'-~~ ~ "..- :,=~~= . ~~.~.:=~~-~~~ =~~~-~._~ .~--_.= - -:.' .~. - " .~~~.~g~) I' From: To: Date: Subject: "Candy Carlson" <candyc55@comcast.net> <blazakb@co.st-Iucie,fl.us> 7/28/03 9:46AM Kaye Merritt Dear Bill, Just a note to tell you what a joy it has been working with Kaye. She has shown to be diligent, efficient and timely paying the invoices from Severn Trent. Kaye doesn't hesitate to go the extra mile to address any billing issues and taking the steps necessary to get any problems corrected. Thanks to Kaye, we are all going to enjoy a very smooth STL year end. Sincerely, Candy Carlson cc: <walshenv@aol.com> ./ ~ ;0 m C1 1 » en en ;0 m C :;t: » C1 C1 o c Z -I :;t: ""ro3m ~.QOJ3 "Cc::J"C o~OJo ::JCI'Ico,< CI'I - ro ro Q:~3ro CD ::T g:~a.OJ en OJ" en a-2:IOJ ro ::J -. CI'I _CO CI'I en CD "C () C ..., OJ C 3 0. '< =: CD ro 0 CD 0. ~-.,::JOJ ::J - ro -g 0. §: ::T '< ~ a: u)" CQ ro" 0 () OJ en ::J C o.-.,OJ ...,roOJ'=: ëD N ..., 0 ::J......CDa- _ - x..., 0.-0£ CD c""ro{g g~. 0. 0 en () ::T ::J ~ ~~: §: o.OJO= ::Ja-=: ëD OJ () ro "C (Q - en en ro OJ 0. o :-' ~ C ::J =+; ro en ...... -. -" ~ () õ S!. en ~ _. = 0 -. ::J =: - 0 () ro - ::J ..., en::T CD ro -1 OJ -o::TCI'I ..., CD ro .Q. ::T ::5" CD 0 () ~ s:¡ C ~'< ~ OJ "C 0 ::J OJ 3 OJ '< CD CO"C"" CD-a- ..., C OJ 0. en -~. ~:T~ ro" CD OJ CI'I OJ ::J <-;:;1? OJ < 0. ~~ CO ro o < ro ::1: 3 CD c.. c en -I "TI C1 ~ Õ z -ICJenï:Jï:Jc.. Om»»»O -IZI~~CJ »m~enG)C1 I:!!~(');:CO CJ-Ioo»»O cen ï....m .... oo m ..... .... moo G') .. m -I ~~~ Q') ...... .þ. OCON 'Q)NloJ ......U'IU'I 0......(0 ~~~ Q').......þ. wCO.þ. :""'Q)).. Q')CO~ .......þ.~ ~ ~ .N~.N U'I.þ..... U'lw...... ONCO ~ .... N .... W I ~ .... co .þ. (0 ~ ....N W(O ~ .þ. o U'I ~ ~ I ~ en .þ. a ~ (0 U'I N...... ....CO ï:J o en ~ Õ Z -I ~ ï f1:1 C ::: !1C1 <0 C ë:;o en;O <0 m < Z . -I (')" o -< o ~ p.. ï:J a ;0 '-·m ~ C -c 3:m D) en ;::, -I D) m ~o ~ o -m ::5ï:J en» -;0 ~-I .. 3: m Z -I :ÞC a.::: 3 :=: :5" as" §:CII ..., 9t õ' ;::, !D C o G') m -I s: "'C » (') -I ;0 m (') o »s: "'Cs: "'Cm ;oz 00 <m mo 0.. -<~ mm en en zz 00 ;0;0 mm « en en mm 00 "CJ) 0-i en· -ï ::!c: On z- ;em mn nO ïC: :þZ en-i en-< =ñm -0 n:þ ~;c -0 ~O -n-n on ;cO -nC: -z CJ)-i n-< :Þn ïO -<s ms >- ;oCJ) NCJ) 0- 00 wz 1m ~;c oCJ) .þ.. - ~ Received: 1/ 8/04 2:.~PM; '-" ID: -> ST LUCIE CO HUMAN R~SOURCES' Page 2 JAN 08'04 ~49 No~002 P.02 MEMORANDUM ST. LUCIE COUNTY LffiRARY DATE: Pat Clute, Employee and Labor Relations Manager Susan Kilmer, Library Director ft~d.lt.) ¿'I3)'¡¿-t) January 8, 2004 TO: FROM: SUBJECT: Position Reclassifications ........................................................................ The Library has the following position reclassifications to offer for consideration during this review period: Librarian llIlExtension Services Coordinator to Librarian I V Æxtension Services Coordinator Library Associate IIIHurston Branch to Library Technical Associate I/Hurston Branch Library Associate I/Circulation/Lakewood Park to Office Assistant I/CircuJanon Librmy Associate I/Bookmobile to Library Associate IIIBookmobile Library Associate 1/Reference DeptIFt. Pierce Branch to Office Assistant I/Reference Dept. Office Assistant I/Acquisitions Dept. to Office Assistant II/Acquisitions Dept. Office Assistant II/Acquisitions Dept. to Office Assistant IlV Acquisitions Dept. Maintenance Technician I to Maintenance Technician fir Part~time Library Page (24 hours per week) to Full-time Library Page (40 hours per week) at Port St. Lucie Branch Library _~....n ~ ~ -tI..WI ......................41.';- ___..I".=-:M._:;I.llTJP.:"'~~_:.- ~~.1.1:1"~ ~..II=- :.:.II..=....,..:.r. 01/08/2004 15:24 ~2202887 EMI ..J PAGE 01 ~ \'J ~ ~ ~ g v V '<t ¿ '<t ~ V V -;t "<J' V "<J' § "<J' ~ V ~ ~ v ~ "" v It) It) ~ ~ ~ <:I 52 52 52 52 52 0 ~ 0 ~ ~ ~ 52 52 52 0 <:I ~ 0 q,) ã5 (C -- -- -.. -- õ -- - .r::: Q) (D OJ N 0 "<J' ex! .- It) en ~ Ll) IJ) N (D -.;' .- In ::¡ N § N ~ ~ 0 ..... e .- C"') - ~ .- ~ 52 N 52 ~ ~ - 0 ..- N ..- ~ ,.... ~ ~ ~ cuo Ñ -- M -- ~ -. Ìì5 (C ~ èì Q Õ Q -. N ..- N C"') ~ ~ (D ,... co ..... ..... ..- .,.... E .... 0 <:I 0 0 0 0 0 c::J 0 0 0 0 0 0 0 0 0 ..- ..... ..... .,.... ... 0 0 t= "" ~ "" ~ g ~ g ~ -.;' ~ ~ ~ ~ ~ ~ "" ~ g "" ~ v ~ ~ '<t ~ V ~ It) 10 Qj 0 0 0 0 0 0 0 ~ 0 "'- "'- "'- "'- ..... 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(I) III ... .¡.,¡t: -') Ø)N ~ co _.....co NI.O..... co co CD öC"i~ N_C") tß- tß- tß- Q) CI o ftS wQ. ...~ tnftS W ... ::):9 0...1 w~ 0::: ftS Q) :J: co C") ci - tß- ;. ~..' ..... CD ~ ;:(' ~& ... ftS zQ. w~ O::ftS 0::: ... ::):E! O..J - co en tß- o C") ~ ü.i ..J ... ~ Z o ~ ëñ o 0. ..."I o o ..... e) o o N - 1.0 I o - - ..... I - o o :it ... z ::) o o o < Ø) o I ~ o o N :it o W 0::: (I) 5 o W 0::: '-' ...., MEMORANDUM ST. LUCIE COUNTY LffiRARY FROM: Pat Clute, Employee and Labor Relations Manager Susan Kilmer, Library Director )/Á-CÚt.IL/ .¡ç!¿~:¿,t) TO: DATE: January 8, 2004 SUBJECT: Position Reclassifications ************************************************************************ The Library has the following position reclassifications to offer for consideration during this review period: Librarian llI/Extension Services Coordinator to Librarian N Æxtension Services Coordinator Library Associate II/Hurston Branch to Library Technical Associate I/Hurston Branch Library Associate I!Circulation/Lakewood Park to Office Assistant I!Circulation Library Associate I/Bookmobile to Library Associate IIIBookmobile Library Associate I/Reference Dept/Ft. Pierce Branch to Office Assistant I/Reference Dept. Office Assistant I! Acquisitions Dept. to Office Assistant II! Acquisitions Dept. Office Assistant II! Acquisitions Dept. to Office Assistant III! Acquisitions Dept. Maintenance Technician I to Maintenance Technician III Part-time Library Page (24 hours per week) to Full-time Library Page (40 hours per week) at Port St. Lucie Branch Library ~ ---- -,."-- .. :,__.. .--,::,;:...:=.::'3 '-' ...." 2004 Library Reclassification Requests Librarian llIIExtension Services Coordinator Pay grade 17 Job code 862 Salary - $30,971.20 - $49,400.00 Recommendation: Librarian IV/Extension Services Coordinator Pay grade 19 Job code Salary - $35,651.20 - $56,160.00 Library Associate II/Hurston Branch Pay grade 7 Job code 856 Salary - $8.79 - $13.52 Recommendation: Library Technical Associate I/Hurston Branch Pay grade 8 Job code 852 Salary $9.41 - $14.57 Library Associate I/Circulation/Lakewood Park Branch Pay grade 5 Job code 854 Salary - $7.85 - $11.60 Recommendation: Office Assistant I/Circulation/Lakewood Park Branch Pay grade 6 Job code 722 Salary - $8.28 - $12.81 Library Associate I/Bookmobile Pay grade 5 Job code 854 Salary - $7.85 - $11.60 Recommendation: Library Associate II/Bookmobile Pay grade 7 Job code 856 Salary - $8.79 - $13.52 Library Associate I/Reference Dept./Ft. Pierce Branch Pay grade 5 Job code 854 Salary - $7.85 - $11.60 Recommendation: Office Assistant I/Reference DeptlFt. Pierce Branch Pay grade 6 Job code 722 Salary - $8.28 - $12.81 '-' ....., Maintenance Technician I Pay grade 4 Job code 814 Salary - $7.36 - $11.09 Recommendation: Maintenance Technician III Pay grade 7 Job code 818 Salary - $8.79 - $13.52 Office Assistant II Acquisitions Dept. Pay grade 6 Job code 722 Salary - $8.28 - $12.81 Recommendation: Office Assistant IV Acquisitions Dept. Pay grade 8 Job code 712 Sahuy - $9.41 - $14.57 Office Assistant III Acquisitions Dept. Pay grade 8 Job code 712 Salary - $9.41 - $14.57 Recommendation: Office Assistant III! Acquisitions Dept. Pay grade 10 Job code 714 Salary - $10.31 - $15.50 '-' ...., UPGRADE: LIBRARIAN III to LIBRARIAN IV for EXTENSIONS SERVICES COORINA TOR The other existing Librarian III positions do not encompass the magnitude of responsibilities that are part of the Extension Services Coordinator's normal routine. Since the position was first created, additional Branch Libraries have already been added to the Library System. At least three more Branches are projected in the foreseeable future. During the last vacancy, it took a number of years to find a highly qualified candidate willing to take on this role. It was then necessary to negotiate salary to secure that person for employment. At present the St. Lucie County Library System has only two levels of professional librarian positions (II and III) before reaching Library Director and Assistant Library Director. Martin County Library System has four levels of professional positions (I-IV). Palm Beach County Library System has at least seven. Pay grade levels should be available to reflect the responsibility of the specific position. A glance at the Library System's organizational chart shows dramatically the difference between the current Librarian III for Extension Services and those in Acquisitions, Reference Services and Public Services. 4 ·ìr-r J ,..-, . i /~~). C /~ Edward K. Werner Assistant Library Director January 8, 2004 \w; ....., Job Description: Librarian IV/Extension Services Coordinator DESCRIPTION OF WORK General Statement of Duties: The work is on a professional and supervisory level with primary emphasis on the application of library technology, supervision, planning and development. Duties include overall supervision and coordination of the all Branch Libraries and services of the Extension Services Division as well as management of a specific Branch Library when necessary. Supervision Received: Works under the general supervis ion of Library Director and Assistant Library Director. Supervision Exercised: Exercises immediate supervision over all Library System Branch Library supervisors and indirectly their support staff. Examples of Duties: · Plans, develops and implements immediate, intermediate and long-term extension services programs for the Library System. · Coordinates personnel schedules for all service units within the Extension Services Division, rotating staff when necessary to meet patron and service needs. · Prepares budgetary proposals and documentation for the Extension Services Division. · Trains, supervises and and all personnel at a management, including service training, etc. evaluates Branch Library supervisors specific Branch Library under direct orientation, initial training, in- · Plans, develops and coordinates all community service programs. · Selects all print and non-print materials for -a specific Branch Library under direct management. · Conducts personnel interviews and recommends candidates for employment as Branch Library supervisors and personnel for a specific Branch Library under direct management. '-' ...., · Prepares statistical and operational reports. · May prepare Bookmobile schedules. · Coordinates collection development activities for both print and non-print materials for all service units within the Extension Services Division. · Other related library tasks. Minimum qualification: . Required Knowledge, Skills and Abilities: Thorough knowledge of management and planning principles and techniques; thorough knowledge of professional and other selection tools; thorough knowledge of personnel management principles and techniques; thorough knowledge of library service principles and practices; knowledge of reference tools; working knowledge of library technologies as applied to extension services; ability to prepare budgetary proposals; ability to prepare grant proposals; ability to communicate effectively both orally and in written form; ability to train and supervise personnel; ability to establish working relationships; excellent computer skills. . Education: Master's degree in Library/Information Science from an ALA accredited Library School. . Experience: Fi ve (5) years work experience in branch or extension services, preferably in a public library. Three (3) years must be in a responsible supervisory role in library management. ST. LUCIE COUNTY LlBHARY SYSTEM OHGANIZATlON CHART FY 2003/2004 November 17, 2003 LIBRARY ADVISORY BOARD EXEC. SEC. VIVIAN LANG Mainl.Tcch. I Gary Beidler Maint.Tcch. I Tim Bridges PIT EXTENSION SERVICES DIVISION LIB. III SUSAN JACOB MORNINGSIUE DRANC" LIB 11 VACANT (Posted) lib. II Vaclnl prr (To Be PÐsled) Lib Theresa Pittinger Lib. MBryWolf Lib. Vacant L.T.A. II Kathleen Flynn L.A. II Jaquclinc Frazer L.T.A. I Katen Schmandrak L.T.A. t Vacanl prr (To Be Posted) O.A. I Lorraine Sweeney a.A. 1 Susan Prock D.A. I Vacant rrr (To Dc Poslcd) Page Paula Keenan Page Lynn Booras Page Calhcrinc liaR Page Vacanl PfT (To Be Posted) rOIlT ST. LUCIE BRANCH LIB. II MAUREEN MELVIN Lib. Veronica Lacoplrra Lib. Vacant (Posted) L.A. II Elizabeth Hire O.A. I Carol Blad Q.A. J Anies Dixon rage Ann Saranlos Page Megan Soulignc Page Mary Ellen Brown prr St.Pagc Kyle Oliver ZORA NEALE IIUSTON BIIANC" LIB. U FRANK ROBERTS L.ib. Alice Jackson L.A. II Bill Williams a.A. I G\V~n Noble a.A. I Shirley Reeves St.L.C. Oallana Garcia Page Felecia Collins LAKEWOOO PARK BRANCH LIB. 11 MARY BETH PICKNEY Lib. Dollie Borland Lib. Jull)' 5tunda L.T.A. I Prairie Lange L..A. I Telilla Bacon a.A. I Mary Rose Slone Pøge Wendy UOIton Page Joan Smith nOOKMODILE L.A, II Gail Louzek L.A. I Beverly Williams a.A. I Judith Kobbc FRIENDS OF TIlE LloRAIIY ST. LUCIE Wr,ST I.IDItJ\ltY Refercncc Lib. Robert F. Krause library Assoc. Elaine Sabol Pub. Svs. Tech. Christine Deshlcr ACQUISITIONS SECTION LIB. III LISA O'NEILL lib. II Carol Shroyer Lib. Dorothy Blair Sr.A.C. Charlun Souligne a.A. II Judith Kogut a.A. I Tonia Crumbley NETWORK SUrrORT SECTION U.S. FIIAN FRAZER L,T.A. II Elisabeth Hoffman L.T.A. I Andria Garcia TECIINICAl SEIIVICES SECTION L.T-^. IV DOREEN PIKE L.T.A. I Candy Hall L.T.A. I . Betsy Barbatelli REFERENCE SERVICES SECTION LIB. III JOHN ßYRN LIB. II ANNE TESH lib. II Tammy Powley r(f lib. Susan McSwain L.A. II Hajara Mohiuddeen L.A. I Deborah Hudson a.A. I Jesse Holden Page Desiraee Granl prr rUBLIC SEIIVICES SECTION LIß. 111 MARilYN MITTLEMAN lib. II ßeverly Klemenc Lib. Gíccle Perna L.A'..II Mary Jane James L.A. II Ruth Ray. a.A. t Ann Bryan a.A. I Diann Royer a.A. I Delphine Grant a.A.1 Terry Slewart rrr a.A. I Annetle McArthur prr SI.L.C. MariaCriSlalcs Pagc Linda Dara Page Harold 'Drenncn' Neiswander Page ßarbara Putman 51.Page Oercnisc: Ruiz '-' ...., UPGRADE: LIBRARY ASSOCIATE II to LIBRARY TECHNICAL ASSOCIATE I for ZORA NEALE HURSTON BRANCH LIBRARY The current Library Associate II position at Hurston Branch Library has always been heavily involved in the maintenance of the computers and related equipment installed at that site. During the three years of support by the Bill & Melinda Gates Foundation, this position was responsible for troubleshooting and maintaining the six Gates Grant PCs. Hurston Branch Library has the second highest number of public Internet PCs in the Library System, so that site merits its own Library Technical Associate I position as Morningside and Lakewood Park Branches already have. The Branch Supervisor, Frank Roberts, first brought this need to my attention earlier last year. I agreed with him for the need for a computer savvy staff person at his Branch where patrons use the information technology rather than books. Should the position become vacant, we could then seek a replacement with an appropriate job description. ~t,~ Edward K. Werner Assistant Library Director January 8, 2004 '-" """ TO: Susan Kilmer FROM: MaryBeth Pickney DATE: January 7, 2004 SUBJECT: Personnel Request, Lakewood Park Branch Library Personnel Upgrade G) This is a proposal to upgrade the Library Associate I Circulation Desk position at the Lakewood Park Branch Library to Office Associate 1. In addition, it is proposed that the Library Associate I position on the Bookmobile be upgraded to Library Associate II position. At all other branches in the S1. Lucie County Library System the circulation desk is covered only by an OA I position. We are phasing out, system-wide, the LA I positions so that every circulation desk will strictly have an OA I providing coverage. /'\ ( J-/ Regarding the LA I upgrade to LA II on the Bookmobile, this V position has changed over time. It is no longer a supervisor/helper situation. Today the Bookmobile entails an equal-shared job. The functions shared include: all circulation duties and responsibilities involved in running the branch of a library, reviewing and recommending selections of books and other materials for the collection, providing reference assistance to patrons, scheduling and selecting new stops, handling reserves, producing daily reports and monthly reports, handling the maintenance of the Bookmobile, plus share in driving the 36 foot bookmobile in a high-traffic area on a daily basis. .,.......... ~ ....,¡ Library Associate lJReference Dept. - Fort Pierce Branch The Library Department has been working to phase out the job classification Library Associate I since the salary study was conducted four years ago. There are three remaining Library Associate I positions which are being addressed in the reclassification requests for this year. Library Associate 1/ Reference Department - the job responsibilities are vety similar to the staff who work at the Circulation Desks throughout the Library System - all of which (except one) are classified as Office Assistant 1. The Library Associate I has the responsibility of working at the Reference Desk: to answer the telephone; assist patrons in signing up to use the public computers; providing basic reference service; assists with filing of government documents; assists with checking-in newspapers and magazines during times of staff shortage. This position can be called upon to reshelve library materials. This position also serves to help in the monitoring of library computers and deals with the general public in both positive and negative environments. This position is considered a clerical position and as such we would recommend that the position be reclassified to Office Assistant I. \w- -...I Upgrade Office Assistant I to Office Assistant II ShippinglReceiving Position in Acquisitions Rationale: This position is comprised of skills and job tasks that are essential components of the generic Office Assistant IT position as well as additional unique tasks. Quoted from Office Assistant II Description Abilities: "Ability to work independently and to carry assignments to completion with minimum instructions. Ability to maintain complex records and to make reports requiring extreme accuracý'. Function: "Composes and types answers to correspondence and prepares reports and tabulations. Process invoices, (types, sorts etc.) requiring various procedural knowledge. Reviews invoices for sufficiency, obtaining necessary signatures, routing appropriately, and maintaining follow up...Opens and distributes mail. . ..Prepares moderately complex reports and summaries requiring checking and researching a variety of records. Performs various accounting functions.. . Skill in...office machines and equipment". Specific tasks performed Unpacks and receives all incoming supplies and book/media shipments against online records. Routes supplies and materials accordingly. Maintains all order files. Files new order records as placed. Prepares and maintains all standing order file records. Processes invoices. Verifies all shipments against invoices for accuracy and completeness. Contacts suppliers to correct all errors: damaged goods, incomplete or incorrect shipments. Corresponds by mail with suppliers to ensure returns are credited. Uses Pitney Bowes postage metering machine and digital postage scale to meter outgoing letters and parcels for the library system @ over 500 per week. Receives and routes incoming mail/ parcels throughout the system. Orders book and media replacements. *ls experiellcing a steady i1.,crease itl all job ftmctiotls as system/collection grow. Equipment used: adding machine, Postage meter and scale, printer, typewriter PC software: Excel 2000, Unicorn/Workflows, Microsoft Word, Title Source II for online search and ordering (manages Baker & Taylor staff order account). - '-" "" Position Upgrade: Office Assistant II to Office Assistant III Acquisitions Department Requisitions, Ordering Rationale: This position is specialized in the nature of the type and sheer volume (still growing) of supplies and materials ordered for the entire library system. A review of the Office Assistant ill generic Job Description reflects numerous similarities to the abilities, required knowledge and job functions performed. Quoted from Office Assistant III Job Description Knowledge: "Knowledge of modem office practices and procedures and commercial arithmetic.. .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... prepare correspondence.. .establish, maintain, use tact and patience...with other employees, vendors and the general publié' Job Function: "Process Purchase Orders, invoices and vouchers. Track purchases, budgetary monies and keeps supervisor informed of budget limits. Maintain departmental accounts and records. Read and route incoming mail.. . answers phone.. .channels trouble calls..." AdditionaJ/actual job: Meters outgoing system mail @ 500+ pieces per week and routes incoming mail (alternates weeks with Shipping/Receiving). Research vendors, coordinates and places orders (primarily online) for 95% of system supplies, equipment, furniture, books and much of media. Books and media now at about 20,000 volumes per year and growing steadily with community and library system. Requisitions Purchase Orders, tracks expenditures and maintains account records, handles majority of invoices and payments for all acquisitions except Visa card transactions and checkbook requests. Maintains own Visa account Track orders with vendors, follow-ups with discrepancies & delays. Equipment Fax, postage meter and scale, adding machine, printer, PC PC Software: Banner Oracle, Excel 2000, Microsoft Word 2000, Unicorn/Workflows, Brodart Bibz, Title Source IT, supplier websites, etc. -.. '-' ø -....I Upgrade Maintenance Technician I To Maintenance Technician III The Library now requires skills and abilities that far exceed those of a Maintenance Technician 1. This position needs the functions of a Maintenance Technician III as evidence by the job description. Knowledge and Functions: Some of the primary functions of the Maintenance Technician III position are to perform laboring tasks, maintaining hand and power tools, responsible for the upkeep and efficient operation of equipment used may supervise work crews. Specific Tasks Preformed: 500/0 of the day is spent doing the Courier run to all Library site. Plans what needs to be done for the maintenance of the Library sites. Acts like a liaison with the Central Services department for special projects and ordering supplies. Orders Library cleaning supplies for all Libraries and maintains inventory control. Supervise Part Time Maintenance Technician I with daily tasks. Check and Change all light bulbs in the Libraries. Maintain Libraries appearance by painting when needed. Wash all windows and vehicles in the libraries. Assemble and repair furniture and bookshelves. Will be required to trains all new Library Maintenance Tech when the Libraries expand. --- .... :- '-t Extension Services Port St. Lucie Branch Library Reclassification Request 8/14/2003 Part-time Page (24 hours/week) to Full-time Page (40 hours/week) To explain the need for reclassifying this position from part- time to full-time, it is necessary to show how this staff member fits into the total page crew at Port St. Lucie. At present the PSL Branch Library employs 2 full-time pages, 1 part-time page, and 1 student page. Within the framework of their scheduled hours, all these pages shelve books, keep shelves in order, perform opening/closing procedures, answer phones, and assist patrons with directional questions and computer use. They also work at the front desk when our office assistants are at lunch and break, on leave, or during pages' scheduled evenings and Saturdays when no office assistants are available. Pages also perform an array of special projects such as mending and preparing shipments of rental books for return. We are open to the public six days/week. The part-time page is scheduled presently for three days/week. The full-time pages each work a five-day week. The student page is limited to 19 hours/week that must be scheduled flexibly due to school responsibilities. This situation gives us inadequate page service on days when the part- time page is not available. When one, or both, of the full-time pages is on leave, off for Saturday, working a split shift, or at a training class, the pinch becomes even tighter. The need for a consistent page presence throughout the week has grown as the population has grown in the area served by our branch. Each month library statistics reflect this growth. For example, in June 2003 we circulated 15% more items than June 2002; and in July 2003, 18% more items than in July 2002. By changing our part-time page position to full-time, we would not only gain 16 hours of page work per week to help cope with the growing volume of circulation, but also a consistent page presence throughout the entire week. Realizing the need for more staff hours, we had included this position change in our 5-year plan for-the 2004- 2005 fiscal year~ however, the spurt in our work load arrived sooner than anticipated. We could provide better service to our growing public by having our part-time page reclassified to full time as soon as possible. '-" ...., ONE-TIME INCREASES ANNUAL COST INCLUDING BENEFITS EFFECTIVE APRIL 1 ~ 2004 PARKS & RECREATION - Sports Complex Stadium Superintendent One time 5% increase Cost: $3,258.78 COMMISSION (DISTRICT 1) Executive Aide One time 5% increase Cost: $1,971.33 CODE COMPLIANCE Code Compliance Manager One time 5% increase Cost: $3,989.00 , '-' ~ JUSTIFICATION The Stadium Superintendent has assumed additional responsi- bilities for grounds at tradition field due to the renovation. ~---- ~ ~ ....,¡ ;0 C- -Imen-o-oo -0 00 m c Om»»» 0 -m (") en -IZï-<-<m en :S-o ï ::! »m~en(;)(") :::¡ ~» » :!! ï:!!-<(")~O Õ 0;0 en (") m -I ..» 0 z-I en ~ cen ïom z .. 3: ;0 0" m -I m m" (;) .. :::¡ z m Õ .. D z m ï :-:f ~ :-:f m ;;0 m en () 3 I - 0 "2. D) "'C .þ. c. C/) I 0 i:R ë' (") 0 0 '< ~ (}1 CD ..¿ 3 c (}1 ~ (J) C/) . 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Present Salaries: District 1 District 2 District 3 District 4 District 5 Date of Hire: 3/26/01 Date of Hire: 2/10/92 Date of Hire: 5/11/87 Date of Hire: 1/30/89 Date of Hire: 1/27/2003 $32,746 $38,298 $39,192 $38,745 $33,751 New Salaries (after adiustment): District 1 Date of Hire: 3/26/01 /' " $34,382 District 2 Date of Hire: 2/10/9'2-t $38,298 District 3 Date of Hire: 5/11/87 $39,192 District 4 Date of Hire: 1/30/89 $38,745 District 5 Date of Hire: 1/27/2003 $33,751 "" " m o , » en en " m o :I!= :::u o I o .þ. . o C1'I ú) » o o o c Z -f :I!= o o ~ I ~ ~ ~ o ~ I C1'I ~ N o o o I ~ o o m 3 "0 o '< CD CD o ::J CD I ~ 3 CD CJ1 '#. :J " .., CD Q) CJ) CD c.. c en ::i ~ o ~ o Z -f to en -0 -0 Oc... Om»»» -fzc:-<-<to »mt;;en(;)o '~:<o;;oo to -f .. » » 0 cen 'om O .. m m .. ,... .. ,.. .. m :-:I ~ ~ ú) ú) () CD 0 I~~ ~C1'I-...J N ~ o -...J ~~~C1'I .þ.~ú)<O <OCJ')N oÌ\,),"---, ú)<O.þ. C1'IOC1'l 000 ~~o ~ ~ ú) W () ~~~CD~O C1'I ~ ú) I ~ ~CJ').þ.~C1'I-...J . - - N ~ oCJ')ú)o -...J ON CD . 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KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Knowledge of the principals and practices of zoning enforcement. Knowledge and understanding of the statutory limits/authority governing the operation of the Code Enforcement activities. Familiarity with the requirements of the Standard Building code necessary. Knowledge of the Florida Planning and Land Use Legislation. Abilities: Ability to direct and coordinate the activities of the Division including the maintenance of all Divisional records and budget needs. Ability to work effectively with employees of the Division, other divisions within the Department, other departments within the County and other agencies. Ability to communicate effectively, both written and orally, with the public is essential. ESSENTIAL JOB FUNCTION: Plans, organizes and directs the activities of the Code Enforcement (includes Contractor Licensing and Regulation) and Building Inspections sections of the Department of Community Development. Assists in the administration and implementation of the St. Lucie County Land Development Code, Southern Standard Building Code and other enforceable County regulations as identified in the St. Lucie County Code and Compiled Laws. Division provides technical and staff support to the St. Lucie County Code Enforcement Board, Contractors Licensing Board, and various construction licensing Boards. Attends public meetings as directed by the Community Development Director. Performs related work as requested or assigned. 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. Frequent walking, standing and sitting. Ability to lift occasionally up to 30 Ibs. 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E w CD LO o I '<t 9 () c::: Z o ~ (.) ¡¡ ¡:: C/) :J ., ð w 0:: C/) ~ (.) w 0:: -- - ... .....'-~ ,. - , ' ~ ..., JUSTIFICATION Economic & Tourist Development Manager With the BOCC approval of the reorganization on April 13, 2004, the Economic Development Manager was changed to Economic & Tourist Development Manager. The position assumed additional personnel and duties to include Tourist Development. '-" ...., COUNTY ADMINISTRATION MEMORANDUM DATE: Board of County Commissioners Ray Wazny, Assistant County Administrator ~. April 2, 2004 TO: FROM: RE: Construction Activity Update Attached are graphs which reflect the current construction activity in the unincorporated area of St. Lucie County. Please let me know if you have any questions. RL W Ijc-04-27 C: Douglas M. Anderson, County Administrator Dan Mcintyre, County Attorney . Dennis Grim, Code Compliance Manager Dennis Murphy, Community Development Director -i o - ~ "C ('t) .., 3 ;::¡: (f ~ (J1 o -" (J1 o N (J1 o (¡.) CJ1 o .þ. 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Grim Code Compliance Manager SUBJECT: Request the Board of County Commissioners approve the new position of Building Tech. and approve Position # PS 04-54 in the amount of $39,683. BACKGROUND: Due to the recent, rapid growth in the County, and the forecast for continuing growth, it has become necessary to add this new position in the Permitting Department, in order that this Division may maintain its quality service to the citizens of St. Lucie County. FUNDS AVAILABLE: 491-9910-599300-800 (Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the implementation of a new position of Building Tech. for the Permitting Department and to approve Position Request # PS 04-54. COMMISSION ACTION: CONCURRENCE: o APPROVED o OTHER: o DENIED Douglas Anderson County Administrator Review and Approvals o Purchasing: ..Ii!! County Attorney:\I\J~vN !>j,~ :m Management and Budget. ~Originating Dept: (Pub. 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KNOWLEDGE, ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORM THE ESSENTIAL JOB FUNCTIONS: Knowledge: Working knowledge and understanding of the County's Land Development Code and Building Code required. Familiarity with administrative and enforcement process and with automated date management systems preferred. Abilities: Ability to read and interpret building and development plans, specifications and legal documents and identify inconsistencies with the requirements of applicable regulations. Ability to read maps, aerial photographs, engineering scales, flood zone information and other related graphic aids. Must be able to deal effectively with the public and present opinions both written and orally in a clear and concise manner. Limited supervisory abilities preferred. ESSENTIAL JOB FUNCTION: Coordinates the review and processing of all building permit applications for development activities. Provides supervisory review for all construction plans for compliance with the provisions of the County's Land Development Code and for site plan consistency. Review zoning compliance applications for consistency with the provisions of the County's Land Development Code. Assists the public in the understanding of zoning standards and building regulations. Coordinates plan review with the other sections and divisions in this department with the provisions of the County's Land Development Code. Assists with processing of liquor license applications. Performs necessary training of staff in the zoning section related to the review and analysis of building permits and construction plans. Reviews and processes flood zone requests. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good hand/eye coordination. Very frequent use of good near vision, good hearing. Occasional walking and frequent standing. Ability to occasionally lift 30 pounds. EDUCATION: High school diploma, or possession of equivalent degree. Must have the ability to use computer and automated data entry equipment. Three (3) years of experience in a building permitting office or similar organization. EXPERIENCE: A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Must have a valid Florida driver's license and maintain a good driving record. ~"'tJ ~ ~~-I g,~:!2ii'3g. ~~~~~~ -::J:<>3n", ~ ~. ~ ~ 0 3 't:I~ñrCD3_. ~"'~ë:~r;r g' ~ ~ ~ c m tngtn~~~ " 3"'0. '" ¡;¡-< ...... ... ... 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'" t:: ~ " ..., ~ ~ ..~ww~rc ~\C~cR" ;::: ~ '" ..., .... ..... : ¡s Nw" ....,¡I~ ~ V1 ~ ~~ 00 . : ~ ... ..., - ..., t ~ ~W" ....,~ ""......IO'\~~~ .... 0 . ~ ~ '" ~ N F !" '" .J:I.w"CC\-i ~~--:~~ 0'\ N--- W !-" b tD 00 -.,¡1 3: o ~ "' :r ~ ..." COUNTY ADMINISTRATION MEMORANDUM FROM: Board of County Commissioners Ray Wazny, Assistant County Administrator ~.. April 2, 2004 TO: DATE: RE: Construction Activity Update Attached are graphs which reflect the current construction activity in the unincorporated area of 81. Lucie County. Please let me know if you have any questions. RL W /jc-04-27 C: Douglas M. Anderson, County Administrator Dan Mcintyre, County Attorney Dennis Grim, Code Compliance Manager Dennis Murphy, Community Development Director "'-'"' ....; d U1»LJL..3:» 3: ì1L.. OZO (!)C£CCll-aCll(!)ClI(!)O~ ~ ~~-< i'6-<:' ~?'? [):::. 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"i- 'x I:;' ~ " r ~ '\ ~ ~, ~ ,..... ~ ,~ "'- 10 1::1 ~ +. ~ 10 ~ ~ 4:: · ~ TITLE CHANGE ONLY (NO FISCAL IMPACT) INFORMATION TECHNOLOGY Network Desktop Supervisor to Sr. NetworkIHardware Tech. Pay Grade 22 Pay Grade 22 Systems Engineer Supervisor to Section Supervisor Pay Grade 23 Pay Grade 23 Sr. Systems Engineer to Sr. NetworklHardware Tech. Pay Grade 22 Pay Grade 22 Systems Engineer to Network/Hardware Tech. Pay Grade 20 Pay Grade 20 Sr. Computer Operator to Customer Svc. Liaison Pay Grade 17 Pay Grade 15 ..." '-' ...",¡ NEW POSITIONS (Fiscal ImpactlFund Numbers) (EFFECTIVE APRIL 27, 2004) Community Services Transit Manager Pay Grade 23 Cost: $67,920 *Position funded from grants 001-6420-512001-6901 001-6420-512001-6902 Public Works - 001-6420-512001-600 Code Compliance (Permittine:) Office Assistant II Pay Grade 8 491-2415-512000-200 Cost: $36,159 Building Technician Pay Grade 11 491-9910-599300-800 Cost: $39,683 *Cost amounts include benefits '-' ~ New Position Pay Grade 23 $46,232.00 - $73,462.90 Community Services St. Lucie County is at the crossroads with transit. This is due to the positive accomplishments achieved in the past years including the initiation of the Treasure Coast Connector and the approval of the MSTU. To continue improving transit service for our residents and tourists, there are many projects that require additional attention including the east-west routes, bus benches, shelters, grants management, and the recruitment of employers/employees to use the system. The number one complaint of employers is the lack of employees with dependable transportation. By having a dedicated position, our transit system will be improved significantly, benefitting the local economy. This position would also be responsible for the duties required under the Transportation Disadvantaged program for the St. Lucie County Local Coordinating Board (LCB). Request a new position of Transit Planning Manager, this position could be primarily funded with grant dollars from the Transportation Disadvantaged (TD) Planning Grant, Federal Transit 5307 Administrative Fee, a portion of the Medicaid Boarding Fees and other grants. In many counties, transit staff is located within the same office as the Community Transportation Coordinator. At this time, the LCB Planning responsibility is under the MPO and is partially funded (approximately $20,000) with the TD planning grant. Recommend locating this position in the Community Services office. By having a dedicated person to focus on local and regional transit issues, a new position should be created. Due to the high responsibility associated with this position working with Community Transit, granting agencies and FDOT, the Transit Planning Manager should be a pay grade 23 and housed at Community Services. ~ ....., JOB CODE PAY GRADE 23 SALARY: $46,232.99 - $73,462.90 TRANSIT MANAGER This is a professional position that requires creativity in solving complex problems, initiative and skills for improved mobility and public transportation services. Managing multiple priorities; experience with public facilities planning and design, including environmental and permitting processes. Coordination of planning and implementation of programs and activities with appropriate agencies, elected officials and contractors. This position will manage grant dollars and programs associated with the Transportation Disadvantaged (TO) Planning Grant, Federal Transit 5307 Administrative Fee, the transit MSTU and other grants. This position is also responsible for the duties required under the Transportation Disadvantaged program for the S1. Lucie County Local Coordinating Board (LCB). The position applies for and manages multi-modal grants to improve transit and associated pedestrian facilities within the County to increase access to jobs, shopping, schools and medical facilities. Must have a working knowledge of transportation planning process and principles required with ability to work independently with assignments in terms of broadly defined functions. This position reports to and coordinates the transit programs and its budget with the Community Services Director / Community Transportation Coordinator. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTION OF THE POSITION: Knowledge: Planning principles and practices; statistical and other research techniques; state and federal regulations pertaining to transit regulations, grants and programs; general local government operations, with particular reference to county administration and management. Abilities: Work independently, take initiative, work with transportation contractors, supervise secretarial and clerical staff members including assignment of work and review of same;,establish and maintain a satisfactory working relationship with government officials, private organizations and the general public; and, effectively represent the Community Services Division to local, state and federal officials and the general public on procedural and technical matters; present information, ideas, and recommendations clearly and succinctly in written and verbal form; demonstrate sensitivity to political and fiscal constraints regarding transit issues, projects and programs. ESSENTIAL JOB FUNCTIONS: Coordinate and supervise all facets of the transit programs. Analyze, and interpret complex data, maintain complex administrative records; prepare and present, - ~ ...".¡ independently or under direction, reports and programs related to transit. Assist in conducting and presenting surveys related to the implementation of the County transit programs. Oversee the implementation of the transit programs and other grant programs. ESSENTIAL PHYSICAL SKILLS: Use of hands and fingers with dexterity. Good eye/hand coordination. Very frequent use of good near and far vision and good hearing. Periodic walking and standing. Periodic light lifting and carrying (30) pounds or less, reaching above shoulders, kneeling, bending and squatting. Ability to operate County automobile continuously for a period of one hour. ENVIRONMENTAL CONDITION REQUIREMENTS: Requires work inside the office in a sedentary posture and some inspections outside the office. Periodic attendance at meetings inside and outside the County office buildings. Periodic travel out of County two or three days at a time. WORK HAZARDS: Possible vision dysfunction due to heavy computer work. Possible repetitive motion syndrome due to same. SAFETY EQUIPMENT USED OR NEEDED: None . EDUCATION: Graduation from an accredited college or university with a Bachelor's degree in Planning, Public Administration, Business Administration or related field. EXPERIENCE: A Bachelor's degree in Planning, Public Administration, Business Administration or related field and four (4) years in related field. Computer experience necessary. A comparable amount of training or experience may be substituted for portions of these minimum requirements. LICENSE, CERTIFICATION OR REGISTRATION Valid Florida driver license, or ability to obtain one within a month of employment. Good driving record. This position is funded by grants and boarding fees and will exist as long as the funding is available. tI) 0:: W Zit) 00 _0 tI)~ tI)~ -0 :Eo :EN 00:: 0< >w ....>- Z..J :J< 0° O~ LLLL 00:: cO o::LL «.... 0C/) m~ >0 ....W Zo:: :JZ 00 O_ W!:: -C/) °0 30- . .... tI) '-' x en OJ U .~ OJ Cf) I- Z W ~ .. 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Staff recommends creating two (2) new position of: Communications Operatorffrainee Level I Communications Operatorffrainee Level II Pay Grade 9 Pay Grade 11 Pay Grade 9 Pay Grade 11 Pay Grade 13 $10.04 - $15.16 $11.08 - $17.37 $12.13 - $18.49 New employees would be brought in at Trainee Level I, Pay Grade 9 at $10.04 @ hr. If they successfully complete their six (6) weeks oftraining, they will move to Level II, Pay Grade 11 at $11.08 @ hr. If they successfully complete all of their training, they will become Communications Officer I at S12.13 @ hr. This will result in considerable savings for the department while still giving new employees the incentive to complete training and move to the next level. m (") ï » en en AI m D ~ '-' » (') (') o c Z -I ~ »enQ)O CJ) C1 :::J C Q) Co ...., 8.ëDQ)(i) :::J C":::J :::J OCDO= <: C1 ......'< <O::r...... CD ::r :E 3 ...., CD roCDN:::J (i)Q)::;:CD roenN:E = c: I q- ::: :r C,...) Q) CJ)c.c3:::J C'enOCD ro C1 :::J m C') Q) ...... 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C' ..... =-: I (') ()CfJ CD Q) ::J _ =ï~ ~ () o 3 3 c: ::J c;' ~ õ' ::J en m c: o G') m -t s: "0 » ("') -t ;0 m (') o »s: "s: "m ;cz 00 <m mO 0.. -<-< mm en en zz 00 ;0;0 mm « (ij(ij mm 00 '"'Ow 0-t en· -ï ::::!c: 0('") z- :;:om m('") 00 iC: »Z en-t cn-< ;;m -0 0» ~AJ -0 ~o .,,'" 0('") :;00 ."c: -Z (J)-t 0-< »('") ïO -<š: mš: »- :;Ow I\)W 0- 00 .þ.Z 1m ~AJ ow 01 '-' "'wII AGENDA REQUEST ITEM NO. 5M DATE: April1t:f, 2004 / TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis M. Grim Code Compliance Manager SUBJECT: Request the Board of County Commissioners approve the new position of Office Assistant II and approve Position # PS 04-55 in the amount of $36,159. BACKGROUND: Due to the recent, rapid growth in the County, and the forecast for continuing growth, it has become necessary to add this new position in the Permitting Department, in order that this Division may maintain its quality service to the citizens of St. Lucie County. FUNDS AVAILABLE: 491-2415-512000-200 (Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the implementation of a new position of Office Assistant II. for the Permitting Department and to approve Position Request # PS 04-55. COMMISSION ACTION: CONCURRENCE: o APPROVED o OTHER: o DENIED Douglas Anderson County Administrator Review and Approvals o Purchasing: o County Attorney:,,\-J 1¡}J D J.,,,,,- 0 Management and Budge --.h Originating Dept: Pub. Wks.'!.t ~ther: 41 ¡l/ r M\j¡:' . 'pV? \t" o Finance: Check for cop/only, if applicable: o Other: '-" " o III ;::;: õ' ::::I ;0 CD ~ o ,þ. . UI UI ~ (") o c Z -t ~ "'C::JO a CD c:: < (") CD _. 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Ability to maintain complex records and to make reports requiring extreme accuracy. Ability to type and take oral dictation at the prescribed rate of speed. Ability to work well with others and to assist the public cooperatively and courteously. ESSENTIAL JOB FUNCTION: Takes and transcribes dictation of correspondence, documents, reports or other materials. Takes dictation from professional personnel requiring knowledge of special terminology. Takes minutes at meetings, if required. Composes and types answers to correspondence and prepares reports and tabulations. Processes invoices, (types, sorts, etc.) requiring various procedural knowledge. Reviews invoices for sufficiency, obtaining necessary signatures, routing appropriately, and maintaining follow-up. Gives information to other offices and the public applying a significant knowledge of laws, rules, regulations and procedures. Records and advises supervisor of important engagements and meetings. Opens and distributes mail. Operates two-way radio. Prepares moderately complex reports and summaries requiring checking and researching a variety of records. Performs various accounting functions. Performs related work as required. Skill in taking and transcribing oral dictation, the application of modern office techniques, practices and in the use and car of pertinent office machines and equipment Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Good hand/eye coordination. Use of both hands and fingers with dexterity. Vision must be good enough to enable the reading of instructions either hand written or computer generated. Occasional walking and standing. Must have good command of English language and be able to hear normal telephone conversations. ENVIRONMENTAL CONDITION REQUIREMENTS: Constant work inside the office in a sedentary posture. WORK HAZARDS: Occasionally called upon to lift objects of 30 pounds or less. Possible vision dysfunction due to heavy computer work. SAFETY EQUIPMENT USED OR NEEDED: None. EDUCATION: High school diploma or possession of an acceptable equivalency diploma with courses in typing and/or shorthand, speed writing or stenography and other commercial subjects. EXPERIENCE: Six (6) months stenographic and clerical work experience. In some departments, computer skills are necessary. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: A valid Florida driver's license is required. ~" ~ .ð ~ .... cc.g.-a;¡-3g. ë:-oãï",,";:;:~ \C(þ ='QI 5"-0 ... 3-, ;:0 3 n (D a-·~~o3 ~<ijS!!~if "01'1: e.", gE.."tCct;¡' " 01 !Ii ." 3 uI 111 g U( ~ 3 c " 3 01 B. uI if-< ........ .... ... V1 t1''':....J w ",~!:j",~~~ \0... .. ....... 0"1 w~~ ~V1 0V1 '" u,b Co "0 V1 ... " V1~";; 19.....z ......ANV'I_N~ "";"'8cx>"~< \D~b ~ . 0° :::j V1 - ~~ ~ 0'\ co... ..... ""P"8"''''~Iº ~~. \D~_~ ;:8 f8 ... - - - W....,¡ f'\t.J g:~!'-'(T\~~Jti g}'b ~ \D Ã wi? 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E ~ ...... ..... ~w~Q:)I-t ~~....~~ 0'\ N.....- W '" ~ j... o '" CX> f' ~ ~ o ::::J ,.,. ::r , ~ MANAGEMENT & BUDGET No Cost MOSQUITO CONTROL No Cost TITLE CHANGES ONLY (NO FISCAL IMPACT) INFORMATION TECHNOLOGY No Cost - - - ...,¡ - - - - , \ '-' ...,.¡ TITLE CHANGE ONLY (NO FISCAL IMPACT) MANAGEMENT & BUDGET Principal Budget Analyst to Budget Manager Pay Grade 24 Pay Grade 24 ..,.... - - - . . '-' ,..,,Ii TITLE CHANGE ONLY (NO FISCAL IMPACT) MOSQUITO CONTROL Heavy Equipment Operator II (3 positions) to Impoundment Operator II Pay Grade 11 Pay Grade 11 '-' ~ AGENDA REQUEST ITEM NO. ~A DATE: April 27, 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Steve Fousek SUBMITTED BY (DEPT): PUBLIC WORKS SUBJECT: Request Permission to advertise for Public Hearings for Ten Mile Creek Recreation Area and Queens Island Preserve. BACKGROUND: As part of the lease agreements with South Florida Water Management District and the Board of Trustees of the Internal Improvement Trust Fund, through the Florida Department of Environmental Protection, Division of State Lands, public hearings are required prior to adoption of Management Plans to gather public input. FUNDS AVAILABLE: N/A PREVIOUS ACTION: BOCC approved SFWMD lease agreement LS040677 to manage Ten Mile Creek Recreation Area. The BOCC also approved lease agreements with the Department of Environmental Protection (lease #44100) and SFWMD (C-10485) to manage Queens Island Preserve. RECOMMENDATION: Staff recommends the Board approve the request to advertise for public hearing. ..tt APPROVED o OTHER: o DENIED 91as Anderson ounty Administrator Purchasing: ff COMMISSION ACTION: RENCE: Approved (5-0) , ()?( Review and Approvals County Attorney: X ;J'J. Management and Budget: Originating Dept: (Pub. Wks.) ~r" Other: Finance: Check for copy onl{if applicable: Other: , .. ITEM tlfff 5B DATE: 4/27/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED avO, TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manager SUBJECT: Request Board approval of Second Amendment to Contract No. COO-09-539 Harbor Branch Environmental Laboratories. Inc. and authorize Chairman to sign. BACKGROUND: On September 28, 2000 the Board of County Commissioners approved Harbor Branch Environmental Laboratories to provide field collection and analytical for the Landfill and the Golf Course. Florida Department of Environmental Protection is now requiring more extensive testing with regards to groundwater. This second amendment adjusts the charges paid to Harbor Branch for the field collection and analytical services. FUNDS AVAILABLE: 401-3410-599300-300 Operating Reserves PREVIOUS ACTION: 9/28/2000 - Board approved Contract with Harbor Branch Oceanographic Institute, Inc. for laboratory services. 8/27/2002 - Board approved First Amendment changing the name from Harbor Branch Oceanographic Institute, Inc. to Harbor Branch Environmental Laboratories, Inc. RECOMMENDATION: Recommend Board approval of Second Amendment to Contract No. COO- 09-539 Harbor Branch Environmental Laboratories, Inc. and authorize Chairman to sign. COMMISSION ACTION: Approved (5-0) -- at' APPROVED () DENIED ( ) OTHER o ÄNDERSON COUNTY ADMINISTRATOR Coordination/Sianatures County Attorney (X) K Mgt. & Budget (X) Purchasing (X) ~ Other ( ) Originating Dept. ( ) Public Works(X) Finance: (check for copy, only if applicable) _ .', þ '-' ~ SECOND AMENDMENT TO AGREEMENT FOR LABORATORY SERVICES THIS SECOND AMENDMENT, is made and entered into this day of , 2004, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County," and HARBOR BRANCH ENVIRONMENTAL LABORATORY, INC., hereinafter referred to as the "Consultant." WIT N E SSE T H: WHEREAS, on September 28, 2000, the parties entered into an agreement for field collection and analytical services; and WHEREAS, on August 27, 2002, the parties amended the agreement to change the name from Harbor Branch Oceanographic Institute, Inc. to Harbor Branch Environmental Laboratory, Inc.; and WHEREAS, the parties desire to further amend the September 28, 2000 agreement to provide for additional charges for field collection and analytical services due to FDEP requirements and groundwater problems. NOW, THEREFORE, in consideration of the mutual promises contained herein, para- graphs two (Scope of Work) and six (Compensation) of the September 28,2000, agreement are hereby amended to include the additional charges for field collection and analytical services listed in Exhibit "C," attached hereto and incorporated herein. Except as amended herein, the remaining terms and conditions of the original agreement of September 28,2000, shall remain in full force and effect. Page 1 of 2 -- -- #~ .. '-' ....,I IN WITNESS WHEREOF, the parties have executed or have caused this First Amendment to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this First Amendment. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: HARBOR BRANCH ENVIRONMENTAL LABORATORY,INC. BY: Print Name: Title: G:\A TTY\AGREEMN1ì2a.harbor.wpd Page 2 of 2 " . ~ .- y .. Saint Lucie County Glades Road Landfill 2004 GW C&D Semi A SA Leach Annual New april OldGW GW Downgrad Surf/Storm Leach 2004 per COM Glades Landfill Exhibits C 0 E F G CAP Jun-01 Alkalinity 16.50 Aluminum ICP 16.50 16.50 Ammonia 22.00 22.00 22.00 22.00 22.00 22.00 Ammonium(Unionized 22.00 Antimony ICP 16.50 16.50 INCL 16.50 Arsenic ICP 16.50 16.50 16.50 INCL 16.50 Barium ICP 16.50 16.50 INCL 16.50 Beryllium ICP 16.50 16.50 INCL 16.50 Cadmium ICP 16.50 16.50 16.50 INCL 16.50 Chromium ICP 16.50 16.50 16.50 INCL 16.50 Cobalt ICP 16.50 16.50 INCL 16.50 Copper ICP 16.50 16.50 16.50 INCL 16.50 Lead ICP 16.50 16.50 16.50 INCL 16.50 NickellCP 16.50 16.50 INCL 16.50 Selenium ICP 16.50 16.50 INCL 16.50 Silver ICP 16.50 16.50 INCL 16.50 Thallium Furnace 27.50 27.50 INCL 27.50 Vanadium ICP 16.50 16.50 INCL 16.50 Zinc ICP 16.50 16.50 16.50 INCL 16.50 Appendix II 1650.00 Bicarbonate 16.50 BOD 33.00 Chloride 16.50 16.50 16.50 16.50 16.50 16.50 Chlorophyll A 33.00 COD 33.00 33.00 33.00 EDB-8011 55.00 55.00 55.00 INCL 55.00 Fecal Coliform 27.50 Hardness 16.50 Iron ICP 16.50 16.50 16.50 16.50 16.50 16.50 16.50 Manoanese ICP 16.50 Mercury 33.00 33.00 33.00 33.00 INCL 33.00 Nitrate 16.50 16.50 16.50 16.50 16.50 16.50 16.50 Phenols 38.50 Sodium ICP 16.50 16.50 16.50 16.50 16.50 16.50 Sulfate 16.50 16.50 TDS 16.50 16.50 16.50 16.50 16.50 16.50 16.50 TOC 27.50 Total Nitrooen 55.00 Total Phosphates 22.00 TSS 16.50 VOC-8260 165.00 165.00 165.00 165.00 INCL 165.00 165.00 TOTAL ANAL YTICAL 616.00 440.00 638.00 665.50 1754.50 269.50 698.50 FIELD 50.00 50.00 50.00 50.00 50.00 50.00 50.00 HARBOR BRANCH Environmental Laboratories, Inc. EXHIBIT 10 I II C" 4/1/04 ITEM ~ 5C DATE: 04/27/04 AGENDA REQUEST REGULAR ( ) TO: BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING ( ) CONSEN~ PRESENTED BY: .. SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manaaer SUBJECT: Staff requests Board approval of Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreements for ABC Dumpsters and authorize the Chairman to execute. BACKGROUND: The Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreements are for all non-residential solid waste collection in the unincorporated area of S1. Lucie County. FUNDS AVAILABLE: N/A PREVIOUS ACTION: S1. Lucie County has used these Agreements since 1994. RECOMMENDATION: Staff recommends Board approval of Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreements for ABC Dumpsters and authorize the Chairman to execute. COMMISSION ACTION: CE: t-) APPROVED () DENIED ( ) OTHER - Approved (5-0) D ANDERSON COUNTY ADMINISTRATOR Jl' County Attorney (X) Mgt. & Budget ( Public Works (X) .-Þ1'\J\· Originating Depart (X) Solid Waste Finance: (check for {opy, only if applicable) Coordinatio Purchasing (X) ~ /.( Other ( ) '-' ..." NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of /l1'¡N J, ;J...?- 2004, by and between St. Lucie County, a political subdivision of the State of Florida (the County), and ABC Dumpsters (the Contractor). WITNESSETH: WHEREAS, County, in exercise of its powers to regulate the health, safety and welfare of its citizens and visitors, has selected Contractor to provide collection services for certain solid waste and recyclable materials within the unincorporated area of the County and, pursuant to an interlocal agreement with the City of Fort Pierce, to provide collection services for certain recyclable materials w'ithin the City of Fort Pierce; and . WHEREAS, the Contractor is willing to provide collection services for such solid waste and recyclable materials; WHEREAS, Construction and Demolition Debris does not cause or have the capability of causing the same harm as some other types of solid waste, it is not necessary to regulate its collection and disposal to the same extent as other waste, and therefore, Construction and Demolition Debris shall not be subject to the franchise fee required by this Agreement. However, all Construction and Demolition Debris shall be required to be disposed of at a facility licensed by the State of Florida to accept such waste; and NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the County and Contractor mutually undertake, promise and agree for themselves, their successors and assigns to strictly comply with the following provisions of this Agreement as follows: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINmONS. As used in this Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement, the following terms shall have the following meanings unless the context hereof otherwise requires. Agreement means Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement. Biological Waste means Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. g: \atty\agreemnt\NonExclusiveCommSW Agmt -1- '-' '-ttI Board means the Board of County Commissioners of St. Lucie County, Florida. Building means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattel or property of any kind. Bulk Container means any portable non-absorbent water-resistant container equipped with or without water-resistant lid or cover and approved by the County Administrator designed to be emptied by mechanical means. City Service Area means the area located within the corporate limits of the City of Fort Pierce, Florida Collection means the process whereby Solid Waste and Recyclable Materials are removed from Improved Property and transported to a Solid Waste Disposal Facility or other solid waste management or recycling facility. Commercial Property means all Improved Property other than Residential Property. Contractor ABC Dumpsters Construction and Demolition Debris means discarded materials generally considered to be not water-soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of structures as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that which normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of Construction and Demolition Debris with other types of Solid Waste, will cause it to be classified as other than Construction and Demolition Debris. The term also includes: (a) clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) except as provided in s. 403.707(12)0), unpainted, nontreated wood scraps from facilities manufacturing material used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and, c) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. County means St. Lucie County, a political subdivision of the State of Florida. County Administrator means the chief executive officer of the County or the designee or designees of the County Administrator which shall represent the County in the administration and supervision of this Agreement. g: \atty\agreemnt\NonExclusiveCommSW Agmt -2- '-' "wi County Service Area means the unincorporated area of the County. Duplex shall mean a Building that contains two Dwelling Units. Dwelling Unit shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. Fiscal Year means that period beginning October 1st of each year and ending on the 30th day of September of the subsequent year. Hazardous Waste means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, and increase in mortality or an increase ,in serious irreversible or . incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of or, stored treated, or otherwise managed. The term does not include human remains that are disposed or by persons licensed under Chapter 470, Florida Statutes. Improved Property means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Solid Waste or being capable of generating Solid Waste. Land Clearing Debris means rocks, soil, tree remains, trees and other vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. Mobile Home means manufactured homes, trailers, campers and recreational vehicles. Owner-Contractor means the Contractor, but only if the Solid Waste Collection Service and Recyclable Materials Collection Service delivered by the Contractor is limited to property owned by the Contractor. Public Entity Crime means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Recovered Materials means metal, paper, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does g: \atty\agreemnt \NonExclusiveCommSW Agmt - 3- \...f '-Î not include any materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. Recyclable Materials means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste and are designated in writing by the County to the Contractor, other than Recovered Materials, which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. The materials initially designated by the County are (A) newspapers and all inserts, (B) # 1 PIT and #2 HDPE plastic bottles (all colors), (C) aluminum cans, (D) steel cans, and (E) glass bottles and jars (green, clear, and brown). Recyclable Materials Collection Service means the Collection of Recyclable Materials. Recycling means any process by which Solid Waste, or materials which would otherwise become solid waste, are colÌected, separated or processed and reused or returned to use in the form of raw materials or products. Recycling Bin means two twelve-gallon stackable bins suitable for temporary storage of Recyclable Materials, the first of which shall be green for newspapers, and the second of which shall be blue for other commingled Recyclable Materials. Recycling Container means (A) a 90 gallon hinged lid container, (B) a front end load container with a storage capacity between 1 cubic yard and 8 cubic yards, or (C) such other storage container as may be mutually agreed upon among the County, the Contractor and any individual customer. Residential Property means each parcel of improved Property on which a Single-Family Residence, Mobile Home, Duplex or Triplex is located; provided however, that Residential Property does not include any parcel of property on which a Mobile Home is located that is (A) classified as either RMH-S or PUD under the County's zoning regulations or (B) classified as PUD or as a conditional use under R-4A or R-S under the zoning regulations of the City of Fort Pierce. Roll-Off Container means any non-absorbent water-resistant container that is equipped with or without water-resistant lid or cover, and is approved by the County Administrator that is designed to be removed from the site and emptied at a Solid Waste Disposal Facility. Rural Service Area means that portion of the unincorporated area of the County locate outside of the Urban Service Area. Single-Family Residence shall mean a Building that contains a single Dwelling Unit. Solid Waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant or air pollution control facility, or garbage, rubbish, refuse, Special Waste or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. The term does not include Recovered Materials. g:\atty\agreemnt\NonExclusiveCommSW Agmt -4- '-'" .."J Solid Waste Collection Service means the Collection of Solid Waste. Solid Waste Disposal Facility means any solid waste management facility which is the final resting place for Solid Waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. Special Waste means Solid Waste that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead-acid batteries, Construction and Demolition Debris, ash residue and Yard Trash and biological waste. Standard Container means any commonly available light gauge steel, plastic, or galvanized water-resistant receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a clqsely fitted water resistant top or lid and handle(s), or a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. A standard container, should not exceed 32 gallons in capacity, unless the Contractor implements an automated or semi-automated collection system, with the prior written approval of the County, requiring the use of some other standard receptacle compatible with the Contractors uniform equipment. Triplex shall mean a Building that contains three Dwelling Units. Urban Service Area means that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C- 24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. White Goods means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. Yard Trash means vegetative matter resulting from landscaping maintenance. SECTION 1.02. CONSTRUCTION AND INTERPRETATION. (A) Words importing the singular number shall include the plural in each case and vice versa, and words importing persons shall include firms and corporations. The terms herein, hereunder hereby, hereto, hereof, and any similar terms, shall refer to this Agreement; the term g: \atty\agreemnt\NonExclusiveCommSW Agmt -5- \.f '-tJ heretofore shall mean before the date of adoption of this Agreement; and the term hereafter shall mean after the initial date of adoption of this Agreement. (6) No provision of this Agreement is to be interpreted as a penalty upon any party to this Agreement. The parties hereby agree that the rights of the County in the event the Contractor takes or fails to take certain actions pursuant to this Agreement, are reasonable, and that the parties desire such certainty with regard to such matters. (C) This Agreement shall not be construed more strongly against any party regardless of whether that party or its counsel drafted this Agreement. SECTION 1.03. SECTION HEADINGS. Any headings preceding the texts of several Articles and Sections of this Agreement and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall neither constitute a part of this Agreement nor affect its meaning, construction or effect. ARTICLE II REPRESENTATIONS SECTION 2.01. REPRESENTATIONS OF THE COUNTY. The County makes the following representations as the basis for the undertakings on the part of the Contractor herein contained: (A) The County is duty organized and validly existing as a political subdivision of the State of Florida. (6) The County has full power and authority to enter into the transactions contemplated by this Agreement. (C) The County has entered into an interlocal agreement with the City of Fort Pierce that allows the Contractor to provide Recyclable Materials Collection Service to Commercial Property within the City Service Area. SECTION 2.02. REPRESENTATIONS OF CONTRACTOR. Contractor makes the following representations as the basis for the undertakings on the part of the County herein contained: (A) Contractor is a business corporation duly organized, validly existing and in good standing under the laws of the State of Florida, authorized to do business in the State of Florida, and has all requisite corporate power and authority to enter into and fully perform this Agreement. All necessary corporate action on the part of Contractor relating to the authorization of its execution and delivery of this Agreement and its performance of its duties and obligations contained herein have been duly taken, and this Agreement, when executed and delivered, will be valid and enforceable against Contractor in accordance with its terms, except to the extent that the enforceability thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. g: \atty\agreemnt\NonExclusiveCommSW Agmt -6- """ "'" (8) There are no actions, suits or proceedings pending or, to the knowledge of Contractor, threatened against or affecting Contractor, at law or in equity or before or by any Federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality wherein an unfavorable decision, ruling or finding would adversely affect the validity of this Agreement or any agreement or instrument to which Contractor is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby. (C) The Contractor is willing, ready and able to fully perform the duties and obligations contained herein. ARTICLE III SCOPE OF SERVICES AND TERM OF AGREEMENT SECTION 3.01. SERVICE PROVIDED BY CONTRACTOR. (A) The Contractor is hereby authorized, on a non-exclusive basis, to provide (1) Solid Waste Collection Service and Recyclable Materials Collection Service to Commercial Property located in the County Service Area, (2) Solid Waste Collection Service and Recyclable Materials Collection Service to Residential Property located in the Rural Service Area, and (3) Recyclable Materials Collection Service to Commercial Property located in the City Service Area. The Contractor shall offer Recyclable Materials Collection Service to all Dwelling Units located on Commercial Property in the County Service Area to which the Contractor provides Solid Waste Collection Service. (8) The Contractor shall be responsible for billing and collecting payments for all Solid Waste Collection Service and Recyclable Materials Collection Service it provides pursuant to this Agreement, including disposal costs at a the Solid Waste Disposal or Recycling Facility. (C) Adjustments to County Service Area boundaries due to municipal annexation or contraction will be handled as provided by Section 171.062, Florida Statutes. (D) The County agrees to provide or approve a Solid Waste Disposal or Recycling Facility for use by the Contractor at all times. All Solid Waste collected by the Contractor will be delivered to a Solid Waste Disposal Facility maintained or approved by County and the applicable disposal charge shall be paid by the Contractor. If the Solid Waste Disposal Facility is other than one operated or maintained by the County, the Contractor shall submit annually, on a form approved by the County Administrator, a report demonstrating that the Solid Waste Disposal Facility has all necessary licenses and permits. If the Contractor delivers Solid Waste to any facility other than a Solid Waste Disposal Facility that is operated, maintained or approved by the County, the Contractor agrees to pay to the County, as liquidated damages and in addition to any other remedy available to the County pursuant to this Agreement, an amount equal to three times the disposal fee that would have been paid if such Solid Waste had been delivered to the Solid Waste Disposal Facility operated, maintained or approved by the County. The Contractor shall segregate and separately dispose of Special Waste at designated areas of the Solid Waste Disposal Facility or at lawfully permitted facilities. g: \atty\agreemnt\NonExclusiveCommSW Agmt -7- \.f '-tI (E) Yard Trash collected by the Contractor shall be delivered to a facility which is authorized by law to accept Yard Trash. Annually¡ the Contractor will provide a report on a form approved by the County Administrator that identifies the amount of yards collected, and demonstrates the facility has all necessary licenses and permits. (F) The Contractor shall be subject to all local state and federal laws, rules and regulations applicable to Solid Waste Collection Service. This Agreement does not and shall not be construed to relieve the Contractor from any obligation to address any permit, condition¡ term¡ approval or restriction and shall not relieve the Contractor or its successors, of the obligation to comply with any law, ordinance¡ rule or regulation governing said permitting requirements, terms, approvals or restrictions. (G) It is understood and agreed that the County that has entered into an Exclusive Residentiål Solid Waste and Recyclable Materials Collection Service Agreement and this Agreement does not authorize the Contractor to offer or provide Solid Waste Collection Service and Recyclable Materials Collection Service to Residential Property located within the Urban Service Area and Recyclable Materials Collection Service to Residential Property within the City Service Area. (H) In the event the Contractor, through no fault of its own, is incapacitated by a hurricane, tornado, major storm or other natural disaster, the County Administrator may grant the Contractor a variance from regular routes and schedules. Such variance shall not be unreasonably withheld. Further¡ the County Administrator may authorize other service providers to temporarily provide Solid Waste Collection Service within the County Service Area after such natural disaster. As soon as practicable after such natural disaster, the County Administrator shall advise the Contractor when it is anticipated normal routes and schedules can be resumed. In the event of a disaster¡ the Contractor agrees to use its best efforts to assist with clean-up, upon direction of the County Administrator¡ utilizing the equipment and personnel assigned to provide service pursuant to this Agreement. In the event the County Administrator requires services beyond what is required of Contractor hereunder¡ considering any reduction of regular service during such disaster, the Contractor shall receive extra compensation above the normal compensation contained in this Agreement to cover documented actual costs and reasonable profit for such extra services actually provided by the Contractor¡ provided the Contractor has first secured written authorization and approval from the County Administrator. The extra compensation shall be reasonable and if Contractor and County Administrator cannot agree on the amount of extra compensation¡ the Board shall make the final determination. Contractor agrees to provide the emergency services immediately upon request and the fact that the extra compensation has not been determined shall not delay the provision of service. SECTION 3.02. HAZARDOUS WASTE. The Contractor shall not be required to collect and dispose of Hazardous Waste under this Agreement. The collection and disposal of Hazardous Waste are not regulated under this Agreement¡ unless and until a separate agreement therefore is entered into by and between County and Contractor. g:\atty\agreemnt\NonExclusiveCommSW Agmt -8- '-' ....., SECTION 3.03. CHANGES IN SCOPE OF COLLECTION SERVICE. From time to time, at the sole option of the County, it may be necessary to modify the scope of services to be provided hereunder. Should this occur, the County and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect the impact of any such modification. SECTION 3.04. TERM OF AGREEMENT. The term of this Agreement shall be for the period beginning October 1, 2003 and terminating September 30, 2006. ARTICLE IV SOLID WASTE COLLECTION SERVICE SECTION 4.01. SOLID WASTE COLLECTION SERVICE. The Contractor is hereby authorized, on a non-exclusive basis, to provide Solid Waste Collection Service to Commercial Property located in the COUr:1ty Service Area and to Residen.tial Property located in the Rural Service Area. SECTION 4.02. CONDmONS AND FREQUENCY OF SERVICE. (A) Other than Roll-Off Containers, service shall be provided at least twice a week to all customers generating putrescible waste and at least once a week to all customers not generating putrescible waste. (B) The Contractor shall be required to provide service within twenty-four hours of a service request for Roll-Off Containers (other than Sundays). Roll-Off Containers containing putrescible waste shall be emptied not less than once per week; provided however, that Roll-Off Containers equipped with a watertight compactor may be emptied on an on-call basis. (C) Collection of Construction and Demolition Debris may also be on an on-call basis. (D) The size of the Bulk Container or Roll-Off Container shall be determined between the Contractor and the customer. Except as required by Sections 4.02(A) and (B), the frequency of Collection shall be determined between the customer and the Contractor. However, the size and the frequency of such shall be sufficient to provide that no Solid Waste need be placed outside a Bulk Container, Roll-Off Container or Standard Container. The Contractor shall provide Bulk Containers and Roll-Off Containers as necessary; however, customers may acquire their Bulk Container or RoII- Off Container from any source provided that the source or customer is completely responsible for its proper maintenance. Such Bulk Containers or Roll-Off Containers shall be of a type that can be serviced by the Contractors equipment. (E) All Solid Waste shall be placed in either a Bulk Container, Standard Container or RoII- Off Container. Where Standard Containers are used, they shall be placed at the roadside or at such other collection point as may be agreed upon between the Contractor and the customer, provided that they shall not be placed in the road right-of-way No putrescible waste shall be collected or stored in either a Bulk Container, Roll-Off Container or Standard Container unless it is covered. All Bulk Containers and Roll-Off Containers shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any damage to Bulk Containers, Roll-Off Containers or g: \atty\agreemnt\NonExclusiveCommSW Agmt -9- \.f ...,¡ Standard Containers or other damage caused by the Contractor shall be promptly repaired, replaced or reimbursed by the Contractor. (F) The Contractor shall provide back door service to handicapped persons upon the customer providing to the Contractor proof of handicapped status as required by Section 320.0848(14) Florida Statutes, and certifying that no other able-bodied person resides in the household. No additional charge shall be made for providing back door service to handicapped persons. SECTION 4.03. METHOD AND HOURS FOR COLLECTION. Collection shall occur on a regular basis with a frequency of pick-up as provided herein and the size of the Bulk Container or Roll-Off Container to be agreed upon between the Contractor and the customer. Collection shall be permitted at any reasonable time; however, service provided to commercial customers located adjacent to Dwelling Units shall be collected within the same hours and days as required by the County for Solid Waste Collection Service to Residential property (i.e. between the hours of 7:00 am. and 6:00 p.m., Monday through Saturday)~ SECTION 4.04. AGREEMENTS FOR SOLID WASTE COLLECTION SERVICE. A written agreement for Solid Waste Collection Service shall be executed by the Contractor and provided to the customer regarding the level and type of service to be provided and manner of collection of fees; provided however, that no agreement shall be required for Solid Waste Collection Service provided to Residential Property in the Rural Service Area or for Solid Waste Collection Service limited to Construction and Demolition Debris. The customer may subscribe to a greater level of service than that which is minimally required under this Agreement to meet the needs of the customer in a sanitary and efficient manner. However, upon failure of the parties to reach such an agreement, either party may apply to the County Administrator, who shall establish the level and type of service to be provided, including the location and size of the container, and the number of pick-ups per week. The Contractor will be responsible for the billing and collection of all commercial charges. SECTION 4.05. TERMINATION OF SERVICE. The Contractor may suspend Solid Waste Collection Service to a customer whose payment is 45 days past due. However, service shall not be suspended unless 2 weeks written notice of such pending suspension has been provided to the customer by the Contractor. The Contractor shall notify the County Administrator of all suspensions the next business day following any such suspension. The Contractor may impose a charge for re- starting service to suspended Customers. SECTION 4.06. USE OF SOLID WASTE DISPOSAL FACILITY. (A) All Solid Waste collected by the Contractor will be delivered to a Solid Waste Disposal Facility described in Section 3.01(D) and the applicable disposal charge shall be paid by the Contractor. (B) If the Contractor is using the County Solid Waste Disposal Facility, then: g: \atty\agreemnt\NonExclusiveCommSW Agmt -10- '-' -...I (1) On or before the tenth day of each month, the Contractor shall pay the County for the full amount of the disposal fees incurred by the Contractor for the prior month. Disposal fees shall be based upon the records maintained by the County indicating the total weight of Solid Waste deposited at the Solid Waste Disposal Facility by the Contractors vehicles. Disposal fees shall be computed in accordance with the schedule of charges approved by the Board, as the same may be amended from time to time. (2) The Contractor shall post a bond issued by a surety acceptable to the County or provide other security in a form acceptable to the County Attorney in an amount equal to the Contractors estimated total disposal fee for two months, rounded to the nearest thousand dollars. The security shall insure the Contractors faithful and timely payment of all Solid Waste disposal fees. The parties agree that this security amount is an es~imate by the County and will be reviewed in April 2004, and semiannually thereafter. If there is a significant increase in the Contractors monthly total disposal fee, the County reserves the right to increase the minimum security amount at any time. Based upon any such review, the security amount shall be adjusted to the revised estimated total disposal fee for two months, rounded to the nearest thousand dollars. Any adjustment of the security amount may also include an adjustment for a fee increase authorized by the Board, if such increase is due to take effect prior to the next regularly scheduled review. (C) The Contractor agrees to comply with the applicable provisions of all permits, rules, regulations, law and ordinances adopted or issued by the County, State of Florida, or United States of America, including those that are applicable to the Solid Waste Disposal Facility. ARTICLE V RECYCLABLE MATERIALS COLLECTION SERVICE SECTION 5.01. SERVICE TO CERTAIN DWELLING UNITS. The Contractor is hereby authorized, on a non-exclusive basis, to provide (1) Recyclable Materials Collection Service to Commercial Property within the County Service Area and the City Service Area and (2) Recyclable Materials Collection Service to Residential Property located within the Rural Service Area. The Contractor shall offer Recyclable Materials Collection Service to all Dwelling Units located on Commercial Property in the County Service Area to which the Contractor provides Solid Waste Collection Service. The charge for Recyclable Materials Collection Service shall be included in the charge for Solid Waste Collection Service, if provided, but will be separately stated on each bill. Notwithstanding the foregoing, Recyclable Materials Collection Service shall not be required if the Solid Waste Collection Service is limited to the collection of Construction and Demolition Debris. SECTION 5.02. FREQUENCY OF SERVICE. Recyclable Materials Collection Service shall be provided to Dwelling Units once every week on a scheduled route basis. Recyclable Materials Collection Service shall coincide with a regularly scheduled pick-up day for Solid Waste Collection Service. g: \atty\agreemnt\NonExclusiveCommSW Agmt -11- ~ ~ SECTION 5.03. ACCESSIBILITY. All Recyclable Materials to be collected shall be stored in an approved Recycling Bin and shall be placed in close proximity to the receptacles for Solid Waste. If Solid Waste is collected from Standard Containers, Recycling Bins must be placed within six feet of the curb. If Solid Waste is collected from Bulk Containers, Recycling Containers must be placed in same area. All Recycling Bins and Recycling Containers must be placed in a location providing lawful, safe, and efficient access by collection crews and vehicles. SECTION 5.04. HOURS FOR SERVICE. Recyclable Materials Collection Service to Dwelling Units shall be conducted between 7:00 a.m. and 6:00 p.m., Monday through Saturday. SECTION 5.05. RECYCLING BINS, AND CONTAINERS. (A) The Contractor at its expense shall provide and deliver Recycling Bins to each Dwelling Unit from which Solid Waste is collected from Standard Containers. . (B) At a minimum, the Contractor at its expense shall provide and deliver one or more Recycling Containers colored green for newspapers and one or more Recycling Containers colored blue for other commingled Recyclable Materials to each parcel from which Solid Waste is collected in Bulk Containers. At the request of the Customer, the Contractor may provide other types of recycling service which would require the Customer to perform additional segregation of Recyclable Materials beyond that required for the basis service. The type and quantity of Recycling Containers and their location shall be agreed upon between the Contractor and the customer. Recycling Containers must be placed in a convenient location for use by residents. (C) The size, shape, and color of the Recycling Bins, and Recycling Containers, and the configuration of any printing shall be approved by the County Administrator. (D) The title to the Recycling Bins and Recycling Containers shall be vested with the Contractor for the duration of this Agreement. (E) The Contractor shall replace at its own expense any Recycling Bin or Recycling Container that is (1) lost, (2) rendered unserviceable through normal wear and tear of collection services, or (3) damaged through the fault or negligence of the Contractor or its employees. (F) The Contractor must purchase and use Recycling Bins manufactured with a minimum of 25 percent post-consumer plastic. (G) Recycling Bins and Recycling Containers for newly constructed Dwelling Units shall be provided and delivered by the Contractor within ten days of the issuance of a certificate of occupancy. SECTION 5.06. MANNER OF COLLECTION. The Contractor shall collect Recyclable Materials with as little disturbance as possible and shall leave the Recycling Bin or Recycling Container at the same point it was collected. To be eligible for pick-up Recyclable Materials must be g: \atty\agreemnt\NonExclusiveCommSW Agmt -12- '-r- "'" placed in Recycling Bins or, if provided, Recycling Containers. The Recycling Bins and Recycling Containers must be placed at the usual accessible pick-up location. If materials other than Recyclable Materials are improperly placed in a Recycling Bin or Recycling Container, the Contractor shall return such material to the Recycling Bin or Recycling Container and place a neon colored friendly reminder sticker on the inside of the Recycling Bin or on the lid of the Recycling Container, informing the customer of the error. SECTION 5.07. PROCESSING AND MARKETING OF RECYCLABLE MATERIALS. (A) The Contractor shall not return collected Recyclable Materials to the waste stream. If the market ceases to exist for any Recyclable Materials, alternate disposal options for such Recyclable Materials must be approved in advance by the County Administrator. Such approval shall not be unreasonably withheld. (B) The Contractor shall be responsible for processing and marketing all· Recyclable Materials collected and shall take all reasonable commercial action to assure that the Recyclable Materials are separated, processed and marketed or otherwise disposed of in a manner that assures reuse or return to use in the form of raw materials or products. SECTION 5.08. RECYCLING COLLECTION EQUIPMENT. (A) The Contractor shall have on hand at all times and in good working order such recycling collection services equipment as to permit the Contractor to adequately and efficiently perform the contractual duties specified in this Agreement. Vehicles for Recyclable Materials Collection Service shall be designed to separate various types of Recyclable Materials and shall be enclosed or otherwise properly covered so as to prevent litter or discharge. Vehicles for Recyclable Materials Collection Service shall be clearly distinguishable from vehicles used for Solid Waste Collection Service by color or appropriate signage. The method of distinguishing vehicles used for Recyclable Materials Collection Service from vehicles used for Solid Waste Collection Service shall be approved by the County Administrator. All equipment used for Recyclable Materials Collection Service shall be kept in good repair and appearance, and in a sanitary, clean condition at all times. (B) No advertising, except signage approved by the County to promote recycling, will be permitted on recycling collection vehicles. Upon request of the County, the Contractor will be required to display periodic recycling program promotional signage on the recycling vehicles; provided, however, that the Contractor shall not be required to change promotional signage more frequently than once during any three-month period. The Contractor agrees to bear all costs associated with such promotional sign age. The Contractors name, corporate logo, and telephone number must be displayed on all vehicles at all times. SECTION 5.09. TITLE TO RECYCLABLE MATERIALS AND REVENUE FROM RESALE. The Contractor shall at all times hold title and ownership to all Recyclable Materials collected by the Contractor pursuant to this Agreement and shall retain the revenues obtained from its sale of Recyclable Materials. g: \atty\agreemnt\NonExc/usiveCommSW Agmt -13- \.f '...I SECTION 5.10. RECYCLING REPORTS. Within fifteen days after the last day of each calendar quarter, the Contractor shall submit a recycling report to the County, on forms approved by the County. The Contractor shall maintain books and records of the information to be included in these recycling reports, which books and records shall be available for inspection and audit by the County at all times. The quarterly recycling reports will be designed to assist the County in meeting any local, state or federal reporting requirements relative to recycling or Solid Waste reduction goals and shall contain, by way of example and not limitation, the following information: (A) a summary of all tonnages recovered by material; (B) recycling program participation (set-out) rates for customers served with Recycling Bins; (C) a discussion of problems and noteworthy experiences in the Recyclable Materials Collection Service; . . (D) a discussion of highlights and other noteworthy experiences and measures taken to resolve problems, increase efficiency or encourage program participation; (E) a detailed description of the actions taken to process, market or otherwise properly dispose of the Recyclable Materials; (F) Materials; gross revenue received, broken down by material, for the resale of Recyclable (G) a list of persons or firms to whom Recyclable Materials have been sold, including the name, address, telephone, contact person, final destination of materials, and end product; (H) an overall assessment of performance during the quarter; (I) detailed data to allow analysis of collection equipment handling capabilities; (J) a discussion of the public information activities and their impact on participation and recovered volumes; and (K) any recommendations for improvement of the recycling program. SECTION 5.11. APPROVAL OF COMMERCIAL RECYCLING PROGRAMS. The Contractor shall submit a plan to the County for County approval outlining the scope of Recyclable Materials Collection Service to be provided to Commercial Property on which no Dwelling Units are located. g:\atty\agreemnt\NonExclusiveCommSW Agmt -14- '-'" ....., ARTICLE VI FEES, BILLING AND COLLECTION SECTION 6.01. COMMERCIAL BILLING, COLLECTION AND PAYMENTS. The Contractor shall be responsible for the billing and collection of payments for Solid Waste Collection Service and Recyclable Materials Collection Service. Customers shall be billed on a monthly basis, in advance; provided however, that (1) Residential Property located in the Rural Service Area may be billed on a quarterly basis, in advance, and (2) the agreement required by Section 4.05 hereof may permit individual Dwelling Units located on Commercial Property in the County Service Area to be billed on a quarterly basis, in advance. Fees shall be deemed delinquent fifteen days after the service has been provided. Interest shall accrue on delinquent fees at the same rate provided in Section 55.03, Florida Statutes. SECTION ~.02. FRANCHISE FEES~ (A) To compensate the County for the cost of administration, supervision and inspection rendered for the effective performance of this Agreement, the Contractor, if not operating as an Owner-Contractor, shall pay to the County a franchise fee equal to four percent of all gross revenues collected or received from its customers for Solid Waste Collection Service, and Recyclable Materials Collection Service. For the purposes of determining the franchise fee due the County, gross revenues shall encompass all fees charged and collected for Solid Waste Collection Service, and Recyclable Materials Collection Service, including the disposal fee paid by the Contractor at any Solid Waste Disposal Facility. (8) Franchise fees shall be payable monthly in arrears. Any amounts not paid when due shall earn interest at the same rate provided in Section 55.03, Florida Statutes. Adjustments to the franchise fees due the County, based upon additional information on the gross revenues revealed by the reporting requirements in Section 7.10 or otherwise, shall be paid promptly. Any further amounts which may be due County as a result of changes or additional information relating to the gross revenues shall be made with the next monthly payment. (C) Contractors that engage in the business of collecting and disposing of Construction and Demolition Debris shall be required to enter into a non-exclusive agreement, however no franchise fee shall be charged or collected. ARTICLE VII OPERATIONS SECTION 7.01 OFFICE. (A) The Contractor shall maintain an office where complaints can be received. It shall be equipped with sufficient telephones to receive the complaints. However, if the Contractor is serving as an Owner-Contractor, the office hours of the Owner-Contractors principal business shall be deemed sufficient to comply with the foregoing requirement. All telephone numbers used by the Contractor shall allow for toll free use for any call originating from within the County. g: \atty\agreemnt\NonExclusiveCommSW Agmt -15- \...f .....,¡ (8) During normal business hours and following reasonable notice, the Contractor shall allow the County to inspect and copy all records, papers, letters, or other documents related to the service provided by the Contractor pursuant to this Agreement. SECTION 7.02. CONTRACTOR PERSONNEL. (A) The Contractor shall assign qualified persons to be in charge of the operations within the County Service Area and the City Service Area and shall provide the name of such person to the County Administrator. (8) The Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital statùs, race, color, religion, national origin or ancestry. (C) Contractor shall bear the responsibility for verifying the employment status, under the Immigration Reform and Contract Act of 1986, of all persons it employs in the performance of this Agreement. (0) Each driver of a collection vehicle shall at all times carry a valid Florida drivers license . for the type of vehicle that is being driven. (E) The Contractors name and office telephone number shall be prominently displayed on all vehicles used to collect Solid Waste and Recyclable Materials. The Contractor shall provide the County at all times with a current list of the vehicles used for Solid Waste Collection Service and Recyclable Materials Collection Service. (F) The Contractor shall provide operating and safety training for all personnel. (G) The Contractors employees shall treat all customers in a polite and courteous manner. SECTION 7.03. COLLECTION EQUIPMENT. The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform the contractual duties specified in this Agreement. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide in a format specified by the County Administrator a list of the equipment used by the Contractor to provide services relating to this Agreement. Collection equipment shall be of the enclosed loader-parker or roll-off type unless otherwise authorized in writing by the County Administrator. All collection equipment shall be kept in good repair, appearance, and in a sanitary, leak-proof, clean condition at all times. The Contractor shall have available sufficient reserve equipment to provide the service within the hours and days of collection required hereunder. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform its contractual duties. Equipment is to be painted g: \atty \agreem nt \No nExclus iveCommS W Agmt -16- ~ ......,¡ uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than 3 inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except for events sponsored by the County, which shall be advertised on request. SECTION 7.04. SPILLAGE. The Contractor shall not litter or cause any spillage to occur within St. Lucie County. The Contractor may refuse to collect any Solid Waste that has not been properly placed in a Bulk Container, Roll Off Container, Standard Container or properly bundled or packaged. During hauling, all Solid Waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. SECTION 7.05. COMPLAINTS. (A) All service complaints shall be handled by the Contractor unless otherwise changed by the County Administrator. The County Administrator shall notify the Contractor of each complaint communicated to the County. All complaints shall be immediately recorded on a complaint log by the Contractor. The Contractor shall provide a substantive response to each complaint within 24 hours after it is received by the Contractor. When the complaint is received after 12:00 noon on a Saturday or the day preceding a holiday, as specified in this Agreement, a substantive response shall be made by the Contractor no later than the next regular working day. Each complaint shall be fully resolved within 96 hours after it is received by the Contractor. (B) The Contractor shall supply the County Administrator, upon request, with a typed statement of all oral or written complaints (including copies of written complaints received) on a complaint form or other written format approved by the County Administrator, from any source and whether or not received and forwarded to the Contractor by the County. Such statement shall be in the format approved by the County indicating the date and hour of inquiry or complaint receipt, the nature of the complaint; if received on the day preceding a holiday or a weekend, it shall be addressed on the next working day if a resolution cannot be reached on the date of receipt. The Contractor shall provide the County Administrator, upon request, with a full explanation of the disposition of any complaint involving a claim of damage to persons or property as the result of actions of Contractor or its employees or agents. The Contractor shalt provide individual written notice to all of its Solid Waste Collection Service and Recyclable Materials Collection Service customers about complaint procedures, rules and regulations, and days of collection on an annual basis and whenever there is a change in service, days of collection or other procedures. The County Administrator has the right to require the Contractor to change such notice materials. The County may from time to time contact customers directly regarding the quality of service and disposition of complaints. SECTION 7.06. QUALITY OF PERFORMANCE OF CONTRACTOR. (A) It is the intent of the County to ensure that the Contractor provides a high quality level of collection services for Solid Waste and Recyclable Materials. To this end, all complaints g: \atty\agreemnt\NonExclusiveCommSW Agmt -17- ..., ....J received by the County Administrator and reported to the Contractor shall be promptly resolved pursuant to the provisions of this Agreement. In the event legitimate complaints, as determined by the County Administrator shall exceed 2% of the total customers billed by the Contractor within the County Service Area and the City Service Area during any Fiscal Year, or 0.5% of the total customers billed by the Contractor during anyone calendar month, the County Administrator may levy administrative charges for those complaints, as set forth in paragraphs (1) and (2) of this subsection which exceed the percentage levels specified in this subsection. (1) Failure to clean up $100.00 per incident per spilled Solid Waste location and Recyclable Materials after reasonable notice; (2) Failure or neglect $50.00 per incident per to collect Solid location. Waste or Recyclable Materials from àny premises at or within' the times specified within this Agreement; (8) For performance failures by Contractor as specified in paragraphs (1) through (6) of this subsection, the County Administrator may levy administrative charges as follows: (1 ) Failure to keep vehicles $1,000.00 per vehicle incident and equipment in good per day. repair and maintained in clean, safe, and sanitary manner; (2 ) Failure to have vehicle operators properly licensed; $1,000.00 per day per incident. (3 ) Failure to maintain $100.00 per day per incident. office hours in the manner specified in this Agreement; (4 ) Failure to replace or $25.00 per incident per repair any container location. damaged as specified in this Agreement; (5 ) Failure to file and keep $100.00 per day per incident. current all documents and reports required by this Agreement; (6 ) Failure to resolve any $25.00 per day per incident. complaint as specified in this Agreement; (C) The County Administrator may assess administrative charges pursuant to this section on a monthly basis and shall notify the Contractor in writing of any the administrative charges assessed and the basis for each assessment. In the event the Contractor wishes to contest such assessment, it shall provide written objections to each contested assessment and, within 5 days after receiving g:\atty\agreemnt\NonExclusiveCommSW Agmt -18- ~ 'wi notice, request in writing an opportunity to be heard and present its written defense to such administrative assessment. If the County Administrator and the Contractor can not agree on the contested assessment within 10 days after receipt of the Contractors written defense, the County Administrator shall forward the Contractors written objection and defense to the Board for consideration and shall notify the Contractor of the date on which the matter will be considered by the Board. The County shall notify the Contractor in writing of any action taken with respect to Contractors claims and the decision of the Board will be final administrative action. (D) The assessment of administrative charges pursuant to this section is a supplementary remedy and does not replace any other remedies available to the County under this Agreement, or otherwise, for failure of the Contractor to provide a high qualify level of service. SECTION 7.07. PERMITS AND LICENSES. The Contractor shall obtain, at its own expense, all permits and licenses required by law for its activities and maintain same in full force and effect at ali times during the term of this Agreement. . SECTION 7.08. WORKERS COMPENSATION INSURANCE. Workers Compensation coverage must be maintained in accordance with statutory requirements as well as Employers Liability Coverage in an amount not less than $500,000 per incident. SECTION 7.09. LIABILITY INSURANCE. (A) The Contractor shall, during the term of this Agreement and any extensions hereof, maintain in full force and effect general and automobile liability insurance which specifically covers all exposures incident to the Contractors operations under this Agreement. Such insurance shall be with a company acceptable to the County, in the broadest form available, in an amount of not less than $1,000,000.00 Combined Single Limit for personal injury, including death, and property damage liability and shall include, but not be limited to, coverage for premises/Operations Products/Completed Operations, Contractual to support the Contractors agreement or indemnity. All policies shall provide that insurance shall not be canceled, limited or non-renewed until after 30 days written notice has been given to the County. (B) Current certificates of insurance evidencing required coverage must be on file with the County at all times. (C) Contractor expressly understands and agrees that any insurance protection furnished by Contractor shall in no way limit its responsibility to indemnify and save harmless County under the provisions of this Agreement. Deductibles shall not exceed $10,000. As to the County's interest therein, no policy shall be invalidated by any act or neglect of, or breach or violation of any warranties, declarations or conditions by the Contractor or its agents, and such insurance shall be primary without right of contribution of any other insurance carried by or on of the County. Contractor hereby irrevocably waives all claims against the County for all losses of and damages to property or injuries or death to persons resulting from risks insurable under the insurance described above. g: \atty\agreemnt\NonExclusiveCommSW Agmt -19- \.I ~ SECTION 7.10. REPORTING REQUIREMENTS, BOOKS AND RECORDS. (A) In addition to any other requirements of this Agreement, the Contractor shall be required to file pertinent statistical and aggregate cost information pertaining to Solid Waste Collection Service and Recyclable Materials Collection Service that is requested by the County to comply with the provisions of Chapter 403, Florida Statutes, and other pertinent laws and regulations. (B) The County or its designee shall have the right to review all records maintained by the Contractor on 5 days written notice. (C) An annual audit of the Contractors gross revenues collected or received from its customers for Solid Waste Collection Service and Recyclable Materials Collection Service and the franchise fees paid to the County pursuant to Section 6.02 hereof shall be performed and a special report issued by an independent Florida certified public accounting firm acceptable to the County in accordance with generally accepted accounting principles and shall be delivered to the County at the Contractors expense within 120 days of the 12 month period ending the Contractors fiscal year. The Contractor shall establish and maintain at its own expense during the term of this Agreement a bookkeeping, accounting and record keeping system to facilitate the preparation of said audit and shall preserve for at least 6 years from the date of their preparation, full, complete and accurate books, records and accounts in accordance with generally accepted accounting principles consistently applied and in the form and manner prescribed by the County from time to time. Notwithstanding the foregoing, no annual audit or special report shall be required from any Contractor that is operating only as an Owner-Contractor. (D) If requested by the County Administrator, all information available to the County under this Agreement that is maintained by the Contractor on electronic media shall be transferred to the County on electronic media. SECTION 7.11. USE OF RECYCLED PRODUCTS. When available, the Contractor shall procure products or materials with recycled content with respect to work performed or products supplied under this Agreement. A decision to not procure such items must be based on a determination that such procurement is not available within a reasonable period of time, fails to meet the performance standards set forth in applicable specifications or fails to meet the reasonable performance standards of the Contractor or the County. On an annual basis the Contractor shall provide the County with a written statement indicating what recycled products were used or supplied in its performance under this Agreement. If a decision was made not to use recycled products, the Contractor shall provide the County with a written statement indicating the basis for the decision using the above criteria. SECTION 7.12. POINT OF CONTACT. All dealings, contacts, notices, and payments between the Contractor and the County shall be directed by the Contractor to the County Administrator unless otherwise specifically provided for herein. g: \atty\agreemnt\NonExclusiveCommSW Agmt - 20- '-' ..., SECTION 7.13. PUBLIC WELFARE. The County shall have the power to make changes in or to impose new and reasonable rules and regulations on the Contractor under this Agreement relative to the method of collection and disposal of Solid Waste and shall from time to time be necessary and desirable for the public welfare; provided, however, that for any such rule or regulation, the County shall give the Contractor reasonable written notice of any proposed change and an opportunity to be heard concerning those matters. The method of collection and disposal of Solid Waste and Recyclable Materials set out herein shall also be liberally construed to include, but is not limited to the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. The Contractor shall be reasonably and appropriately compensated as determined by the negotiation and agreement between the County and the Contractor for any additional services or other obligations required of the Contractor due to any modification in the Agreement under this section. SECTION 7.14. APPROVAL OF DISPOSAL SITE. All Solid Waste shall be hauled to a Solid Waste Disposal Facility operated, maintained or approved by the County. The County shall ensure there is a Solid Waste Disposal or Recycling Facility operated and maintained by the County. Any other facility must be in compliance with all local, state and federal laws. All Yard Trash collected by the Contractor shall be hauled to a facility authorized by law to accept Yard Trash. SECTION 7.15. INDEPENDENT CONTRACTOR. Nothing herein contained is intended or shall be construed as in any way establishing the relationship of co-partners between the parties hereto, or as constituting the Contractor as the agent, representative or employee of the County for any purpose whatsoever. The Contractor is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Contractor shall be solely responsible for the acts and omissions of its officers, employees, agents, or any permitted subcontractors. SECTION 7.16. LOCAL IMPROVEMENTS. County reserves the right to construct any improvement or to permit any construction in any street or alley, which may have the effect of temporarily preventing the Contractor from traveling his accustomed route for Collection. The Contractor, however, by an acceptable method, shall continue to collect the Solid Waste and Recyclable Materials to the same extent as though no interference existed upon the streets or alleys formerly traversed. This shall be done without extra cost to the customers. SECTION 7.17 TITLE TO WASTE. The Contractor shall have title to all Solid Waste upon its collection; provided, however, that the County reserves the right at all times to elect to hold title and ownership to all or a portion of the Solid Waste collected (except Recyclable Materials) by the Contractor pursuant to this Agreement. Such election by County shall be in writing signed by the County Administrator. SECTION 7.18. PROMOTIONAL REQUIREMENTS. (A) The County shall be responsible for the development and production of promotional material, including but not limited to brochures, radio advertisements and newspaper advertisements, to introduce the Solid Waste Collection Service and Recyclable Materials Collection g: \atty\agreemnt\NonExclusiveCommSW Agmt -21- "-' ..." Service. In addition, the County shall develop periodic promotional programs to encourage increased participation and enhance public awareness. (B) The Contractor shall insert an initial package of promotional material developed and prepared by the County in each Recycling Bin delivered to a Dwelling Unit. Thereafter at the Countys request (but not more than twice during each calendar year), the Contractor shall insert packages of promotional material developed and prepared by the County on the doorknob of each Dwelling Unit then served by a Recycling Container. If the Contractor cannot obtain the access necessary to comply with the foregoing requirement, the promotional material must be distributed by an alternative method approved by the County Administrator. (C) The Contractor shall also distribute any promotional messages or brochures developed and prepared by the County in the same envelope as the customer bills; provided however, that such distribution shall not occur more than once during each calendar quarter. Within 30 days of the effective date of this Agreement, the Contractor shall provide the County with a sample of a customer bill and a reasonable number of days prior to the billing date that brochures and copy for promotional messages must be delivered to the Contractor. SECTION 7.19. CUSTOMER SERVICE AND SERVICE AREA DISPUTES. To the extent permitted by law, the County Administrator shall be responsible for interpreting this Agreement to resolve disputes that may arise hereunder. The parties agree that any decision rendered by the County Administrator in connection with such matters shall be final and binding upon the Contractor, the customer and the County. SECTION 7.20. OWNER-CONTRACTORS. Notwithstanding any other provision of this Agreement to the contrary, if the Contractor is serving as an Owner-Contractor, the County Administrator may waive or modify any requirement of this Agreement that is inapplicable or unnecessary due to the special relationship between an Owner-Contractor and its customers. ARTICLE VIII GENERAL PROVISIONS SECTION 8.01. NOTICE. All notices, requests, certificates, consents or other communications required or permitted hereunder shall be in writing and (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated or mailed by registered or certified mail, (postage prepaid, return receipt requested), to the parties at the following addresses: County: St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Chairman, Board of County Commissioners County Administrator County Attorney g: \atty\agreemnt\NonExclusiveCommSW Agmt -22- ~ ""'" Contractor: ABC Dumpsters 2533 SE Delano Road pt. St. Lucie, FI. 34952 Richard Sterl 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. SECTION 8.02. DEFAULT OF CONTRACT. (A) The County may terminate this Agreement, except as otherwise provided in this section, by giving Contractor 30 days advance written notice, upon the happening of anyone of the following e'vents: (1) If Contractor shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or (2) By order or decree of a Court, Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy law or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within 60 days after the entry thereof, any notice of cancellation shall be and become null, void and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; or (3) By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control or all or substantially all of the property of the Contractor, and such possession or control shall continue in effect for period of 60 days; of (4) If the Contractor is convicted or found guilty of a Public Entity Crime with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nob contendere, and is placed on the convicted vendor list pursuant to Section 287.133, Florida Statutes; or (5) The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or any of the rules and regulations promulgated by the County pursuant thereto or has wrongfully failed or refused to comply with the instructions of the County Administrator relative thereto and said default is not cured within 30 days of receipt of g: \atty\agreemnt\NonExclusiveCommSW Agmt -23- '-' ....,J written notice by County to do so, or if by reason of the nature of such default, and the same cannot be remedied within 30 days following receipt by Contractor of written demand from County to do so, Contractor fails to commence the remedy of such default within said 30 days following such written notice, or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within 30 days, and (b) that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time). No notice to cure a default shall be required if Contractor fails to perform under subsections (A) (1), (A) (2), (A) (3), (A) (4), (B) or (C) of this section. (B) Notwithstanding anything contained herein to the contrary, if the Contractor fails to provide collection service for a period of 5 consecutive scheduled working days, the County may secure the Contractors customer list on the sixth working day in order to provide interim collection services until such time as the matter is resolved and the Contractor is again able to perform pursuant to this Agreement. If the Contractòr is unable for 'any reason or cause to resume performance at the end of 15 working days, all liability of the County·under this Agreement to the Contractor shall cease and this Agreement may be terminated by the County. (C) Notwithstanding anything contained herein to the contrary, in the event the Contractor delivers Solid Waste to a facility other than the Solid Waste Disposal Facility designated operated, maintained or approved by the County, the County may secure the Contractors customer list and this Agreement may be terminated by the County. (D) Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event that Contractors record of performance show that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of County and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a habitual violator, shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The County shall thereupon issue Contractor a final warning citing the circumstances therefore, and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, County may terminate this Agreement upon the giving of written final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar clay following the date of the final notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said final notice, Contractor shall proceed to cease any further performance under this Agreement. (E) In the event of the aforesaid events specified in subsection (A), (B), (C) ,and (D) above and except as otherwise provided in said subsections, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the County under this 9: \atty\agreemnt\NonExclusiveCommSW Agmt -24- "-' -...tI Agreement to the Contractor shall cease, and the County shall have the right to collect on the full amount of the Letter of Credit or utilize the Performance Bond and shall be free to negotiate with other contractors for the operation of the herein specified services. For failure to perform, the Contractor shall reimburse the County all direct and indirect costs of providing interim collection service. The County shall tender to Contractor any funds drawn on the Letter of Credit and not used as provided herein. (F) The Contractor recognizes that the failure on the part of the Contractor to comply with the terms of this Agreement is likely to cause irreparable damage to the County and damages at law would be an inadequate remedy. Therefore, the Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Agreement by the Contractor, the County shall be entitled to an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys fees and costs incurred in obtaining said equitable relief until such time as a final and binding determinatìon is made by the court. The foregoing equitable remedy shall be in addition to, and not in lieu of, all non-criminal remedjes or rights which the County may otherwise have by virtue of any breach of this Agreement by the Contractor. The County shall be entitled to seek injunctive relief without the posting of any bonds or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Agreement. The County shall also be able to seek injunctive relief to prohibit any act or omission by the Contractor or its employees that constitute a violation of any applicable law, is dishonest or misleading. The Contractor expressly consents and agrees that the County may, in addition to any other available remedies, obtain an injunction to terminate or prevent the continuance of any existing default or violation, or to prevent the occurrence of any threatened default by the Contractor of this Agreement. SECTION 8.03. INDEMNITY. For the additional consideration of $10 and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the execution of this Agreement, the Contractor hereby covenants and agrees to defend fully, protect, indemnify and hold harmless the County from and against each and every claim, demand or cause of action and any and all liability, fines, cost, expense (including but not limited to reasonable attorneys fees, costs and expenses incurred in defense of the County, even if incident to appellate, post judgment or bankruptcy proceedings), damage or loss in connection therewith which may be made or asserted by the Contractor, the Contractors employees or agents, or any third parties (including but not limited to the County) on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with its performance hereunder, including, but not limited to, the usage of the County's Solid Waste Disposal Facility and for all claims and causes of action for violation of any permits, rules, regulations or due to the placement or disposal of any Solid Waste. At the election of the County, the Contractor shall contest and defend the County against any such claims of liability against the County, The County shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim to the extent it could financially affect the County. This indemnification shall also include any claim or liability arising from or in any way related to actual or threatened damage to the environment, pollution, agency costs of investigation personal injury or death, or damage to property, due to a release, alleged release, or improper handling by Contractor of Solid Waste regardless of the merits g: \atty\agreemnt \NonExclusiveCommSW Agmt _ 25- ~ ..",J of the claim. Only those matters which are determined by a final, non-appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Contractor shall be excluded from the Contractors duty to indemnify the County, but only to the extent of negligence of the County or such third party. For the purpose of this section, the term County shall be deemed to include the Board and its agents, employees and affiliates. For purposes of this indemnification, claims shall mean and include all obligations and representatives, actual and consequential damages and costs reasonably incurred in the defense of any claim against the County, including, but not limited to, reasonable accountants, attorneys and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The County shall have the right to defend any such claim against it in such manner as the County deems appropriate or desirable in its sole discretion. This indemnity shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. SECTION 8.04. CHANGE OF LAW. (A) The parties understand and agree that changes in law in the future, including, but not limited to, legislative, judicial or administrative changes, which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law. (B) To the extent that any current law or any law effective after execution of this Agreement is in conflict with, or requires changes in, the provisions of collection service or exclusive· rights set out in this Agreement, the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement as a result of a change in law. (C) Except as otherwise expressly provided herein, no remedy herein conferred upon any party is intended to be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. SECTION 8.05. APPLICABLE LAW, JURISDICTION AND VENUE. (A) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (B) The parties to this Agreement expressly consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the State of Florida, whether state, local or federal, and further agree that venue shall lie in St. Lucie County, Florida. SECTION 8.06. A1TORNEYS FEES. In the event of any dispute hereunder or of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any manner arising from this Agreement, the prevailing party shall be entitled to g: \atty\agreemnt\NonExclusiveCommSW Agmt - 26- \w.; ...., recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. SECTION 8.07. AMENDMENTS AND WAIVERS. No amendment, supplement, modification or waiver of this Agreement shall be binding unless executed in writing by all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, whether or not similar, unless otherwise expressly provided. Each such amendment, supplement, modification or waiver of this Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County. SECTION 8.08. ASSIGNMENT. No assignment or subcontract of this Agreement or any right occurring und~r this Agreement shall be made in whole or in part by the Contractor without the express written consent of the Board, which consent shall not be unreasonably withheld. Assignment shall include any transfer of 20% or more of stock or control in Contractor. The Board shall have full discretion to approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by the Contractor. Any assignment or subcontract of this Agreement made by the Contractor without the express written consent of the Board shall be null and void and shall be grounds to the Board to declare a default of this Agreement, and immediately terminate this Agreement by giving written notice to the Contractor, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all liability of the County under this Agreement to the Contractor shall cease and the Contractor shall be deemed to have failed to perform its obligations under this Agreement, and County shall have the right to draw and collect on the Letter of Credit or require performance or indemnification from any surety. In the event of any assignment with the consent of County, the assignee shall fully assume all the liabilities of the Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Agreement. SECTION 8.09 DISPUTE RESOLUTION. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Contractor and the County or the County Administrator. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. SECTION 8.10 MEDIATION. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the g: \atty\agreemnt\NonExclusiveCommSW Agmt -27- '-' ....J mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. SECTION 8.11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings negotiations and discussions of the parties, whether oral or written, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as specifically set forth herein. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ABC DUMPSTERS (~~/_~.J ~¿ £/L. ,&'fcù,- /x) ~-/~ BY:,~ Print Name: ß .f~f'·l g: \atty\agreemnt\No nExclusiveCommSW Agmt -28- // //.- .- ~",/,.. ....,¡ '-" 2- aD NAle, s. Co TIoIE 1101.10115 01" I~SU~"C. LISTeD BELOW IoIA.VE BEEN 'nUID TO THE '__URID H,AJÆD Aeova FO~ TIie JIIOIJCY ~IOD INDICATED. NOTWlTIoIS1'A~DfN& AHV fIIIQU~EhENT. TlItM 01\ CCNDmON 011 AHV C~TAACT OR OTHIIt ~ENT WITSoIIII!8ÞECT TO WNlOJoI T"IS CI!M1~T!! 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L Dl8liA8E - JOlIC" 1M'" · 0T141J1 IIII'!!ICI1fJ:l!Ø'~1IOI!I!LOCA1!M.~1 '/Ø~~""~"!r./I!lilGlr.lJlIIOï!IP4__ ROVIDED RJR IN SEmON . OZ ~§} r (aU. FLDIWJ~ iTATU'1U I THi usnD INSURANCE POLIcnSCS) MAY NOT E CANCELL.ED ON LESS THAN 30 DAYS WRITTEN NOnœ BY THE INSURER Ta THE DEPARTMENt ~ HIGHWAY WETY AND R V!HICW SUCH 30 DAYS NOTICE TO COI'4MENCE FROM THE DAn NOTICE IS RECEIVED BY THE DEPARTJIIENT EF: 1995 PETER81LT vtN'lXPAL£0X2SHJliJl' .. 1991 PETERBILT vtNl1XPAI.AOX1MNS02701 (NOT Ft)R taRE) lUDES LIABILITY/PIP COVERAGE LINCOLN '~31S5 DEPARTMENT OF HIHGW~Y SAFETY ,. MOTOR VEHICLES BUREAU OF IIIOTOR VEHIClES NtIL KIRkMAN IUlLDINC; ROOM All TALLAHASSEE. ~L 32399-0$28 IINOùLa AIfY (t 1HII AIIOYI DIIOItIIIID I'OUOI18 Bt CWlca&.UlÞ alFOlU TIll !IIPIItA'ftCIC DATI! 'fHI1ICCII. nfllMUlNO ,t1U1W' WILL IIM.YO" 1'0 WAIL ..!2- ClIVI WfUTTIH ~r:e 1'01o" C&lmI'Dl11! 1IOL*1WI8D TO"., LEI''!', lOT .AI,UIII '1'0 IWAIL eUCH ~ ItW.I.IIIJI'OR NO DI\.IfM11O' 0It LIAItLITY OF AIff J!N UPON nll'...uJt!R, ITS AGINTI Oft IUPRllllitA1IYQ. AU1HOIIZIÞ .....IaIITA1M Ifì.. A 'lu1 Zi ~ (II({ ACORD 25 (2001/08) CACOPtD CORPOItATION 1188 , ~ ~ ~ """ AGENDA REQUEST ITEM NO. C6 4- DATE: April 27, 2004 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Budget Resolution 04-137 for a $200,000 grant from the Florida Department of Environmental Protection (FDEP) for the River Park Marina. BACKGROUND: The grant funding is for constructed specified public outdoor recreation facilities and improvements consisting of fishing pier, mooring dock, canoe launch, observation platforms, picnic pavilions, boardwalk, and shoreline stabilization for the River Park Marina. Funds from this grant and the County's match will be expended over a three year period. The county's local match is $200,000 ($148,000 is budgeted in FY04, $50,000 will be budgeted in FY05, and $2,000 in in-kind services). FUNDS AVAILABLE: See attached Budget Resolution 04-137, Local match budgeted in 310002- 7240-562000-7601. PREVIOUS ACTION: 1). April 22, 2003 the Board approved submitting the grant application. 2). August 12, 2003 County Administrator signed a letter to the Florida Department of Environmental Protection (DEP) to accept a Land and Water Conservation Fund grant form the National Park Services. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 04-137 establishing the budget for the Florida Department of Environmental Protection for the River Park Marina. COMMISSION ACTION: D(1 APPROVED [] DENIED [ ] OTHER: Approved (5-0) NCE: County Attorney: .94 Coordination/Siqnatures J Y Management & BUdget:~urChaSing: Central Services: Finance: (Check for Copy only, if applicable) Orig Dept: PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. f 1(. t '-' ....., RESOLUTION NO. 04-137 WHEREAS, subsequent to the adoption of the Sf. Lucie County Board of County Commissioners budget for Sf. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant from Florida Department of Environmental Protection Land and Water Conservation Fund Program in the amount of $200,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Sf. Lucie County, Florida, in meeting assembled this 2ih day of April, 2004, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2003-2004, and the County's budget is hereby amended as follows: REVENUES 310202-7240-334715-7601 Dept of Env Protection $200,000 APPROPRIATIONS 310202-7240-562000-7601 Buildings $200,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes PASSED AND DULY ADOPTED THIS 27TH DAY OF APRIL, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY · I' '-' ...., AGENDA REQUEST ITEM NO. C-10 DATE: August 12, 2003 CONSENT [X REGULAR [ PUBLIC HEARING [] Leg. [ ] Quasi-JD. ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Parks & Recreation County Attorney. ~ O...íJ, Originating Dept. ~ Finance: (copie only): SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: APPROVED OTHER: PRESENTED BY: Peter Keogh Parks & Recreation Director Authorize the County Administrator to sign a letter to the Florida Department of Environmental Protection (DEP) to accept a Land and Water Conservation Fund grant from the National Park Service. Notice of State approval was received on August I, 2003. The letter of acceptance was due to DEP by August 8, 2003. Because the Board had no regularly scheduled meeting during this interim period, Board approval is being sought after the fact. Once the letter from the County Administrator is received by DEP, the grant application will be sent by the State to the National Park Service for federal approval. Federal approval is hoped to be received in September. Grant funds in the amount of $200,000, to be matched 1:1 by St. Lucie County, will fund the construction of a shoreline revetment, mooring dock, observation decks, fishing platform, picnic pavilions, canoe launch, and trail connection at River Park Marina. This competitive grant from the Department of Environmental Protection is similar in nature to FRDAP grants. However, the emphasis of this grant program is to improve or develop parks adjacent to water bodies. Because of its location next to the St. Lucie River, River Park Marina will be a positive site for the grant. A conceptual plan for River Park Marina was developed in 1998. The grant, if approved, will allow construction of many of the elements delineated in the 1998 conceptual plan. Multiple meetings have been conducted with the River Park Homeowners Association and they have voiced strong support for the plan. The plan and grant have additionally been presented to the Recreation Advisory Committee which has recommended submittal of the application. Funds from this grant and the County's match can be expended over a three year period. $148,000 is scheduled for Board approval in the FY04 budget. An additional $50,000 is scheduled for Board approval in FY05 budget. $2,000 in in-kind services will be utilized as match. Once approved, funds will be made available in Account 310002-7240-562000- 7601. The Board approved submitting the grant application on April 22, 2003. Staff recommends the Board authorize the County Administrator to sign the application for the Land and Water Conservation Fund grant CONCURRENCE: DENIED Douglas Anderson County Administrator Coordination/Signatures Mgt . Budget. ~ Public Work., Purchasing. Other, · 1· ~ ...; Department of ~ Environmental Protection Jeb Bush Govemor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399.3000 David B. Scruhs Secretary July 29, 2003 Mr. Bill Hoeffner, Grànts Writer St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: River Park Marina LWCF Application No. 379 DearM~~ On July 23, 2003, Bob Ballard, Deputy Secretary for Land and Recreation of the Department of Environmental Protection gave approval to award a $200,000.00 Land and Water Conservation Fund Program (L WCF) grant to St. Lucie County. If the grant is accepted, inform us in writing by August 8. 2003. If you will not use the entire grant amount, please inform us in your acceptance letter so that we may allocate the excess funds to other approved unfunded projects. We appreciate your cooperation returning the documentation requested in the Federal Application Requirements packet sent to you on May 12,2003. As Collier Clark explained to you earlier, these documents are required for federal approval of the application and would be needed by August 4. 2003. We hope to receive federal approval in September. Please note that project costs incurred prior to federal approval, other than pre-approved acquisition, will not be eligible for reimbursement. We look forward to working with you in securing federal approval of the application and seeing this worthwhile outdoor recreation project through to completion. If you have any questions or comments, please contact Collier Clark at (850) 488-7896. S¿rtM f It- Terri Messler, CPRP J~ Community Program Administrator Bureau of Design and Recreation Services Division of Recreation and Parks -. Mail Station #585 Enclosure TM/cc AUG - I 2C03 :__1 ; "More Protection, Less Process" i. ...--- c<... A:.:'~·/;~'~. O;:;=!CE 1 '-" ...., BOARD OF~OUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON August 4, 2003 Tem Messler, CPRP Community Program Administrator Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 3900 Commonwealth Boulevard Tallahassee- Florida 32399-3000 Re: River Park Marina LWCF Application No. 379 Dear Ms. Messler: I would like to thank the Division of Recreation and Parks for your favorable consideration of the River Park Marina L WCF grant application and for your decision to submit this project for Federal approval. St. Lucie County will accept the grant award of $200,000 should Federal approval be obtained. We appreciate the assistance your staff, particularly Mr. Collier Clark, has provided to us during the grant application process. We look forward to working with you to see this project to a successful conclusion. Sincerely, Douglas M. Anderson County Administrator Copy to: Board of County Commissioners Raymond Wazny, Asst. County Administrator Daniel Mcintyre, County Attorney Peter Keogh, Parks and Recreation Director Marie Gouin, OMB Director Donald McLam, Projects Manager JOHN D. DRUHN. District NO.1' DOUG COWARD. Disrricr NO.2' PAULA A. LEWIS. District No. J . FP.ANNIE HUTCHINSON. Disrrict NO.4' CUFF OARNES. Disrrict No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · FarT Pierce, FL 34982-5652 · Phone (772) 462-1450 . TDD (772) 462-1428 \ ~ ....., AGENDA REQUEST ITEM NO. ff5 DATE: April 27, 2004 REGULAR PUBLIC HEARING CONSENT [X) TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Inter-fund Loan from the General Fund Emergency Reserves (001) to North County Utility District - Capital Facilities Fund (479) and Budget Resolution 04-127 BACKGROUND: On February 3rd, 2004 and April 6th, 2004 the Board approved inter-fund loans from the General Fund Emergency Reserves into the North County Utility District ¡Capital Facilities fund for a total amount of $4,176,595. Specifically, the Board approved extending the current contract with Astaldi Construction Corporation for the installation of water and wastewater transmission lines from the existing Holiday Pines water and wastewater plants. The project includes engineering, plans, design, pennits, inspections, survey, as-builts, and installation. Transmission lines will extend approximately 7.5 miles at a cost not to exceed $2,692,800. The Board also approved the first and second payment requests to FPUA for the North County District's bulk interconnection with FPUA in the amount of$I,483,795. Staff recommends the Board approve Budget Resolution 04-127 to establish the budget for the inter-fund loan from the General Fund Emergency Reserves into the North County Utility - Capital Facilities Fund. The inter-fund loan will be repaid at an interest rate of2%. FUNDS AVAILABLE: See Attached Budget Resolution 04-127 PREVIOUS ACTION: see above RECOMMENDATION: Staff recommends the Board approve Budget Resolution 04-127 to establish the budget for the inter-fund loan from the General Fund Emergency Reserves into the North County Utility- Capital Facilities Fund. The inter-fund loan will be repaid at an interest rate of2%. COMMISSION ACTION: CONCURRENCE: Approved (5-0) Doug Anderson County Administrator ~] APPROVED [] DENIED [ ] OTHER: G:\BUDGET\ WPIAGENDA'SIAGENDA04\4'27INTERFUNDLOAN-UTIL.DOC \ t '-' "'" Coordination/Shm atures County Attorney: ~ , a9J Management & Budget: _~1}1illf1purchaSing: Utilitiesx ~ Other: Other Dept: Public Works: Finance: (Check for Copy only, if applicable) G:\BUDGE1ì WPIAGENDA'SIAGENDA041427INTERFUNDLOA N-UTIL.DOC '-' ..,.¡ RESOLUTION NO. 04-127 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption ofthe budget have become available in the fonn ofa $4,176,595 inter-fund loan (advance) from the General Fund to the North County Utility District - Capital Facilities Fund for the purpose of extending existing Holiday Pines water and payment to FPUA for the North County District bulk interconnection. WHEREAS, Section 129 .06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, in meeting assembled this 27th day of April, 2004, pursuant to Section 129.06 (d), Florida statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the County's budget is hereby amended as follows: REVENUES 479-0000- 387000-000 Advances In $4,176,595 APPROPRIATIONS 479-3600-563000-300 Improvements other than Building $4,176,595 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John Bruhn, Vice Chairperson Commissioner Cliff Barnes, Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson G:\BUDGElì WPIAG ENDA'SIAGENDA04\4'27INTERFUNDLOAN-UTILDOC \..f "-'" PASSED AND DULY ADOPTED THIS 27TH DAY OF APRIL, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGE1\WP\AGENDA'S\AGENDA04\4'27INTERFUNDLOAN-UTlLDOC \.f .~ ADDITION --= :.. ,/ 'I'. :-,,'>.J"::;. t":- I' ~ ITEM NO. RA1 - :J _ .- _ . . .. 1··'-'" .- -~..- -..... .-"." .,_.... DATE: February 3.2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS p~ P.M. Bowers Interim Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff recommends that the Board declare an emerQency and approve extending the current contract with Astaldi Construction Corporation for the installation of water and wastewater transmission lines from the existing Holiday Pines water and wastewater plants. Installation includes Masteller & Moller, Inc. engineering, plans, design, permits, inspections, survey, as-builts, and installation. Transmission lines will extend approximately 7 ;;; miles at a cost not to exceed $2,692,800. FUNDS AVAILABLE: The funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. (001-9910-599300-800 - General Emergency Reserves) . PREVIOUS ACTION: Board approved contract #C03-07-506 dated July 22,2003 between St. Lucie County and Astaldi Construction Corporation. RECOMMENDATION: Staff recommends that the Board declare an emergency and approve the piggyback contract with Astaldi Construction Corp. for the installation of water and wastewater transmission lines. Staff also recommends approval of interfund loan from the General Fund' to be repaid with interest at 2%. COMMISSION ACTION: 11 APPROVED o OTHER: o DENIED ----- /' /' Approved 5-0 o 9 sAnderson Cou ty Administrator "ts County Attorney: 'rn Originating Dept: )Y ~ Review and Approvals "Ð Management and Budget: ~ ~ Purchasing: o Other: o Other: nO .. ._ Q Finance: (Check for copy only, If applicable): Anyone with a disability requiring accommodations to attend this meeting shoutd contact the St. Lucie County Community Services Managerat 772-462-1m or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. '-' ...." UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners P.M. Bowers, Interim Utility Director M FROM: DATE: February 3, 2004 RE: North County Water and Wastewater Plant Line Extension BACKGRO U N D: The piggyback of the Astaldi Construction Corp. contract will allow for the extension of the existing Holiday Pines water and wastewater plants transmission lines. Attached is a letter confirming the extension of current contract pricing from Astaldi Construction Corp. Installation includes Masteller & Moller, Inc. engineering, plans, design, permits, inspections, survey, as- builts, and installation. Transmission lines will extend approximately 7 }2 miles at a cost not to exceed $2,692,800. RECOMMENDATION: Staff recommends that the Board declare an emergency and approve the piggyback contract with Astaldi Construction Corp. for the installation of water and wastewater transmission lines. ~. . I. . ~2/ø3/2eÐ4 11: 49 ,-,544232597 '...I ..to. ~ A Ref.: 2004/078 ASTALDI Astaldi Con.5truction Corporation PAGE 62/63 St. Lucie County - Utilities 2300 Virginia Avenue PO Box 728 Fort Pierce, Florida 34982-5652 . P.M. Bowers Assistant Public Works Director 772-462-1150 772-462-1153 (fax) @co.st-Iucie.gov Date: February 3, 2004 Re: Unit Pricing Subject: Additional Work Dear Sir: Please allow this letter to confirm our agreement to ~xtend current Contract unit pricing contained within our Contract dated July 22" ,2003, # C03-07-506, between 51. Lucie County and Astaldi Construction Corporation to any and all work that is currently under discussion within 51. Lucie County. We confirm the following "budget" per lineal foot unit prices for the line sizes listed below: Unit pricing includes all pipe and appurtences, Directional Bores, Fittings¡.. Butterfly Valves/Plug Valves every 1.100 feet, Fire Hy-drants on Water Main every 92:> feet, aIr release varves at high points and at the end of directional bores, sample points, blow-offs, pavement restoration, seed/sod restoration, as applicable 6" Water Main 6" Force Main B" Water Main 8" Force Main 12" Water Main 12" Force Main 16" Water Main 16" Force Main 24" Water Main 24" Force Main $ 39.00 Per LF $ 43.00 Per LF $ 45.00 Per LF $ 49.00 Per LF i 55.00 Per LF 58.00 Per LF 75.00 Per LF 79.00 Per LF $ 95.00 Per LF $ 99.00 Per LF " ' .~2/Ø3/2f.B4 ASTALDI 11:49 . ~44232597 '-' ....., .~ . ! PAGE En/63 Engineering, plans. design, permitting, inspection, stake-out, survey and certified as-builts to be provided by Masteller & Moler. Inc. at the following "not to exceed" unit costs in addition to above pricing I Any permit costs and permit/application fees are not included in this pricing. 6" Main or less 8" Main 12" Main 16" Main 24" Main $ 6.00 Per LF $ 8.00 Per IF $ 10.00 Per IF $ 12.00 Per LF $ 14.00 Per IF Please call with any question. concerns or comments upon receipt. s~ Nicholas Fiduccia Division Manager 8220 State Road 84 Suite 300, Davie, Florida 33324 Telephone: (954) 423-8766. Fax: (954) 423-2597 '-' ""'" BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA February 3,2004 REGULAR AGENDA taff recommends that the Board declare an emerqency and approve xtending the current contract with Astaldi Construction Corporation for e installation of water and wastewater transmission lines from the xisting Holiday Pines water and wastewater plants. Installation includes asteller & Moler, Inc. engineering, plans, design, permits, inspections, urvey, as-builts, and installation. Transmission lines will extend pproximately 7:h miles at a cost not to exceed $2,692,800. - Consider staff recommendation to declare an emergency and approve the piggyback contract with Astaldi Construction Corp. for the installation of water and wastewater transmission lines. Work Authorization with Camp Dresser & McKee, Inc. for the site analysis of a future wastewater plant in St. Lucie County in the amount of $56,550. Consider staff recommendation to approve the Work Authorization. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community Services Manager at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. \w' · .. .. · · · · · · : Koblegard .. · · · · · · ... · ,.. . · · · · · · · : Johnston · · · · · · · · Jcd1nston Rd ... . · · · . · . ......................... urban service boundary Seminole Rd ,~ ,'-J :'" ·1.. .~ Kings Hwy _____r~yl.qr Qairy Rd Cf).. - ., . -- .,- - \.-.-'- .- - - .- .-' - -'" 2.~ II1s 1""'+ 12" - - - - .- '." - ',. ,- ~.- ..-:',:-..;- f water mair j. 1 ·t It /1 {l- / ~ j¿/!~i r c () CD 5th St I I I . I I I I I I I I I I I I I I I I I I I I I I I I Avenue : .....11-' , I I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I """ Rd Rd O ~~.."'. I -~":" ~.....~..':~'-,. . .... ~ ~ ..... ~ I I I I , I I I I I I I I ~ .."", AGENDA REQUEST ITEM NO. C, A ~ . DATE: April {())~C'O'-\ lI~~~~rrll;;;j~ i'! '-:\'1"/r'~l:-ot~ '"ê;Wt.ti' '~i5...f;ðo(-s~')~...~/i (-;.....(~. ....Î~.f....."' REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRE;rL P.M. Bowers Interim Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff requests approval of the first payment request to FPUA for the North County District's bulk interconnection with FPUA in the amount of $163,795. FUNDS AVAILABLE: The funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. (001-9910-599300-800 - General Fund Emergency Reserves) PREVIOUS ACTION: Board of County Commissioners approved the Bulk Utility Agreement with FPUA. RECOMMENDATION: Staff recommends Board approval the first payment request to FPUA forthe North County District's bulk interconnection with FPUA in the amount of $163,795. Staff also recommends the Board approve the interfund loan from the General Fund Reserves to be repaid with interest at 2%. RAPPROVED ~ OTHER: o DENIED COMMISSION ACTION: Approved 5-0 Do as Anderson County Administrator o County Attorney: o Originating Dept: ~b f_r Review and Approvals º Management and Budget: U!) fly¡ ¡vt(;f 0 Purchasing: o Other: 0 Other: o Finance: (Check for copy only, if applicable): Anyone wilh a disabilily requiring accommodations 10 attend this meeting should contact the St. Lucie Counly Community Services Manager at 772-462-1777 or ITO 772-462-1428, al/east 48 hours (48) prior to the meeting. '-' ,..", ITEM NO. 6b - .,.-: .--, AGENDA REQUEST DATE: April 20. 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS ~a:~ P.M. Bowers Interim Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff requests approval of the second payment request to FPUA for the North County District's bulk interconnection with FPUA in the amount of $1,320,000. FUNDS AVAILABLE: The funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. (001-9910-599300-800 - General Fund Emergency Reserves) .JREVIOUS ACTION: Board of County Commissioners approved the Bulk Utility Agreement with FPUA and approved partial payment of $163,795. ~~~fd RECOMMENDATION: Staff recommends Board approval the' payment request to FPUA for the North County District's bulk interconnection with FPUA in the amount of $1 ,320,000. Staff also recommends the Board approve the interfund loan from the General Fund Reserves to be repaid with interest at 2%. COMMISSION ACTION: þPPROVED 0 DENIED o OTHER: ~ounty Attorney: ,JJ.- !¥C>riginating Dept: 4 Review and Approvals ~anagement and Budget: M \"vì. nft~ 0 Purchasing: o Other: 0 Other: º Finance: (Check for copy only, if applicable): ',' \w ...." St Lucie County General Fund Emergency Reserves (001-9910-599300-800) Fiscal Year 2003-2004 Beginning Balance: $8,400,000.00 less: Interfund Loans: Port Utilities - Holiday Pines Utilities - North County District bulk interconnect wI FPUA Utilities - Contingent upon BaCC approval on 4/20104 - A1A to Taylor Creek - Taylor Creek to St Lucie Blvd - US1 to Rouse Road to A1A -$992,910.00 -$2,692,800.00 *** -$163,795.00 *** -$1,320,000.00 *** Sub total -$5,169,505.00 Ending Balance: $3,230,495.00 *** To be repaid by $7,600,000 loan to be received in 6-7 weeks. GenFundEmerRes04.xls 4/15/2004 ~. ....., UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: P.M. Bowers, Interim Utility Director DATE: April 20, 2004 RE: FPUA/North County District Interconnect Lines BACKGROUND: St. Lucie County Utilities is currently constructing the water and wastewater lines to connect the North County District to the bulk interconnect with Ft. Pierce Utility Authority (FPUA). The total estimated cost for FPUA to extend water and wastewater lines to the interconnect points with St. Lucie County is approximately $3,800,000, (the final cost will not be determined until construction is completed). Per the Bulk Utility Agreement, FPUA's standard policies would apply to the funding of water and force mains needed to serve St. Lucie County. This policy states that the customer (i.e., the County) pays for construction of the mains, but also includes an allowance for 60 percent of the construction cost to be credited against future connections. The cost ofthe mains will include engineering, permitting and construction inspection/administration services, which FPUA is currently providing for the mains on their side of the meter. The agreement also states that, "St. Lucie County shall share equitably with FPUA in the capital costs associated with the extension of new mains or oversizing of mains to the bulk metering points." All of these costs will be spelled out in each Board request as construction proceeds. All of the costs associated with the extension of lines to the North County District as well as this request for $1,320,000 will be a part of the Bond Issue supporting the distribution system. RECOMMENDATION: Staff recommends Board approval the first payment request to FPUA for the North County District's bulk interconnection with FPUA in the amount of $1 ,320,000. ~ FORT PIERCE UTILITIES AUTHORITY ...., "Committed to Quality" 113 N. Second Street (34950) Post Office Box 3191 Fort Pierce, Florida 34948-3191 Phone 772-466- 1600 Fax 772-489-0396 April 9, 2004 Mr. Mike Bowers, Interim Director St. Lucie County Utilities 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Project Estimates/Schedule/Capacity Dear Mr. Bowers: As requested during our March 30, 2004 meeting, Fort Pierce Utilities Authority (FPUA) has attempted to provide a list of the proposed projects and their corresponding costs to provide water and wastewater utility service to the north county area. Please note that many of these projects have not yet been designed. Therefore, construction estimates are conservatively high to account for the unknowns. Schedule Priority Project/Description Construction Capacity Estimated Costs Start 1 St. Lucie Blvd (2,400 ft of 12" WM) 4/04 Included in Item 3 $163,795 2 US 1 Force Main - A1A to Taylor Creek 4/04 -TBD $120,000 (1,600 ft of 16" FM) 3 Taylor Dairy Road-St. Lucie Blvd to 5/04 1,000 gpm @ 35 psi $100,000 Meter (1300 feet of 16" WM) (max flow @ min. pressure) 4 N. US 1 Force Main-Rouse Rd to A1A 5/04 330 gpm $1,100,000 (17,Oœ ft of 16" FMì 5 Taylor Creek to LSA (7,400 ft of 16" FMI TBD TBD $740,000 6 Taylor Dairy Rd - St. Lucie Blvd to Angle TBD TBD $300,000 Rd (5,100 ft of 12" WM) 7 Rock Road - Okeechobee to Research TBD TBD $280,000 Center (5,200 ft of 12" WMI 8 N. US #1 Water Main-Naco Rd to TBD TBD $995,000 Rouse Rd-Industrial Ave 3 to US 1 (10,300 ft of 12" WM-6,OOO ft of 16"1 -TBD=To Be Determined TOTAL $3,798,795 - - " , '.. ' . ~ ....,¡I Mr. Mike Bowers, Director Apri/ 9, 2004 Page 2 The improvements outlined above will also provide the initial services to the western area (Okeechobee Road). However, these improvements are limited for wastewater services and additional improvements to the wastewater systems along Rock Road, Orange Avenue and Moores Creek will be required. FPUA is presently evaluating these improvements for right of way availability and ease of construction. We will also require flow projections from this western area to assist in pipe size selection and scheduling. Cost estimates for the additional Rock Road/Orange Avenue/Moores Creek force mains will be provided to you after sufficient design information has been obtained. As outlined in the Bulk Agreement (paragraph 3) the projects are to be constructed in accordance with the current FPUA Policies and Procedures. Per the attached Resolution 98-1, the county will bear the full cost to construct these projects and sixty percent of that cost will be credited against future capital improvement charges. This could represent approximately $2,280,000 in capital improvement charge credits for these projects. As the overall County/FPUA bulk service needs continue to develop and define themselves, FPUA will be able to more closely define and identify the specific costs and construction schedules. We look forward to working with your staff on this exciting project. Sincerely, /jt/~#~ William G. Thiess, P.E. Director of W NVW Systems WGT/fkm Attachment pc: Elie J. Boudreaux, III, P.E., Director of Utilities Curtis Morris, Superintendent, W/RWN.JW OPS David A. Mellert, Environmental Engineer l:ICorrespondenceI04-09-04 Itr 10 M Bowers re' projecl eslimaleS.doc ....,., /' \w ~ ITEM NO. 7 - ..... -.._....' .- C. ._. .. ~.' ~_...".._,..." .._,',',_-,'.,0'" ,'.. " '". .-." -- . .." ---~-' -~- . .. .. _"""'·»""-_~'_._,·,··:."·_,·..:·<,,,__;...-··.;:-.<_~·O·.'·'_.';,."--,,.;..'.,_.. _-,...,' '-,' ''''''.0''',,-_ _',-," ·V· DATE: April 27. 2004 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS p~~ P.M. Bowers Interim Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff requests approval for Howard C. Osterman, Inc. to provide Utility Consulting Service in connection with the North County Utility District in the amount of $75,000. FUNDS AVAILABLE: Funds will become available in 471-3600-531000-300 - $30,000.00 Funds will become available in 471-3600-563020-300 - $45,000.00 PREVIOUS ACTION: Board of County Commissioners previous consulting agreement #C03-09-549 on September, 2003. RECOMMENDATION: Staff recommends Board approval for Howard C. Osterman, Inc. to provide Utility Consulting Service in connection with the North County Utility District in the amount of $75,000. 1# APPROVED -ð OTHER: o DENIED COMMISSION ACTION: Approved (5-0) Q County Alto...y, ~ o Originating Dept: ~ Review and Approvals Q Management and Budget, bed; 111~ 0 Purchas;ng, º Other: 0 Other: º Finance: (Check for copy only, if applicable): Anyone with a disabílity requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at/east 48 hours (48) prior to the meeting. .. '-' ...." UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners P.M. Bowers, Interim Utility Director~ FROM: DATE: April 27, 2004 RE: North County Utility District Consulting BACKGROUND: St. Lucie County Utilities is currently constructing the water and wastewater lines to connect the North County District to the bulk interconnect with Ft. Pierce Utility Authority (FPUA). In order to provide sufficient revenues, it is necessary to utilize special consulting. Howard C. Osterman, Inc. has submitted an estimate for the cost for developing new rates and miscellaneous charges to cover operating expenses/debt service in the amount of $20,000, development of connection fees in the amount of $12,500, the bond financing in the amount of $32,500 and for preparation of the new Uniform Extension Policy in the amount of $10,000. RECOMMENDATION: Staff recommends Board approval for Howard C. Osterman, Inc. to provide Utility Consulting Service in connection with the North County Utility District in the amount of $75,000. '-' ,,'-' HOWARDC.OSTERMAN, INC.. ' 54WOO,DS LANE .' 'BOYNTON BEACH, FL:33436 . .Tel. (561) 734-1043 Fa,x; (561)132-2086 ,-:';_:>',..,. '" ":.,,'<'.'>"'''','_'-'',._,,>-,,':~-,,ë...:,_,,_-..., ,1_> :'_'.,'..~ " ._p, ,i-,' ',.,.:...._',',_. . PU~~Ué1nt to your request weé1reforw~rdingtoyou inthis letter oUrprbpos~lforspecié11 utility con~ulti ng servicestp.St !-ù"cie GÒuntyUtì.lities~lftbisproposé1r'.iss(Jt¡sfactory to. you é1nd'the Board ofGou,nty Comrnissior:1ers' please ~xecutè th~sé1mêinthespaGe provldedbelow, " _ whereup·()nthisw~I'.. constitµte ·ttleag reement'Þ~tWe,én the; ul1dersignedançt. CºuntyJ.JtHities. _ .The propos~d s.etf9rth herein is outside the scope Qfourgenèralservic;escoosultingçàntract '~ndtheref()reis, the. subject of ø speéi~lconsultingagreerrierìt. .....' . -, . ,', ,.- -:. . ,- ~'- :,-',....- ,', '-;' ,'" '" J.. ~ ',. - :. <', ,', . " -. - 'y' ,.' " '" ' .. ',' " '- " :'._ c', -', ,,_," i ,_::-.,/.. '.- .,'"> " ,- ':-"':""_ . ,,~,:7'<;_ ,.,":'.. .,',">" .. ,..,'.:; ,<, We, propose' toassistintheprepatationofastudY.l~aQing toouréonc:Lusionsand . .recommendations. for. a nè~. r~te. structure fot the wateránd sewer utilities in the north . ~ Clistri.ct. The stqdy Will also include recom~e,ndations for the appr()priate,.service. charges . such 'as. rneter'installati9nfees, turn~onand turo'-offfees, I~techargés,and. siniilaranticipated tees, ~ridcharges._ . . "',." . . . '. ,; " '." . - ..... "'./" -.. .... -' -' ,- This propôsal and the services here unde,r are ¡".the nature ofutili,ty business' and feasibility serýice,s and win take into account thè impact On·customerscurrentlyex:istingand,the effect of" .such. .··ra.fe. S" on. .gr.o. wt., '.h a.n. d.nèw. C.us. tom..e. rs.. T.he. . propos. at in...c.lud.e.Sthe P.rese.nta. ~ion. of.. S.uþþort docurnentationand recommendations to the BOCG in connection with the public hearing. · . required in ,such matters: . .. .. . .. '.\.,r 'ttttIII FEËBÄSIS: . . , " , ',-' ...', - For the services oùtlinedâbove ourfee willbe the SUrTt ()f$20;OOO:OO; togetherwitl1aoy costs ".... ..' .. -- - -', .. .. _.': ..', .." -.' .. "-...." ..' ," .' '>" ." " .....' "," - '-'..' .. .. -': "~" .. .. ..' ", :', .... '- ;. , .. ...'...... '-,.. .~..: ,- -.... ,..." .. __ .. '. ",' - _ ," _ _ _, c .. or~nyexpeflses.p~rtaining to the"~xecution of théc()ntract.ltshquld bênoted that the.èontact amount does notinèludèthé services of the undersigned!n the area of àccounting,or utility ;I.éiwbutis lirnitedtothernattersseqor'thinthescopeabqvé.·· -.. ". .. ". ". . . Respectfullysl.Jbmitted,. . .'.. ' .. ...... ~ ....~..~. . ",', ,- ".. .- .., . _ =,-.' ',': " " :' .' ..', .., ,'".. '.,' "_0 _:..' .-'" '., ^',- , . -...... . ' ... .. -', .'. -..'. ' , ", 0 ...............>.. .....~ <.·....W~ ..<... . /HowardC.O,sterman.·.···· P[esiqent '~ ...." - . HO. WARD 'C...· OSTERMAN; INC.. , 54 WOODS-LANE -'. . BOYNTON BEACH, FL33436· Tel. (561) 734-104.3_ , ," "., Fax (561)732-2086 ',' , ' ~ .' " l' - . , , ,-. . -. , Mr. Mike Bowers" Acting Qirector St.· Lu.cie County! Utilities . . .2~90Vi,.giniaAVenùe . " , ...... Fort Pièfce; Flb,.ida34982 peàr Mr. Bówèrs: C" .,'_':', _ '", ~. .," '", . "'_ ", " '__'" ,.,', ",',',.,:_>.. _ ,'.':",':' ._. _ ,:"., ..... ".__.'_~'_>_. ','" ",; ',' '~".'.'-: __',_ Purs~antto.your req uest we are fo~ardingtó'yoúi:llth,i§ÎetteroUrpropbsalforspeciai .. utility consulting . services to $t: LucieÇauntyUtilities.]f this proposal is satisfactory to you and the Board ç( CO,unfY., CotTlrnissionersple.~se ex~cl:Jt~the~ame_irlthei~eace ... ." provided bel0\v' wt1f3rêupohthiswill éonstituté,theagrf3~meQtt>~tweet;l the undE!rsigned' . and.CountyÜtiliti~s.' The proposaì§etfdrthhèr~inisóutsidethéscope of ourgenetat services 'consultil'l9 contrac:tandtherEi!fore- is' the' sut>jeCt ofa'spf3c,ial consultíng . ,', ." - ',' '" 1 . ./ '. . . -, " ~:.' -', '." L', .. ',-, " ._, _ ¡'_ ,',' .agreement. . . . ., . SCOPE OF SERV'ICES: . .We þrôpose toassistin the preparatiorlof astudyleadingtóC()AClusions:arid recommel'ldations to amenc;i. af1d establish appropriate capital· orcònnec~ion charges,.asdeèm~dnèçessaryfoprôvide fortherecovery ofcåþital costs) . attributable to . each. unit of~èrVicè.·· We .willal~oa~!;i~tjn defining and' establishing guaranteed revenue 'chårgeswhièh are intended.torespo'nd. totnefixed and.non~ variable costs of holding andmaintain'ing unused plant faCÎ/¡ties until sJchtime as 'actúal custometsreq uiresuèhs~rVice.Elements.of guaran.teed rèvenuewiUinclude . debt service, . rellewal and replacement. andmåil1tenancec;osts. . . . . This próposarandthe' serviCes hereunder .are inJbenaWre-oftJtility·businessand. feasibilityservicès .and will take into accounttheeffect~uch rates.may have qJ1 growth and new customers. The proposal includes the presentation of support documentation and recommendationstothe BqCC inconnectiOI} with aoypublicheåring' reqÙired: '-' .' ,.,.¡ FEE BASIS: '.' . . ". . . . - - . . . .. - . . ,- , , - , ' . Forthe servièes outline~aboveourfee willbethé'sum of$12,?OO.OO~ogetherwithany' ,costs or "expenses.p(:}rtaining to; the'~~ecution of thé contract It should bef-loted théltthe çontrélctarnountdoes not include sèrvicesiil theareaofaccoÜnting or. utility law but is limited to the matters s.et forth in the. scope ,above. .. Resp~çtfú"y submitted, , - _ Howar'd,C; Osterman ,. '. '-', . "/',', -,', ';: ,'" ....... ," -' " ....~.......\..~ Howa~Šnn~nil~C' .. .... . Presídent · Apr 14 04 04: ' \w' ~ p.l HOWARD C. OSTERMAN. INC. 54 WOODS LANE BOYNTON BEACH. FL 33436 TEL (561)734-1043 FAX (561) 732·2086 April 15,2004 Mr. Michael Bowers, Interim Utility Director St. Lucie COunty Utilities . 2300 Virginia Avenue Fort Pierce. Fiorida 34-982--5652 Re: Utility Consulting Services-Bond Issue Dear Mr. Bowers: Pursuant to your request we are forwarding to you by this Jetter our proposal for speciaJ. utility consultingservicésto St. Lucie County Utilities. If this proposal is. satisfactory to· you and the Board of County Commissioners please execute the same in the space provided below; whereupon this win constitute the agreement between the undersigned and the County Utilities. The proposal set fòrth herein is outsjdethe scope of our general services.consulting contract and is therefore the subjèCtof this special consulting agreement. SCOPE OF SERVICES: We propose to ass,st in the preparation of a feasability study and forecasts of growth and operations in connection with the issuance ora 2004 Utility Bond Jssue Of. in similar fashion, used in connection with inteñm bñdge loan or note issue. We will provide supporting text in relation to the feasability forecast including such explanatory notes as may be. requÜ'edinany pñvate or public .dQcument We will further appear on the Counties beha1fbefore bank officla1s, bond rating agencies or Credit enhancers jn meetings designed lò iRustrate the utilities Cf~ worthiness_ We will furthermeet. at the request of your bond underwñter or financial adviser with any prospective purchaser of the security. .... . Rpr 14 û4 ü4:~' ..." p.2 T.his. proposal and the services to be provtded hereunder are in the nature of utifity business and feasabifity services and win take into account the impact on customers currerttly existing and proposed to be added to the system. Thîs proposal Is not imended to fumishtegat or accounting services. The proposaL includes appropriate preSentations and recommendations to the BOee in connection with any public hearing or meeting required in this [Qatter. FEE BASIS: For the services set forth above our fee wi" be the sam of $32,5:00.00 together with costs arid expenses necessarily incurred. If the county shoµld.not go forward with the financing described herein, then wewilf be paid the negotiated fee of $5,000.00 plus $200:00 per hour for time $pent on the project. Respectfully submitted, Howard C. Osterman, Inc. Approved and accepted S1.. luciT County Utilities by ~~~ Howard C. Osterman, President . , "'-" HOWARD C.OSTERMAN,INC. ,54 WOODS LANE BOYNTON BEACH, FL 33436 ~ Tel. (561) 734-1043 Fax (~61) 7~2-2086 'Pursuant tòyoúr' request'we are fOrWarcjing täyc)Uin<thisletter our proposålfof, specialutiljtyconsuJting services to St. Lucié County UtiJities.lf this proposal is' satisfactorytoYou.and .the'·Sôard. of.Commissionerspteaseexe~ute,the sªme in thesp,ace' provided below, whereupon this Wil/constitl.Jtethe?greerneot between ' , tþe und~rsignedandCöYr1ty'Utiliti(i!s; Tneproposal, se,f fQrth l:u3reiri isoutside'the scope ,of our general. serv~cesconsulting cÒntract amtthereforeis the ,subject 'of. a"· spec!al çOQsultingagreement. ,,' . " _~ .' ._ , - .. ' ' .. { : ,- .... .. .' .. _. .. " ..,' .', ' .'.' .-.' ,... ,L ." '._': .' .'.'.'.' .' :.: ..... _ , .' .'.' : We prqposetoassistin the preparation ofa newunifoff1Jextensionpolicy t9 .' cover the changed. circUmstances . in the~ North. Distrièt.·The' uriiformextension '.' 'policy wt" set forth. th~ complete relationshipbetweenbuilders.cjev~lop¢rs, and commmèrs,wjth the utility. The new dQcument,^,i1I cover rules, regulations and procedures affecting the r~ndering of serviCés. . ' , , '., 'This proposaland..the services.h~reunderare in the' nature. of utilitYbu~inessand feasability service~ an9 wiJItake into aècount the 'effect such extension policy will' have on growth and hewcustomers. It is anticípatedthat the, eXtensipnpolicy Will . .bepresented totheSOCC at a public hearing and this proposal. includes.. ..' participation 'at such..hearing.' It is recognized that sPf3cialutility attorney will have the primarY responsibility for the preparation of the uniform extension policy. therefore the services herein will be in'support of the attorney's effort providing . him with utility consulting services. '.. , ~ * ..." ~ "Y - . For thè .services·ôut1inedàbove..our fee Wi.n· be the surTl..of $tO,OÓÒ.OO,together·· wiJh· all}' co~tor expensespertainiJlg to theexec~iq~' of th~·c6ritract. Ushpuld . be noted thatthe' contract am()untdoes -,1otincludeQrimþly seniicesin. the. area . ()(accoµntingor utilitY law bUt is limited'tôthernâtt~rs'setf{)rth'ih'thescopé_ ·;-a·bove~ .', 'Äpproved årid,açcepted .. St.LLJcie- CountyÜtilitie~ by. ' ,. - . .- -.', - .- , f '-' AGENDA REQUEST ..""", ~ ITEM NO. c-8 DATE: April 27, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: CHANGE ORDER NO.3 TO CONTRACT NO. C02-07 -561 WITH NORMENT SECURITY GROUP, INC. ROCK ROAD JAIL SECURITY SYSTEM UPGRADE BACKGROUND: July23, 2002 the Board of County Commissioners approved Contract No. C02-07- 561 with Norment Security Group, Inc. for Security and Fire Alarm System Improvements and Replacements for the St. Lucie County Correctional Facility. Staff is requesting permission to increase the contract time an additional ten (10) days, thereby making the date of substantial completion May 2, 2004. FUNDS AVAIL: 316-1940-562000-26001 (Buildings) PREVIOUS ACTION: Board of County Commissioners approved Change Order No.2 to Contract No. C02-07-561 with Norment Security Group, Inc., on January 3,2004, Item No. c-12. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.3 to Contract No. C02-07-561 with Norment Security Group, Inc., to increase contract time ten (10) days for a completion date of May 2,2004, and authorize the Chairperson to sign the Change Order as prepared by the County Attorney. MISSION ACTION: it] APPROVED [] DENIED r] OTHER: Approved (5-0) CE: C'"O~ AItomo,' ~ Originating De;])~\..c...: Coordination/Signatures ou derson County Administrator Mgt & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGENDA-NORMENT CO-3.DOC r,_ _ .., ~ '''' ~ l' ~. ., ~ ':"":. ~- -- ~'!~ "!S~ '5"11.:"1 _ 1 , CHANGE ORD~ ST. LUCIE COUNTY ....., PROJECT; --: (narne, addreu) I -- -~----,-------- ------------------ CHANGE ORDER MUMSER: 3 IKK'K Rr.)AD JJ'~IL INiTiATlÛN DJH¡:' April. 15, 2004 SECURITY SYSTEMS UPGRADE TO (Contractor): Norment Security Group, Inc. 7255 Standard Drive Hanover, Maryland 2107ó CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C02-07-561 CONTRACT DATE: You are directed to make the following chanQes in this Contract: (Additional sheet attached as Exhibit A _ Yis <§ Increase in contract time to allow for an additional ten July 23. 2002 (10) days. ------ The original (Contract Sum) (Guaranteed Maximum Cost) was..... . ". . '. ...... " _..... $ 1,962.000.00 Net Change by previous authorized Change orders ..................................... $ 71,015.02 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order Was ....... $ 2,033.015.02 The (Contract Sum) (Guaranteed Maximum Cost) will be (increaSed) (decreased or changed) by this Change Order ....................................................... $ -0- The 0'" (COO,,.c' Sum) (Gua,.o,e.d Maximum Cost) Including Ihl, Change O'd., will "" $ 2 0 3 3 0 15. 02 The Contract Time wiU be (increased) CxI:2coasa!) ~kangaeri) by ( 10 , ÖayS The Date of SUbstantial Completion as of the date of this Change Order therefore is; '}... fH'!" Mé!Y <-, ..."'..:.... Funds Available: P.ccount Number 316-1940-562000-26001 The adjustment in Contract Price and/or Contract Time stated jf) this Change Order shall compnse the total price and/or time adjustment due or owed the Contractor fo~ the work or changes uefined in thiS Change Order. By executing ¡his Changû Order, the Contractor acknowJeuyes and agrees that the stipulated price and/or I¡me adjustments include Ihe costs and delays for al! work contained in îhe Change O,-der. 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 IJnder this Contract Signing uí ¡he Change Order consljlutes fujand mutual accord and satisfaction tor the adjw>tment in contract price or time as a result of increases or decrea$es in costs and firtle of performance caused directly ðnd indirectly from the Change Order, subject to the current scope of theentire work as set forth in the Contract Documents. Acceptance of this waiver const,tutes an !'!groement béfwc(Jr¡ the Coun!y and Contractor that the Change aider t~presem$ an equ¡labie adjustment to the Contract. and that Contractor will waive al/ rights to file a claim on this Change Order after it is prorerly execlJted A.1I wor!-; performed ü¡¡der !filS Change Order sha!! be performed in aCCordance wlt!l the contiacl specIfications. Recomml;'"d~d: Approved: Cëntr.al Servìces St Lucie County Department Rd·.Winter Park.Fl. 2300 Virginia Ave~Ft.Pi~~ce.F~.349B2 IJ "4 ¡\cdress ------.. .' /-/ / ---- ~ - ,L,_ h i ~...,,_,i , . ! i~~ ÅC~,'T"~...4.¿ ~-7-;<>:'- Dale ßy / ' Date Authorized: S¡. LULie COUflty: ;!~ÜO Virg!niaAve.. F!. Pierce, Fl34982 ..i'¡Ui men t Secur ~ tv COntractor 7255 Standard Dr..Hanover.Maryland Add~--: 1 J () ./~ í ){ ./( Jt}J.1 t;V[otJt....n -~1JJJJ(j4_ By Û Da~ Greun. Inc. ------ '-- By Approved as to Form and COfieciness -. .------ --.-~~------------- Date ------- WHITE - VENDOR GOLDENROD - FINANCE Count:;' Attorney GREEN - PURCHASING PINK - DEPARTMENT .-' \-,/ AGENDA REOUEST ITEMNO.~.9A Date: April 27, 2004 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Economic Development Council of St. Lucie County - 2003-04 Investment/Partnership Fee Contract BACKGROUND: See C.A. No. 04-588 FUNDS A V AIL. (State type & No. of transaction or N/A): Account No. 666-1515-5820000-100 (SLC Economic Dev Trust Fund/Economic Dev/Aid to Private Organizations) RECOMMEND A nON: Staff recommends that the Board of County Commissioners approve the proposed contact with the Economic Development Council of St. Lucie County, and authorize the chairman to sign the contract. COMMISSION ACTION: CONCU CE: it] APPROVED [] DENIED r] OTHER: --. Approved (5-0) County Attorney: ,~ Coordina tion/Sie:natures )< Mgt. & Budget Purchasing: '¡lOriginating Dept.: Other: Other: Finance (Check for Copy only, if applicable): '-" ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 04-588 DATE: April 19, 2004 SUBJECT: Economic Development Council of St. Lucie County - 2003-04 Investment/Partnership Fee Contract BACKGROUND: Attached to this memorandum is a proposed contract with the Economic Development Council of St. Lucie County for the 2003/04 investment/partnership fee. The amount of the fee remains one hundred thousand and 00/100 dollars ($100,000.00). The Council will use the funds in its efforts to facilitate economic development in St. Lucie County. The contract provides that these efforts will include contacts with businesses which may relocate to the County as well as support for existing businesses in the County. On or before November 1,2004, the Council will submit a report to the County analyzing its efforts to meet these goals and objections during the 2003/04 fiscal year. Funds were included in the 2003/04 budget for this expenditure. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed contact with the Economic Development Council of St. Lucie County, and authorize the chairman to sign the contract. Respectfully submitted, ~ðã Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Economic Development Manager Finance Director Management and Budget Director Contracts Coordinator 1 ~ ....., CONTRACT THIS CONTRACT, made this day of ,2004, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County," and ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE COUNTY, or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall pay the Council an Investment/Partnership Fee in the total amount of one hundred thousand and 001100 dollars ($100,000.00) for the period October 1,2003, through and including September 30, 2004. The County shall make one lump sum payment to the Council within thirty (30) days after this contract is executed on behalf of the County. 2. The grant shall be used toward the Council's costs in its efforts to facilitate economic development in St. Lucie County. The goals and objectives for the Council's economIC development efforts in connection with the grant shall include the following: A. The Council shall aggressively market relocation opportunities in the County to target businesses. To accomplish this goal, the Council shall establish a marketing program to seek these targeted businesses other than the Enterprise Florida program; B. The Council shall aggressively market the expansIOn of existing businesses located in the County. To accomplish this goal, the Council shall establish a system within the Business Retention and Expansion program to reach such businesses; and, 1 '-' .....,¡ " C. The Council shall improve communications between the Council and all levels of the County's elected officials and staff. The Council shall deliver to the County a final report on or before November 1, 2004, analyzing the Council's activities to meet such goals and objectives during the period October 1, 2003, through and including September 30,2004. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the terms and conditions of this contract, any money not so used shall be reimbursed to the County. 5. On or before April 1, 2005, the Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Council may submit qualifying paid invoices in lieu of a certified audit. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 2 ..." ""'" 7. The Council agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics produced by the Council to facilitate economic development in the St. Lucie County shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Council shall reimburse the County for all unencumbered funds or funds expended or encumbered in conflict with Council's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex, Room 300 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex, Room 306 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 To the Council: Economic Development Council of St. Lucie County. Post Office Box 880143 Port St. Lucie, Florida 34988-0143 3 - '-" ~ 12. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. 13. Except as otherwise provided, this agreement shall be binding upon and shall inure to the benefit of the parties. 14. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract 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 CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: 4 -- --- -... WITNESSES: g:lattylagreemntlcontractledc.04. wpd .......... - -- .." COUNTY ATTORNEY ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE COUNTY BY: NAME: TITLE: 5 -- - -- - y-, AGENDA REQUEST ITEM~O. C9B DATE: April 27,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Declaration of Surplus Property according to Ordinance No. 02-18 BACKGROUND: See attached memorandum FUNDS A V AILABLE: N/A PREVIOUS ACTION: June 18, 2002 - Board of County Commissioners adopted Ordinance No. 02-18. RECOMMENDATION: Staff recommends that the Board of County Commissioners declar~ the attached list of thirteen (13) parcels surplus and direct staff to proceed with disposal pursuant to Ordinance 02-18. COMMISSION ACTION: [.t APPROVED [ ] DENIED [ ] OTHER: Approved (5-0) Doug s M. Anderson County Administrator [X] C'""y A tto"ey,X Review and Approvals [ ] Management & Budget: [ ] Purchasing: [X] Originating Dept.: j~r.- [ ] Public Works Director: [ ] Finance:(check for copy only, if applicable) Effective 5/96 G:\ACQ\ WP\SURPLUS PROPERTIES\Phase 1 \Agenda Request.wpd '-' ." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: April 27,2004 SUBJECT: Declaration of Surplus Property according to Ordinance No. 02-18 BACKGROUND: On June 18, 2002, the Board of County Commissioners adopted Ordinance No. 02-18, which provides St. Lucie County with an alternative method for conveying real property owned by St. Lucie County. To dispose of real property owned by the County pursuant to this Ordinance, the Board must declare the property surplus. The attàched list of thirteen (13) parcels were conveyed to St. Lucie County by Tax Deed on August 29, 2002 and March 21, 2003. These vacant parcels are located throughout the County as shown on the attached map. The parcels range in size from .04 acres to .39 acres with a land value according to the Property Appraiser of $800.00 to $13,500.00. (Please refer to the attached Property Appraiser Property Record Cards). The Property Acquisition Division issued a memorandum to all departments requesting they advise if there was any interest for these parcels. No department expressed an interest in these parcels. Section 1-16.2-6, St. Lucie County Code and Compiled Laws requires notice be published in a newspaper of general circulation at least twenty (20) days prior to the Board of County Commissioners declaring properties surplus. On April 3, 2004, a Notice of Intent was published in the Fort Pierce Tribune (copy attached). ~ '..,.¡ Page 2 Declaration of Surplus Property according to Ordinance No. 02-18 RECOMMENDA nON/CONCLUSION: Staff recommends the Board of County Commissioners declare the attached list of thirteen (13) parcels surplus and direct staff to proceed with disposal pursuant to Ordinance 02-18. Daniel S. McIntyre County Attorney It G:\ACQ\WP\SURPLUS PROPERTIES\Phase 1\Agenda Memo.wpd \wf ....,¡ PROPERTIES TO BE DECLARED SURPLUS BY THE BOARD OF COUNTY COMMISSIONERS ON APRIL 27, 2004 Parcel I.D. Number Location Acreage Land Value 1301-615-0101-000/3 5109 Lasalle Street 0.34 $6,800.00 2404-710-0067-000/3 612 N 25th Street 0.14 $5,500.00 2404-810-0015-000/1 1504 A venue J 0.33 $5,200.00 2404-813-0011-000/2 606 N 14th Street 0.18 $2,300.00 2409-501-0050-000/4 526 Means Court 0.12 $10,900.00 2409-503-0033-000/5 434 N 15th Street 0.16 $2,100.00 2409-516-0043-000/8 324 N 12th Street 0.15 $2,400.00 2409-804-0003-000/0 1113 Orange Avenue 0.27 $13,500.00 2410-601-0119-000/7 806 A venue E 0.14 $2,000.00 . 2410-601-0140-000/3 713 Avenue E 0.11 $1,800.00 2420-601-0040-010/6 Cross Trails SID, South of Arnold 0.39 $6,200.00 Road, North of Rawlins Drive, East of South 37th Street and West of South 35th Street 2421-500-0061-020/5 Cortez Boulevard, East of 1700 0.04 $800.00 Cortez Boulevard and West of 1518 Cortez Boulevard 3420-560-0320-000/9 614 SE Majestic Terrace 0.28 $7,000.00 G:\ACQ\WP\SURPLUS PROPERTIES\Phase l\Exhibit for Agenda Item.wpd vur pIUS ~arcels - fJhase 1 Le\....., ~bject parcels o - x--..c.~~~. 4,. ~ 9,600 14,400 ~ Feet ,,~ w.' S Map prepared April 8, 2004 ~ _7.,\~.'\ . ~ \1301615010100031 ~o. 13 Fish House '?>' '3Cõ~ ~ ! ¡ ,~ \;.F 1~·. ~ j ~ i ~ W ~I~ .~ i-=tr~' o " :;,¡ ... iT me¡ ~";o ~ L ~ ~~ [h ~-.J f\"I\ -,,,",,ocmdFif" "' ~'. ~ ~. ~ """",- '...~ "\ ~ +-- ~ "'''''''''00", 1 ~\ ~ I 1 1\ "' \. Om"~ ..1,.."",,,,,,,,,,,,, rí "'''''''''''''''''' I. .ä t-- l ~ ~ ~.u. ì 240951600430008 I 'C EL f1¡Y I ~ . Bea;}' <p Pice Rd ! I ] ~ 1I ~ ~ ~ J \ì 240980400030000 I \. 'C \,¡ = .. r ¡ ~ """"",..".. 'in ~ L II A ¡i~M~ ~ó y- ~J Ed\ rd Rd11i-- 'I k-- b .)..... '%'ß o¥-eec'f\O ee ~ _ r Ü H '\......:: I LW- ~ -;)0- ~ V'-"" ~ k'C1~1:\ '{ ~:.,,;r , ~ 1/ ~~ I~ J. I:.. . µ~, ttt' ^., ( ~, ~ f-- ~ en ~ I I fJ- -l' ~~. I~/:: iñ I ~ 1 ~ :> ~ L / W ,..., R' 1 r- I., -.' oJ Ù '" ~ 1 r - /~\.~~-1v~'¡~ ~ - ~ff >:;1= ~ j. ~, (" /' L"Sn. ~\\ '\ --Y;b IYo u_ ~ ~ c;SI b IA~ '\ If' 1~~J""- j 'q"~ ~.¿u;{, d. 'rf1rŒ:ffij: ~{~ ta 0 0 .~ò ~ -6 q Rò\ -;) ~ -~~¡ f-. ú~,p d m-= ì J~~~l j c ~~TT "'''a~ L~~ nf~l~ '<"~'lJ to"" ~~/) ~ \~~~ ~~)I~ ~ ~ ~~ ~ J ~J·~t i) ;8tI:1 ¡?"I~~= "" 8 "\ 0. ~ 1 ~ Biv illl:::: ~~¡ ~~~i\ rn¡~ ~ ~ /~nç:u~~~ ~/~ M"::::f~~tt~~u~'I ~ 0,,1' l/~~ I V - 'tr\ œtrrr ~ ~~~ ~ .. ~;i aJ ~ ~ . ""'.,._'" I W."oo"'" ~, " r\t5 ~ ~""" '''1¡t\ ,~ "i!þl¡. ~ ~~I ~f.~~ ~;;,~ ITLß ~ Ii -r _ ..,,~ ~I ~:%\\J . ~~ \B-~"'\ ;¡; '" ~ ~ I '" ª c: o ûj c: .r o --, I 'C Ct: ,5 'Ë '" x o e m Property Apprais~" - St.Lucie County, FL ~ ...", Page 1 of 1 St Lucie County Record: 1 of 1 Property Identification PROPERTY RECORD CARD «Prev Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecfTown/Range: Map 10: Zoning: 5109 LA SALLE ST 13:34S:39E 13/13N RM-5 - CO ParcellD: Account #: Land Use: City/Cnty: 1301-615-0101-000-3 3748 Vac Res ST. LUCIE COUNTY Ownership and Mailíng Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982-5632 Legal Description LAKEWOOD PARK-UNIT 12-A- BLK 172S 1/2 OF LOT 18 AND ALL LOT 19 (MAP 13/13N) (OR 1677-2867) Sales Information Date Price Code Deed 3/21/2003 01 TO 5/23/1996 100 01 QC 1/211990 100 01 QC 9/1/1983 0 01 CV 9/1/1983 0 01 CV 9/1/1981 0 01 CV Book/Page 1677 1 2867 1021/1001 0722 1 0455 0410/1489 0410/1488 0362 12010 Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 6800 6800 o o 6800 Total Land and Building Total Land: 0.34 Acres Buildings: 1 Finished Area: 0 SqFt BUILDING INFORMATION o No Sketch Available Exterior Features View: ExIT ype: Grade: 8toryHght: Interior Features BedRooms: FullBath: 1/2Bath: %AlC: Roof Cover: YearBIt: EffYrBIt: NO.Units: RoofStruct: Frame: Prime Wall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHVFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type Y/S Qty. Units Qual. Condo Land Information YrBIt. No. Land Use OOOO-Vac Res Type 217 -Front Ft Measure 112.5 Depth 130 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.pas1c.org/PRC.asp?prc1id=130l6150l01 0003 4/9/2004 Property Appraiser - St.Lucie County, FL ~ Page 1 of 1 ..., St Lucie County Record: 1 of 1 Property Identification PROPERTY RECORD CARD «Prev Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: Secrrown/Range: Map 10: Zoning: 612 N 25th St 04 :35S :40E 24/04S ParcellD: Account #: Land Use: City/Cnty: 2404-710-0067-000-3 17405 Vac Res FORT PIERCE Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982 Legal Description ELDORADO SID BLK 3 LOT 11-LESS W5 FT- (OR 1677-2865) Sales Information Date Price 3/21/2003 10/1/1987 7/111987 2/1/1985 5/1/1978 20000 o o 3000 Code 01 00 01 01 00 Deed TO CV CV CV CV Book/Page 1677 I 2865 0560 / 2657 0550 / 0880 0460 I 0124 0288 /1805 Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 5500 5500 o 5500 o Total Land and Building Total Land: 0.14 Acres Buildings: 1 Finished Area: 0 SqFt BUILDING INFORMATION o No Sketch Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: Full Bath: 1/2Bath: %NC: Roof Cover: YearBIt: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHtlFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type Y/S Qty. Units Qual. Condo Land Information YrBIt. No. Land Use 1 OOOO-Vac Res Type 225 -Front Ft Measure 47 Depth 130 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www. paslc.org/PRC.asp?prclid=2404 71000670003 4/9/2004 Property Appraiser - St.Lucie County, FL "- ....,,; St Lucie County Record: 1 of 1 Property Identification PROPERTY RECORD CARD «~Prey Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecITown/Range: Map ID: Zoning: 1504 AV J 04:35S:40E 24/04G Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Av Fort Pierce FL 34982 Sales Information Date Price 3/21/2003 10/31/1990 100 6/1/1986 0 Code 01 02 01 Deed TO QC CV No Sketch A vaìlable Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: Full Bath: 1/2Bath: %AlC: Roof Cover: YearBIt: EffY rBIt: NO.Units: Electric: HeatType: HeatFuel: %Heated: Special Features and Yard Items Type YIS Qty. Units Qual. Condo ParcellD: Account #: Land Use: City/Cnty: 2404-810-0015-000-1 17820 Vac Res FORT PIERCE Page 1 of 1 Legal Description RE-S/D OF JELLlSONS SID BLK D LOTS 1,2 AND 3 (OR 1677-2869) Book/Page 1677 I 2869 0717 I 0799 0532/2819 Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 5200 5200 o 5200 o Total Land and Building Total Land: 0.33 Acres Buildings: 1 Finished Area: 0 SqFt Depth 107 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THiS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED BUILDING INFORMATION Land Information YrBIt. No. Land Use 1 OOOO-Vac Res http://www.paslc.org/PRC.asp?prclid=240481 000 15000 1 o RoofStruct: Frame: PrimeWall: SecWall: PrmlntWall: AvgHVFI: Prm.Flors: %Sprinkled: Type 210 -Front Ft Measure 135 4/9/2004 Property Appraiser - St.Lucie County, FL '-' Page 1 of 1 ...,; PROPERTY RECORD CARD St Lucie County Record: 1 of 1 Property Identification «~Prey Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecfTown/Range: Map 10: Zoning: 606 N 14th St 04:35S:40E 24/04H R-4 - FP ParcellD: Account #: Land Use: City/Cnty: 2404-813-0011-000-2 17873 Vac Res FORT PIERCE Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982-5632 Legal Description WILLIE JOHNSON SID BLK 1 LOT 9-LESS 14 ST RN-J- AND W 7.5 FT OF VAC ALLEY ADJ ON E (OR 1573-2085) Sales Information Date Price 8/29/2002 3/111985 2/1/1985 10/1/1984 1111/1977 o 23333 o 26500 Code 01 01 01 01 01 Deed TO CV CV CV CV Book/Page 1573 I 2085 0458/1215 0460 I 2889 0447/1644 0277 11677 Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 2300 2300 o 2300 o Total Land and Building Total Land: 0.18 Acres Buildings: 1 Finished Area: 0 SqFt BUILDING INFORMATION o No Sketch Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: Full Bath: 1/2Bath: %AlC: Roof Cover: YearBIt: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHtlFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type YIS Qty. Units Qual. Condo Land Information YrBIt. No. Land Use OOOO-Vac Res Type 210 -Front Ft Measure 50 Depth 158 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.paslc.org/PRC.asp?prc1id=24048l300ll0002 4/9/2004 Property Appraiser - St.Lucie County, FL ~ Page 1 of 1 ~ St Lucie County Record: 1 of 1 Property Identification PROPERTY RECORD CARD «Prev Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecITown/Range: Map 10: Zoning: 526 MEANS CT 09:35S:40E 24/09N ParcellD: Account #: Land Use: City/Cnty: 2409-501-0050-000-4 21076 M-F < 10U FORT PIERCE Ownership and Mailíng Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982-5632 Legal Description LINCOLN PARK NO 2 BLK 2 LOT 16 (OR 1677-2860) Sales Information Date Price 3/21/2003 7/111986 22500 Code 01 01 Deed TO CV Book/Page 1677 1 2860 0506 11679 Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 10900 10900 o 10900 o Total Land and Building Total Land: 0.12 Acres Buildings: 1 Finished Area: 600 SqFt BUILDING INFORMATION -,.- . Exterior Features View: Roof Cover: TG - Tar & Gravel RoofStruct: GA - Gable ExtType: MFH - M.F. LOW RIS YearBIt: 1946 Frame: Grade: E+ - E+ EffYrBIt: 1960 Prime Wall: AS - Alum Siding StoryHght: 0010- 1 Story NO.Units: SecWall: Interior Features BedRooms: 2 Electric: AV-AVERAGE PrmlntWall: PB - PANEL BOARD Full Bath: HeatType: AvgHtfFI: STD 1/2Bath: HeatFuel: Prm.Flors: DP - Double Pine %AIC: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type YIS Qty. Units Qual. Condo YrBIt. No. Land Use Type Measure Depth 1 0800-M-F < 10U 205 -Front Ft 43 120 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www. paslc.org/PRC.asp?prclid=240950 1 00500004 4/9/2004 Property Appraiser - St.Lueie County, FL \w PROPERTY RECORD CARD St Lucie County Record: 1 of 1 Property Identification Site Address: SecfTown/Range: Map 10: Zoning: Ownership and Mailing Owner: Address: Sales Information Date Price 3/21/2003 1/111900 «~Prey Next » 434 N 15th St 09:35S:40E 24/09N R-4 - FP ParcellD: Account #: Land Use: CitylCnty: ....., Spec.Assmnt Taxes Exemptions Permits Map 2409-503-0033-000-5 21355 Vac Res FORT PIERCE St Lucie County 2300 Virginia Ave Fort Pierce FL 34982-5632 Legal Description GOLDSMITH'S SID BLK 3 LOT 4 (OR 1677-2861) Code 01 Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: Deed TO Book/Page 1677 12861 I o BUILDING INFORMATION No Sketch Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: FullBath: 1/2Bath: %AIC: Roof Cover: YearSIt: EffYrBIt: NO.Units: Electric: HeatType: HeatFuel: %Heated: Special Features and Yard Items Type YIS Qty. Units 2100 2100 o 2100 o Total Land and Building Total Land: 0.16 Acres Buildings: 1 Finished Area: 0 SqFt RoofStruct: Frame: PrimeWall: SecWall: PrmlntWall: AvgHVFI: Prm.Flors: %Sprinkled: Condo Land Information YrBIt. No. Land Use OOOO-Vac Res Measure 48 Page 1 of 1 Depth 145 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED Qual. http://www. pasle. org/PRC. asp ?prc1id=2409 5 03 003 3 0005 Type 205 -Front Ft 4/9/2004 Property Appraiser - St.Lucie County, FL \wf '-' Page 1 of 1 5t Lucie County Record: 1 of 1 Property Identification PROPERTY RECORD CARD «~Prey Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecfTown/Range: Map 10: Zoning: 324 N 12th St 09:35S:40E 24/09N R-4 - FP ParcellO: Account #: Land Use: City/Cnty: 2409-516-0043-000-8 21612 Vac Res FORT PIERCE Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Av Fort Pierce FL 34982 Legal Description ME GOLDSMITH'S SID BLK 2 LOT 24-LESS BEG AT NE COR OF SD LOT RUN S 55 FT, TH W 70 FT, TH NEL Y 55.05 More... Sales Information Date Price 3/21/2003 1/111900 Code 01 Deed TO BooklPage 1677 I 2870 I Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 2400 2400 o 2400 o Total Land and Building Total Land: 0.15 Acres Buildings: 1 Finished Area: 0 SqFt o BUILDING INFORMATION No Sketch o Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: FullBath: 1/2Bath: %AlC: Roof Cover: YearBIt: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHtlFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type Y/S Qty. Units Qual. Condo Land Information YrBIt. No. Land Use OOOO-Vac Res Type 205 -Front Ft Measure 55 Depth 116.5 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.paslc.org/PRC.asp?prclid=24095l600430008 4/9/2004 Property Appraiser - St.Lucie County, FL \w "'" Page 1 of 1 St Lucie County Record: 1 of 1 Property Identification PROPERTY RECORD CARD «~Prey Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecfTown/Range: Map ID: Zoning: 1113 ORANGE AV 09:35S:40E 24/09S C-3 - FP ParcellD: Account #: Land Use: City/Cnty: 2409-804-0003-000-0 22622 Vac Comm FORT PIERCE Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982-5632 Legal Description T J O'BRIEN'S SID LOT 3 (UNREC CO NT 1982 WORK ROLL) (OR 1677-2862) Sales Information Date Price 3/21/2003 1/111900 Code 01 Deed TD Book/Page 1677 I 2862 I Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 13500 13500 o 13500 o Total Land and Building Total Land: 0.27 Acres Buildings: 1 Finished Area: 0 SqFt o BUilDING INFORMATION No Sketch o Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: FullBath: 1/2Bath: %NC: Roof Cover: YearBIt: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHtlFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type YIS Qty. Units Qual. Condo land Information YrBIt. No. Land Use 1000-Vac Comm Type 225 -Front Ft Measure 50 Depth 235 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www. paslc. org/PRC. asp ?prc1id=24098040003 0000 4/9/2004 Property Appraiser - St.Lucie County, FL '- St Lucie County Record: 1 of 1 Property Identification «Prev PROPERTY RECORD CARD Spec.Assmnt Site Address: SecfTownlRange: Map ID: Zoning: 806 AV E 10:35S:40E 2411 ON R-4 - FP Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982 Sales Information Date Price 312112003 101411996 4110/1996 10/30/1995 111/1993 9/1/1979 Code 01 01 01 01 01 00 Deed TD QC QC QC QC CV Book/Page 1677 / 2866 1040 / 2967 1040/2966 0977/2521 0888 /1965 0315 /2939 100 100 100 100 25000 Next » Parcel/D: Account #: Land Use: City/Cnty: ~ Taxes Page 1 of 1 Exemptions Permits Map 2410-601-0119-000-7 23231 Vac Res FORT PIERCE Legal Description FEE AND MAY' S RE-S/D BLK I S 119.5 FT OF LOT 4 (MAP 24/1 DC) (OR 1677-2866) Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: BUILDING INFORMATION No Sketch Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: Full Bath: 1/2Bath: %AIC: Roof Cover: YearSIt: EffYrSIt: NO.Units: Electric: HeatType: HeatFuel: %Heated: Special Features and Yard Items Type YIS Qty. Units Qual. 3CNT - 3CNT S 2 AV 2000 2000 o 2000 o Total Land and Building Total Land: 0.14 Acres Buildings: 1 Finished Area: 0 SqFt o Land Information Condo YrBIt. No. Land Use AV 1930 OOOO-Vac Res RoofStruct: Frame: PrimeWall: SecWall: PrmlntWall: AvgHtlFI: Prm.Flors: %Sprinkled: Type 205 -Front Ft Measure 50 Depth 119.5 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO SE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.paslc.org/PRC.asp?prclid=24l 060 1 0 1190007 4/9/2004 Property Appraiser - St.Lucie County, FL ~ # ..., 5t Lucìe County Record: 1 of 1 Property Identification PROPERTY RECORD CARD «Prev Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecITown/Range: Map 10: Zoning: 713 AV E 10:35S:40E 24/1 ON R-4 - FP Parcel/D: Account #: Land Use: City/Cnty: 2410-601-0140-000-3 23251 Vac Res FORT PIERCE Ownership and Mailing Owner: Address: Page 1 of 1 St Lucie County 2300 Virginia Ave Fort Pierce Fl 34982 Legal Description FEE AND MAY'S RE-S/D BlK K lOT 7(MAP 24/10C) (OR 1677-2858) Sales Information Date Price 3/21/2003 12/29/1997 111611996 4/111985 Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 1800 1800 o 1800 o Total Land and Building Total land: 0.11 Acres Buildings: 1 Finished Area: 0 SqFt Code 01 01 01 01 Deed TO QC AA CV Book/Page 1677 I 2858 1118 I 2440 0995 I 0639 0462/1531 100 8000 10100 BUILDING INFORMATION No Sketch o Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: Full Bath: 1/2Bath: %AJC: Roof Cover: YearBIt: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHtlFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type YIS Qty. Units Land Information YrBl1. No. land Use 1 OOOO-Vac Res Qual. Condo Type 205 -Front Ft Measure 50 Depth 100 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT iT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT iT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.paslc.org/PRC.asp?prc1id=241 060 1 01400003 4/9/2004 Property Appraiser - St.Lucie County, FL '- Page 1 of 1 ....,J PROPERTY RECORD CARD 5t Lucie County Record: 1 of 1 Property Identification «~Prey Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecITown/Range: Map ID: Zoning: TBD 20:35S :40E 24/20N RM-5 - CO ParcellD: Account #: Land Use: City/Cnty: 2420-601-0040-010-6 27799 Vac Res ST. LUCIE COUNTY Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982-5632 Legal Description CROSS TRAIL SIO BLK 3 E 1/2 OF TRACT MARKED LOW GROUND (0.39 AC) (OR 1677-2859) Sales Information Date Price 3/21/2003 1/1/1900 Code 01 Deed TO Book/Page 1677 / 2859 / Assessment 2003 Val: Assessed: Ag.Credi!: Exempt: Taxable: 6200 6200 o 6200 o Total Land and Building Total Land: 0.39 Acres Buildings: 1 Finished Area: 0 SqFt o BUILDING INFORMATION o No Sketch Available Exterior Features View: ExtType: Grade: StoryHght: I nterior Features BedRooms: FullBath: 1/2Bath: %NC: Roof Cover: YearBI!: EffY rBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electri c: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHtlFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type Y/S Qty. Units Qual. Condo Land Information YrBIt. No. Land Use 1 OOOO-Vac Res Type 519 -Acres Measure 0.39 Depth THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.paslc.org/PRC.asp?prclid=242060 1 00400 1 06 4/9/2004 Property Appraiser - St.Lucie County, FL \.., Page 1 of 1 ...J St Lucie County Record: 1 of 1 Property Identification c.or+-e.z. 'ßDvllevG\.1'"d Site Address: TBD . SecITown/Range: 21 :35S :40E Map ID: 24/21N Zoning: PROPERTY RECORD CARD «Prev Next» Spec.Assmnt Taxes Exemptions Permits Map ParcellD: Account #: Land Use: City/Cnty: 2421-500-0061-020-5 28096 Vac Res ST. LUCIE COUNTY Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982-5632 Legal Description MARAVILLA SID E 8 FT OF W 20 FT OF LOTS 48 AND 50 (DB 229-114: OR 33-181) (OR 1573-2087) Sales Information Date Price 8/29/2002 1/111900 0 Code 01 Deed TD Book/Page 1573 I 2087 I Assessment 2003 Val: 800 Assessed: 800 Ag.Credit: 0 Exempt: 800 Taxable: 0 Total Land and Building Total Land: 0.04 Acres Buildings: 1 Finished Area: 0 SqFt BUILDING INFORMATION o No Sketch Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: Full Bath: 1/2Bath: %NC: Roof Cover: YearBIt: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHtJFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type Y/S Qty. Units Qual. Condo Land Information YrBIt. No. Land Use 1 OOOO-Vac Res Type 210 -Front Ft Measure 8 Depth 200 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.paslc.org/PRC.asp?prclid=242l5000061 0205 4/9/2004 Property Appraiser - St.Lucie County, FL '-' Page 1 of 1 ..." St Lucie County Record: 1 of 1 Property Identification PROPERTY RECORD CARD «Prev Next » Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecITownlRange: Map ID: Zoning: 614 SE MAJESTIC TERR 03 :37S :40E 44104N RS-4 - PSL ParcellD: Account #: Land Use: CitylCnty: 3420-560-0320-000-9 58352 Vac Res PORT ST. LUCIE Ownership and Mailing Owner: Address: St Lucie County 2300 Virginia Ave Fort Pierce FL 34982-5632 Legal Description PORT ST LUCIE-SECTION 13- BLK 491 LOT 16 (MAP 44104N) (OR 1677-2868) Sales Information Date Price 3121/2003 4/28/1994 5/1/1987 3/1/1980 100000 8900 4000 Code 01 00 01 00 Deed TO WD CV CV Book/Page 1677 / 2868 0898 / 0857 0548 /1 085 0328 / 0223 Assessment 2003 Val: Assessed: Ag.Credit: Exempt: Taxable: 7000 7000 o 7000 o Total Land and Building Total Land: 0.28 Acres Buildings: 1 Finished Area: 0 SqFt BUILDING INFORMATION o No Sketch Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: FullBath: 112Bath: %AlC: Roof Cover: YearBIt: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHtfFI: Prm.Flors: %Sprinkled: Special Features and Yard Items Type Y/S Qty. Units Qual. Cond, Land Information YrBlt No. Land Use OOOO-Vac Res Type 230 -Front Ft Measure 80 Depth 150 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www. paslc.org/PRC . asp ?prclid= 342056003200009 4/9/2004 ~ BEFORfTHE BOARDOF tOÚNtv COMMìŠsiöNERS'ì';.;;-ê:!'Þ'-,,1y ~ ,,:, ,,:T'L~;;#f6,~siÆ4,~;J;I{~)~i;~! r NOTIC!: IS HEREBY GIVEN that the Boaid"of iCouiiiy' Commissioilèrsof.St;;.tlJ . cie Co~ntý ,Flori~~, will cOnsid¡rd~,cI~r,iDq.J~e: fQII9Y"in,!fthirt~elÌ ;pn)Pßrtie surPI~~., _",',":',t ,"/ '_ "."".-::-:t- . ~.... _, ,', ':_,"':>"~'~"¡;~';'A:' .~:~~<_-_.'j_"",~:,,:,,~~:;:'f :~,?·'~.T7~·-·:·':~~~~"~_¡;::;,:~;:~_:!~~· 1:.· PÄROEL. :I}D.' .#" 1 3'Ò1 -61 ~-01 O'-OÕQ~i:~ìO~:¿:SÄ~LË: '~i~~~ÐJ~6~éYpÀF,{: . TJCULARLY DESCRIBED AS:.. LAKEWQOQ;:f'ARK UNit 1 ~ëA;-.'ßÇPC,IS~17Z, ; : SOUTH. 112QF' LOT 1 8 & 'ALL [OT..1 ~'ACcORDNGTO ,mE MAPiOR 'PLAT¡ , , THEREOF,;'AS"RECqRDED 'IN .. P.LAT:;B09~I~nn;eAGE'~5:0f·:¡:HE.e(JBLIGRE. :. '. CORDS OFS;r. LUPe cOUNTY, F,LÓRIDA. I)';.. ,'.''':J::~;'·d'y;s{"'' '';\W' ¿,,,,-w., ~ 2. PARCEL. to, . # 2404.710-0067'00013;,612N25TH'STREETi.MOREPÄATICIJ [ARLY DESCRIBED. AS: ELDORAD9"S/D}'~'.B¡;:OCI<X'LOT1 1; LESSWES'F 5 FT. ACCORDlt-IG' to! THE' MAp, ()R.';PIiA!,THERE9f.,- A?'·R.EGOflD~D'IN"eL:A1; BOOK 8, PAGE 2. OF THE: f'!JßPPflI;CQRD$t'Of.·'§T.:L:Uf:IEcCO\:!NTY. f.101;'l1: DA.';,':". . '" ~. : '.' ',' -'.:~_ :;.;-~;J1¡:-~i._;i~>:;·'.!.;.· ::}:.'_:~:i/::;;../t,".~;~~;~~:~<\..·¡:~;':~'~:': 3.. :PARCELI.D: #' 2404-81O:·00~5-oo0l1,.1504!AVENUE FMOREJ'ARJIÇl1I.AB W.DESCRI/3EDAS:RE-SlD ,OF JELLlSPNS~S/DitBLOGI(D, lOT&Ji 2.& ,'~f.A RECORDEDINPUBLIC RECORDS OFST¡WCIE COUNTV;, FLOfíIDA.ì,,,,~·J;:,,,y" '4..1'ARCEL I.D.# 2404-813-001 1.000t2;·'606riC14TH STREET,MORIFPÁRTICU LARL Y 'DESCRIBED AS: WILLIE JOHNSON S/Dr BLOCIÇ.. 1; LOT 9; LESS 1 STREET.RIW e...w7.5 FT.' ()FVAC;'¡\LLEY'AP~)'ON E,:",CQORPI['JG;¡;o.:T:8E .PLAT THEREOF, AS RECORDEPIN. P!AT:B091Ç,.8,'PAG,~~;jpF,. TJ1§~UBqÇ RECORDS OF ST. LUCIE COUNTY, FLORIDA. '.0':"...'> ,''V'",:", hi 5.· PARCEL 1:0. #-2409:501-0050-000/41'.526 MEANS COURT; MORE'PAR!lCU LARL YDESCRIBED AS:' ,LINCOLN .PARKiNO.ci2r.BLOC.K.2,lOT,. 16,.AGCOf!!). ~. ING TO THE PLAT,THEREOF;ASREQORDEDHNÞl.,AT'BOOK3,tPAGE'4"AND ! REVISED IN PLAT BOOK 4,'PA(>E'77j,'OF:THff,IJBJJC:RECPRD$'OF)~Trt\:lCI COI)NTY FLORIDA." I.. i- . . : ...,,.,.!,.' ,..,'"".. C 'C'"'' . j,'/.:' ,'i.";·.f" y'"I,,': 'V,, .6. ..j. PARCÉL: I.D.: #'2409'503-003Ú)óOi5',~4"r:rJ51'H STREET,: MOÁE".PÀRTíëû· '·,LA!!I. Y DESCRIBED' AS: . GOLDSMITH1SS/.D;·BLQCK: '3; : LOT 4;:A:ÇCORDING 'TO: rlotE p[A TTHEREOF; . AS. RE,CORDEIlIIlÌPLÀ T: BOQK. ~,~JAGE:4~:·0f; rHE ..PUBLlC RECORDS OFSLLµCIE-COUN'fYiFLOR.IDA;'\,·.;:'·'c'¢· ii' '/:.' ~':;i:\:: 7.· PARCEL. ;I.D;· #·2409-S16-0043:000/B,3?4NJ2TH. STREE-T,:MORË.PARTICU LARL.Y DESCRIBED AS: M: E.. GOL..DSMI¡¡:H'S'S/D, :B[OÇK '2;ntOT:'24<;"'L..ES. " BEG AT NECORNER:oF S/D·.LOT'.RQNS:/ô5'F,T..TH W.70 H,~TJ{'N~I.N55.0 / ·.F:T.;,:TI:IE 66.FT. TQ'PQB(OR:234,2$30hMCORDING Jº:JH.(Í'l:ÄT~T'i.~REOF.; AS RECORDED''iNPLA T 'BD,OK 2;'.I1A~~:~'9f. .1JW p~~Hlp.'~~Sç)RP$,¡~f.iSI ... lUCIE.CQ.UNTY, FLORIDA.. . . '.' . ". .'''' ,',..:"." .......,..,..,'''-""." .,,', ;,. 8.' PARCEL I.D.· #"2409'804-0003::000/0;,·11'1g',0RANGE:fAYEN'uE,MOffli·;PAR TICULAR1XDESCRIBEDAS! IT;';); " . ~SlD, 'LQT3(UNREG;.;CONT 198 .wORK ROLL). AcèORDING,';r(»THEc fLÁT THEREOF,AS;'RËCORDED ~~ó'kíóÀ ~,~O~, ~~'f:Þ.'~E ~rQ.~i}~:~\,,;, ,~~~~¡,:gN~Ji;~H~'~,ggeV~iiJ; 9.:PARCÊL'tD.:j, Û1o'-60f::oí,19':óoo1Î¡.ià .', ,OÉN'U.E,(;'·MQ "À~lçLJLÄf¡Œ' DESÇRIBEP'AS;.:' FEE'i,l~f\D MAY.'¡;!I¡;'!ìlD,'i3t:Oc;~~1. Spy' ;S'i3[:'QfTO . '4, ACCOBDIN.l3':TO·~"HE MAP 'OR'Pf!A~ŸHEREOF¡'I,\~tR .ED'· [N,. BOOK'3,!'A'ßE.'48,OF.JH~:PUBLIG'J'·SJ¡~!;u. . ,'. !\l.t'I.' ". , DA.' ......,.;,' '.; «".,..,. :",).. .:1.\ . ,'tJ,:'~¡ þ·¡¡.··X·· "'.'. 10.:.~'¡>ÄRCEdöJ. ·¡-·2410-6Òfi(!1;4óJ.. ~r:¡UE'!E;i;M" U(,I;>ESCRIi3EP AS.:,;FEE¡AN[)M!1" , .'. BLOC!<·K,JLi TGTHE'MAP,OR ,PLATTHER!:OF;'AS,'RE¢ . .,Pl.,AT~BO, OF THE'PUi3l1CRßCORDS QF!ìTi;~I.JC!ÞqQ· i¡;"LOBr[)~~ '!J., ;, ,1kPARCEL ·1.D.·-#,2420·601-0.o4.o'.Ot.o/6.~ e. "'T:RAI~S,· $/!1;'~0.· R CNQLD ROADi'NORTlf OF,':RAV\lLlNS:,DRIV ,F,$QUTIjli37L.._ EE. A~D WEST'QF . SOUTH "35THcSTREE· RTICt:J~RVYhDES0RIBE AS:<CROSS'TRAIl:S/D,BlQ,ÇK'at , Fi TRACT MARKED:'~OW GROUND/ACCORDING TO THErMAP ..... .THEREQ,F'· CORDEq'IN' ~ta~18gP~,:}?ftG,73!Í;q,;f,J~::~Y~~'~~7:~~t§~:~~¡;; ~;;'c;, , , ~.,.,,;~fg~~~~ :; 12: PARCEL .I.D.. #,Z421 ,500;.oQ61 ,02015irç:;qR:rE~iE.IQLJLE.vA'f!prð::;h.ßE.Q ,1700 CORT,EZBOULEVARP AND WESJ;OU518 ..cORTEZ/3QULEVARD, ; MORE PARTICULARLY DESCRIBED,As;.,,, MABAYIL\.A."S!O,iiE·.à:41;'1;;<Q.F:.W·20 " FT: QF'I.OTS 48.& 50, ACCORDING. TO THE"PLATTHEREOF, AS RECORDED, iN' pLAT BOOK 7, PAGE .31 OF THEPQá(IC,RECQRDS.OFST.';'L{¡¡CIE, COUN 'J. TY .FLORIDA. .' .... ..' .."",....... ..·····.-,·."·'r""'..',.·'^",,····è·''':''';''i"'·''''''',,··,; '_.M. ., 13..' PARCEL I:D. #3420-5SO:0320::OÒÒ/9~ 6;.fl.~:MÄJ$STlè''$RÀÃCÉ,;;rv;o'fÎË·· PARTICULARLY DESCRIBED AS:¡ PORTSI!·¡LWCIESECTION'¡I3, BLOCK'491i ,LOTi'J6,ACGORDING.T01;HE:MAÞ.OR'BLAm'ítHEREOJVA~).RÈ '. . N 'PLATBOOK13,PAGES4;;4Þ;;THROU' . THE~µBLHC':R F . ST. LUClgÇ~~NT'T',FL~~IDA·'W.'JC;!~!- ..' , .;f>':~t¡.~.~;¡i, TÞeBoá:rd."';ilj¡onsiøer¿¡~çl~·d~~Mh~:. '.' º ~:JHoP~i.Ù!l~~:'·... s regular íneetingori 'Tuesday; 'the, 27thd!l',0!'!'-prii; 2OQ~ ~t9:opa.m;,~~.~: soor¡JÞerea~er,ªstl'lernªt!er. maybjþeardl.n ~h.e St.J;UÇIJ;;'Op'nty,Gº,:)'1t1!I~ " sion Chamb~r.s.~~ theSt"Lu~ie.Çounty, A.~IYI!n.i~~ªtjo~,.~pil~i.nJ1:;h:'?Q.~,~BtTh~~~ Floor, 230.0 VirglmaAyenû!i, For:! PI¡!OE!, Flontlll.;,>..,.,. ')·f<·;;";'.tI;·,Ç;;·,~; 'I' O.bjectionsto the" declaration ótJhe 'þropertièsàs',surplus prope\1Y,shall :be: ,i ·writirig, addressed to Douglas.Ar¡der.sor¡i' CounN,AdmÎl1istrator;dlo. .atef t~¡jn ·ten (1Ø) days prior to the· hearing andwiU be. given to :,the 'Boar.d:.Ç>f.<;-oui1ty . Commissioners prior to making its final dec!~i()n..·,.J,' ';t,.. " ...> f'..,:> ; .,.' ,. If anypersonpecides .to appeaj;any ..deci~iof1A:na~e wit~,!,espeCt i.tOäl1Y matte ~onsiderjdafthe' meetings.or he~rin9s"ît·IiIÍY, bo.ar,d¡.éommittee, cpmmis- sion/agency"çouncilo(advisOìÝ:gr . Oil' will.. neédarecord.uf. th. ; proceedings~nd that, .for s.uch'purp()~~í 'd ioel1s.ure"1h.ata verb~til:n record of the proqeedm!ls Is<mad(¡.:whl. .. høuld·Jncl~iJe:,tl1e. tf!stimQ" ny and evide'i1cec uponwh,ièhtl1,e";:appé~f . d,,!,, t¡·!19i1.th~.;ff!qll~srÞ . any party :fO theproceedlngs;Jl1ífi"J.d\ili. \Jrl~g,a,.h~ar!ng·WIU :~. sworn in. Anyparty,to;the,proce . ·ted.·äilõ¡JþÒ'itunityxtÖ;} cross-examine.anyindivi¡jual.testifY,!11 p '¡~',,~; Aoyone·,withadisabilitY.Tequi~il]gi.. O' t!lJg" should'contact,the;SV!.:ù·èiß'>Coun f.. é' I . ,.. .... ." m21,1 462.1:7770(TDD(772)'~462:1~2.~::~t,,, . ~~):.'h~r~.w\?~!ot8i 'i 'm_eetlng " ,-,";. ", "'.: ",' ';'-':'- ",.J,,~, "*," ".,." _c--:1,": u',,,",::,;¡!,, :"~,.'i,.,,. THISN011CEEXECUTEDarid·datedfhis'2 ....... '" '" );2 't~n'1 ;gc':·o:,'~urnety}~A~.dtt'~o~rYn~e:yre" 'Ut '};'(,".f.t~.;!~;.:.:~~.'~:.I,,~,~.j~.r~';2; , . ~io~;J ~<:":< .::~,¡;;;~tJ;1 ...",; \t , 02..18 f f ...,.", .~ 1 j CJ ~ II "'" \.I ORDINANCE NO J, 02 -18 I AN ORDINANCE OF ïHE BOARD OF Co\JNTY COM/fIISSIONERS OF ST. LUCIE COUNTY'. FLORIDA. CREATING CHAtTER 1-11,.2. "PUBLIC PROPERTY'''. CREATING ARTICL1= I. ST. L~CIE COUNT'! CODE AND COMPILED LAWS. ENTIllED DISP SITION OF SURPLUS REAL PROPERTY': CREATIN!> SECTIO 1-11,.2-1. ENTITLED PURPOSE; CREATING SEcTI<\1N l-lb.2-~. ENTITLED DECLARATIOI\I Of SURPLUS PROPERTY' 1; ,CREATING \SEcTION 1- 16.2 _ 3. ENTITLED PROCESS BY WHIC INTERES-ry:D PERSONS MAY ACQUIRE SURPLUS PROPERTY': REATING SEcTION 1- 16.2-4. ENTITLED STANDARDS OF coMP TION AND NOTICE OF DISPOSAL: CREATING! SEcTIO 1-16.2-5. ENTITLED NeGOTIATION PROCEDURE~; CREATI G SEcTION 1-16.2-6. ENTITLED NOTIFICATIONi OF DISP sITION TO INTERESTED PARTIES; PROVIDING! FOR sE ERABILITY: PROVIDING FOR INCLUSION IN T..{E ST. LV IE COuNTY CODE: PROVII>ING AN EFFEcTIVE DATt. . \ , \ WHEREAS. se<:tion 125.35. Florido Statutes. governs \ the wO>! in which a county is permitted to sell or convey real propert~, owned by t~e county: and . WHEREAS. the Florida Legislature recbntlY amenJed section 125.35. Florida. Statutes. to provide counties with an alternative m~thod to selling and conveYing real property owned by the county: and I . WHEREAS. ti'le amendment to section 125.35. Floriba StatuteS allows counties to prescribe by ordinance disposition standards and procedu~es for surplus real property; and \ WHEREAS. the Board of County CommissIoners now lsires to enact such an .ordlnance and finds that such an ordinance I is in the b~st intereSt of the CitizenS of St. Lucie County. Florida.- NOW. THEREFORE. BE IT ORDAIN D by the Board of County CommiSSioners of St. !Lucie County, Florida, as foil ws: ;o-nC-l ro 1-"' 0 n'-:P o(t)Z -¡ Z c.:Z:fT\ roC c.s::t: ..0"0 oCDr a--¡3 ............ :D tv :z: a- ~ ,I',) 00(") l',)(.J'Ir rolT! -:¡ 7.! o.po.:><: -.0 a- .. 0 oo-n ro:;O --I r:o::t: o IT! o ;>o:;n ...... I-' :;0 U'ln .po. c:: U'I ...... --I -0 :Pn U10 ('TIC:: :;0 --I -.0 -:¡ I o Cf.) :P ...... ;z - ! ~ \w- ..., PART A. Recitals. The foregoing re~itals are tl1ue and correct and incorporated herein by reference. I PART B. Creation. Chapter 1-16.2 '!PUBLIC PROPERTY' is hereby created, Article I, $t. Lucie County Code, enti led Disposi1ion of Surplus Real Property of Chapter 1-16.2 is hereby created to r ad as follow~: ARTICLE I. DISPOSITION OF SURPLUS REAL PROP RTY Section 1-16.2 -1 Purpose. This Article i dis osition of sur lu Florida Statutes. Section 1-16.2 - 2 D~claration of surplus proper~ sur 2 o ::0 r:a o o ;:00:: I-'- (.11 .po. (.11 -0 :J> en rr1 ...0 -J I-'- I ~ '-' ..." which intereste ill int rested in t. ill the reason Qovernmental. etc.; ersonal charitable ill the propøsed purchase price; and if available the @ íQ} W The Count me on its own initiative following the standards of competition. Section 1-16.2 -4 St ndards of com etition and notice of d· 3 o ;::0 tI::' o o ::>'I:: ..... U1 .þ. U1 -0 :D U1 fT1 ...c -J N , I ~ '-' ~ íQ} Section 1-16.2-5 NeQotiation Þrocedures. fg) the Count factors: 4 a ::::0 r::c a a ;:00:: ...... U'I .þ- U'I -0 :I> G1 m -.0 -J t...I r-- - ----- - :1' ~ """" m The proposed use of the party seekin? to acouire the property. Florida. PART C. Severability . If any section, subsection, sentence, clause, phrase, wor or provision of this ordinance is for any reason held invalid or un onstitution I by any court of competent jurisdiction, whether for substantive, rocedural, r any other reason, such portion shall be deemed a separate, distinc and indepe dent provision, and such holding shall not affect the validity of the remaini1 portions of this ordinance. ! I I PART D. Inclusion in the Code. I I It is the intention of the Board and it is her by provide, that the provisions of Parts A and B of this ordinance shall be mad a part of teSt. Lucie County Code of Ordinances; that the sections of this 0 dinance ma be renumbered or relettered to accomplish such intention; and tha the word 'ordinance" may be changed to "section", "article", or other appropriat designation PART E. Filing by Clerk. The Clerk shall ~ile a certified copy of this ordinance w th the Department of State within ten (lQ) days after enactment. 5 o :::0 to o o :><:: ~ 01 .þ. 01 " ::I> û1 IT! ..0 -.::J .þ. This ordinance shall become effective inj¡mediately Uron filing w.},th ·:the /'~) Department of State. I. ,-." . ! ~ . ~ PASSED AND DULY ADOPTED this 18th dty of June, t~v''''..J.:-2,{t\~, BOARD OF 'I COUNTY ~~MISSroNERS ~', ~ 'I' " ATTEST: ST. LUCIE COUNTY, -FtORIDA >~. i~:·',~:~·- Q =1l:I- (2. ~,:~ Cha'man ; . .' .,. . I I -- ...... PART F. Effective Date. \ : 'L .- .- . ., A, \::.~' ~\. /~:~'.:;~'-;:'~:<:'''~ ;. \':I~~,\,.» "'-'.;'~ '. ..,~ ,.." ' ''ij\ . ¡ J~.. . ···..1\\. .."; l~~ ~IJ'" -,,'~ - '\' ....,. BY: BY: 6 .1 , . , "~ o ;:0 tJ::: o o :>0:: ....... U'I .þ. U'I -u :I> G') rrI "" -:2 U'I ~ '-' AGENDA REQUEST """" ITEM NO. 9C DATE: April 27, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel McIntyre County Attorney SUBJECT: Revocable License Agreement Holiday Pines Property Owners Association, Inc. BACKGROUND: The Holiday Pines Property Owners Association, Inc. has requested an "after-the- fact" Revocable License Agreement regarding landscape improvements and repairs to an existing irrigation system in the right-of-way of Indian Pines Boulevard. The Public Warks Department has reviewed the request and has no objections. Attached for your consideration you will find the "after-the-fact" Revocable License Agreement, sketch of the encroachment area and a request from Mr. Bob Bangert, spokesperson for Holiday Pines Property Owners Association for the "after-the- fact" Revocable License Agreement. FUNDS A V AILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the "after-the- fact" Revocable License Agreement with Holiday Pines Property Owners Association, Inc., authorize the Chairman to execute the Revocable License Agreement and direct Holiday Pines Property Owners Association, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Approved (5-0) o sM. Anderson County Administrator COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Review and Approvals [X] County Attorney: )1/ [X] Engineering: MVp> [X] Road and Bridge: ()JIf--' ,. [X] Publi, WO'b~' [X] Originating Dept: Jr'--f- Finance:( check for copy only, if applicable) Effective 5/96 G:\ACQ\ WP\Zelma\License Agreements\Ho1iday Pines\Agenda Request.wpd o i o f MILES I 1/-......J &Ìlo 1320 1980 2UO I FEET J INDIAN RIVER COUNTY w '" M ci z ':' en ~ M ..: ,. .... '< ~ ) \~\ ø -:z. 0 - ~ !) 4 ~ r \. ~ ~ ¿, ~ \~ \.~ ~t~ C.E. POTEA T COLONIA ACRES SID '-lQL!' \ 83.~2Ac. ... -).. ~~~ LITTLE 0' ~ ( PARKS Õ ~ ~OVE \'- 0. "- vã KENNEDY CRO\£S. INC. ~~u ....:~ ~ I':' ~ ~~- ~ ~ '~:~ ~....u....... (I: fa-.=:ò q ~~~; ~'~ ..--.. ,,, '--" . ~N Ù W -'" m I~ M N . I ..,N o '" z a: ;; § ~Ë -~ ~~~~I ~ ~ ;¡~ -:z. o - ~ 16 SLC PORT SLÇ PORT , .I< & .I< \ AIRPORT AIRPORT AIRPORT "- AU THORI TY AUTHORITY AU THORIT Y / , -î 3~ / 31.!=..!l' '.!.!.L§ ) ~06.36 Ac. 53.8 I At 16~.S3 Ac. ,) ø 199~. r\.ORIO... Pl" rs QUADRANT SEE PAClE 22 OF : SOUTHWEST 20 1 ¡ &280 INDIAN RIVER COUNTY d z 'F en .... M ..: ,. BIG .... STARVATION COVE .øP j¡ BOARD OF ~ TRUSTS OF Tl-iE U.T.F. OF FlORIDA IL. o ~ Ñ W '" C 0- W ... CO I- Z < a:: c < ;:) o u) ~ L ~ I- tJ < w :z: I- a:: o z TWP. 3.S.-RNG. .OE.: '-' ~ This instrument prepared by: Zelma Simpson under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce,Florida 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "COUNiY") and HOLIDAY PINES PROPERTY OWNERS ASSOCIATION, INC., a Florida Non-Profit Corporation, of 5804 A Indian Pines Boulevard, Ft. Pierce, Florida 34951, ("HOLIDAY PINES POA"). WHEREAS, the COUNiY is the owner of the property described as: FROM THE SOUTHEAST CORNER OF THE WEST t OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 34 SOUTH, RANGE 40 EAST, RUN NORTH 00 DEGREES 34' EAST 945.91 FEET; THENCE NORTH 89 DEGREES 26' WEST 1152.24 FEET; THENCE SOUTH 31 DEGREES 06' 10" EAST 327.84 FEET; THENCE SOUTH 59 DEGREES 16' 30" WEST 387.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 44 DEGREES 13' 30" EAST 207.24 FEET; THENCE SOUTH 47 DEGREES 18' 50" WEST 60.02 FEET; THENCE NORTH 44 DEGREES 13' 30" WEST 646.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE TURNPIKE FEEDER ROAD; THENCE NORTH 45 DEGREES 43' 55" EAST 60.0 FEET; THENCE SOUTH 44 DEGREES 13 ' 30" EAST 441.17 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPTING A SOUTHERLY PORTION OF THE ABOVE DESCRIBED PARCEL BEING MORE PARTICULARLY DESCRIBED IN O.R. BOOK 422 AT PAGE 527 OF THE PUBLIC RECORDS OF ST. LUCIE COUNiY, FLORIDA, SAID LESS AND EXCEPTED PARCEL HA VING A DIMENSION ALONG THE EAST LINE OF 148.26 FEET AND A DIMENSION ALONG THE WEST LINE OF 146.61 FEET, ALL LYING IN ST. LUCIE COUNiY, FLORIDA. WHEREAS, HOLIDAY PINES POA has requested an "after-the-fact" Revocable License Agreement 1 '-' ...., to install landscape improvements and maintain an existing irrigation system in the median of Indian Pines Boulevard right-of-way as shown on the sketch attached and incorporated herein as Exhibit "A". WHEREAS, the COUNTY has agreed to allow the landscape improvements and irrigation system in the median of Indian Pines Boulevard subject'to theterms and conditions set forth in this "after-the-fact" Revocable License Agreement. NOW. THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: L The COUNTY agrees to grant HOLIDAY PINES POA an "after-the-fact" Revocable License Agreement for the purpose of installing landscape improvements and maintaining an irrigation system in the median of Indian Pines Boulevard right-of-way. This license shall extend only to the above-referenced location and shall not extend to the construction and/or installation of any other structures. 2. This license shall be binding on future successors and assignees of HOLIDAY PINES POA provided HOLIDAY PINES POA gives adequate notice to the COUNTY pursuant to paragraph seven (7) of this Agreement. 3. The COUNTY shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without .cause and require removal of the landscape improvements and irrigation system at HOLIDAY PINES POA's sole expense upon ninety (90) days written notice to the HOLIDAY PINES POA. The County Engineer may, in lieu of termination, request that HOLIDAY PINES POA perform certain alterations to the landscape improvements and irrigation system at HOLIDAY PINES POA's expense. However, if such alterations are not performed to the satisfaction of the County Engineer, the COUNTY shall be entitled to exercise its right to terminate this Agreement. 4. The landscape improvements and irrigation system shall be in accordance with Section 7.09.00 St. Lucie County Land Development Code and shall be maintained solely at the expense of HOLIDAY 2 '-' ...".¡ PINES POA. 5. Plantings shall not interfere with safe sight distances or block motorist views. 6. HOLIDAY PINES POA agrees to allow COUNTY employees access to the location of the landscape improvements and irrigation system for COUNTY purposes as determined by the County Engineer. 7. All notices, requests and other éommunicati.ons 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, addressed to: As to County: With Copies to: County Engineer 2300 Virginia Avenue, 2nd Floor Fort Pierce, Florida 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 As to Owners: Holiday Pines Property Owners Association, Inc. 5804 A Indian Pines Boulevard Fort Pierce, Florida 34951 County Administrator 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 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. HOLIDA Y PINES POA shall indemnify and hold the COUNTY harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above right-of-way and the landscape improvements and irrigation system by HOLIDAY PINES POA or their agents, servants, employees, patrons, or invitees, or 3 ~ ...., resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during HOLIDAY PINES POA's use of the right-of-way for the landscape improvements and irrigation system. 9. HOLIDAY PINES POA shall promptly record this "after-the';'fact" Revocable License Agreement in the Official Records of St. Lucie County, Florida. HOLIDAY P!NES POA shall pay any document excise taxes and the çost of recording this "after-the fact" Revocable License Agreement. IN WITNEss WHEREOF, the parties have executed this Agreement on the do)' and year above first written. ATTEST: ST. LUCIE COUNlY BOARD OF COUNlY COMMISSIONERS BY CHAIRMAN DEPUlY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNT>' ATTORNEY 4 '-' ....,¡ WITNESS: Pf::::.. ~I/i¥ ~fb~ Print Name: teUè.ër iJe:,SI¡I.ol2:!LS HOLIDAY PINES PROPERTY OWNERS ASSOCIA TION, INC. BY~~ ItS:'~ (CORPORA TE SEAL) STATE OF Florida COUNTY OF St. Lucie The foregoing instrument was acknowledged before me this /3#7 day of IþnJ ,2004, by uJj//Rh1 t hJ?"5¡- as !?-£'1,:/jCN-t of HOLIDAY PINES PROPERTY OWNERS ASSOCIATION, INC. and produced F'J- ~l;L (type of identification) and who did take an oath. WITNESS my hand and official seal, this 13#7 day of f}jJnG , A.D., 2004. - ~/y,,, :ç!:J..d~ S' nature of Notar Public My commission expires: &i. '-f{5; J?ø7 G:\ACQ\ WP\Zelma\License Agreement\Holiday Pines ~ JUDITH A. NEWELL ~ MY COMMISSION # DD 227255 EXPIRES: October 25, 2007 1·!IQO.3-NOTAAY FL Notary Discount Assoc. Co. 5 '-' ...., o E ~ ~ .~ 'f\ (\¡ . . ~ Turnpike Feeder Rd. : 7/3 m !I m > 0 ,'~ ". ~ m ã ......,.. :::. m ~ >< :::I: ::: [I =i Paleo Pines ..' ~ 'q '" ~ ill '" . 1ii õ ~ ~ I íi II. U> ~ ~ s ~ .' ~ 'f ..; :J a. m :¡ ìJ :¡ CÐ en rII <" a. ~ .. \J' ~ 'E ' :-~ , iì .. IT . c o . ~ :r ¡¡; .. ~ t:' f f i- 11 ~ f f f ~ ~ ~ .. .. 0 0 " " /' ':' Eagle Drive ~ 'f .. . Iì iì -u . :r "5- iï J HOLIDAY J: ·~1rf!Œ © Œ ~ WI œ ,~l ñ1IÆB-u.I~1 ¡. . JI PI N· . E·S· PROPERTY ACOUISITION),.-' . Prope Clåtlon' ........ . f ~, 5804A Indian Pines Boulevard, Fort Pierce, Aorlda 34951 St. Lucie County Attorney's .office Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL. 34982 Attn: Zelma Simpson February 3rd, 2004 . ,Dear Zelma; '. . . On behalf of the Holiday Pines Property Owners Association, I." hereby make application for a License Agreement with the County re the, media strip on Indian Pines Blvd. The Association has' done extensive landscapi:ng and beautification of the media strip as it is the . main entrance into our development and has been iri a run down condition fof many years. The Association has also repaired the existing irrigation for the' " media strip. Our expenses in this project ran. $3~342.43forplants,landscape blocks, and a survey to show where' the County Property existed at the intersection of the Feeder Road and Indian Pines Blvd. .The survey was done to determine where an entrance sign could be placed if approved. Should you need any additional iriformation we would be' pl~ased to present it. . :, ',' I , AGENDA REOUEST ITEM N~q 7) Date: April 27, 2004 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Port of Fort Pierce - Harbormaster Bond for Jesse W. Porter BACKGROUND: See C.A. No. 04-548 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the bond from Jesse W. Porter to guarantee his performance as harbormaster for the Port of Fort Pierce. COMMISSION ACTION: Approved (5-0) k] APPROVED [] DENIED [ ] OTHER: County Attorney: y Coo rd ination/Si!!na tu res Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): '-' ..""" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 04-548 DATE: April 12, 2004 SUBJECT: Port of Fort Pierce - Harbormaster Bond for Jesse W. Porter BACKGROUND: The Governor has appointed Jesse W. Port to serve as harbormaster of the Port of Fort Pierce. Pursuant to Section 313.02, Florida Statutes, Mr. Porter is quire to post a bond to the Governor in the amount of five hundred and 00/1 00 dollars ($500.00). The bond must be approved by the board of county commissioners of the county in which the port is located and the Florida Department of Banking and Finance and then filed with the Florida Department of State. A copy of Mr. Porter's bond is attached to this memorandum. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the bond from Jesse W. Porter to guarantee his performance as harbormaster for the Port of Fort Pierce. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Deputy Clerk Press/Public '-" ""'" Bond No. SUTI fl... ~ OFFICIAL BOND AND OATH STATE FARM FIRE AND CASUALTY COMPANY BLOOMINGTON, ILLINOIS INIU..NC~ KNOW ALL MEN BY THESE PRESENTS: That we, Jesse W. Porter of principal 682 Rio Vista Dr. - Ft. Pierce, FI. 34982 Street Address City State ZIP bound unto as principal, and STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, as surety, are held and firmly State of Florida in the penal sum of Dollars ), for the payment of which, well and truly to be made, we do hereby severally bind Five hundred ($ 500.00 ourselves, our heirs, executors, administrators, successors, and assigns, firmly by these presents. Sealed with our Seals, and dated this 8th day of Aprif THE CONDITIONS OFTHIS OBLIGATION ARE SUCH, that, Whereas, the said Principal has been elected or appointed to the office of Harbor Master of Ft. Pierce, FI. for a term of one year beginning on Aprif 8, 2004 and ending on Aprif 8, 2005 NOW, THEREFORE, if the said Principal shall well, truly and faithfully perform all official duties required by law of such official during the term aforesaid, the Principal and the Surety hereby agreeing that if said bond is required by any statute, all e provisions of such statute are hereby made a part of this bond, then this obligation shall be void; otherwise to in in full force and ~ ' . ~ / . --- ( ~ . ~'d -,,,- ,;,.. -~----íf~ //// ~ ¿.e- STATE FARM FIRE AND CASUALTY COMPANY (~;::::~~~:;;~i\ \ ;'~·--.,SEA[ :/$ j \,~:~~~~~~~~~~~~~~/ By Attorney-in-Fact The within bond and the Surety thereon are hereby approved this day of 119325.2 Rev. 03-03-2004 Page 1 of 2 ~ ...., OATH OF OFFICE STATE OF COUNTY OF SS Jesse W. Porter being Principal (print name) duly sworn, says that he/she will support the constitution of the United States and of the State of and that he/she will faithfully, honestly and impartially perform and discharge the duties of the office/position to which he/she has been appointed while he/she shall hold said office. Sworn to by said Jesse W. Porter Principal (print name) before me, and subscribed in my presence this day of A.D. Notary Seal Notary Public Commission Date "9325.2 Rev. 03-03-2004 Page 2 of 2 ~ --. -.I STAU 'AIM <& INSUIAN'!. Power of Attorney -r-;-:',:::.,,,,: '.. ..;---.. STATE FARM FIRE AND CASUALTY COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, with its principal office in Bloomi'}:!bto~.IllinOi} do.es hereby constitute and appoint: Terrence Mosley of rt terce, IOrJda its true and lawful Attorney(s)-in-Fact. to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in the nature of a bond as follows: $ 2,500 - License, Permit or Indemnity which guarantee $100,000 - Administrator, Executor, or Trustee of a payment decendent's estate $25,000 - License & Permit which do not guarantee $ 50,000 _ Guardian, Conservator, or Committee payment - (Code Compliance only) $ 25,000 _ Receiver $25,000 - Public Official $ 2,500 _ Judicial THIS POWER OF ATTORNEY IS NOT VALID FOR THE EXECUTION OF ANY CONTRACT (CONSTRUCTION OR SUPPLY) BOND _ BID, PERFORMANCE OR PAYMENT. This appointment is made under and by the authority of a resolution which was passed by the Executive Committee of the Board of Directors of State Farm Fire and Casualty Company on the 24th day of July, 1974, as is duly authorized by the Board of Directors in Article II, Section 6 of the By-Laws of the Company, which resolution is: Resolved, that the Executive Vice-President or a Vice-President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in the nature of a bond, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Executive Vice-President or any Vice-President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, Vice-President or Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certifcate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, STATE FARM FIRE AND CASUALTY COMPANY has caused this instrument to be signed by its Vice- President. and its Corporate Seal to be affixed this 14th day of September 200l This APPOINTMENT SHALL CEASE AND TERMINATE AUTOMATICALLY AS OF DECEMBER 31,2004, UNLESS SOONER REVOKED AS PROVIDED. ß~~"~"~~~'~~\\\\II !?~:·;~~·~·;:·~~i\ % ~". S!EÆJ1:$ j \'I"}~~"" ........~~~,.._/ II\.\\~~~~~.:~~~':..,-.;::- By: STATE FARM FIRE AND CASUALTY COMPANY ~/,? ~~ Vice-Pres, ent STATE OF ILLINOIS COUNTY OF MclEAN On this 14th day of September 2001, before me personally came Brian Boyden to me known, who being duly sworn, did depose and say that he is Vice-President of STATE FARM FIRE AND CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such Corporate Seal; and that he executed said instrument on behalf of the corporation by authority of his office undo er the~y-Laws of said co.-poraHon. "OFFICIAL SEAL" ~ . ~ Heidi J. Stevens No yPublic Notary Public, State of Illinois My commission expires March 12.2005 My Commission Expires 3/12/05 CERTIFICATE I, the undersigned Vice-President of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and sealed at Bloomington, Illinois. Dated this Eighth day of é':::~:;;~\ ~. ~ .... SEÆJ1:! j 'I,,\"'''~'-'"'"' ...,..:~~.". ¿/ I\\\\\~;\~:~,~~~~'::----- April 2004 If you have a question concerning the validity of this Power of Attorney, call 309 766 2090. 120m 4·30-2003 .m¡k J Vice~ \r - AGENDA REQUEST """" ITEM NO.-9-=- E '-' , Date: April 27, 2004 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Historic Resources Survey - Fourth Amendment to May 7,2002 Agreement with Janus Research, Inc. BACKGROUND: See C.A. No. 04-613 FUNDS AVAIL.(State type & No. of transaction or N/A): Account No. 102-1510-531000-100 (Growth Management/Planning/Professional Services) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed fourth amendment to the May 7,2002 agreement with Janus Research, Inc., and authorize the Chairman to execute the amendment. COMMISSION ACTION: Approved (5-0) CONCURRENCE: ~ernon County Administrator Jc] APPROVED [] DENIED [ ] OTHER: County Attorney: Cr-_.,M... ~ l' Originating dei'£.: Finance (Check for Copy only, if applicable): }< Mgt & Budget: Purchasing: Other: Other: ( \..,- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney "'" ITEM NO.il= E Date: April 27, 2004 Regular [ ] Public Hearing [ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Historic Resources Survey - Fourth Amendment to May 7,2002 Agreement with Janus Research, Inc. BACKGROUND: See C.A. No. 04-613 FUNDS A V AIL. (State type & No. of transaction or N/A): Account No. 102-1510-531000-100 (Growth Management/Planning/Professional Services) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed fourth amendment to the May 7,2002 agreement with Janus Research, Inc., and authorize the Chairman to execute the amendment. COMMISSION ACTION: [ ] APPROVED [] DENIED [ ] OTHER: C oordinatio n/Shma tu res }<Mgt. & BUdget:~ Other: County Attorney: C---...,M.. ~~ l' Originating I5epi.: Finance (Check for Copy only, if applicable): CONCURRENCE: Douglas M. Anderson County Administrator Purchasing: Other: '-' .., .' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 04-613 DATE: April 21, 2004 SUBJECT: Historic Resources Survey - Fourth Amendment to May 7, 2002 Agreement with Janus Research, Inc. BACKGROUND: Attached to this memorandum is a copy of a proposed fourth amendment to the May 7, 2002 Agreement between the County and Janus Research, Inc. for preparation of a historical resources survey. The proposed amendment will extend the term of the agreement through and including July 15, 2004 to correspond with the public hearing schedule now anticipated for the proposed Historic Preservation Ordinance. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed fourth amendment to the May 7, 2002 agreement with Janus Research, Inc., and authorize the Chairman to execute the amendment. Respectfully submitted Heather Young Assistant County Attorney Attachment HY/ Copies To: Concurring Staff Clerk Secretary Press Public , . \ '-' ...".1 FOURTH AMENDMENT TO MAY 7, 2002AGREEMENT BETWEEN ST. LUCIE COUNTY AND JANUS RESEARCH, INC. THIS FOURTH AMENDMENT made and entered into this _ day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called (the "County"), and JANUS RESEARCH, INC., (the "Consultant"): WIT N E SSE T H: WHEREAS, on May 7,2002, the County and the Consultant entered into an Agreement (the "Agreement") to conduct an Historic Resources Survey for the unincorporated areas of the County; and, WHEREAS, on December 17, 2002, the parties entered into a First Amendment to the Agreement which extended the time for completion of the project to August 30, 2003, and expanded the scope of the project to also include documentation of all historic roads in the unincorporated areas of the County; and, WHEREAS, on September 2,2003, the parties entered into a Second Amendment to further expand the scope of the project to include preparation and submission of the Florida Master Site File (FMSF) forms to the Division of Historical Resources (DHR) for the six hundred sixty-seven (667) sites identified in the survey and attendance at public meetings and hearings regarding the proposed Historic Preservation Ordinance; and, WHEREAS, on February 17,2004, the parties entered into a Third Amendment to further expand the scope of the project to provide for the Consultant to attend an additional public meeting regarding the proposed Historic Preservation Ordinance; and, WHEREAS, due to delays in the public hearings schedule, it is necessary to further amend the Agreement to extend the term through and including July 15,2004, in order to ensure sufficient time for completion of the project. NOW, THEREFORE, in consideration ofthe mutual promises contained herein, the parties agree as follows: 1. Paragraph 4. TIME OF PERFORMANCE is amended to read as follows: 4. TIME OF PERFORMANCE The Consultant shall begin work hereunder on or before June 1, 2002, and shall complete all work hereunder on or before July 15, 2004. -1- - r ". \w' "wi 2. Except as amended herein, the remaining terms and conditions of the May 7,2002 Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Consultant 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 ATTEST: JANUS RESEARCH, INC. BY: SECRETARY PRESIDENT (SEAL) g: \atty\agreement\contract\4a- j anus. wpd -2- ~ - .... \w' """ AGENDA REQUEST ~~ ITEM NO. V ~ DATE: April 27, 2004 ~F REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Partial Release of Lien for Sf. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 99020008 dated August 4, 1999 and Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A RECOMMENDATION CONCLUSION: Staff recommends the Board authorize the Chairman to sign the attached Release of Lien and Agreement. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED ~.t OTHER: j(J Pulled prior to meeting. Review and Approvals [X] County Attorney: ]Management & Budget: [ ] Purchasing: [ ] Comm. Development.: [ 1 Public Works Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 , '" '" AGENDA REQUEST ITEM NO.1 OA DATE: April 27, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants ,~ SUBJECT: Request for Board Approval to apply for and accept the Rural Capital Assistance Support grant. In addition, authorize the Chair to sign Resolution #04-139 and other documents associated with the grant application. BACKGROUND: St. Lucie County Community Services received funds from the Rural Capital Assistance Support Grant program to purchase one 25' bus during the last grant cycle. The current grant application is due April 30, 2004. If the grant is awarded, funds become available July 2004. Community Services and Council on Aging have determined that the grant request should be for a transit bus less than 30' to assist in transporting residents located outside of the fixed route zone. Resolution #04-139 is modeled after the draft Resolution provided in the grant application and is required to be signed with the grant application. Resolution #04-1 39 authorizes the Community Transportation Coordinator to sign all agreements, contracts, invoices and other items associated with this grant project. The total project cost is $ 130,000 and the required match is 10%. FUNDS AVAILABLE: A 10% ($13,000) match is required and will come from the SLC Public Transit MSTU Account 130-4910-582015-400. PREVIOUS ACTION: St. Lucie County was awarded this grant last year for funds to purchase a 25' bus. RECOMMENDATION: Staff recommends that the Board authorize staff to apply for the Rural Capital Assistance grant and accept if funded. In addition, authorize the Chair to sign the Resolution #04-1 39 and other documents associated with the grant application. COMMISSION ACTION: X APPROVED [] OTHER: [] DENIED Approved (5-0) Douglas . Anderson County Administrator Management & BUdget:!i¡1L f1l~ Purchasing:_ Originating Dept: Other: Other: _ Finance: (Check for Copy only, if applicable) Effective: 5/96 ~ '-' ...., RESOLUTION # 04-139 A RESOLUTION of the BOARD OF COUNTY COMMISSIONERS of ST. LUCIE COUNTY, Hereinafter BOARD, hereby authorizes the filing of a Rural Capital Assistance Support Grant Application with the Florida Commission for the Transportation Disadvantaged. WHEREAS, this BOARD has the authority to file this Grant Application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: 1. The BOARD has the authority to file this grant application. 2. The BOARD authorizes Beth Ryder, Community Transportation Coordinator to file and execute the application on behalf of St. Lucie County with the Florida Commission for the Transportation Disadvantaged. 3. The address for St. Lucie County is 2300 Virginia Avenue, Ft. Pierce, Florida 34982-5652. 4. The BOARD authorizes Beth Ryder, Community Transportation Coordinator to sign any and all agreements or contacts which are required in connection with the application. 5. The BOARD authorizes Beth Ryder, Community Transportation Coordinator to sign any and all assurances, reimbursement invoices, warranties, certifications and any other documents which may be required in connection with the application or subsequent agreements. PASSED AND DUL Y ADOPTED this 27th day of April 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney - ) " y ~ ""'" AGENDA REQUEST ITEM NO. 10B DATE: April 27, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPTh Grants .ß~~ Grants Writer SUB1ECT: Authorize the Chair of Board of County Commissioner to sign the Recovery Land Acquisition grant application to the Florida Fish and Wildlife Conservation Commission and the United States Fish and Wildlife Service to assist with the acquisition of environmental lands connecting to Paleo Hammock. BACKGROUND: The United States Fish and Wildlife Service (USFWS) Recovery Land Acquisition Grant program is to assist with the acquisition of lands that benefit the recovery of federally listed species. The goal of the grant application is to purchase lands the Crested Caracara could utilize for foraging and breeding. Since habitat loss is the number one reason species are added to the endangered species list, this project will protect important Caracara habitat into perpetuity. On a recent site visit, over six Caracaras were observed utilizing the site. Since State agencies have to be the applicant to this federal program, the County will submit the grant application to the Florida Fish and Wildlife Conservation Commission for their submission to the USFWS. FUNDS AVAILABLE: The grant match will include funds generated from the FCT grant applied for the same site and discussed in Agenda Item 10 C. PREVIOUS ACTION: St. Lucie County BOCC approved applying for and accepting a grant from the same program for acquisition of the Lakela's Mint lands located on north US 1. RECOMMENDATION: Staff recommends that the Board authorize the Chair to sign the Recovery Land Acquisition grant application to the Florida Fish and Wildlife Conservation Commission and the United States Fish and Wildlife Service to assist with the acquisition of environmental lands connecting to Paleo Hammock. COMMISSION ACTION: X APPROVED [] OTHER: [] DENIED Dougl M. Anderson County Administrator Approved (5-0) Review and APpr~___ . County Attorney: _ Management & Budget: __iYlO'&) Purchasing: _ Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 ~ ..., Endangered Species Program Fiscal Year 2004 Cooperative Endangered Species Conservation Fund (Section 6 of the Endangered Species Act) Grant Program Notice of Availability of Federal Assistance Program Overview Information: Federal Agency Name: Department of the Interior, U.S. Fish and Wildlife Service, Endangered Species Program. Funding Opportunity Title: Fiscal year 2004 Cooperative Endangered Species Conservation Fund (Section 6 of the Endangered Species Act) Grant Programs Announcem~nt Type: Initial announcement for the fiscal year 2004 request for proposals Funding Opportunity Number: CESCF-04 Cata!og of Federal Domestic Assistance (CFDA) Number: 15.615 Cooperative Endangered Species Conservation Fund Dates: The due date for proposals submitted for the "Traditional" Conservation Grants program will be determined by our Regional Offices (See Table 1). Proposals for the "N ontraditional" grants (Habitat Conservation Plan Land Acquisition, Habitat Conservation Planning Assistance, and Recovery Land Acquisition Grants) must be submitted to our Regional Offices (See Table 1) by May 5, 2004. Applicants are encouraged to submit proposals to their State Single Point Of Contact (SPOC) for review under Executive Order 12372 (if necessary) concurrent with their submission to our Regional Offices. Additional Information: The Cooperative Endangered Species Conservation Fund (CESCF) (Section 6 of the Endangered Species Act) provides funding to States and Territories for species and habitat conservation actions on non-Federal lands. States and Territories must contribute a minimum non-Federal match of 25% for the estimated program costs of approved projects, or 10% when two or more States or Territories implement a joint project. A State or Territory must currently have, or enter into a cooperative agreement with the U.S. Fish and Wildlife Service (Service) to receive grant funds. Four grant programs are available through the CESCF, they include the "Traditional" Conservation Grants and the "Nontraditional" Habitat Conservation Plan Land Acquisition, Habitat Conservation Planning Assistance, and Recovery Land Acquisition Grants. Information on the CESCF is also available from the Branch of State Grants, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203 or electronically at http:// endangered. fws. gov/ grants/section6/ . "" .., I. Funding Opportunity Description Because more than half of all species currently listed as endangered or threatened spend at least part of their life cycle on privately owned lands, the U.S. Fish and Wildlife Service (Service) recognizes that success in conserving species will ultimately depend on working cooperatively with landowners, communities, and tribes to foster voluntary stewardship efforts on private lands. States playa key role in catalyzing these efforts. A variety of tools are available under the Endangered Species Act (ESA) to help States and landowners plan and implement projects to conserve species. The Cooperative Endangered Species Conservation Fund (section 6 of the ESA) has been available for several years to provide grants to States and Territories (hereafter, "States") to participate in a wide array of voluntary conservation projects for candidate, proposed and listed species. We, the Service, are soliciting project proposals for Federal assistance under the CESCF. This document describes how you can apply for funding under the CESCF and how we will determine which project proposals will be funded. In fiscal year 2003 the Service awarded approximately $80.5 million to projects in nearly all U.S. States through the CESCF. Four grant programs are available through the CESCF: "Traditional" Conservation Grants - The Conservation Grants program provides financial assistance to States to implement conservation projects for listed species and species at-risk. Funded activities include habitat restoration, species status surveys, public education, and outreach, captive propagation and reintroduction, nesting surveys, genetic studies, and development of management plans. The project selection process is generally conducted by Service Endangered Species staff in conjunction with the States. Funding is allocated by formula to the Service Regions based on the number of species covered in the cooperative agreements with the States within that Region. Regional offices then further allocate the funding to the States within that Region by formula or through a competitive process. "Nontraditional" Programs: Habitat Conservation Planning (HCP) Assistance Grants - Through the development of regional Habitat Conservation Plans (HCPs), local governments incorporate species conservation into local land use planning, which streamlines the project approval process and facilitates economic development. The Habitat Conservation Planning Assistance Grants program provides funding to States to support the development ofHCPs. Planning assistance grants may support planning activities such as document preparation, outreach, and baseline surveys and inventories. The Habitat Conservation Planning Assistance Grants program first received funding in fiscal year 2001 of $6.635 million. In FY 2003, the Service awarded funding to 28 out of 40 proposals to provide project funding in 12 States. The funding for the Habitat Conservation Planning Assistance Grants is competed for at the National level. Habitat Conservation Plan (HCP) Land Acquisition Grants - The HCP Land Acquisition program was established by Congress in fiscal year 1997. This program was designed to reduce conflicts between the conservation of listed species and land uses on specific parcels of land. Under this program, the Service provides grants to States for land acquisitions that are associated ~ ..., with approved HCPs. The Service considers the use of Federal acquisition dollars by States for habitat protection within and adjacent to HCP areas to be an important and effective mechanism to promote the recovery of threatened and endangered species. The HCP Land Acquisition program has three primary purposes: 1) to fund land acquisitions that complement, but do not replace, private mitigation responsibilities contained in HCPs, 2) to fund land acquisitions that have important benefits for listed, proposed, and candidate species, and 3) to fund land acquisitions that have important benefits for ecosystems that support listed, proposed and candidate species. The program received $6 million in appropriated funds in each of its first 3 years (fiscal years 1997-1999). We received $15 million in fiscal year 2000 and were able to fund 15 proposals. In fiscal year 2003, we received $51 million and funded 15 out of 18 proposals. A National competition ~ill be held to select proposals for funding in FY 2004. -k-k Recovery Land Acquisition Grants - Loss of habitat is the primary threat to most listed species and land acquisition is often the most effective and efficient means of protecting habitats essential for recovery of listed species before development or other land use changes impair or destroy key habitat values. Land acquisition is costly and often neither the Service nor the States individually have the necessary resources to acquire habitats essential for recovery of listed species. Recovery Land Acquisition grant funds are matched by States and non-federal entities to acquire these habitats from willing sellers in support of approved species recovery plans. Because the existing HCP Land Acquisition Grants Program provides substantial funding for land acquisitions associated with HCPs, the Recovery Land Acquisition Grants Program will not be used to fund land acquisitions associated with permitted HCPs. The Recovery Land Acquisition Grant program first received funding in fiscal year 2001 of $10.427 million. In FY 2003, the program awarded funding to 29 projects to provide project funding in 21 States, with at least one proposal funded in each Service region. For fiscal year 2004, competition for the Recovery Land Acquisition grants will be held at the Regional level. Participation in the CESCF programs is limited to State agencies that have a current cooperative agreement with the Secretary of the Interior. That is, only State agencies that have a cooperative agreement with the Secretary of the Interior may apply directly for CESCF grant funding. However, individuals or groups (for example land conservancies, community organizations, or conservation organizations) may work with a State organization that has a cooperative agreement, on conservation efforts that are mutually beneficial, as a sub grantee. Grant agreements will be used to implement selected projects. A proposal must include 25 percent non-Federal cost share (the cost-share may be an in-kind contribution, including equipment, materials, operations, and maintenance costs) This cost share decreases to 10 percent if 2 or more States or Territories are contributors to the proposal and its activities as per section 6 of the ESA. The insular Areas of the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands are exempt from any matching requirements under all Fish and Wildlife Service Grant Programs (based on an August 23, 1993, Director's Memorandum). See section III.2 for additional information. -0 .. D.> CD 0 I D.> 3 3 0 () " » 0. 0. -. r-+ -- 0 ::J o 8 ;r 0 ~ 8 (11 8 '" o 8 ~.z :n ~ et .!/I~ ~ \, I ~ ::r & -. - rn - ~f'~ ~ . '-' ...,.¡ AGENDA REQUEST ITEM NO.1 Q-C DATE: April 27, 2004 REGULAR D PUBLIC HEARING D CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner Grants Writer SUBJECT: Authorize the submittal of a grant application to the Florida Communities Trust Florida Forever Program (FCT) for funds to assist in the acquisition of Paleo Hammock Addition, a 423-acre project that is immediately adjacent to Paleo Hammock Conservation Area. The application deadline is May 5, 2004. BACKGROUND: The parcels involved in the project include the 155-acre Teague property which is scheduled for acquisition by the County during this month. Reimbursement of acquisition expenses for the Teague property is being sought through this grant. Additional parcels totaling 268 acres will also be included in the FCT grant application. This area includes three historical Indian mounds that have been listed in the Florida Historical Resources site file. The properties contain at least four additional mounds that have not been listed. Based upon numerous sightings and a letter from the Florida Fish and Wildlife Conservation Commission, a crested caracara location is within the project area. The crested carcara is listed as threatened by State and federal agencies. To assist in the acquisition of the properties, a grant is also being submitted to the U.S. Fish and wildlife Service Recovery Land Acquisition Program. A grant application to the USDA Wetlands Reserve Program has also been submitted. If approved, the USDA grant will pay for restoration of the Teague property. FUNDS AVAIL.: Funds for the County's 50% match will come from a U.S. Fish & Wildlife Recovery Land Acquisition grant ($1,167,150); from mitigation for a development project in the immediate area ($430,200); and from the Environmental Lands Capital Fund ($957,460), Fund #382-3915-599300-31001. The availability of funds within the Environmental Lands Capital Fund is dependent upon the success of other environmental lands acquisition projects. If it is determined that adequate funding is not available for this project, the FCT grant will not be accepted or alternative funding sources will need to be identified. PREVIOUS ACTION: The Board approved the acquisition of the Teague property on March 2, 2004. RECOMMENDATION: Staff recommends that the Board authorize the submittal of the grant application for the Paleo Hammock Addition project to the Florida Communities Trust Florida Forever Program. [x] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Approved (5-0) County AttorneYI Originating Dept. Finance: y¿( Coordination/Signatures Mgt & Budget. !/lLJ. /1Jrß€{ Public Works. Purchasing I Other. ,. '-" ...,¡ I '. AGENDA REQUEST ITEM NO. ~ DATE: March 2, 2004 REGULAR [XX] PUBLIC HEARING [ ] . CONSENT [ ] TO: BOARD OF COUN1Y COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Robert E. Teague, Jr., Inc. Contract for Sale and Purchase - Part of Tax J.D. No. 3228-111-0001-000-7 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 382-3915-561000-300 (Environmental Lands Capital Fund)' PREVIOUS ACTION: October 21, 2003 _ Received Board of County Commission approval to authorize staff to negotiate a Contract for Sale and Purchase with Robert E. Teague, Jr., Inc. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of the Robert E. Teague, Jr., parcel for $1,500,000.00 as shown on the attached map, authorize the Chairman to execute the Contract, the First and Second Addendum and direct staff to close the transaction and record the documents in the Public .. Records of St. Lucie County, Florida. [it APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 Staff directed to explore restoration component issues to be presented at a future Commission Do I Anderson County Administrator COMMISSION ACTION: [XX) Originatirg Dept.: :fra.t.. meeting. Review and Aøørovals [~) Community Development:~- [ ] Parks & Recrcation:~ [XX] ERD:~\JftJh [XX] County Attorney: bY ] Rood &. Bridge: finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\ WP\loAnn\Environmental\ Teague\Agendo Requut.wpd " '-' ~ '. PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Sheree Bell, Senior Accounting Clerk, Growth Management FROM: JoAnn Riley, Property Acquisition Manager 5r""~' DATE: April 19, 2004 SUBJECT: Robert E. Teague, Jr.. Inc. Contract for Sale and Purchase - Part of Tax I.D. No. 3228-111-0001-000-7 Attached you will find a copy of the March 2,2004 Agenda Item, Contract for Sale and Purchase, First Addendum, Second Addendum and Settlement Statement on the above-mentioned parcel. The closing on this parcel will take place Tuesday, April 27,2004. The costs are as follows: $ 6,325.00 Titlel/ $1,510,522.50 Land./ $1,516,847.50 Total Cost Please prepare a check for $1,516,847.50 made payable to Gonano & Harrell, Chartered, Vendor Number 30019. Please ask Finance to hold the check for pick-up by Janet LicCausi. We will deliver the check to Gonano & Harrell. Thank you. Attachments cc: County Attorney Property Acquisition Division/file Growth Management Director Environmental Resources Manager G:\ACQ\ WP\JoAnn\Environmental\ Teague\Closing Costs.wpd \ ~ "wi AGENDA REQUEST ITEM NO.1 O-D DATE: April 27, 2004 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner SUBJECT: Authorize the submittal of a grant application to the Florida Communities Trust (FCT) Florida Forever Program for funds to assist in the acquisition of Heathcote Botanical Park and authorize the expenditure of $27,000 for development of a preliminary conceptual plan necessary for the FCT application. BACKGROUND: This project is currently in a conceptual phase and will require consultation with the City of Fort pierce Commissioners. However, because of an FCT application deadline of May 5th, approval is being sought at this time to submit an FCT application for the project and to develop a preliminary conceptual plan. The project involves a possible land swap with the City of Fort Pierce. The parcels involved are those that are currently utilized by the City's Public Works Department on Savannas Road and two adjacent parcels owned by FEC Railway. The project proposes that St. Lucie County acquire 41.4 acres from the City and 18.4 acres from FEC Railway. The County's acquisition costs will be reimbursed by this FCT grant. Match for the grant will be provided by the City through the donation of an adjacent 99.3 acres to the County. Funds received by the City for the 41.4 acres will be utilized to develop a new Public Works Complex at a site to be determined and to be donated to the City by the County. The total project involves approximately 159 acres. These acres will provide a vital link between the Savannas Recreation Area and the Indian Hills Golf Course. A recreational trail is planned for Savannas Recreation Area. with acquisition of these properties, the trail can be extended to Indian Hills Golf Course and from there to downtown Fort Pierce. The acquired properties will additionally be utilized to expand Heathcote Botanical Garden and may also be used for other recreational uses to be determined. To prepare the FCT application, a conceptual plan for the properties must be developed. Heathcote Botanical Garden has consulted with EDAW, Inc. (See attached letter) regarding the development of a preliminary conceptual plan. A planning workshop is scheduled for April 28th. The cost of developing the preliminary conceptual plan is $27,000. The Board is being requested to approve the expenditure of $27,000 which is to be given to Heathcote Botanical Garden who will contract with EDAW for the planning services. FUNDS AVAIL.: The County's match for the FCT grant will be provided by a donation to St. Lucie County of 80.1 acres from the City of Fort Pierce. The County will subsequently donate land, at a site to be determined, to the City of Fort Pierce. The land donated to the City will be utilized by the City for a new Public Works Complex. The $27,000 being sought for planning services will be from the General Fund Contingency. The funds are available in Fund 001-9910-599100-800. PREVIOUS ACTION: During FY 2000/2001, the Board approved the acquisition of 1.8 acres immediately adjacent to Heathcote Botanical Gardens RECOMMENDATION: Staff recommends the Board authorize the submittal of the FCT grant application for Heathcote Botanical Park and the expenditure of $27,000 for a preliminary conceptual plan. Staff additionally recommends the Board authorize the County Attorney to prepare an agreement with Heathcote regarding the expenditure of the $27,000. Staff also recommends the Board approve Budget Amendment BA 04-148. We i¡ ~; \Y' ~ AGENDA REQUEST COMMISSION ACTION: rJI] APPROVED [ OTHER: County Attorney. Originating Dept. Finance: !Jt. ITEM NO. 10-D DENIED Approved (5-0) ...."J DATE: April 27, 2004 CONCURRENCE: Mgt & Budget. Public Works. Purchasing. Other. '-' ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: County Administration PREPARED DATE: 4/20104 AGENDA DATE: April 27, 2004 ,-,--, '-".-'-":, ,,,',.;-: :',-'.'..:":': ", ; -'.,' ....., -:.,.>,' -,',: ,. ;,. AÇÇOl!NT Nl!MBER ACCOUNT NAME AMOUNT .. ,',- . . , TO: 001-1900-582029-100 Heathcote Botanicals $27,000 FROM: 001-9910-591000-800 Contingency $27,000 REASON FOR BUDGET AMENDMENT: For Heathcote Botanical Gardens conceptual desiQn. CONTINGENCY BALANCE: $535,968 THIS AMENDMENT: $27,000 REMAINING BALANCE: $508,968 DEPARTMENT APPROVAL: OMB APPROVAL: At BUDGET AMENDMENT #: BA04-148 DOCUMENT # & INPUT BY: DEPARTMENT Approved Budget Administration Comm. Dev-Tourism Central Services PW/Env Resources P&RlParks P&RlParks Veteran Services Cultural Affairs Administration Administration P&RlLincoln Park Administration P&RlAdministration Cty Administration Strategy & Special Projects Proposed action: County Administration \wf ...., FISCAL YEAR 2003-2004 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $535,968 ITEM Contingency Chilled Water System for Thomas J. White Stadium Treasure Coast Sports Comm (TCSC) Increase Transcriber/Dual Cassette Reformatter Chopper/Brush Mower Fence Repair at Lawnwood F-Ball Stadium Fence Repair at Pepper Park Loan for a van. United Veterans will repay. Treasure Coast Opera Society/ Mini Grant Program Thomas J. White Stadium Interfund Loan-Field Padding Research-Education Park Lincoln Park Community Center Extended Hours Lincoln Park Community Center Extended Hours Lincoln Park Community Center Extended Hours Appraisals for Purchase of Harbor Branch Shrimp Property Establish a Special Event Fund New position of Asst. County Administrator & Equip. New Position of Strategy & Special Projects Director & Equip. Heathcote Botanical Gardens *** Interfund Loan for the Thomas J. White Stadium Chiller System Balance Available After Proposed Action: ACCOUNT # 001-9910-599100-800 G/L Interfund Loan .** BA04-110 001-1925-564000-100 001-3920-564000-300 001-7210-546300-76021 001-721 0-546300-700 001-5310-564000-500 001-7310-582000-700 461-75201-563000-700 001-1210-531000-100 001-7216-513000-7102 001-7216-534000-71 02 001-7216-552000-7102 001001-72101-548000-700 001-1210 001-New Orgn Total used: Balance Available 001-1900-582029-1 00 AMOUNT 1,000,000 $125,000 $25,000 $2,293 $1,913 $12,000 $12,833 $18,189 $20,000 $36,154 $51,000 $2,160 $9,300 $2,800 $10,400 $50,000 $38,009 $46,981 $464,032 $535,968 $27,000 $508,968 .Apr 19 04 05:~ EDAW ED"W IHC 1&88 MERIDIAN AVENUE SUITE 303 "'IA"" BEACH HOAIDA 33139 TEL 305 &04 5818 'AX 305 .04 5704 llCENSf NUMSEI! LCOOOOOSS WWW.ICu.,.cam UI/IUD SlI,TEi EUROPE AUSTRALIA ..s.. ....,¡ April 16,2004 Ms. Cris Adams, President Board of Trustees Heathcote Botanica1 Gardens, Inc. 210 Savannah Road Fort Pierce, FL 34982 Re: Expanded Scope Master Planning Services for Heathcote Botanical Gardens 2A121.02 Dear Ms. Adams: Thank you for inviting EDA W to provide supplemental planning services in connection with your potential expansion of the Heathcote Botanical Garden (HBG) Master Planning project. We understand HBG has an opportunity 10 participate with St. Lucie County in pursuit of a Florida Communities Trust (FCT) grant, which will be used to help HBG, the COW1ty and the City of Fort Pierce to add critical acreage to the projecfs scope and pursue the development of a larger cultural and educational complex as weU as additional areas of envirorunenta1 restoration. Scope of Services ED A W and local partner firms Collective Design, Inc. and LPLA Landscape Architecture will work with the HBG Board to develop strategies for incorporating additional nearby property as may be made available by the City and County. Specific tasks include the foHowing: 1. FCT Grant Application Materials: The team wiIJ prepare a Conceptual Site Plan and supporting descriptive text for inclusion in a Grant Application that S1. Lucie County may prepare in pursuit of a Florida Communities Trust (FCT) application. The site plan will be based on our one day workshop (scheduled for 4/28/04) and pre1iminary reviews of potential expansion areas (e.g., City lands along north and south side of Savannah Road) and will be of similar detail and approach as the sample provided by the County from last year's successful grant efforts. This will be a preliminary Conceptual Plan only and subject to change (within parameters acceptable to FCT) as the rest of the Master Planning process is undertaken. DESIGN. PL4NNJ"O AND ENY'RONtJENTS WOUOWID! ...-- p.2 . Apr 19 O~ 05:~ EDAW -..J p.3 Ms. Cris Adams April 16, 2004 Page 2 of3 2. Programming Confirmation Workshops: The team will participate in up to three working sessions with HBG representatives and local municipal officials and/or staff (St. Lucie COW1ty, City of Fort Pierce, etc.) in order to develop concepts for alternative uses of presently City-owned lands adjacent to HBG, their relationslúp or potential use by HBG, and related issues. These workshops may be in the fonn of small working sessions or larger "charrettes," and may include public participation, as appropriate and as determined by yoú. 3. Expanded Site Master Planning: Based on the results of the above tasks, the team will incorporate additional lands that become available for HBG joint use, or sole use, into interim and final products of the Gardens' Master Plan. These include but are not limited to: program of development; preliminary alternstive site plans; final (preferred) master site plan; and draft and final Master Plan Report. 4. Additional Coordination and Review Meetings: To assist HBG in obtaining consensus or approvals with a wider 'stakeholder" group, the team wi!! participate in three additional Presentations, in the St. Lucie County area, beyond the two included in our basic Master Plan Scope. Optional: Tbe following services are not included in the Scope of Services but may be added upon HBG authorization and mutual agreement as to scope and fees: · Detailed design and construction documents · Bid phase or construction phase services · Surveying · Engineering such as civil, traffic or environmental consulting · Environmental permitting · Architectural design · Evaluation of existing buildings Fee Proposal EDA W wj}) provide the services described in the above Scope of Services for a fixed fee of $27,000. This will include: Task 1: Task2: Task3: $ 6,500 $7,500 $ 8,000 OESIOk, ',-AtHUHQ AfolD EHVI~ON~["TS WOALO\,IDE · Apr 19 04 05:~ EDA'V ."'WI p.4 Ms. Cds Adams April 16, 2004 Page 3 of3 Task 4: Total $ 5.000 $27,000 Terms and Conditions This Proposal is an addition lU1der our existing Agreement dated 11/17/03 (revision dated 2/9/04), and the terms and conditions of the existing Agreement are all applicable. Authorization Please sign and return two copies of this letter for execution. We will then return one fully executed copy to you for your records. Again, thank you for the opportunity to be of service on this exciting and important project. We look forward to working with you Sincerely, ~V David Sacks, ASLA Senior Associate EDA W, Inc. Authorization: By: By: Title: Date: Date: cc: Leo Alvarez, Managing Principal David Troncale, Business Manager OESIC"'. H"~HI"'C ''''0 ENVIRONL'E"'TS WORLOIYIDE '( ,.'~ '-" ....., ITEM NO. C-11 DATE: 4/27/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Award Bid #04-036 Roll Off Containers BACKGROUND: On March 31,2004, Bid #04-036 was opened for Roll Off Containers for the Solid Waste Division. Three hundred fifty-three (353) vendors were notified, eight (8) bid documents were distributed and four (4) responses were received. Staff recommends award to the low bidder Equipco Manufacturing for $33,200 (8 x $4150). Staff also requests approval of the attached revised Equipment Request #E004-195 to cover the purchase of the Roll Off Containers. FUNDS AVAILABLE: Account No. 401-3410-564000-300 - Equipment $750 and over PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Sid #04-036 Roll Off Containers to Equipco Manufacturing for $33,200 (8 x $4150). Staff also requests approval of the attached revised Equipment Request #E004-195 to cover the purchase of the Roll Off Containers. Approved (5-0) E: COMMISSION ACTION: (X) APPROVED () DENIED ( ) OTHER NDERSON NTY ADMINISTRATOR Coordination/Siç¡natures County Attorney ( X ) 1~9Þ/ Mgt. & Budget 00 (jt~ Purchasing (XI Other ( ) Other ( ) Ilí" I · Originating Dept. ( ) Finance: (check for copy, only if applicable)_ . .- ~- .' . '" 'wi . ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #04-036 PURCHASE OF EIGHT (8) FIFTY YARD ROLL OFF CONTAINERS PW - SOLID WASTE OPENED: MARCH 31, 2004 VENDOR BASE BID DELIVERY TIME EACH CONTAINER CALENDAR DAYS EQUIPCO MANUFACTURING INC. $ 4150.00 30 MIAMI, FL INDUSTRIAL REFUSE SALES $ 4410.00 45 EATON PARK, FL , FLORIDA CAN INC. $ 4349.00 45 - 90 MULBERRY, FL HESCO SALES $ 5200.00 15 DAVIE, FL NUMBER OF COMPANIES NOTIFIED*: 353 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 8 NUMBER OF BIDS RECEIVED: 4 *per demandstar.com JOHN D. BRUHl"!, District No. I . DOUG COWARD, District No.2' PAULA A. LEWIS, District No.3' FRANNIE HUTCHINSON, District No.4' CLIFF BARNES, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 . (772)-462-1700 . FAX (772) 462-1294 ... " ...." PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 04-050 TO: Ed Parker Purchasing Director FROM: Leo J. Cordeiro e Solid Waste Manager DATE: April 6, 2004 RE: Roll Off Containers Bid #04-036 Please take the necessary steps to award Bid #04-036 to Equipco Manufacturing Inc, in the amount of $33,200. This item was originally budgeted at $29,600. A revised Equipment Request form is attached. Funds are available in account number 401-3410-564000-300 due to the purchase price on a Dozer being lower than the budgeted amount. (EQ04-192 was budgeted at $418,000 and was purchased at $275,311.) Thank you. LJC:dls C: Don West, Public Works Director ~ .^ "'-, ::~:~-~ ~ ~ .~-"~ :~ -:;"""'1 ~.--,., ::5 ....-.- I 'J ~...-" ....-.-.. -. ~ !.,.._-r_,_ f':-? -./ a ....- w f'; .' , ~ t/) 0:: W-q- Zo 00 _N t/)M t/)O - 0 :EN :Eo:: Oc:x: UW )->- 1--1 ZC:X: :JO OU) uii: LLO:: 00 eLL 0::1- c:x:cn OW m:J )-" I-W zO:: :JI- OZ UW W:E _a. U- :J:J -I" .W l- t/) '-" W e~ We ~« >e Wz O::w C) « I- Z LU ~ .. I-Z 0::0 «- a..~ LU~ ee ...,. .!Q Q) (/) CU Q) oð .~ c:: Q) .Q..c:: ..... ..... ü....- 2.2~ û5c::0 c:: 0 I o (/) ~ ()~~ ~ ...." Q)Q)i) c:: ..c:: .... Q) I- Q) ..c:: c.. ~o..c:: ._ 0 ü 0> co cu c::o)'Q) :.:NO ü~L{) i:i (/) ...-. Q)CU~ ....~---- o (/)0 "-E~ "Q) . ~:!:::~ :JQ)~ Q) ~ .!Q .o..c::..... -..... (/) = .... Q) ~.2:J (/) ..... 0- .... Q) Q) ~ 0>': .- " cu cu :J ..... c.o.9 oro~ ü c:: Q) ..-....- c (/) .2> êi3 o.ê .~ Q) I- CU..c:: cl--= o Q) ü >.2 co:!:::(/) ,,-'(3 ~ o cu cu û51..L.~ Q)o>o 5-'~ (/) Q)ë3û5 .... >. 0 -üü cuQ)" õO:::Q) ..... (/) (/) cu .;:: cu ----.0 Q) " Q) ..... ro 0 ~ >. .- o § Q) ~:e£ Q) 0 0 ~ E ~ ..c:: Q) :J 1-0" o o C") I o o o ~ co L{) I o ...- ~ C") I ...- o ~ :it I- Z ;:¡ o u u « L{) OJ ...- I ~ o o llJ :it o W 0:: I- Z W ~ c.. ;:¡ o LU --: " .4It. ~ ..J AGENDA REQUEST ITEM NO: C-12 DATE: April 27, 2004 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Beth Ryder, Director SUBMITTED BY: Community Services SUBJECT: Approval of the application for the FY04/05 TripÆquipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens and Resolution 03-130. BACKGROUND: Yearly the Commission for the Transportation Disadvantaged (CTD) allocates funds to each Community Transportation Coordinator (CTC) for non-sponsored trips for the transportation disadvantaged. The allocation for St. Lucie County for FY 04/05 is $307,564 and requires a local match of $34,174, which will be appropriated in FY04/05. This grant is used to purchase trips for the transportation disadvantaged whose transportation needs are not provided under another program. FUNDS AVAIL: FY 04/05: 001296-4910-534000-400 (TRIP grant FY05) Local Match of $34,174 will come from the Public Transit MSTU (130-4910-582015-400) PREVIOUS ACTION: Annually, the Board appropriates the match, approves and accepts the TripÆquipment Grant with the Commission for the Transportation Disadvantaged. RECOMMENDATION: Approval of the application and contract for the grant, approval of the contract with Council on Aging of St. Lucie, Inc., acceptance of the grant, authorization for the Chairman to sign and approval of Resolution No. 04-136. COMMISSION ACTION: [ ] APPROVED [] DENIED ... OTHER: Pulled prior to meeting. ,¡ CONC CE: Review and Approvals County Attorney: x ~/ Maoagement & Budget: ~~Chasing: Originating Dept. Other: Finance: (Check for Copy only, if applicable X ) ! .'11).;: ......, '-" -...I 2004/05 Transportation Disadvantaged Trust Fund Grant Acknowledgement Form GRANT RECIPIENT LEGAL NAME: St. Lucie County Board of County Commissioners FEDERAL IDENTIFICATION NUMBER: 59-6000835 REMITTANCE ADDRESS: 2300 Virainia Avenue CITY AND STATE: Fort Pierce. Florida ZIP CODE: 34982 CONTACT PERSON FOR THIS GRANT: PHONE NUMBER: 772-462-1777 Beth Ryder FAX NUMBER: 772-462-1703 (REQUIRED) E-MAIL ADDRESS:beth@co.st-lucie.fI.us PROJECT LOCATION (County(ies)): St. Lucie PROPOSED PROJECT START DATE: 10/01/2004 ENDING DATE: 09/30/2005 PLANNING FUND ALLOCATION TRANSFERRED TO TRIP GRANT $ ANTICIPATED CAPITAL EQUIPMENT REQUEST Equipment $ Amount Only Required If Capital Equipment is Purchased: This Acknowledgement Form requesting the purchase of capital equipment has been reviewed by the Local Coordinating Board. Local Coordinating Board Chairperson's Signature I Beth Ryder as the authorized Grant Recipient Representative, hereby certify that the information contained in these forms is true and accurate and is submitted in accordance with the instructions. 04/27/2004 Date Grant Recipient Representative (Signature) Trip & Equipment Grant Application 2004/2005 Fonn Rev. 3/25/04 Page 15 ~ .,~ "\i¡ ~ ~ TRANSPORTATION DISADVANTAGED TRUST FUND SERVICE RATES COMMUNITY TRANSPORTATION COORDINATOR: St. Lucie County BOCC (Beth Rvder) EFFECTIVE DATE: 10/01/2004 TYPE OF SERVICE TO BE UNIT COST PER UNIT PROVIDED (Vehicle Mile, Trip or $ Boarding Fee, etc) Paratransit - North Zone to Central Zone Trip 11.30 Paratransit - North Zone to South Zone Trip 22.60 Paratransit - Central Zone to North Zone Trip 11.30 Paratransit - Central Zone to South Zone Trip 11.30 Paratransit - South Zone to Central Zone Trip 11.30 Paratransit - South Zone to North Zone Trip 22.60 Paratransit - Transportation within any one zone Trip 1.00 Trip & Equipment Grant Application 2004/2005 Fonn Rev. 3/25/04 Page 16 ..,. = -, \w; ...., RESOLUTION NO. 04-136 A RESOLUTION DESIGNATING THE COMMUNITY SERVICES DIRECTOR AS THE DESIGNATED STAFF PERSON FOR THE COMMUNITY TRANSPORTATION COORDINATOR DUTIES FOR ST. LUCIE COUNTY AND AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. This Board is authorized to submit a Transportation Disadvantaged Trust Fund Grant Application to the Florida Commission for the Transportation Disadvantaged for Fiscal Year 2004-05. 2. This Board is authorized to undertake a transportation disadvantaged service program pursuant to Section 427.0159, Florida Statutes, and Rule 41.2, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. This Board hereby authorizes the submission of a Transportation Disadvantaged Trust Fund Grant Application with the Florida Commission for the Transportation Disadvantaged for Fiscal Year 2004 -05 in the total amount of Three Hundred Seven Thousand, Five Hundred Sixty- four and 00/100 dollars ($307,564.00) in Transportation Disadvantaged Trust Fund monies and Thirty-four Thousand One Hundred Seventy-four and 00/100 dollars ($34,174.00) local monies, a copy of which is attached hereto as Exhibit "A". 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. , 1 i", -,'q '-"' ...", 3. This Board further designates the St. Lucie County Community Services Director as the staff position to execute any and all subsequent documents necessary including agreements, assurances, reimbursement invoices, warranties and other documents which may be required in connection with the Transportation Disadvantaged Commission. 4. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 27th day of April, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney , \ t. 1,- .. ~ ...,,¡ STANDARD ASSURANCES The recipient hereby assures and certifies that: (1) The recipient will comply with the federal, state, and local statutes, regulations, executive orders, and administrative requirements which relate to discrimination on the basis of race, color, creed, religion, sex, age, and handicap with respect to employment, service provision, and procurement. (2) Public and private for-profit, transit and paratransit operators have been or will be afforded a fair and timely opportunity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services. (3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse State funds. (4) The recipient intends to accomplish all tasks as identified in this grant application. (5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing federal, state, or local government funds. (6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1,2001 or criteria set forth by any other federal, state, or local government agency. (7) Capital equipment or consultant services purchased through this grant comply with the competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes. (8) If capital equipment is purchased through this grant, the demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: (a) response time; (b) fares; ( c) geographic service area; (d) hours and days of service; ( e) restrictions on trip purpose; (f) availability of information and reservation capability; and (g) contracts on capacity or service availability. Trip & Equipment Grant Application 2004/2005 Form Rev. 3/25/04 Page 18 , ., .. '~ In accordanc~h 49 CFR Part 37, public entities operating demand respdtft!lve systems for the general public which receive financial assistance under Sections 5310 or 5311 of the Federal Transit Administration (FT A) have filed a certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FT A funds have also filed a certification with the appropriate program office. Such public entities receiving FTA funds under any other section of the FTA have filed a certification with the appropriate FT A regional office. This certification is valid for no longer than the contract period for which the grant application is filed. Date: 04/27/2004 Signature: Name: Paula A. Lewis Title: Chair. St. Lucie County Board of County Commissioners Trip & Equipment Grant Application 2004/2005 Form Rev. 3/25/04 Page 19 ·... .f.. S~AS> Approp: SAMAS Obj.: Org Code: TDTF 035 FM/Job No(~ CSFA No. 55001 Vendor No.: 0~6 750001 55 12 00 00 952 Fund: Function: Contract No.: FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of 20_ by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and hereinafter called the Grantee. WIT N E SSE T H: ps tion disadv tage In acc r anc he sp 2 , Florida Sta+tes, inis ative 'cod 0 ual for the TI1Ìp & Equipmen Grant or on-s onsor~d tri san 0 ca it eq ip ent as revised n March 1, 02' and as I her described in this Agreement and in Exhibit(s) A. B. C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non-sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. 2.20 Pursuant to Federal, State, and Lo~;: 1x\ lfie ~èvent that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to APR 0 S 200t Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 COF""!~'.··"'" (" .'. " . lì.ulw.IIUI.....u~\\.I¿S Page 1 of20 Pages ,.1, , ,I . enter into this Agre~nt or to undertake the Project hereunder, or to observe, assJJ or carry out any of the . provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds or in-kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other pennissible sanctions against the Grantee, including tennination. at by e IS 3.00 Total Project Cost: The total estimated cost ofthe Project is $ . This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of$ as detailed in Exhibit "B", or in an amount equal to the percentage(s) oftotal actual project cost shown in Exhibit "B", whichever is less. 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and then only if a match, as specified in the Application and Policy Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipment used for the provision of non-sponsored transportation services. Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 2 of 20 Pages · '" J - '" ~ ...., 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement offunds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit "A". rtation rtation 4.40 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit liB", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B". This schedule shall show estimated disbursement of Commission funds for the entire term of the Proj ect by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 3 of 20 Pages II 1- .i . by the Commission~y significant deviation from the approved schedule in Exln~"B" requires advance ' submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the proj ect shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored fmancing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Proj ect. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, driver's manifests, vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 4 of 20 Pages -'A .~ ... The Grantee sha~ovide sufficient detailed documentation for each cost or èPIMn for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Banking and Finance. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee 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 Grantee 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, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. in a¢cordance with ornnkission and the I it, the Co ission's auth rized anifests, ca i I equipment; d to audl e booKs, records an accoun s pe aining 0 tfie nancing an eve opment 0 e proJec at all reasonable times including upon completion of the project, and without notice. Grant recipients shall make all records available to the CTD, upon request, for a period of five (5) years after final project invoice. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 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 Grant Recipient shall submit as part of the audit package to' the Commission a plan for corrective action to Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 5 of 20 Pages eliminate such aud~dings or a statement describing the reasons that correctiv':...)tion is not neces!:]Y~' ' The Grant Recipi shall take timely and appropriate corrective action any audit finclings, . recommendations, and corrective action plans. Monitoring: In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope or project-specific audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A", "Special Considerations by Grantee". equipment and arantee y 0 e (1) pers n, $200,000 per e e aged in ppr ved project er ors also maintain the same ~ount luired to pa for to its thej m e or overà.ge l'WPfrty , purchased ith 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, including, at a minimum: (1) The date the Grantee incurred project costs and equipment, vehicles or other property or services associated with the Project; (2) A statement by the Grantee certifying that the Grantee has acquired the property or services; Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 6 of 20 Pages ~ . '. '1 " (3) (4) (5) ~ actual consideration paid for the property or services; ......, A statement that the submitted detail is sufficient for a proper pre-audit or post-audit; and, An attestation, on the form or forms prescribed by the Commission, :&om the head of the Grantee, under the penalties of perjury, that the Grantee has complied with the provisions of the Grant Agreement. The designated signatory of the Grantee must sign the following attestation which appears on all Commission form invoices and requisitions: "I certify, under penalty of perjury, that the aforesaid listing is true and correct, and the Agency has complied with the provisions of the Agreement." 8.12 Comply with all applicable provisions of this Agreement. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notw' ding any rovisi ·s en issi y give w . the Gr. tee tha it will r se t make ent 0 the tee on the roj ct A count if: of a ma erial nature nits t to any oc ent or record ce by th Grantee of nyof Project, he Agreemel t, or e conflict 0 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In detennining the amount of the Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effecti ve date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "C". Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 7 of 20 Pages ..... . 1'0 t" ./' 8.40 Invoices for ~dS or Services: Invoices for goods or services or expens~rovided or incu~ed pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-I, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services perfonned pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 8 of 20 Pages ~ "!"I . J I) .., ~ . Project'Account is mad~e Grantee shall remit to the Commission its share of any ~xpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall pennit, and shall require its contractors to pennit, the Commission'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 at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itselfin any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Co . 'on as provi . Para 3. t at b 'ng into . t, it e licitly c ifies th t all 0 its thi d p co tacts ill be execute in omp iance wi this section. the 13.00 s: 13. ual ymen i . ec ith the c , the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affinnative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, 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 tennination; rates of payor other fonns of compensation; and 'selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the 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. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 9 of 20 Pages ... JI" it' t' I , Þ' 13.20 Title VI - C~Rights Act of 1964: The Grantee must comply with all the ~uirements imposed by . Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee :trom any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the erfonnance of an other work for which the Grantee is responsible. t The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. " The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 10 of20 Pages · j ) .... .. siIb-contractors s~ not discriminate against anyone on the basis of a handi~ or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as amended, as it may be amended :trom time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose oflobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. the acquisition, ipment are shall not b 0 ligated or liable 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and 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. Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page II of 20 Pages ,... " I , .' 14.50 Bonus and ~mmiSSions: By execution of the Agreement the Grantee rep~nts that it has n~t 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 Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 12 of20 Pages . J '1 .... . projec~uipment and vehicles shall be documented in the project fi~) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds ITom sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor ofthe Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commission's Capital Equipment Procedure or the Commission. 16.00 Contractual Indemnity: To the extent pennitted by law, the Grantee shall indemnify, defend, save, and hold hannless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. Trip & Equipment Grant Agreement 2004/2005 Fo01l Rev. 03/30/04 Page 13 of20 Pages ,. ,1 I , . '-' '.,J 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: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; 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 Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: e Project od, t . s agreem twill expir of the time s gr ted to the ant in ri' n y he h on of the C mmission:6 e Trans orta ion Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than 90 days after the expiration date of this agreement. 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 Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03130/04 Page 14 of 20 Pages . 1 J ') ~~ . ,.. ,--. ...",¡ counterparts, each of wIiiéh so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: 21.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with Section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance after receiving an approved invoice :from the Commission. 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. Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03130/04 P~ge 15 of 20 Pages ", " I, ~ \....., \..I when it provides ~al assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. .--- I o L--.I _ Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 16 of20 Pages · I J-) ... ~ '- FM/JOB NO(S). .....1 CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: COMMISSION FOR THE TRANSPORTATION DISADV ANT AGED BY: COmmissionlDeSi ~e ] DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 17 of 20 Pages \.f FMlJOB NO(S). CONTRACT NO. AGREEMENT DATE ... J. , ~ \J EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSmILITIES TRIP/EQUlPMENT This exhibit fonns an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and PROJECT LOCATION: County I 1. h in the orid Department of r riteri by any Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 18 of 20 Pages · t .1 ..~ # ~ FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE """ EXHIBIT "B" PROJECT BUDGET AND CASH FLOW This exhibit fonns an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and I. PROJECT COST: Estimated Project Cost shall confonn to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1,2003. Trips shall be purchased at the rates indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code. Non-sponsored Trips Voluntary Dollar $ $ II. S: U ran ort ion un (n mo o trib ti ns 'd .0 Total Project Cost $ .00 ill. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 04/05 FY 05/06 Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 19 of20 Pages P. ,t I . ~ FM/JOB NO(S). CON1RACT NO. AGREEMENT DATE '..."J . EXHIBIT" C" TRIP/EQUlPMENT This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit copy of [mancial reporting packages of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to: CER Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 T ahassee, FL 3 -0450 etail suffi ient for a pro er pre- deta I sufficient for a contract pursuant to f vehicles as it reimbursement sSlOn's pol cy 0 certificatio sh 1. cion 12.10 exc t that 1. Contracts furnishing contractual services or commodities ITom a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category IT as set forth in section 287.017(1)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 287.017(1)(a), Florida Statutes. Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 20 of 20 Pages ,.... ' ,~ í SAMAS Approp: SAMAS Obj.: Org Code: TDTF 035 FM/Job No(~ CSF A No. 55001 Vendor No.: 0~46 750001 55 120000952 Fund: Function: Contract No.: FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of 20_ by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and hereinafter called the Grantee. WIT N E SSE T H: Agre Provid no -sp nso d transportatio g,ps dlor c pit qui ent to ten - disadv taged In acc r anc e sp tion i ad an ge Trust Fun in Chapter Rule 41- , Florida inis ative 'cod 0 i sio p lic s, the pplication Equipmen Grant or n-s onsor~d tri s an 0 ca ita eq ip ent as revised described in this Agreement and in Exhibit( s) A. B. C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non-sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. em nt ·s to' 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state aqd local applicable laws. 2.20 Pursuant to Federal, State, and Lo~r!t\ttie:event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to APR 0 5 200; Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 CO" ~'O"!H""''''', (''' '. ". '¡ . I..'.'will' I' .....u«, ¡",¡S Page 1 of20 Pages .' i ~.. , enter into this Agre~nt or to undertake the Project hereunder, or to observe, assu)/ or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds or in-kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Proj ect as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. at by e t the app icable law e e 3.00 Total Project Cost: The total estimated cost of the Project is $ . TIris amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of$ as detailed in Exhibit "B", or in an amount equal to the percentage(s) oftotal actual project cost shown in Exhibit "B", whichever is less. 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and then only if a match, as specified in the Application and Policy Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipment used for the provision of non-sponsored transportation services. Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 2 of 20 Pages · I ~ Ii \ 1. '-' ......" 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other tenns of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit "A". 4.40 taged Trust area, m not borrow, designat d s ce area 5.00 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in confonnity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B". This schedule shall show estimated disbursement of Commission funds for the entire tenn of the Project by month or quarter ofthe fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is detennined to be appropriate Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 3 of 20 Pages 1,1 . ,," , by the Commission~y significant deviation from the approved schedule in Exhi~'B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the proj ect shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in confonnity with the latest current unifonn requirements established by the Commission to facilitate the administration of the non-sponsored fmancing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Proj ect. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, driver's manifests, vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 4 of20 Pages . I ''1 ~ ¡-( . The Grantee sh~rovide sufficient detailed documentation for each cost or ~m for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Banking and Finance. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee 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 Grantee 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, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart :£Tom all other such documents. orta:ono fut Sœle orking pa rs, as in a~cordance with omnJ1ission and the I 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 Grant Recipient shall submit as part of the audit package to the Commission a plan for corrective action to Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 5 of 20 Pages eliminate such audilr:;dings or a s~ement describing the reasons that correetiveJon is not necešs.,.y. The Grant Recipl shall take tImely and appropnate correctIve actIon any audit findmgs, recommendations, and corrective action plans. :;:1 , Monitoring: In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope or project-specific audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A", "Special Considerations by Grantee". arantee for 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, including, at a minimum: (1) The date the Grantee incurred project costs and equipment, vehicles or other property or services associated with the Project; (2) A statement by the Grantee certifying that the Grantee has acquired the property or services; Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 6 of 20 Pages · ' ", .i (3) ~ actual consideration paid for the property or services; """'" (4) A statement that the submitted detail is sufficient for a proper pre-audi t or post -audit; and, (5) An attestation, on the form or forms prescribed by the Commission, £Tom the head of the Grantee, under the penalties of peIjury, that the Grantee has complied with the provisions of the Grant Agreement. The designated signatory of the Grantee must sign the following attestation which appears on all Commission form invoices and requisitions: "I certify, under penalty of peIjury, that the aforesaid listing is true and correct, and the Agency has complied with the provisions of the Agreement." 8.12 Comply with all applicable provisions of this Agreement. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notw° ding any rovisi 's en issi y give w the Gr. tee tha it will r se t make ent 0 the r tee on the roj ct A count if: Grantee of yof e Agreeme t, or e conflict 0 8.25 Default: The Grantee has been detennined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "C". Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 7 of 20 Pages ft· , . . ' '-' . fì d· ...",¡ ·d d· d 8.40 Invoices for GOods or Services: InvOIces or goo s or servtces or expenses proVl e or mcurre pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-l, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services perfonned pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: final termi ation out the a tions 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 8 of 20 Pages · . JI~ .-c Projèct Account is ma~he Grantee shall remit to the Commission its share of any ~xpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall pennit, and shall require its contractors to permit, the Commission'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 at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Co . 'on as provi . Para 3. t , hat b 'ng into . t, it e licitly c ifies th t all its thi d p co tacts ill be execute in omp iance wi this section. 12.30 mpe ·ti Pr em nt: Pr r e t of 1 s ices, v ¡cles equ pment or ther commodities com ly it the provisio¿ 0 Se ti n 28 . 57, 1 rida tatutes. U on e Commi sion s request, the an ee s all ify comPlian~\ ith i law. 13.00 estrictions P ohi dion \' COf1 ols a d L s: 13. ual ymen~ i· ec ith the ct' , the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affinnative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, 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 tennination; rates of payor other fonns of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the 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. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. the Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 9 of 20 Pages \,' ~' , 13.20 Title VI- Ci~ghts Act of 1964: The Grantee must comply with all the ~irements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the erformance of an other work for which the Grantee is responsible. t The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee ofthe Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of it~ contractors or their Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 10 of 20 Pages . ~ .., ...< . sub-contractors ~l not discriminate against anyone on the basis of a handi~ or disability (physical, mental or emotional impainnent). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as amended, as it may be amended ITom time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose oflobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to confonn to the terms and requirements of applicable law. Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page II of 20 Pages \. , . ~ ' 14.50 Bonus and C~ssions: By execution of the Agreement the Grantee repr~nts 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 Grantee to observe or enforce compliance with any provision thereof, perfonn any other act or do any other thing in contravention of any applicable State or federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment~ purchased or financed in whole or in part with Transportation Disadvantaged Trust Funds pursuant to this Agreement~ in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of pr . ehicles an ·pment . -p . n unle roved in ommlSSl n. 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 12 of20 Pages ." " ..( proje~quipment and vehicles shall be documented in the project ~s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds fÌ"om sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfY its lien of record. 16.00 Contractual Indemnity: To the extent pennitted by law, the Grantee shall indemnifY, defend, save, and hold harmless the Commission and all their officers, agents or employees :£Tom all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting :£Tom the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 13 of20 Pages '11" ,. ,.J 1 '-' \.J 17.00 Appropriation of Funds: 17.10 The State of Florida's perfonnance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of$25,000 and has a tenn for a period of more than one year, the provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: n or before od, s agreem twill expir of the time s gr ted to the ant in ri' n y he heron of the C mmission f4 e Trans orta ion Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than 90 days after the expiration date of this agreement. 19.00 Agreement Format: All words used herein in the singular fonn 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 Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 14 of 20 Pages · J ì; .." couriterparts, each of~h so executed shall be deemed to be an original, and such\1'unterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: 21.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with Section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance after receiving an approved invoice from the Commission. 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. Trip & Equipment Grant Agreement 2004/2005 FOnTI Rev. 03130/04 P~ge 15 of 20 Pages "r ¡...1 , . when it provides ~1 assistance pursuant to this section. The Department of L~l Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. - I o '---' '--- Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 16 of20 Pages J .10, .., ..." FMlJOB NO(S). ...., CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: COMMISSION FOR THE TRANSPORT A TION DISADVANTAGED BY: DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 17 of 20 Pages · . , , , ' '-' FMlJOB NO(S). CONTRACT NO. AGREEMENT DATE ...."J EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSmILITIES TRIP/EQUIPMENT This exhibit forms an integral part ofthat Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and PROJECT LOCATION: County 1. h in the arid Department of r riteri by any Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03130/04 Page 18 of20 Pages I J, II ~ ...." FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE w' EXHIBIT "B" PROJECT BUDGET AND CASH FLOW This exhibit fonns an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and I. PROJECT COST: Estimated Project Cost shall confonn to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1,2003. Trips shall be purchased at the rates indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code. Non-sponsored Trips Voluntary Dollar $ $ ll. S: D ran ort ion un (n mo Total Project Cost $ .00 ill. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 04/05 FY 05/06 Trip & Equipment Grant Agreement 2004/2005 Fonn Rev. 03/30/04 Page 19 of 20 Pages \.. " , '-"" FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE ~ EXHIBIT "c" TRIP/EQUIPMENT This exhibit fonns an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to: ing documen ifu su PO~il etail suffi ien! per pre- ntation,' deta I sufficient for a Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 T ahassee, FL 3 -0450 ISSlon's pol cy 0 certificatio sha t. f vehicles as it reimbursement pursuant to cion 12.10 exc t that 1. Contracts furnishing contractual services or commodities fÌ'om a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category IT as set forth in section 287.017(l)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 287.017(l)(a), Florida Statutes. Trip & Equipment Grant Agreement 2004/2005 Form Rev. 03/30/04 Page 20 of 20 Pages , ' {, ,,-' \.f .., AGREEMENT THIS AGREEMENT made and entered into this day of ,2004 by and between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter referred to as the "Coordinator", and COUNCIL ON AGING OF ST. LUCIE, INC., a Florida not-for- profit corporation, hereinafter referred to as the "Operator". WITNESSETH WHEREAS, Chapter 427, Florida Statutes, provides for the provision of transportation services for the transportation disadvantaged as defined in Section 427.011 (1 ), Florida Statutes; and, WHEREAS, the Coordinator is the designated Community Transportation Coordinator for St. Lucie County pursuant to Chapter 427, Florida Statutes; and, WHEREAS, the Operator is engaged in providing transportation services for elderly and transportation disadvantaged and other persons in St. Lucie County; and, WHEREAS, the Operator is willing and able to provide demand-response ground transportation to qualified individuals with disabilities pursuant to the mandates of the Americans with Disabilities Act, and to the transportation disadvantaged in accordance with Chapter 427, Florida Statutes, and to members of the public of all ages. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS 1.1 Americans With Disabilities Act of 1990 ("ADA"): A civil rights act signed into law on July 26, 1990, as Public Law 101-336, 104 State. 327,40 U.S. C. 12101- 12213 and 47 U.S.C. 225 and 661, as it may be amended from time to time. 1.2 Client: A person who has been qualified and certified as being transportation disadvantaged pursuant to Chapter 427, Florida Statutes, and/or qualified for services as being disabled under the ADA and who otherwise qualifies and has been certified by the Operator. 1.3 Companion: Person, other than a personal care attendant, traveling with an ADA eligible client and having the same origin and destination as the eligible individual pursuant to 42 CFR Section 37.l23(t). · II .. -.... ....I 1.4 Community Transportation Coordinator ("CTC"): A transportation entity recommended by the St. Lucie Metropolitan Planning Organization to ensure that coordinated transportation services are provided to the transportation disadvantaged population in St. Lucie County. 1.5 Demand Response: A form of public transportation which is not a fixed route system but with flexible routing and scheduling which provides transportation at the request of a client. 1.6 Door-to-Door Service: The specific location of pick up or drop off determined for an individual client at the time said client is certified and scheduled for service. 1.7 FDOT: Florida Department of Transportation. 1.8 FT A: Federal Transit Act, as amended, or the Federal Transit Agency, as the Agreement may require. 1.9 LCD: Local Coordinating Board. 1.10 MPO: St. Lucie Metropolitan Planning Organization. 1.11 No Show: A person who misses a scheduled paratransit trip without canceling the trip far enough in advance to allow the schedule to be adjusted pursuant to the provisions of this Agreement. 1.12 Paratransit: The providing of service between specific origins and destination selected by the client which service is provided at the time that is agreed upon by the Operator and client or patron and may involve service being provided by bus, specially equipped vehicle taxi, or sedan. It is a non-fixed route, non-scheduled nature of service and provides comparable transportation service required by the ADA for qualified individuals who are unable to use fixed route transportation systems. 1.13 Patron: Member of general public paying a fare for transportation services. 1.14 Personal Care Attendant: A person traveling as an aid to facilitate travel by a person with a disability. Personal care attendants may include, but are not limited to, nurses, caretakers, and parents of clients. Pursuant to 42 CFR Section 37.l25(i), a client shall indicate, at the time of registration, whether or not he or she travels with a personal care attendant. 1.15 Prescheduled Trips: A trip that is scheduled, at a minimum, by 2:00 p.m. the date preceding the day travel is requested. It shall also be termed "next day service". 2 " ", .. ,...,. ....., 1.16 Project Mana~er: The individual or position (1) employed by the Coordinator and (2) within the Operator's organization who is responsible for the performance of that party's services and obligations hereunder and to whom all matters arising in connection with the performance of this Agreement shall be directed. The Project Manager for the Coordinator shall be the Coordinator's Transportation Coordinator, currently Beth Ryder, Community Services Director. The Project Manager for the Operator shall be its Transportation Director, currently Darrell Drummond. 1.17 Public Transportation: Transportation of persons by conveyance and available for use by the general public and may involve service by sedan, bus, specially equipped vehicle and may be either fixed route with deviation or demand response or combination thereof. 1.18 Oualified Individual with a Disability: An individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment, and is more particularly defined in 42 CFR Section 37.l23(e). 1.19 Real Time Trips: Service provided on an immediate response basis during the Operator's normal hours for a one way trip that is provided to a client. 1.20 Response Time: Elapsed time between a request for service and the provision of service where the provision of service is measured as the time the vehicle arrives to pick up the rider in accordance with Article II, Scope of Services. 1.21 Section: A specifically numbered paragraph herein, or if none within an Article, the entire Article. 1.22 Section 5307: Section 5307 (formerly Section 9) of the Urban Mass Transit Act, which governs distribution of the public transit and operating block grant appropriations made by Congress each year among urbanized areas across the United States of America. 1.23 Service Area: The Service Area shall be the entire area of St. Lucie County, Florida, including both the incorporated and unincorporated areas. 1.24 Service Criteria: The six service measures used to define comparability between fixed route service and complementary paratransit service, which include service area, response time, fares, trip purpose, hours and days of service, and capacity constraints, as same are defined under the ADA. 1.25 Service Plan: The annual implementation plan approved by the LCB which contains the goals the CTC plans to achieve and the means by which the CTC plans to achieve them. 3 .4 J.. tJ '-' ..J 1.26 Subscription Services: Service in which clients are transported on a pre-arranged schedule over an extended period of time for purposes including, but not limited to, employment, education, or ongoing medical treatment without requiring that a reservation be placed for each trip. 1.27 Transportation Disadvanta~ed: Persons who due to recognized disability, social or economic factors are transportation disadvantaged as defined by Section 427.011(1), Florida Statutes, and who, pursuant to said statute and regulations promulgated pursuant to Chapter 427, Florida Statutes, are certified as qualifying for such services. 1.28 UMTA: Urban Mass Transportation Act of 1964, as amended, ARTICLE II SCOPE OF SERVICES 2.1 Pro~ram Objectives: The program shall have the following objectives as well as those which the Coordinator and the Operator shall agree upon in the future: (a) Paratransit Services: Provide transportation services to qualified individuals with disabilities of all ages in accordance with the mandates of the ADA, as may be amended from time to time. (b) Public Transport Services: Provide fixed and non-fixed route public transportation to the transportation disadvantaged in accordance with the mandates of Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Coordinator Service Plan, and to fare paying members of the public of all ages, utilizing Section 5307 or other state and/or federal assistance funds. (c) Consulting: and Grant Services: Preparing and filing applications for transportation services grants under Sections 5307,5310,5311, UMT A and FDOT block grants, as may be requested by the Coordinator. 2.2 Scope of Work/Services: The Operator shall provide the following work and services in accordance with the terms hereof and applicable statutes, ordinances, laws, rules and regulations as herein required and set forth or as otherwise applicable: (a) Public transportation services provided bv Operator: (1) The Operator shall furnish all facilities, labor, materials and equipment and shall provide all necessary service in the manner and form provided herein for transportation and scheduling of approved fixed and non-fixed public transportation 4 ,t I... ,4 '-' """ routes in accordance with Chapters 341 and 427, Florida Statutes, and all applicable laws, rules and regulations. (2) Additional Recipients: The Operator shaIl have the right to provide services to and for other programs, agencies and bodies including, but not limited to, Medicaid recipients, Community Development Block Grant recipients, and members of the general public which may be provided simultaneously, at the Operator's sole judgment and discretion, and in conjunction with services performed hereunder, including origination, destination and routing. (3) Public Records: The Operator shaIl aIlow 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 Coordinator in conjunction with this Agreement. The Operator agrees that the Coordinator or any of its duly authorized representatives shaIl, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records ofthe Operator involving transactions related to this Agreement. The Operator agrees that payment( s) made under this Agreement shaIl be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Operator shall refund by check payable to the Coordinator the amount of such reduction of payments. All required records shaIl be maintained until an audit is completed and all questions arising therefrom are resolved, or five (5) years after termination of this Agreement, whichever is sooner. (b) Paratransit Services - The Operator shall provide cost effective and efficient paratransit services. The Operator shall schedule and provide all equipment and personnel for the transport of paratransit clients with door-to-door service pursuant to all applicable local, state and federal laws and regulations governing transportation services under the ADA and transportation disadvantaged services under Chapter 427, Florida Statutes; Rule 41-2, Florida Administrative Code, and the Service Plan, as may be amended. (c) Consulting and/or Grant Services: (1) The Operator shall be available to assist the Coordinator in assessing and planning for its transportation and transit needs and related infrastructure needs. (2) As requested by the Coordinator, the Operator may prepare and submit grant applications or proposals for various public transportation programs and services, including but not limited to Section 5311, UMT A for urban/rural 5 · . " I· .. ....,I and public transportation for persons of all ages, capital and operating funds, FDOT Block Grant funds, Section 5307 funds, Section 5310 Capital Expenditure Funds for Transportation for Elderly and Handicapped, and other available funds, programs and sources. (3) The Operator shall assist the Coordinator, the MPO and/or the Coordinator in determining future transportation needs, programs and services in St. Lucie County. (4) The Operator shall provide the Coordinator, the MPO and/or the Coordinator with data pertaining to trips, ages, destination, trip purposes, trips per day and other relevant, requested or required information and data. (5) The Operator shall assist the Coordinator in developing and preparing the Coordinator's transportation disadvantaged service plan and coordinated transportation development plan. (6) The Operator shall assist the Coordinator in monitoring all state and federal reviews and reports of transportation programs and services in St. Lucie County. (7) The Operator may prepare, suggest and recommend changes in the MPO's Transportation Improvement Program (TIP) and/or the St. Lucie County, City of Fort Pierce, and City of Port St. Lucie Comprehensive Plans for purposes of consistency. (8) The Operator shall be compensated separately for such grant and consulting services in the event that it shall no longer be sole transportation provider under contract with the Coordinator. (d) Right of First Consideration For that period during the term of this Agreement that the Coordinator continues to operate a brokered system for TD and ADA transportation services, the Operator shall act on behalf of the Coordinator and the CTC in handling contract negotiations with the concurrence ofthe CTC, and provide scheduling, dispatching and invoicing services for such brokered system. The parties acknowledge that the Operator presently act as the broker for all transportation service programs in St. Lucie County, and has the authority to enter into service agreements or coordination agreements with other operators to include Medicaid providers with the concurrence of the CTC. It is the parties' express intent to augment St. Lucie County's coordinated TD system by encouraging all local qualified transit providers to come under a coordinated system to form a cost efficient and effective transportation system for the residents of St. Lucie County. 6 , . t, ,. ~ .",., With regard to public transportation, the Coordinator agrees that the Operator shall be given first consideration to elect to perform any and all additional demand-responsive, paratransit ground transportation or public transportation programs that may be funded or administered by the Coordinator, UMT A and/or FDOT in St. Lucie County during the term of this Agreement upon terms and conditions acceptable to both the Coordinator and the Operator. (e) Commission for the Transportation Disadvantaged Standards and Performance Requirements: The Operator shall comply with the Commission for the Transportation Disadvantaged Standards and Performance Requirements, attached hereto and incorporated herein as Exhibit "A". ARTICLE III TERM OF AGREEMENT 3.1 Term: Termination: (a) The term of this Agreement shall begin on July 1, 2004 and shall continue through and including June 30, 2007, or until terminated as provided in Article XI or as otherwise provided herein. The term of this Agreement may be extended for an additional two (2) years upon the prior written consent of the parties. (b) In the event that the ADA or the regulations promulgated thereunder are amended in such a manner as to be in conflict with or otherwise substantially affect the terms of this Agreement, the parties agree that the effected terms of this Agreement shall be subject to renegotiation in order to provide for compliance and consistency with the ADA and such regulations. (c) In the event that Transportation Disadvantaged Trust Fund monies, Sections 5307, 05310, and/or 5311 funds or other sources of similar funding for public transportation are discontinued or substantially reduced, the Coordinator, at its option, may appropriate local funds as matching funds or, in lieu ofTD Trust Fund or Section 5307 or similar funding sources, to assist the Operator in the continuation of its transit activities. In the event the Coordinator does exercise this option, the parties shall conduct an assessment of the transportation needs in the County and shall adjust the service schedule according to such need and the amount of appropriated funding. In the event the Coordinator does not exercise this option, the Operator may, in its sole discretion, determine whether to continue its public transportation programs and services, in whole or in part, or to terminate some or all of said services and shall further have the right, in its sole discretion, to continue some part, form, or method of public transportation funded publicly or privately as it may determine. 7 ,';) '-' ..." ARTICLE IV COMPENSATION 4.1 The Coordinator shall compensate the Operator for the provision of services under Section 2.2(b) of this Agreement as follows: (a) For each one-way trip from pick up point to destination, an amount as set forth in the Fare Schedule included in the Service Plan, as may be amended during the term of this Agreement. (b) There shall be no payments for scheduled passengers who are "no shows". (c) The Operator shall report to the Coordinator the trips made hereunder and invoice the Coordinator for the same on a monthly basis. The Coordinator shall make its payments to the Operator within thirty (30) days following the receipt of the Operator's invoice. Such thirty (30) day period shall commence on the next working day after receipt of the Operator's report and invoice. (d) In no event shall the total amount of compensation paid to the Operator during any fiscal year of the Coordinator (October 1 through September 30) exceed the amount of funds appropriated for such expenditures. 4.2 The Fare Schedule shall be subject to annual renegotiation as to the amount of compensation and/or fare schedule for any subsequent terms of this Agreement. 4.3 The Operator shall establish and set fares for services for other transit programs, clients and passengers including any public transportation activities created, operated and/or maintained with Section 5307 funds. 4.4 The Operator shall be responsible for the collection of any fares to be paid by program recipients and clients or members of the public. 4.5 The Coordinator shall not compensate the Operator for the provision of services under Section 2.2.( c), except as provided under Subsection 2.2( c )(8). ARTICLE V PROJECT COORDINATION AND RESPONSIBILITIES 5.1 The Operator shall accept instructions, authorizations, and approvals from the Coordinator Project Manager as may be appropriate and mandated under Chapter 427, Florida Statutes, Rule 41- 2, Florida Administrative Code and the Coordinator's Service Plan. 5.2 In the event that the Operator appoints a person to serve as its Project Manager other 8 · . ,:¡ .. '-' ....., than as stated above in Paragraph 1.16, the Operator shall submit in writing to the Coordinator the name of the new Project Manager who may be a designated corporate officer ofthe Operator. The Operator shall submit in writing to the Coordinator a list of personnel involved in the provision of services under Section 2.2.(b) of this Agreement, including names, positions and functions. 5.3 The Operator represents that it has, or will secure, all personnel required to perform the services specified under Section 2.2(b) of this Agreement and that all personnel engaged in such work shall be fully qualified as required by this Agreement and applicable laws, statutes, and ordinances. 5.4 The Coordinator shall cooperate and provide such reasonable assistance to the Operator as to facilitate the accomplishment of contract objectives. Nothing contained herein shall in any way relieve the Operator from its responsibilities to perform the services called for in this Agreement. 5.5 Coordinator's Responsibilities: ( a) Prepare all necessary applications and memoranda of agreement between the Coordinator and Commission for Transportation Disadvantaged for transportation disadvantaged programs. (b) Provide the Operator with such assistance, data and information as the Operator may required for the preparation and submission of grant applications, proposals and requests for transportation projects and services. (c) Assist and cooperate with the Operator in scheduling, noticing, organizing and conducting a public hearing or hearings during February of each year, or such other time as agreed upon by the parties, as may be required for services to be provided for and in compliance with FDOT Block Grant funding, Section 5307 projects, Transportation Disadvantaged compliance or such other public hearings as may be required under public funding obtained by the Operator. (d) Assist and/or coordinate with the Operator in the annual update of the Transit Development Plan ("TDP") and the Transportation Improvement Plan ("TIP"). 5.6 Operator's Responsibilities: In addition to the operations, services and responsibilities ofthe Operator set forth elsewhere in this Agreement, the Operator shall also: (a) Monitor and review all compliance with applicable state and federal program guidelines and requirements. 9 , ) a 1'. '-' ....., (b) Provide certifications and assurances as may be required under such state and federal programs, funding initiatives as may be required by programs exclusively administered by the Operator. (c) Designate a person as approved by the MPO to sit as a member of the Local Coordinating Board and the MPO Technical Advisory Committee. (d) Provide the assurances, protections and certifications called for by the Department of Labor Certification Letter dated June 23, 1994 and the language required therein to be incorporated herein, a copy of which is attached hereto as Exhibit "B". (e) Assist and cooperate with the LCB in scheduling, noticing, organizing and conducting a public hearing or hearings during February of each year as may be required for services to be provided for and in compliance with FDOT Block Grant funding, Section 5307 projects, Transportation Disadvantaged projects, ADA compliance or such other public hearings as may be required under public funding obtained by the Operator. (f) Assist and/or coordinate with the MPO in the annual update of the Transit Development Plan ("TDP") and the Transportation Improvement Plan ("TIP"). (g) The Operator shall provide the Coordinator Project Manager with advance notice and agenda packages of all Operator Board of Directors and Transportation Committee meetings and such meetings shall be noticed and open to the public. (h) The Operator shall accept instruction, authorization and approvals from the CTC as may be appropriate and mandated under Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code and the Coordinator's Service Plan. The parties shall direct all matters arising in connection with the performance of this Agreement, including invoices, notices, and required reports, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. ARTICLE VI RECORDS AND AUDIT 6.1 For services under Section 2.2(b), the Operator shall maintain such separate records and accounts including property, personnel, and financial records as are deemed necessary 10 , . .' ~ III '-' ..." by the Coordinator to ensure a proper accounting record. The system of accounting will be in accordance with generally accepted accounting principles and practices. (Reference the manual "Transportation Accounting Consortium Model Uniform Accounting System for Rural and Specialized Transportation Providers," October 1986. See Section 41-2.007(6), Florida Administrative Code. 6.2 In conjunction with the execution of this Agreement, the Operator shall submit forms and records it intends to use to satisfy the requirements of this article for review and approval by the Coordinator. 6.3 At reasonable intervals during regular business hours, the Coordinator, its duly authorized representatives and federal and state personnel shall have the right to audit, examine, and make excerpts and transcripts from the Operator's records with respect to matters covered in this Agreement and funded by the Coordinator and/or state or federal momes. 6.4 In the event funds paid to the Operator under this Agreement are subsequently disallowed during the audit period by the Coordinator because of accounting errors or charges not in conformity with Chapter 427, Florida Statutes, the Service Plan, and/or any regulations promulgated thereunder, or the terms of this Agreement, the Operator shall refund promptly such disallowed amounts to the Coordinator. 6.5 Pursuant to the Federal Transit Administration's standards for precision, accuracy and accountability, the Operator shall report data for the National Transit Data Base Report to the Coordinator. The Operator shall collect the data for the National Transit Data Base Report. The Operator shall be responsible for the collection of financial and operational data, including on-board operational and passenger related data. All source documents for the National Transit Data Base Report filings shall be subject to audit. 6.6 The Operator shall not use or disclose any information concerning a recipient of services under this Agreement for any purpose not in conformity with the state regulations (HRSM 50-1) and federal regulations (45 CFR, Part 205.50), except on written consent of the recipient, or his or her responsible parent or guardian when authorized by law. ARTICLE VII CIVIL RIGHTS COMPLIANCE 7.1 The Operator shall comply with the following civil rights laws, regulations and rules: (a) Title VI of the Civil Rights Act of 1964 and Section 504 ofthe Rehabilitation Act of 1973, as amended. The Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal 11 .- .. \w' ...." financial assistance and activities receiving or benefitting from federal financial assistance to programs or activities receiving or benefitting federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. The Operator shall also assure compliance with: (1) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 20003 et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefitting from federal financial assistance. (2) Section 504 of the RehabilitationActof1973, as amended, 29 U.S.c. 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefitting from federal financial assistance. (3) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefitting from federal financial assistance. (4) The Age Discrimination Act of 1975, as amended, 42 U.S.C. et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefitting from federal financial assistance. (5) The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefitting from federal financial assistance. (6) All regulations, guidelines, and standards lawfully adopted under the above-referenced statutes. (7) The Americans with Disabilities Act of 1990, as it may be amended, from time to time. 7.2 The Operator acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt or benefit from federal financial assistance, and that it is binding upon the Operator, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, sub grantees, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any or its programs and activities are not discriminating against those participants or employees in violation of t he above statutes, regulations, 12 i~. If" ,.,. ~ guidelines, and standards. In the event of failure to comply, the Operator agrees that the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 7.3 The Operators' obligation to indemnify, defend and pay for the defense or at the Coordinator's option, to participate and associate with the Coordinator in the defense and trail of any claim and any related settlement negotiations under this article, shall be triggered by the Coordinator's notice of claim for indemnification to the Operator. The Operator's inability to evaluate liability or it evaluation of liability shall not excuse the Operator's duty to defend and indemnify within seven days after such notice by the Coordinator is given by certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically find the Coordinator solely negligent shall excuse performance of this provision by the Operator. The Operator shall pay all costs and fees related to this obligation and its enforcement by the Coordinator. The Coordinator's failure to notify the Operator of a claim shall not release the Operator of the above duty to defend. ARTICLE VIII INSURANCE AND INDEMNIFICATION 8.1 The Operator shall not commence work under this Agreement until it has obtained all insurance required under this Article and a certificate of insurance indicating such coverage has been provided to the Coordinator. The Operator shall maintain during the term of this Agreement the following insurance: (a) Worker's Compensation Insurance: For all employees in compliance with the Chapter 440, Florida Statutes, and all applicable federal laws. In addition, the policy(ies) must include: (1) Employer's Liability with a limit of five hundred thousand and 00/100 dollars ($500,000.00) per accident. (2) The policy must be endorsed to provide the Coordinator with thirty (30) days prior notice of cancellation and/or restriction. (b) Business Automobile Liability: Minimum limits of one million and 00/1 00 dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy without restrictive endorsements, as filed by the Insurance Services Office and must include: (1) Owned vehicles. 13 ~ ,if j -' .. ~ ..,¡ (2) (3) (4) (5) (6) Hired and non-owned vehicles. Employers' non-ownership. Uninsured motorists. Third party beneficiaries. The policy must be endorsed to provide the Coordinator with thirty (30) days prior notice of cancellation and/or restriction. (c) Comprehensive General Liability: Minimum limits of five hundred and 00/1 00 dollars ($500,000.00) per occurrence to be provided on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy without restrictive endorsements, as filed with the Insurance Services Office and must include: (1) Premises and operations. (2) Products and completed operations. (3) Independent contractors. (4) Broad form property damage. (5) Broad form contractual coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. (6) The policy must be endorsed to provide the Coordinator with thirty (30) days prior notice of cancellation and/or restriction. 8.2 The Coordinator is be specifically included as an additional named insured for the liability of the Coordinator resulting from operations performed by or on behalf of the Operator and the performance of this Agreement and for liability ofthe Coordinator for acts or omission of the Coordinator in connection with the general supervision of such operations. The Operator's insurance, including that applicable to the Coordinator as an additional named insured shall apply on a primary basis and any other insurance maintained by the Coordinator shall be in excess of and will not contribute with the Operator's insurance. 8.3 The Operator shall provide to the Coordinator Certificates of Insurance evidencing the insurance coverage specified above. If the initial insurance expires prior to the termination of this Agreement, renewal Certification of Insurance shall be furnished thirty (30) days prior to the date of their expiration. 8.4 Indemnification: (a) To the extent of the insurance coverage required under Article VIII, the Operator shall indemnify and hold harmless the Coordinator, the Coordinator's respective officers, employees, agents, and representatives from and against any and all claims, losses, costs, damages and liability on account of injury to or death of any person, or loss of or damage to any property arising from any act(s) or omission(s) of the Operator or its officers, 14 .. ' .. '- ...",¡ employees, agents, or representatives. (b) To the extent of the insurance coverage required under Article VIII, the Operator further agrees to indemnify and hold harmless the Coordinator, the Coordinator's respective officers, employees, agents and representatives against any claims or liability arising from or based on the violation of any federal, state, or local laws, ordinances or regulations by the Operator, its officers, employees, agents or representatives. (c) The indemnification provided for above will obligate the Operator to defend at its own expense or to provide for such defense, of any and all claims of liability and all suits and actions of every name and description that may be brought against the Coordinator which may result from the operations and activities under this Agreement, whether the operations be performed by the Operator or anyone directly or indirectly employed by the Operator. The execution of this Agreement by the Operator shall obligate the Operator to comply with the foregoing indemnity provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth above in Sections 8.1 through 8.3. The Contractor hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. (d) To the extent permitted by law, the Coordinator shall hold harmless and indemnify the Operator for any and all brokerage services performed by the Operator on behalf of the Coordinator and/or CTC including, but not limited to, coordination of services to any and all other local providers, scheduling, dispatching and invoicing for such local providers, excluding negligent on the part of the Operator, its officers, directors, employees, agents or representatives. Such indemnification and hold harmless shall be in favor of all or the Operator's employees, agents, representatives, officers, and/or directors for any and all claims, losses, costs, damages and liability on account of injury to or death of any person or loss of or damage to any property arising from any acts of omissions, other than negligent acts or omissions, of the Operator, its officers, directors, employees, agents or representatives in providing such brokerage services, including, but not limited to, costs of investigation, defense, settlement, and/or judgment including attorney's fees and costs. ARTICLE IX ASSIGNMENT. TRANSFER OR SUBCONTRACTING 9.1 The Operator shall not assign any interest in this Agreement as to the services to be provided under Section 2.2(b) and 2.2( d). and shall not transfer any interest in the same 15 \,:. I "It .... ....." (whether by assignment or novation) without the prior written consent ofthe Coordinator. 9.2 The Operator is fully responsible to the Coordinator for the acts and omissions of persons directly employed by it, as well as the acts and omissions of any subcontractors and of persons employed by any subcontractors. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the Coordinator. 9.3 In the event the Operator requires the services of any subcontractor in connection with the services to be provided under this Agreement, the Operator shall secure the written approval of Coordinator Project Manager before engaging such subcontractor. ARTICLE X NOTICES 10.1 Whenever either parties desires to give notice to the other, it must be given by written notice, sent by certified mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to-wit: With copies to: For the Coordinator: County Administrator 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 St. Lucie County Community Services Director 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 F or the Operator: Executive Director Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Boulevard Port St. Lucie, FL 34982 16 .. \ f" '-' "'" ARTICLE XI TERMINATION 11.1 Termination at Will: Either party shall have the right at any time to terminate this Agreement upon ninety (90) days written notice to the other party. In the event of termination, the Coordinator shall pay the Operator full compensation for services provided up to the effective date of the termination. 11.2 Termination for Default: (a) If, through any cause within the reasonable control of the Operator, the Operator shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the Coordinator shall thereupon give written notice to the Operator of such default and specify the effective date thereof which shall be at least fourteen (14) days after the giving of such notice. In the event the Operator shall not have cured said default by such effective date, then this Agreement shall terminate on such effective date. If the Operator certifies that the default has been cured by such effective date and the Coordinator's Project Manager or his designee disagrees, he or she shall give written notice to the Operator disputing the alleged curing of the default. (b) The Operator's failure to timely perform as required by this Agreement, or otherwise to comply with the terms, conditions, and specifications shall constitute a default and the Agreement may be terminated at the discretion ofthe Coordinator. 11.3 Termination for Insolvency: The Coordinator reserves the right to terminate this Agreement in the event the Operator is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the rights and obligations of the of parties shall be the same as provided for above in Section 11.1. ARTICLE XII MISCELLANEOUS 12.1 The Operator shall comply with all state, federal and local laws pertaining to discrimination and compliance with federal civil rights laws and regulations. Specifically, the Operator shall assure that no person shall be excluded from participation in, or denied benefits of or otherwise be subjected to discrimination in any activity under this Agreement on the basis of race, color, creed, national original, handicap or sex. The Operator shall take all necessary steps and measures to effectuate such assurances. 17 .. 't \ ",~ '-' """ 12.2 The Operator and the Coordinator represent to each other and agree that their intent in entering into this Agreement is for the Operator to be an independent contractor and neither the Operator nor any employee, officer, director or agent thereof shall be deemed to be an employee or agent of the Coordinator. In accordance with the parties intention, nothing in this Agreement shall be interpreted or construed to establish any relationship other than that ofthe Operator as an independent contractor. 12.3 Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but not limited to strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of "force majeure" promptly shall notify the other of the beginning and ending of such period, and the Coordinator shall compensate the Operator for the invoices satisfactorily performed by the Operator hereunder, up to the date of the beginning of such period. If any period of "force majeure" continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 12.2 The Operator warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Operator, to solicit or secure this Agreement, and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Operator any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting in the award of making this Agreement. 12.3 The Operator represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (1997). The Operator further represents that no person having any interest shall be employed for the said performance. The Operator shall promptly notify the Coordinator in writing by certified mail of all potential conflicts of interest prohibited be existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Operator's judgment or quality of services being provided hereunder. Such written notification shall identify the respective business association, interest or circumstances, the nature of work that the Operator may undertake and request an opinion of the Coordinator as to whether the association, interest or circumstance would, in the opinion of the Coordinator, constitute a conflict ofinterest if entered into by the Operator. The Coordinator agrees to notify the Operator of its opinion by certified mail within thirty (30) days of receipt of notification by the Operator. If, in the opinion of the Coordinator, the prospective 18 .¡. t \ ..~ \w ..., business association, interest or circumstance would not constitute a conflict of interest by the Operator, the Coordinator shall so state in the notification and the Operator shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the Coordinator by the Operator under the terms of this Agreement. 12.6 This writing embodies the entire Agreement and understanding between the parties hereto and there are no further agreements and understandings, oral or written, with reference to the subject matter thereof, that are not merged herewith and superseded hereby. 12.7 In the course of providing any services funded in whole or in part by the Coordinator, the Operator shall comply with Title I and Title II of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and in state and local government services. It is expressly understood that substantial evidence of discrimination shall constitute a breach of contract. 12.8 In accordance with the requirements of Section 5307 the Operator agrees that the following terms and conditions shall apply for the protection of employees in the mass passenger transportation industry in the service area under this Agreement: (a) The work performed under this Agreement shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within St. Lucie County. (b) All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees already retired) shall be preserved and continued. (c) The Operator shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the services performed under this Agreement. (d) In the event an employee is terminated or laid off as a result of the project, he shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training or retraining is required by such employment or reemployment, the Operator shall provide or provide for such training or retraining at no cost to the employee. (e) Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working condition, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and benefits as specified in the employee protective arrangement certified by the Secretary of Labor under Section 405(b) of the Rail 19 .. ' ,a '-" ~ Passenger Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as used herein shall include events occurring in anticipation of, during, and subsequent to the project. (f) These condition shall be subject to the legal limitations, if any, of the Operator. In the event any provision of these conditions is held to be invalid or otherwise unenforceable, the Operator, the employees and/or their representatives may invoke the jurisdiction ofthe Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions. (g) The Operator agrees that any controversy respecting the project's effects upon employees, the interpretation or application of these conditions and the disposition of any claim arising hereunder may be submitted by any party to the dispute including the employees or their representative for determination by the Secretary of Labor, whose decision shall be final. (h) The Operator shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for the preceding paragraph. (i) The Operator shall post, in a prominent and accessible place, a notice stating that the Operator is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply with the provisions of Section l3( c) of the Act. The notice shall also specify the terms and conditions set forth herein for the protection of employees. 12.9 This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The parties recognize that any representations, statements or negotiations made by their respective staffs do not suffice to legally bind either party in a contractual relationship unless they have been reduced to writing, authorized and signed by an authorized representative of the party. This Agreement shall bind the parties, their assigns, and successors in interest. 12.10. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in 20 ..' .'~ \w v the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed this document on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: SECRETARY PRESIDENT 21 , 11 ~;. \Iw' ...., EXHIBIT "A" The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuantto Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration; (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security, and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the Local Coordinating Board; (g) Out of service area trips shall be provided when determined by and approved by the LCB, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; (1) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the LCB and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt 22 .. .. . ,'. ,.., .~ of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non-governmental entity; G) Passenger/trip data base must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (1) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with coordinating assistance, if necessary or requested, to the seating portion ofthe vehicle. The Coordinating assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver; (n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; (0) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner and/or heater shall have two years to be in compliance after the 23 , .' ..w ,_ w ~ adoption date of this section of the Rule; (r) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and (s) Cardiopulmonary Resuscitation shall be determined locally and provided in the St. Lucie County Transportation Disadvantaged Service Plan. 24