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Home My WebLink AboutAgenda Packet 09-26-06September 26, 2006 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Doug Coward, Chairman District No. 2 Chris Craft, Vice Chairman District No. 5 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 September 26, 2006 9:00 A.M. Invocation Pledge of Allegiance MINUTES Approve the minutes of the special meeting held on September 12, 2006. 2. PROCLAMATIONS/PRESENTATIONS Presentation by Larry Pelton, Executive Director of the Economic Development Council 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. There are no public hearings scheduled for September 26, 2006. END OF PUBLIC HEARINGS 6. ADMINISTRATION Torrey Pines Institute for Molecular Studies Letter of Intent (LOI) Agreement — Consider staff recommendation to approve the September 1, 2006 Letter of Intent Agreement with Torrey Pines Institute for Molecular Studies Letter of Intent (LOI) Agreement in the amount of $10,000,000.00. 7. ADMINISTRATION Authorize St. Lucie County to partner with the Trust for Public Lands (TPL) in acquiring up to 220 of 520 acres owned by Harbor Branch Oceanographic Institution (HBOI) — Consider staff recommendation to authorize the partnering of the County with the Trust for Public Lands in the acquisition of HBOI properties and future negotiations with TPL to develop an agreement through which the County or State will acquire the properties and through which financial assistance will be rendered to TPL in its acquisition services. Any agreement negotiated with TPL will be submitted, after negotiation, to the Board for approval. Also approve potentially needed matching funds not to exceed 25% for grants required to acquire the property. Regular Agenda September 26, 2006 Page Two 8. PURCHASING A. Notice of Appeal — Bid Protests — SLC Bid No. 06-083 (Runway 9L-27R and Parallel Taxiway System: Earthwork) — Consider staff recommendation to uphold the Purchasing Director's recommendation to rule Sitewerks, Inc. non -responsive. B. Award of Bid No. 06-084 — Runway 9L-27R and Parallel Taxiway System —Consider staff recommendation to award Bid No. 06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. CONSENT AGENDA WARRANTS LIST Approval of Warrant List No. 51 2. COUNTY ATTORNEY A. Animal Impoundment Services — Agreement with Humane Society of St. Lucie County, Inc. — Consider staff recommendation to approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. B. Funding request for Mental Health/Substance Abuse residential service provided by New Horizons of the Treasure Coast — Consider staff recommendation to deem New Horizons as a sole source provider and enter into a contract with New Horizons for the provision of at least 40 beds for mental health/substance abuse and co-occurring disorders for both male and females at a cost of $33.00 per bed. The payments would be based upon occupancy of beds effective October 1, 2006 thru September 30, 2007. The cost for incarcerating a mentally ill inmate in the County jail is approximately $75.00 per day. C. Funding request for a Forensic Case Manager for Mental Health Court. The newly established Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. As of today's date, September 19th, 2006, 75 cases are in the Mental Health Court. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community — Consider staff recommendation to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Forensic Case Manager position that works in the Mental Health Court. This contract would be from 10/1/06 thru 9/30/07. D. Amendment of Resolution No. 01-194 (Court System Advisory Board) — Consider staff recommendation to amend Resolution No. 01-194 include representatives appointed by the Cities of Ft. Pierce and Port St. Lucie. This issue was discussed by the Public Safety Coordinating Council on July 27th, and it was unanimously voted on to reactivate the St. Lucie County Court Advisory Board, and to include membership of the Cities of Fort Pierce and Port St. Lucie. Once amended The Court System Advisory Board will consist of fifteen (15) members: Chairman of the Board of County Commissioners, Chief Judge, Sheriff, Chief Correctional Officer, State Attorney, Public Defender, State Probation Program Administrator, Substance Abuse Treatment Program Representative, Clerk of Court, Court Administrator, One Representative designated by the St. Lucie County Bar Association, One Representative designated by the Port St. Lucie Bar Association, one Representative designated by the Citizen's Budget Committee, One representative designated by the City of Fort Pierce, One representative designated by the City of Port St. Lucie. E. Ordinance No. 06-049 — Dori Slosberg Driver Education Safety Act — Consider staff recommendation to grant permission to advertise Ordinance No. 06-049. 3. LIBRARY A. State Aid to Libraries Grant — Consider staff recommendation to authorize the Chairman of the Board to sign two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approve the library's FY2006/07 annual plan of service. Do not date the application — the date will be added once the original application is signed in Tallahassee. B. Long Range Plan for Library Services — one year extension 2006-2007 — Consider staff recommendation to approve the one year extension (2006-07) of the Library's Long Range Plan as required under Chapter 257.17 to comply with the requirements of the State Aid to Libraries grant program. Consent Agenda September 26, 2006 Page Two 4. GRANTS Authorize the development of an interlocal agreement between the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County — Consider staff recommendation to authorize the development of an interlocal agreement between the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County that, among other provisions, will specify that the design and management of those lands transferred from the City to the County through the Heathcote project shall be executed according to written plans approved by the City of Pierce, Heathcote Botanical Gardens and St. Lucie County. 5. INFORMATION TECHNOLOGY Request board approval for the purchase of a support and maintenance agreement with Novell GroupWise and Server/Client Zenworks applications — Consider staff recommendation to approve the request to purchase and have the Chairman sign the support agreement in the amount of $61,910.10. 6. PUBLIC WORKS A. Road and Bridge Division — Release of retainage — Consider staff recommendation to approve the release of retainage to make final Road & Bridge payment of $128,672.96 for the Resurfacing Contract with Dickerson Florida, Inc. B. Engineering Division - Request approval of First Amendment to Work Authorization No. 9 (C00- 10-112) for an extension of time to December 31, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue Sidewalk from East 21 st Street to US 1 — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No. 9 (C00-10-112) for a time extension to December 31, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue Sidewalk from East 21 st Street to US 1. C. Engineering Division - Request approval of First Amendment to Work Authorization No. 12 (C00-10-112) for an extension of time to November 17, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, for the Edwards Road and Selvitz Road — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No.12 with Kimley-Horn and Associates, Inc. for an extension of time to November 17, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, for the Edwards Road and Selvitz Road. D. Engineering Division - Request approval of First Amendment to Work Authorization No. 6 (CO3- 05-369) for an extension of time to September 30, 2006 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc. for design services for the Solida Circle Drainage Replacement project — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No. 6 for an extension of time to September 30, 2006 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc. for design services for the Solida Circle Drainage Replacement project. E. Engineering Division - Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers, for redesign of Harmony Heights Stormwater Improvements Phase I in the amount of $152,757.50 — Consider staff recommendation to approve Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for redesign of Harmony Heights Stormwater Improvements Phase I in the amount of $152,757.50. Consent Agenda September 26, 2006 Page Three PUBLIC WORKS CONTINUED F. Engineering Division - Accept the project, release the retainage in the amount of $26,595.23, and provide Final Payment to Contract #C05-11-608 in the amount of $38,433.06 (deducting for failed laboratory tests in the amount of $726.00) to Johnson -Davis, Inc. for the Construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project — Consider staff recommendation to accept the project, release the retainage in the amount of $26,595.23, and provide Final Payment to Contract #C05-11-608 in the amount of $38,433.06 (deducting for failed laboratory tests in the amount of $726.00) to Johnson -Davis, Inc. for the Construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project. G. Work Authorization No. 1 with Creech Engineers, Inc. for Professional Engineering Services — Consider staff recommendation to approve and Chairman's signature for Work Authorization No. 1 with Creech Engineers, Inc. in the amount of $12,200.00 for a Drainage Study at Sunshine Boulevard. 7. MANAGEMENT AND BUDGET Approval of Budget Resolution No. 06-291 recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses — Consider staff recommendation to approve Resolution No. 06-291 recognizing revenue from FEMA and the State for hurricane related expenses. 8. INVESTMENT FOR THE FUTURE Request approval of First Amendment to Work Authorization (WA) No. 2 (C00-12-158) for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue over Taylor Creek Bridge Replacement project — Consider staff recommendation approve and authorize the Chair to sign the First Amendment to Work Authorization No. 2 (C00-12-158) for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue over Taylor Creek Bridge Replacement. 9. AIRPORT A. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) — Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $1,275 with a local match of $1,275 and $48,450.00 Federal Aviation Administration grant for a total project cost of $51,000, for an update to the Airport Layout Plan for the St. Lucie County International Airport and request approval of Resolution No. 06-293. B. Kimley-Horn's Scope of Services and Work Authorization No. 26 — Consider staff recommendation to approve Kimley-Horn's Scope of Services and Work Authorization No. 26 for the preparation of construction documents for the relocation of the existing drainage ditch in the FBO development area and authorize the Chairman to execute for the St. Lucie County International Airport. 10. PURCHASING A. Award of Bid No. 06-106 — Sale of Surplus Golf Equipment — Consider staff recommendation to award a portion of Bid No. 06-106 — Sale of a surplus tractor (PR#800034) to the sole bidder, Mr. Dennis Burney for $106.50. Consent Agenda September 26, 2006 Page Four PURCHASING CONTINUED B. Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment for Fiscal year 2006-2007. This is for the Solid Waste Department and Central Service Department - Service Garage — Consider staff recommendation to approve the bid waiver and sole source declaration for the parts and services to the following companies: Kelly Tractor for Caterpillar, Flagler Equipment Company, L.B. Smith, for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Continental Biomass Industries, Inc. for grinder, Lubo USA, LLC for C&D processing equipment, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. 11. CULTURAL AFFAIRS Request for Board approval to submit a grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for the Historical Museum Outdoor Educational Exhibit — Consider staff recommendation to approve the grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for the Historical Museum Outdoor Educational Exhibit. 12. COMMUNITY SERVICES A. Request for Board approval to authorize the Chair to sign the Contract for Sale and Purchase for Real Property for one lot for the Avenue D transit transfer facility — Consider staff recommendation to sign the contract for Sale and Purchase for Real Property for one lot for the Avenue D Transit Transfer Facility. B. Approve the contract with the State of Florida for operation of the St. Lucie County Health Department — Consider staff recommendation approve the contract with the State of Florida for a total project amount of $18,150,877.00 including funds from State General Revenue, other State Funds, Federal Funds and $1,153,000.00 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department and authorize the Chairman to sign the necessary documentation 13. COURT ADMINISTRATION Approve retroactively St. Lucie County acting as Fiscal Agent for the 19`h Judicial Circuit for the purposes of an OJJDP and DJJ sponsored Delinquency Prevention and Civil Citation Grant of up to $100,000.00 — Consider staff recommendation to approve retroactively St. Lucie County acting as Fiscal Agent for the19th Judicial Circuit for the purposes of the Delinquency Prevention and Civil Citation Grant offered by OJJDP and DJJ. ANNOUNCEMENTS September 26, 2006 Meetinq Changes: • The November 7, 2006 Board of County Commissioners Meeting has been canceled due to the election. • November 21, 2006 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. There will be no Board of County Commissioners meeting on Tuesday, December 26, 2006 due to the County's observance of the Holiday. 1. The St. Lucie County Master Gardeners' will hold their 23`d Annual Plant Sale on Saturday, October 14, 2006 from 8:00 a.m. — 2:00 p.m., and on October 15, 2006 from 9:00 a.m. — 2:00 p.m. 2. The Board of County Commissioners will hold an Art in Public Places Sculpture Dedication on October 17, 2006, at 10:00 a.m. at the Walton Road Annex. 3. The Board of County Commissioners will hold a Ribbon Cutting Ceremony on Thursday, October 19, 2006 at 2:00 p.m. at the Weldon B. Lewis Park. 4. The St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give -A -Way on October 28, 2006 from 8:00 a.m. until Noon at 1664 S.E. Walton Road in Port St. Lucie. 5. The St. Lucie County Veterans Services office located at 250 NW Country Club Drive in the South County Courthouse Bldg. (St. Lucie West) is moving! New office location: Walton Road County Annex Bldg 1664 SE Walton Rd Port St Lucie, FL 34952 (half mile east of US Hwy 1) Hours of operation -Monday, Tuesday, Thursday and Friday 8:30am-4:40pm -Wednesday's 8:30 am to 3:00 pm 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. St. Lucie County Mosquito Control District www.co.st-lucie.fl.us Joseph E. Smith, Chairman District No. 1 Paula A. Lewis, Vice Chairman District No. 3 Doug Coward District No. 2 Frannie Hutchinson District No. 4 Chris Craft District No. 5 AGENDA September 26, 2006 MINUTES Approve the minutes from the meeting held on September 12, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LIST Approve Warrants List No. 50 and 51. 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. St. Lucie County Erosion District www.co.st-lucie.fLus Frannie Hutchinson, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Joseph Smith District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 AGENDA September 26, 2006 MINUTES Approve the minutes from the meeting held on September 12, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LIST Approve Warrants List No. 50 and 51. 2. PUBLIC WORKS Agreement to accept donation of barge for the St. Lucie County Artificial Reef Program - Consider staff recommendation to approve 1) the attached agreement for the County to accept the donation of the barge from D.S. Tug and Barge, Inc., 2) Work Authorization No. 6 with Lee Harris, P.E., PhD, in the amount of $5,590.00, to conduct a pre- and post -deployment dives of the barge, and 3) execution of said contracts by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-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. September 26, 2006 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 9/25/06 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Doug Coward, Chairman District No. 2 Chris Craft, Vice Chairman District No. 5 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 September 26, 2006 9:00 A.M. Invocation Pledge of Allegiance MINUTES p�j U Approve the minutes of the special meeting held on September 12, 2006. 2. PROCLAMATIONS/PRESENTATIONS Presentation by Larry Pelton, President of the Economic Development Council GENERAL PUBLIC COMMENT CONSENT AGENDA PUBLIC HEARINGS S 5A. There are no public hearings scheduled for September 26, 2006. END OF PUBLIC HEARINGS 6, reADMINISTRATION P Torrey Pines Institute for Molecular Studies Letter of Intent (LOI) Agreement — Consider staff ►1 recommendation to approve the September 1, 2006 Letter of Intent Agreement with Torrey Pines Institute for Molecular Studies Letter of Intent (LOI) Agreement in the amount of $10,000,000.00. 7. re,)ADMINISTRATION Authorize St. Lucie County to partner with the Trust for Public Lands (TPL) in acquiring up to 220 of 520 acres owned by Harbor Branch Oceanographic Institution (HBO[) — Consider staff recommendation to authorize the partnering of the County with the Trust for Public Lands in the acquisition of HBOI properties and future negotiations with TPL to develop an agreement through which the County or State will acquire the properties and through which financial assistance will be rendered to TPL in its acquisition services. Any agreement negotiated with TPL will be submitted, after negotiation, to the Board for approval. Also approve potentially needed matching funds not to exceed 25% for grants required to acquire the property. v'`WP��ru4 fll�'I� �J7nmff�e — �LJeh�s��jrmc�5 Regular Agenda September 26, 2006 Page Two 8. PURCHASING I{ Notice of Appeal — Bid Protests — SLC Bid No. 06-083 (Runway 9L-27R and Parallel Taxiway Q,ltll v � System: Earthwork) — Consider staff recommendation to uphold the Purchasing Director's (tot recommendation to rule Sitewerks, Inc. non -responsive. Award of Bid No. 06-084 —Runway 9L-27R and Parallel Taxiway System —Consider staff recommendation to award Bid No. 06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. CONSENT AGENDA WARRANTS LIST Approval of Warrant List No. 51 2. COUNTY ATTORNEY A.. Animal Impoundment Services — Agreement with Humane Society of St. Lucie County, Inc. — Consider staff recommendation to approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. B. Funding request for Mental Health/Substance Abuse residential service provided by New Horizons of the Treasure Coast — Consider staff recommendation to deem New Horizons as a sole source provider and enter into a contract with New Horizons for the provision of at least 40 beds for mental health/substance abuse and co-occurring disorders for both male and females at a cost of $33.00 per bed. The payments would be based upon occupancy of beds effective October 1, 2006 thru September 30, 2007. The cost for incarcerating a mentally ill inmate in the County jail is approximately $75.00 per day. C. Funding request for a Forensic Case Manager for Mental Health Court. The newly established Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. As of today's date, September 19th, 2006, 75 cases are in the Mental Health Court. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community — Consider staff recommendation to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Forensic Case Manager position that works in the Mental Health Court. This contract would be from 10/1/06 thru 9/30/07. D. Amendment of Resolution No. 01-194 (Court System Advisory Board) — Consider staff recommendation to amend Resolution No. 01-194 include representatives appointed by the Cities of Ft. Pierce and Port St. Lucie. This issue was discussed by the Public Safety Coordinating Council on July 271h, and it was unanimously voted on to reactivate the St. Lucie County Court Advisory Board, and to include membership of the Cities of Fort Pierce and Port St. Lucie. Once amended The Court System Advisory Board will consist of fifteen (15) members: Chairman of the Board of County Commissioners, Chief Judge, Sheriff, Chief Correctional Officer, State Attorney, Public Defender, State Probation Program Administrator, Substance Abuse Treatment Program Representative, Clerk of Court, Court Administrator, One Representative designated by the St. Lucie County Bar Association, One Representative designated by the Port St. Lucie Bar Association, one Representative designated by the Citizen's Budget Committee, One representative designated by the City of Fort Pierce, One representative desiqnated by the City of Port St. Lucie. E. Ordinance No. 06-049 — Dori Slosberg Driver Education Safety Act — Consider staff recommendation to grant permission to advertise Ordinance No. 06-049. 3. LIBRARY A. State Aid to Libraries Grant — Consider staff recommendation to authorize the Chairman of the Board to sign two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approve the library's FY2006/07 annual plan of service. Do not date the application — the date will be added once the original application is signed in Tallahassee. B. Long Range Plan for Library Services — one year extension 2006-2007 — Consider staff recommendation to approve the one year extension (2006-07) of the Library's Long Range Plan as required under Chapter 257.17 to comply with the requirements of the State Aid to Libraries grant program. Consent Agenda September 26, 2006 Page Two 4. GRANTS Authorize the development of an interlocal agreement between the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County — Consider staff recommendation to authorize the development of an interlocal agreement between the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County that, among other provisions, will specify that the design and management of those lands transferred from the City to the County through the Heathcote project shall be executed according to written plans approved by the City of Pierce, Heathcote Botanical Gardens and St. Lucie County. 5. INFORMATION TECHNOLOGY Request board approval for the purchase of a support and maintenance agreement with Novell GroupWise and Server/Client Zenworks applications — Consider staff recommendation to approve the request to purchase and have the Chairman sign the support agreement in the amount of $61,910.10. PUBLIC WORKS A. Road and Bridge Division — Release of retainage — Consider staff recommendation to approve the release of retainage to make final Road & Bridge payment of $128,672.96 for the Resurfacing Contract with Dickerson Florida, Inc. B. Engineering Division - Request approval of First Amendment to Work Authorization No. 9 (C00- 10-112) for an extension of time to December 31, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimiey-Horn and Associates, Inc. for the Juanita Avenue Sidewalk from East 21 st Street to US 1 — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No. 9 (C00-10-112) for a time extension to December 31, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue Sidewalk from East 21 St Street to US 1. C. Engineering Division - Request approval of First Amendment to Work Authorization No. 12 (C00-10-112) for an extension of time to November 17, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, for the Edwards Road and Selvitz Road — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No.12 with Kimley-Horn and Associates, Inc. for an extension of time to November 17, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, for the Edwards Road and Selvitz Road. D. Engineering Division - Request approval of First Amendment to Work Authorization No. 6 (CO3- 05-369) for an extension of time to September 30, 2006 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc. for design services for the Solida Circle Drainage Replacement project — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No. 6 for an extension of time to September 30, 2006 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc. for design services for the Solida Circle Drainage Replacement project. E. Engineering Division - Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers, for redesign of Harmony Heights Stormwater Improvements Phase I in the amount of $152,757.50 — Consider staff recommendation to approve Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for redesign of Harmony Heights Stormwater Improvements Phase I in the amount of $152,757.50. Consent Agenda September 26, 2006 Page Three PUBLIC WORKS CONTINUED F. Engineering Division - Accept the project, release the retainage in the amount of $26,595.23, and provide Final Payment to Contract #C05-11-608 in the amount of $38,433.06 (deducting for failed laboratory tests in the amount of $726.00) to Johnson -Davis, Inc. for the Construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project — Consider staff recommendation to accept the project, release the retainage in the amount of $26,595.23, and provide Final Payment to Contract #C05-11-608 in the amount of $38,433.06 (deducting for failed laboratory tests in the amount of $726.00) to Johnson -Davis, Inc. for the Construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project. G. Work Authorization No. 1 with Creech Engineers, Inc. for Professional Engineering Services — Consider staff recommendation to approve and Chairman's signature for Work Authorization No. 1 with Creech Engineers, Inc. in the amount of $12,200.00 for a Drainage Study at Sunshine Boulevard. 7. MANAGEMENT AND BUDGET Approval of Budget Resolution No. 06-291 recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses — Consider staff recommendation to approve Resolution No. 06-291 recognizing revenue from FEMA and the State for hurricane related expenses. 8. INVESTMENT FOR THE FUTURE Request approval of First Amendment to Work Authorization (WA) No. 2 (C00-12-158) for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue over Taylor Creek Bridge Replacement project — Consider staff recommendation approve and authorize the Chair to sign the First Amendment to Work Authorization No. 2 (C00-12-158) for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue over Taylor Creek Bridge Replacement. 9. AIRPORT A. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) — Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $1,275 with a local match of $1,275 and $48,450.00 Federal Aviation Administration grant for a total project cost of $51,000, for an update to the Airport Layout Plan for the St. Lucie County International Airport and request approval of Resolution No. 06-293. B. Kimley-Horn's Scope of Services and Work Authorization No. 26 — Consider staff recommendation to approve Kimley-Horn's Scope of Services and Work Authorization No. 26 for the preparation of construction documents for the relocation of the existing drainage ditch in the FBO development area and authorize the Chairman to execute for the St. Lucie County International Airport. 10. PURCHASING A. Award of Bid No. 06-106 — Sale of Surplus Golf Equipment — Consider staff recommendation to award a portion of Bid No. 06-106 — Sale of a surplus tractor (PR#800034) to the sole bidder, Mr. Dennis Burney for $106.50. Consent Agenda September 26, 2006 Page Four PURCHASING CONTINUED B. Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment for Fiscal year 2006-2007. This is for the Solid Waste Department and Central Service Department - Service Garage — Consider staff recommendation to approve the bid waiver and sole source declaration for the parts and services to the following companies: Kelly Tractor for Caterpillar, Flagler Equipment Company, L.B. Smith, for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Continental Biomass Industries, Inc. for grinder, Lubo USA, LLC for C&D processing equipment, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. 11. CULTURAL AFFAIRS Request for Board approval to submit a grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for the Historical Museum Outdoor Educational Exhibit — Consider staff recommendation to approve the grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for the Historical Museum Outdoor Educational Exhibit. 12. COMMUNITY SERVICES A. Request for Board approval to authorize the Chair to sign the Contract for Sale and Purchase for Real Property for one lot for the Avenue D transit transfer facility — Consider staff recommendation to sign the contract for Sale and Purchase for Real Property for one lot for the Avenue D Transit Transfer Facility. B. Approve the contract with the State of Florida for operation of the St. Lucie County Health Department — Consider staff recommendation approve the contract with the State of Florida for a total project amount of $18,150,877.00 including funds from State General Revenue, other State Funds, Federal Funds and $1,153,000.00 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department and authorize the Chairman to sign the necessary documentation 13. COURT ADMINISTRATION Approve retroactively St. Lucie County acting as Fiscal Agent for the 19th Judicial Circuit for the purposes of an OJJDP and DJJ sponsored Delinquency Prevention and Civil Citation Grant of up to $100,000.00 — Consider staff recommendation to approve retroactively St. Lucie County acting as Fiscal Agent for the19th Judicial Circuit for the purposes of the Delinquency Prevention and Civil Citation Grant offered by OJJDP and DJJ. ANNOUNCEMENTS September 26, 2006 Meeting Changes: • The November 7, 2006 Board of County Commissioners Meeting has been canceled due to the election. • November 21, 2006 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. • There will be no Board of County Commissioners meeting on Tuesday, December 26, 2006 due to the County's observance of the Holiday. 1. The St. Lucie County Master Gardeners' will hold their 23rd Annual Plant Sale on Saturday, October 14, 2006 from 8:00 a.m. — 2:00 p.m., and on October 15, 2006 from 9:00 a.m. — 2:00 p.m. 2. The Board of County Commissioners will hold an Art in Public Places Sculpture Dedication on October 17, 2006, at 10:00 a.m. at the Walton Road Annex. 3. The Board of County Commissioners will hold a Ribbon Cutting Ceremony on Thursday, October 19, 2006 at 2:00 p.m. at the Weldon B. Lewis Park. 4. The St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give -A -Way on October 28, 2006 from 8:00 a.m. until Noon at 1664 S.E. Walton Road in Port St. Lucie. 5. On October 9th the St. Lucie County Veterans Services office located at 250 NW Country Club Drive in the South County Courthouse Bldg. (St. Lucie West) will be moving! New office location: Walton Road County Annex Bldg 1664 SE Walton Rd Port St Lucie, FL 34952 (half mile east of US Hwy 1) Hours of operation -Monday, Tuesday, Thursday and Friday 8:30 am — 4:40 pm -Wednesday's 8:30 am to 3:00 pm 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. St. Lucie County Mosquito Control District www.eo.st-lueie.fl.us Joseph E. Smith, Chairman District No. 1 Paula A. Lewis, Vice Chairman District No. 3 Doug Coward District No. 2 Frannie Hutchinson District No. 4 Chris Craft District No. 5 AGENDA September 26, 2006 1cdMINUTES fl�6Approve the minutes from the meeting held on September 12, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA j�WARRANTS LIST Approve Warrants List No. 50 and 51. 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. St. Lucie County Erosion District www.co.st-lucie.fl.us Frannie Hutchinson, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Joseph Smith District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 AGENDA September 26, 2006 1 1NUTES &",�V�proveU41the minutes from the meeting held on September 12, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA i(D -Ay RRANTS LIST Approve Warrants List No. 50 and 51. 2. UBLIC WORKS G greement to accept donation of barge for the St. Lucie County Artificial Reef Program - Consider staff recommendation to approve 1) the attached agreement for the County to accept the donation of the �?barge from D.S. Tug and Barge, Inc., 2) Work Authorization No. 6 with Lee Harris, P.E., PhD, in the amount of $5,590.00, to conduct a pre- and post -deployment dives of the barge, and 3) execution of said contracts by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-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. September 26, 2006 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 9/25/06 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 2rior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Doug Coward, Chairman District No. 2 Chris Craft, Vice Chairman District No. 5 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 September 26, 2006 9:00 A.M. Invocation Pledge of Allegiance MINUTES Approve the minutes of the special meeting held on September 12, 2006. 2. PROCLAMATIONS/PRESENTATIONS Presentation by Larry Pelton, President of the Economic Development Council 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. There are no public hearings scheduled for September 26, 2006. END OF PUBLIC HEARINGS 6. ADMINISTRATION Torrey Pines Institute for Molecular Studies Letter of Intent (LOI) Agreement — Consider staff recommendation to approve the September 1, 2006 Letter of Intent Agreement with Torrey Pines Institute for Molecular Studies Letter of Intent (LOI) Agreement in the amount of $10,000,000.00. 7. ADMINISTRATION Authorize St. Lucie County to partner with the Trust for Public Lands (TPL) in acquiring up to 220 of 520 acres owned by Harbor Branch Oceanographic Institution (HBOI) — Consider staff recommendation to authorize the partnering of the County with the Trust for Public Lands in the acquisition of HBOI properties and future negotiations with TPL to develop an agreement through which the County or State will acquire the properties and through which financial assistance will be rendered to TPL in its acquisition services. Any agreement negotiated with TPL will be submitted, after negotiation, to the Board for approval. Also approve potentially needed matching funds not to exceed 25% for grants required to acquire the property. Regular Agenda September 26, 2006 Page Two 8. PURCHASING A. Notice of Appeal — Bid Protests — SLC Bid No. 06-083 (Runway 9L-27R and Parallel Taxiway System: Earthwork) — Consider staff recommendation to uphold the Purchasing Director's recommendation to rule Sitewerks, Inc. non -responsive. B. Award of Bid No. 06-084 — Runway 9L-27R and Parallel Taxiway System — Consider staff recommendation to award Bid No. 06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. CONSENT AGENDA WARRANTS LIST Approval of Warrant List No. 51 2. COUNTY ATTORNEY A. Animal Impoundment Services — Agreement with Humane Society of St. Lucie County, Inc. — Consider staff recommendation to approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. B. Funding request for Mental Health/Substance Abuse residential service provided by New Horizons of the Treasure Coast — Consider staff recommendation to deem New Horizons as a sole source provider and enter into a contract with New Horizons for the provision of at least 40 beds for mental health/substance abuse and co-occurring disorders for both male and females at a cost of $33.00 per bed. The payments would be based upon occupancy of beds effective October 1, 2006 thru September 30, 2007. The cost for incarcerating a mentally ill inmate in the County jail is approximately $75.00 per day. C. Funding request for a Forensic Case Manager for Mental Health Court. The newly established Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. As of today's date, September 19'h, 2006, 75 cases are in the Mental Health Court. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community — Consider staff recommendation to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Forensic Case Manager position that works in the Mental Health Court. This contract would be from 10/1/06 thru 9/30/07. D. Amendment of Resolution No. 01-194 (Court System Advisory Board) — Consider staff recommendation to amend Resolution No. 01-194 include representatives appointed by the Cities of Ft. Pierce and Port St. Lucie. This issue was discussed by the Public Safety Coordinating Council on July 271h, and it was unanimously voted on to reactivate the St. Lucie County Court Advisory Board, and to include membership of the Cities of Fort Pierce and Port St. Lucie. Once amended The Court System Advisory Board will consist of fifteen (15) members: Chairman of the Board of County Commissioners, Chief Judge, Sheriff, Chief Correctional Officer, State Attorney, Public Defender, State Probation Program Administrator, Substance Abuse Treatment Program Representative, Clerk of Court, Court Administrator, One Representative designated by the St. Lucie County Bar Association, One Representative designated by the Port St. Lucie Bar Association, one Representative designated by the Citizen's Budget Committee, One representative designated by the Citv of Fort Pierce, One representative designated by the City of Port St. Lucie. E. Ordinance No. 06-049 — Dori Slosberg Driver Education Safety Act — Consider staff recommendation to grant permission to advertise Ordinance No. 06-049. 3. LIBRARY A. State Aid to Libraries Grant — Consider staff recommendation to authorize the Chairman of the Board to sign two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approve the library's FY2006/07 annual plan of service. Do not date the application — the date will be added once the original application is signed in Tallahassee. B. Long Range Plan for Library Services — one year extension 2006-2007 — Consider staff recommendation to approve the one year extension (2006-07) of the Library's Long Range Plan as required under Chapter 257.17 to comply with the requirements of the State Aid to Libraries grant program. Consent Agenda September 26, 2006 Page Two 4. GRANTS Authorize the development of an interlocal agreement between the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County — Consider staff recommendation to authorize the development of an interlocal agreement between the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County that, among other provisions, will specify that the design and management of those lands transferred from the City to the County through the Heathcote project shall be executed according to written plans approved by the City of Pierce, Heathcote Botanical Gardens and St. Lucie County. 5. INFORMATION TECHNOLOGY Request board approval for the purchase of a support and maintenance agreement with Novell GroupWise and Server/Client Zenworks applications — Consider staff recommendation to approve the request to purchase and have the Chairman sign the support agreement in the amount of $61,910.10. 6. PUBLIC WORKS A. Road and Bridge Division — Release of retainage — Consider staff recommendation to approve the release of retainage to make final Road & Bridge payment of $128,672.96 for the Resurfacing Contract with Dickerson Florida, Inc. B. Engineering Division - Request approval of First Amendment to Work Authorization No. 9 (C00- 10-112) for an extension of time to December 31, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue Sidewalk from East 21 st Street to US 1 — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No. 9 (C00-10-112) for a time extension to December 31, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue Sidewalk from East 21 st Street to US 1. C. Engineering Division - Request approval of First Amendment to Work Authorization No. 12 (C00-10-112) for an extension of time to November 17, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, for the Edwards Road and Selvitz Road — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No.12 with Kimley-Horn and Associates, Inc. for an extension of time to November 17, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, for the Edwards Road and Selvitz Road. D. Engineering Division - Request approval of First Amendment to Work Authorization No. 6 (CO3- 05-369) for an extension of time to September 30, 2006 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc. for design services for the Solida Circle Drainage Replacement project — Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Work Authorization No. 6 for an extension of time to September 30, 2006 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc. for design services for the Solida Circle Drainage Replacement project. E. Engineering Division - Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers, for redesign of Harmony Heights Stormwater Improvements Phase I in the amount of $152,757.50 — Consider staff recommendation to approve Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for redesign of Harmony Heights Stormwater Improvements Phase I in the amount of $152,757.50. Consent Agenda September 26, 2006 Page Three PUBLIC WORKS CONTINUED F. Engineering Division - Accept the project, release the retainage in the amount of $26,595.23, and provide Final Payment to Contract #C05-11-608 in the amount of $38,433.06 (deducting for failed laboratory tests in the amount of $726.00) to Johnson -Davis, Inc. for the Construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project — Consider staff recommendation to accept the project, release the retainage in the amount of $26,595.23, and provide Final Payment to Contract #C05-11-608 in the amount of $38,433.06 (deducting for failed laboratory tests in the amount of $726.00) to Johnson -Davis, Inc. for the Construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project. G. Work Authorization No. 1 with Creech Engineers, Inc. for Professional Engineering Services — Consider staff recommendation to approve and Chairman's signature for Work Authorization No. 1 with Creech Engineers, Inc. in the amount of $12,200.00 for a Drainage Study at Sunshine Boulevard. 7. MANAGEMENT AND BUDGET Approval of Budget Resolution No. 06-291 recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses — Consider staff recommendation to approve Resolution No. 06-291 recognizing revenue from FEMA and the State for hurricane related expenses. 8. INVESTMENT FOR THE FUTURE Request approval of First Amendment to Work Authorization (WA) No. 2 (C00-12-158) for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue over Taylor Creek Bridge Replacement project — Consider staff recommendation approve and authorize the Chair to sign the First Amendment to Work Authorization No. 2 (C00-12-158) for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue over Taylor Creek Bridge Replacement. 9. AIRPORT A. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) — Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $1,275 with a local match of $1,275 and $48,450.00 Federal Aviation Administration grant for a total project cost of $51,000, for an update to the Airport Layout Plan for the St. Lucie County International Airport and request approval of Resolution No. 06-293. B. Kimley-Horn's Scope of Services and Work Authorization No. 26 — Consider staff recommendation to approve Kimley-Horn's Scope of Services and Work Authorization No. 26 for the preparation of construction documents for the relocation of the existing drainage ditch in the FBO development area and authorize the Chairman to execute for the St. Lucie County International Airport. 10. PURCHASING A. Award of Bid No. 06-106 — Sale of Surplus Golf Equipment — Consider staff recommendation to award a portion of Bid No. 06-106 — Sale of a surplus tractor (PR#800034) to the sole bidder, Mr. Dennis Burney for $106.50. Consent Agenda September 26, 2006 Page Four PURCHASING CONTINUED B. Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment for Fiscal year 2006-2007. This is for the Solid Waste Department and Central Service Department - Service Garage — Consider staff recommendation to approve the bid waiver and sole source declaration for the parts and services to the following companies: Kelly Tractor for Caterpillar, Flagler Equipment Company, L.B. Smith, for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Continental Biomass Industries, Inc. for grinder, Lubo USA, LLC for C&D processing equipment, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. 11. CULTURAL AFFAIRS Request for Board approval to submit a grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for the Historical Museum Outdoor Educational Exhibit — Consider staff recommendation to approve the grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for the Historical Museum Outdoor Educational Exhibit. 12, COMMUNITY SERVICES A. Request for Board approval to authorize the Chair to sign the Contract for Sale and Purchase for Real Property for one lot for the Avenue D transit transfer facility — Consider staff recommendation to sign the contract for Sale and Purchase for Real Property for one lot for the Avenue D Transit Transfer Facility. B. Approve the contract with the State of Florida for operation of the St. Lucie County Health Department — Consider staff recommendation approve the contract with the State of Florida for a total project amount of $18,150,877.00 including funds from State General Revenue, other State Funds, Federal Funds and $1,153,000.00 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department and authorize the Chairman to sign the necessary documentation 13. COURT ADMINISTRATION Approve retroactively St. Lucie County acting as Fiscal Agent for the 19th Judicial Circuit for the purposes of an OJJDP and DJJ sponsored Delinquency Prevention and Civil Citation Grant of up to $100,000.00 — Consider staff recommendation to approve retroactively St. Lucie County acting as Fiscal Agent for the19th Judicial Circuit for the purposes of the Delinquency Prevention and Civil Citation Grant offered by OJJDP and DJJ. ANNOUNCEMENTS September 26, 2006 Meeting Changes: • The November 7, 2006 Board of County Commissioners Meeting has been canceled due to the election. • November 21, 2006 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. There will be no Board of County Commissioners meeting on Tuesday, December 26, 2006 due to the County's observance of the Holiday. 1. The St. Lucie County Master Gardeners' will hold their 23rd Annual Plant Sale on Saturday, October 14, 2006 from 8:00 a.m. — 2:00 p.m., and on October 15, 2006 from 9:00 a.m. — 2:00 p.m. 2. The Board of County Commissioners will hold an Art in Public Places Sculpture Dedication on October 17, 2006, at 10:00 a.m. at the Walton Road Annex. 3. The Board of County Commissioners will hold a Ribbon Cutting Ceremony on Thursday, October 19, 2006 at 2:00 p.m. at the Weldon B. Lewis Park. 4. The St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give -A -Way on October 28, 2006 from 8:00 a.m. until Noon at 1664 S.E. Walton Road in Port St. Lucie. 5. On October 9'h the St. Lucie County Veterans Services office located at 250 NW Country Club Drive in the South County Courthouse Bldg. (St. Lucie West) will be moving! New office location: Walton Road County Annex Bldg 1664 SE Walton Rd Port St Lucie, FL 34952 (half mile east of US Hwy 1) Hours of operation -Monday, Tuesday, Thursday and Friday 8:30 am — 4:40 pm -Wednesday's 8:30 am to 3:00 pm 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. St. Lucie County Mosquito Control District www.co.st-lucie.fl.us Joseph E. Smith, Chairman District No. 1 Paula A. Lewis, Vice Chairman District No. 3 Doug Coward District No. 2 Frannie Hutchinson District No. 4 Chris Craft District No. 5 AGENDA September 26, 2006 MINUTES Approve the minutes from the meeting held on September 12, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LIST Approve Warrants List No. 50 and 51. 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. St. Lucie County Erosion District www.co.st-tucie.flms Frannie Hutchinson, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Joseph Smith District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 AGENDA September 26, 2006 MINUTES Approve the minutes from the meeting held on September 12, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LIST Approve Warrants List No. 50 and 51. 2. PUBLIC WORKS Agreement to accept donation of barge for the St. Lucie County Artificial Reef Program - Consider staff recommendation to approve 1) the attached agreement for the County to accept the donation of the barge from D.S. Tug and Barge, Inc., 2) Work Authorization No. 6 with Lee Harris, P.E., PhD, in the amount of $5,590.00, to conduct a pre- and post -deployment dives of the barge, and 3) execution of said contracts by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-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. TREASURE COAST RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. Indian River - St. Lucie - Martin ~ Okeechobee September 21, 2006 Fran Hutchinson, County Commissioner St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982 Dear Commissioner Hutchinson, The St. Lucie County Board of County Commissioners will vote on Tuesday, September 26 to decide on the acceptance of $1,000,000 for the purchase of another permanent conservation easement on the SandScrub property. This is not a transfer of development rights, these houses will never be built anywhere. This will add to the conservation easement recently completed on another 260 acres of SandScrub. Approximately 68 acres of the property is farmed wetland pasture on hydric soils. It is planted in hemarthria grass and is being grazed. There are 70 acres of hydric hammock with mucky soils and Baygall community vegetation. These areas will benefit wildlife by their proximity to Bluefield and other conservation properties in the area by offering corridors of connected lands. The St. Lucie County Land Acquisition Committee recently voted to support this project. I hope that you will look favorably on it as well on Tuesday. Sincerely, (I"- a_,, Mike Adams, President 200 S. Indian River Drive, Suite 202 — Fort Pierce, Florida 34950 772467-9779 (phone) 772-467-9775 (fax) St. Lucie Soil and Water Conservation District 8400 Picos Road, Suite 202, Ft. Pierce, FL 34945 (772) 461-4546 ext.3 Fran Hutchinson, SLC County Commissioner St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Commissioner Hutchinson: 21 September 2006 Co ` The Treasure Coast RC&D Council recently was able to partner with St. Lucie County in the purchase of a conservation easement on 260 acres of the SandScrub ranch adjacent to Bluefield in western St. Lucie County. On Tuesday, September 26, 2006 the St. Lucie County Board of County Commissioners will vote once again to accept another $1,000,000 from the Treasure Coast RC&D for the purchase of an easement for an additional piece of the ranch. The St. Lucie County Land Acquisition Committee recently met and supported the easement. In addition to helping meet the goals of CERP, this easement would greatly benefit wildlife with it's connect ability and its natural features. Approximately 68 acres of the property is farmed wetland pasture on hydric soils. There are 70 acres of hydric hammock with mucky soils and Baygall community -----�cegetafion I hope that you will vote favorably for this project that will eliminate these development rights for the benefit of the citizens of St. Lucie County. Sincerely, Philip C. "Flip" Gates, Jr., Chair Missy Stiadle - Fwd: Agenda Item From: Missy Stiadle To: Agenda Date: 9/22/2006 3:47:15 pm Subject: Fwd: Agenda Item CC: Churchill, Barbara; Lewis, Diana; Powell, Edie Per the email below please pull agenda item 8A and 8B on the regular agenda. Thank you. Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 >>> Heather Lueke 9/22/2006 2:49:10 pm >>> Please pull items 8A and B from Tuesday's agenda. This is the bid protest and the awarding of bid to Dickerson. Thanks, Heather BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY FLORIDA PUBLIC HEARING Date: September 12, 2006 Convened: 6:00 p.m. Adjourned: 1:10 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Michael Brillhart, Strategy and Special Projects Director, Dan McIntyre, County Attorney, Millie Delgado -Feliciano, Deputy Clerk I. GROWTH MANAGEMENT/STRATEGY & SPECIAL PROJECTS Consider Ordinance No. 06-031 adopting a Comprehensive Plan Amendment to establish the Rural Land Stewardship Area Overlay Zone- Consider staff recommendation to approve with conditions, the proposed Comprehensive Plan Amendment through the adoption of Ordinance No.06-031. Mr. Brillhart made opening remarks. Mr. Brillhart addressed the recommendation made by MSCW (Consultants) and his memorandum dated September 6, 2006 to the Board of County Commissioners. These items are attached. Mr. Brillhart addressed two modifications made to policies 1.10 and 4.05.07. poQlic 1.10 a e 5) of the GOPs shall be modified to include the following language: IQuo I;Zo tI e SI e a � lits�s fil' BLIJIF34 91910Wu^.oEEO pautms9s�a6oicis2 l'I�spp�O,�I I I� BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY FLORIDA PUBLIC HEARING Date: September 12, 2006 Convened: 6:00 p.m. Adjourned: 1:10 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Michael Brillhart, Strategy and Special Projects Director, Dan McIntyre, County Attorney, Millie Delgado -Feliciano, Deputy Clerk 1. GROWTH MANAGEMENT/STRATEGY & SPECIAL PROJECTS Consider Ordinance No. 06-031 adopting a Comprehensive Plan Amendment to establish the Rural Land Stewardship Area Overlay Zone- Consider staff recommendation to approve with conditions, the proposed Comprehensive Plan Amendment through the adoption of Ordinance No.06-031. Mr. Brillhart made opening remarks. Mr. Brillhart addressed the recommendation made by MSCW (Consultants) and his memorandum dated September 6, 2006 to the Board of County Commissioners. These items are attached. Mr. Brillhart addressed two modifications made to policies 1.10 and 4.05.07. Policy 1.10 (page 5) of the GOPs shall be modified to include the following language: "The Sending Area Land Use Layer (RSLA Figure 4) represents potential uses allowed within a Stewardship Sending Area but does not represent or guarantee an entitlement to Specific uses. Specific uses of land are subject to review and approval by the Board of County Commissioners". Policy 4.05.07 (7) (page 15) of the LDRs under the section entitled "Sending Area Land Use Layers to be Eliminated" shall be modified to include the following language: " The Uses identified under RLSA Figure 4 represent potential allowable uses that must be agreed to by the Board of County Commissioners in the Stewardship Sending Area Application and/or the Stewardship Easement Agreement." Com. Coward requested Mr. Brillhart highlight major issues raised in the three reviews by the DCA, The Treasure Coast Regional Planning Council, The Planning and Zoning Commission. Mr. Brillhart advised the Board of the 9 issues identified by the three offices: 1. Rural/Transportation Design- under the statute it requires a transportation system be put in place that can provide access, ingress/ egress to a rural land development, but it must be based upon a rural design. There were concerns about having what we are currently identifying as only two major access points into a town of this size. The applicant has gone back and revised the policy 4.12 on this one. 2. This issue was raised by all the entities that reviewed it and this was an issue called, Vision. The fact this was such anew pilot project that no one felt the Board of County Commissioners had the opportunity to look at rural development and how this particular project would impact the area west of the urban service boundary. The applicant went back and added in Policy 1.21 within the goals ,objectives and policies to talk about this specific issue. Mr. Brillhart alluded to policy 1.20 where it stated the Rural Land Stewardship program shall be limited to no more than 3 SRA applications of any one type. He stated Policy 1.21 to be very adequate and that policy 1.21 be added showing the Board would be going through a Vision process after this particular pilot program, however, the issue is still raised, does the Board feel good in principal in having only 3 SRA applications in light of having the new policy 1.21 added to the goal 3. Size and sustainability. This issue was raised by the P & Z Commission concerned that any type of new development within a receiving area may additionally prone additional development in adjacent properties not yet in an application for stewardship receiving area or proposed to be in a stewardship receiving area but in rural lands. This particular issue was placed into a policy format and also in a table format. 4. Open space with the proposed receiving area. There was a concern about there not being sufficient amount of parks and recreation and or open space provided within the recommended stewardship receiving area. The applicant has gone back and taken some language existing within the County's Land Development Code that specifies a minimum of 5 acres per 1,000 population. Com. Coward questioned the status of the open space/ Mr. Brillhart stated within the Land Development Code, the open space language is provided both under the design requirements for a town and or a village and this particular language was added under the design requirements. He believes it is 35%. 5. Utilities - DCA, County Staff and Planning and Zoning Commission raised this as an important issue. The applicant has modified the goals, objectives and policies to include modified language in policy 4.13 and this language was reviewed and agreed to by our County Utilities Department. 6. Housing affordability was another issue raised all the parties, staff recommended the applicant go back and add in a policy with some language within a policy regarding workforce affordable housing and policy 4.21 was revised to specify a minimum of 8% workforce affordable housing within a stewardship receiving area. 7. This concern was regarding staff review: They felt staff may have not had enough time to be effectively prepared to provide a staff report for the Board of County Commissioners consistent with a Planned Unit Development or other type of development application set by the Land Development Code. The applicant has modified in the red line version of the Land Development Code on page 34 to include language regarding the Land Development Code section 11.0601. Staff stated they would prefer to have the language reading, section 11 "as amended". Com. Coward asked if staff s position is they intend to have development will pay for the entire cost of the review. Mr. Brillhart stated, yes. 8. Green building technologies - there is a new policy 4.25 . The applicant will have to work with the County regarding the receiving area as the county adopts specific green building technologies language within our Land Development Code. 9. This issue is within the staff report it gives them environmental management both with the Comprehensive Plan and the Land Development Code. They have identified 4 specific areas that staff determined needs better clarification and these are noted in the memorandum dated September 6, 2006 titled Environmental Management. PA Mr. Brillhart advised the Board Mr. Richard Unger MSCW was available for any questions. Mr. Cox, applicant addressed the Board and stated 8 of the 9 items were addressed prior to the forecasted storm. They have currently worked through all nine issues. Mr. Cox reviewed RLSA Figure 4 Rural Land Steward ship Area Overlay(Sending Area Land Use Layer Matrix) . These are the current allowed uses. He advised the Board they had agreed this morning with our Environmental Department that Aquaculture is a broad term and is not currently defined . For consideration tonight would be to take commercial aquaculture and move it to an Ag 1 use as opposed to an AG 2. He would like to have more discussion today on the policy that is proposed tonight would say these are no longer allowed uses and permission would need to be granted to do what is already being done. They are talking about uses that are allowed today that the family would be removing to generate credits. Com. Coward stated, " the concern Mr. Cox is talking about, removing the layers from left to right and if you had a fairly pristine area and you were granted credits based on that current value, and then you stripped away the first and second layer, so you are removing the residential land use and the conditional use and you are then rewarded for the current condition and the fact that you would not build houses there and then afterwards you still have the ability to go ahead and mine that property, he believes this is the concern the Environmental staff has identified. You are getting credits upfront but you are leaving a potential future use that could actually undermine the integrity of that resource." Mr. Cox stated he understood the concern and this is not their intention, but felt there was a better way to address this issue when they get into this discussion. At this time the Clerk to the Board swore in all those on the applicants team and will individually swear in each public speaker. Mr. Ernie Bennett, South Florida Water Management District, West Palm Beach, Florida addressed the Board in support of this issue. He stated with the Rural Land Stewardship program, they believe it provides creative ways to generate revenues and in return maintaining the eco-systems and provide open space. It also provides landowners to receive incentives. He believes this program with others will help them move forward with the Everglades restoration. Com. Coward thanked Mr. Bennett for his comments. He stated the only thing he is struggling with is how much do you need to give in order to get. They would all like to preserve the Adams Ranch however, there has not been a lot of focus as to the appropriate amount of incentives to give. Mr. Arthur Apissomian, 2142 S.E. Morningside Blvd., addressed the Board quoted a paragraph from the Cost of Community Services studies conducted after 20 years. He stated in the paragraph it states, " Converting Agricultural Land to Residential Land Use cannot be deemed as a way to balance local budgets." He asked the Board to devote more study time and get the specific economics of this issue before making a decision. Ms. Linda Cox, Chamber of Commerce read a letter in support of the issue. Ms.Carol Brick, 5203 NW Downy Court, addressed the density on the Cloud Grove property. It is proposed at a 465% increase the 3 to 1 multiplier may set a precedent. She asked the Board to take more time to review and set up an new committee with public in- put on this issue. 3 Mr. Bryce Babcock, 1522 N. Lawnwood Circle, Ft. Pierce, read a letter from Thomas A. Babcock, MRA Realty where he is urging the Commission to abandon its effort to impose the policies of the TVC on the RLS-LDR's and concurrently amend the TVC LDR's to more closely follow the objectives and policies of the RLS-LDR's. Mr. Jim Russakis, 8801 Indrio Road, addressed the Board in support of this issue. Mr. Gregory Wilson, 1743 SW Import Drive, addressed the Board regarding the density issue and the fact that there would possibly be 6,000 + students in the community and he did not find any information on how they were going to nurture those 6,000 students to become good citizens. He also asked if an environmental reviewed had been completed. Mr. Leslie D. Alderman, Jr. 6118 Dear Run, representing Earthmark Family land abutting the property known as Cloud Groves, addressed the Board and stated he is not sure if this program is appropriate for his property but supports the concept. Ms. Stacy Ranieri, 2062 SW Racquet Club Drive, Palm City, Florida a member of Family Lands remembered, read a letter into the record. (This letter was not presented to the secretary to be included as part of the record.) The letter was in favor of the program. Mr. Jay Maycumber, Indrio Road resident, addressed the Board in support of the program, however he stated he did concur with Mr. Babcock's assessments. He felt the new development should match the TVC not the other way around and also need to consider how many housing developments are being placed in the area and the density. He expressed great concerns with the infrastructure and the costs. Ms. Stacy Johnson, 8405 S. Indian River Drive, addressed the Board and expressed her concerns with the density and does not understand why this project is needed. She asked the Board to give it more thought. Mr. Pat Murphy, 411 N. U.S. # 1, addressed the Board in support of the project and stated it was important to preserve the pristine ranch. Mr. Charles Grande, Hutchinson Island, addressed the Board and stated in his opinion this would be precedent setting and should be reviewed on its own merit and we must weigh what we are giving up. Ms. Pam Hammer, The Reserve resident addressed the Board and recommended an outside consultant be appointed to review the application. She stated her objection to the 35% open space and felt it was not enough. She asked the Board to consider the fact this project would be creating a city with 30,000 residents. She reminded the Board there is presently a water issue with the TVC per the DCA and she recommended the Board hold off until the TVC issue is resolved. The applicant was given the opportunity to address the issues raised by the public. Mr. Cox stated he wished to correct one statement. The affordable housing percentage is 8% and this is a new policy added as per a request made previously. He stated, the other issue was a question as to what would be the value on the easement of the Adams Ranch if the county was prepared to pay for it. If you were to use the comparables such as the sand scrub the county purchased at $2million for 247 acres or $8,008 per acre. If you were to use these numbers, the Adams Ranch easement would cost around $96 million (the easement itself). This is not the issue tonight. What is before the Board tonight is whether to adopt an amendment to create a Rural Land Stewardship overlay, this does not by itself increasing any densities or intensities without SSA and SRA's and a Land Development Code that would apply to implement that provision. The items that are still remaining will be discussed in the future processes to come. Mr. Cox stated he wished to discuss the changes to policy 1.10 . He stated the idea was to take away uses in return for credits. The uses you take away the more credits you 4 receive. The Board has the discretion of do they grant the credits for the uses being taken away, and do they suggest additional uses are to be taken away. Com. Craft stated why would they include in the matrix and give the applicant credit for not mining on every piece of property at the Adams Ranch. The likelihood is it is impossible to mine every square acre on the ranch, so why are they even rewarding the applicant for all of it? He does not mind giving them a little but every acre you are able to remove that layer and gain that credit? Mr. Cox stated yes, because this is forever, and it is saying that you will never be able to mine any acres that are in a SSA. Com. Craft asked the applicant how many units and credits would be potentially generated on 12, 000 acres of sending area from mining? Ms. Anita Jenkins, team member reviewed the matrix and the percentage value of each land use layer that is removed. Mr. Cox stated the 12,000 acres of the Adams Ranch could have 2400 homes on it through out the property. Com. Coward disagreed and stated clustered on 20% of the property. Mr. Cox stated, if they have 80% open space you could. Com. Coward stated, the current code requires clustering and preserve 80% open space and this is fact. Mr. Cox disagreed. Com. Craft stated he was suggesting, when you do your credit matrix that is for you to be able to score each piece of land and what he is suggesting is that no one use on the land whether it is residential or mining, agriculture, no one individual use should be greater than the 2400 units after it is calculated you may add them all together and gain more. Mr. Cox stated in answering Com. Craft's question of "how many stewardship credits could be generated from the mining layer stated it would be 12,000 x .2 or 2400 credits. For example, in order to do the town on Cloud Groves, the 5,000 acre town, you need 35,000 credits. Com. Craft questioned Mr. Cox's prior remarks where it was stated the maximum the 12,000 acre sending area would generate the maximum number of units that those credits after all the credit matrix are done, would generate a maximum number of 13,428 homes. Mr. Cox disagreed with this statement. He stated the total of Adams Ranch is 16, 466 acres could generate the 13,428 number of units, this is the limitation they were asked to place on the program. There is no limitation on the 12,000 it is total limitation on the 22,000 acre overlay. Because the 12,000 scores the highest in environmentally valuable land, it generates more credits per acre than the balance of the ranch. The maximum density of the town is 5,000 acres with 2.5 units per acre. The maximum that can go on Cloud Groves is 12,500. The plan is actually for 12,000. The remaining could go if it were put into a village of 500 acres. Mr. Cox stated if you have Cloud Grove at 5,000 acres and a village on Adams of 500 acres, you end up with 16,000 acres of Adams in an SSA this is the total maximum that can be done. The 12,000 that is going into the first sending area generates more credits per acre than the 4,000 acres that won't be in that sending area. 5 Com. Coward stated the following, " He does not believe Mr. Cox's math is far off. The sending area is 12,000 acres and the entitlements on that property are 2400 with a land use of 1 to 5. You are essentially carving out 928 units that the Adams family will retain, so for the purpose of transferring it really gets taken out of the calculation. We are looking at how many units are being created from the sending site Cloud Grove which is the receiving site, we are talking about a maximum of 12,500 units on Cloud Grove, you have a 5,000 acre property with a land use of 1 to 5, so you currently have 1,000 units you could build today so, if you can now build 12,500 minus the 1,000 entitlements you are creating 11,500 new units, he takes that calculation and divide it by the original entitlements of 2400 to get essentially what the multiplier is and he knows Mr. Cox disagrees with this but this is how he looks at this, they are sending 2400 units off the Adams Ranch and are creating 11,500 new units on Cloud Grove and if you divide this out it is an increase in density of 479%. This is the concern he has been expressing throughout, how much is the county giving in order to get and an almost 500% increase in density is substantial. Com. Coward stated he knows the applicant utilizes the 3 to 1, but they apply this across the entire acreage, both sending and receiving sites, so they are actually giving credits for retaining units that are not even being sent off site which does not make any sense and they are also giving credit to Cloud Groves for the original 1,000 units they had on site for what purpose? Mr. Cox stated it comes down to a fundamental distinction that it is not a multiplier program. The request was what could you have done out there before? The density based system is not giving what they want and it is not working any where in the country. Mr. Cox commented on the policy 1.10. He stated if there is a desire to add the language, he suggested that wherever it talks about "uses", that it be changed to "layers to be removed would be subject to review and approval by the Board of County Commissioners" instead of entitlements. It would read as follows: " The Sending Area Land Use Layer represents uses currently allowed. During the Stewardship Sending Area application process, land uses in the SSA would be removed, subject to the approval by the Board of County Commissioners." He suggested a similar change for 4.05.07. Com. Coward requested Board input. He felt this language may change staff s intent. The County Attorney stated he assisted in drafting the new language staff presented. He believes the language provides the Board with the flexibility of determining whether to approve or remove particular uses. He believes it does address some of staff s concerns but felt it does not address all of their concerns. The Environmental Resources Director stated her job is to help protect the natural resources of the community. In this process they are receiving credits for protecting listed species, enhanced credits for doing that, and staff feels that some of the uses that continue to be allowed under the Agricultural 2 square are prohibitive and they are not going to continue this. Staff has suggested instead calculating the credits on what is out there today, perhaps base the credit on what will be there in the future. Com. Hutchinson stated her dilemma was they are allowed to do these uses today. The Board has the ability to say what can or cannot come off with the application process. The Environmental Resources Director stated they have the ability to control which layer they go to, they do not have the ability to remove specific uses under that layer this is what she understood. The Environmental Resources Director stated she would like to go on record to say that if the language is approved the way it is today, that their recommendation would be that roll virtually with the exception of some areas that are currently highly degraded, actively being used as agricultural areas, that the vast majority of the ranch be taken all the way to the restoration layer and she does not believe this is what the Adams are intending, they do not wish to go that far. She hopes they can find a middle ground. Com. coward expressed concern on what legal right they would have to say no if it meets our code and our code allows for mining in agricultural areas. Mr. Cox stated the program is voluntary. There is an incentive Adams receives by eliminating residential, general conditional and earth mining. He believes it would be a disaster for the environment if they took the property down to restoration and natural resources because it is the cattle ranching itself that results in the property being what it is. It is because of the way they manage it. He suggested removing riding stables and kennels from Ag 2 to AG 1 as a use a layer would be removed and if you took outdoor shooting ranges and aquaculture and also moved them from Ag 2 to Ag 1, those are then not allowed in an Ag 2 SSA. These are the uses the Environmental Department was objecting to in an Ag 2 area. Com. Lewis expressed her concern with the outdoor shooting range for example, if you put an outdoor shooting range in the pasture, what ever is living in that hammock is gone and they have already been given top value for that species being present. She liked the original language and is not clear what Mr. Cox has changed. Mr. Cox clarified his suggestion in the change . Com. Coward stated, as he understood it was the intention was not to be giving bonuses for protection that they have not actually received. If they are giving them bonuses to protect areas yet they are leaving layers still sitting out there that could detrimentally affect that resource, that does not give our staff or some of the Board a comfort level. Ms. Jenkins stated that by protecting the Adams Ranch the county is protecting Agriculture, protecting that resource for long term agricultural operations whatever those operations are in the future, they will be symbiotically related to the natural resources. Ms. Jenkins commented on balancing future growth and sustainability and asked how many units do you need for a sustainable community that is not going to cost the residents of this county to support it. If you do nothing tonight the county is supporting the continued function of urban sprawl. Com. Craft stated his question is not about the density but how it is being derived, how are they getting to that density. If they can get him to a comfort level he may be more supportive of this project. He agreed with Mr. Babcock's comments that the TVC LDR and the RLS should be the same. He stated there is a reason for this and that is so that they know what they are getting in the future. It's not a question of how much density is on there but where it is coming from. Mr. Cox stated it is a design requirement, they have put together the best package they could, they have listened have had public hearing and worked on the lists generated at these meetings. He believes they have a good program and they have a landowner who is prepared to go forward and a developer prepared to go forward and he believes as part of the analysis the Board should consider the landowner and the Adams and the four generations of that family who are willing to do this and asked for Board approval. Com. Coward stated he wanted to follow through with a discussion on the intent of the program being natural resource protection as well as agriculture and he believes all the Board members do understand it. Regarding the concerns of the Environmental Resource Department were the fact there were additional layers, mining, that could jeopardize both of those resources and if they were to go ahead and grant bonuses, additional development rights as an incentive to protect natural resources and agriculture yet there is an additional layer that remains out there, that could jeopardize that resource and this is the issue that is still unaddressed despite Mr. Cox's insistence that it has. It remains out 7 there and this is the concern, we are granting the rewards without a comfort level that those resources are clearly protected. The one issue he did not hear the applicant mention was economic development and if it was required. He is not talking retail jobs he was talking targeted industry. Com. Coward asked the applicant, "are you required to create jobs other than service and retail in the new town? Mr. Cox stated there was not a requirement . He stated it was the same language as in the TVC. Com. Coward stated in this case you write the language as "encourage" and you get all the development rights. In the TVC it may be the same language, but it is incentive based and you have to earn it, it is not given to you up front. In the TVC the developers are donating land to the county which we can use for targeted industries with our incentives to make it happen. Once they do this, then they earn the right to have additional development. Mr. Cox stated the development rights in this program are created based upon the sending area. Com. Coward stated the point is they are not required to do quality economic development, you are encouraged to do so, but not required. Mr. Cox stated, he believes through the encouragement and the incentives that exist and the approaches they are taking, they are going to be able to do this and prove it will be fiscally sustainable. Com. Coward stated if it is required then it should state so, but it does not, it states encourage. Com. Craft stated if they could get a vision of what they are saying it is it could make it easier for the Board. If they could see the plan, they may get more comfortable with this. Mr. Cox stated they are working on a plan to be submitted and go through the entire DRI process that is going to lay this out. The difficulty they are looking at is they are not at that SRA review stage, but he believes the Board will be pleased with what they see. Com. Craft stated he would like to see what the 5,000 acres would consist of and asked if the developer has a conceptual drawing. Mr. Cox stated they have a conceptual drawing but it is not completed. Com. Lewis stated until we tell them exactly what they are allowed to do (unintelligible comment) she did not expect for them to give her roads, units and open spaces until she tells them what they are permitted to put out there. This document does not read like a design manual and she thinks it has a lot of good concepts. She thinks it is extremely premature to ask them to give a concept. She personally felt these documents were enough to go on tonight. Com. Craft stated they were not negotiating they have asked and they have been told no, so what he is asking for is to see what it will look like because then maybe he will understand what they are saying. They are working on the plan today based on these pages and numbers, he is not asking them to do anymore work, he would like to see what they are talking about, he may be comfortable with it, he does not know. Com. Hutchinson stated they needed to step back and look at the fact these are two different planning tools. 8 Com. Coward stated his biggest concern was that in this program they are creating 5 times the density that it out there today. They are creating so much new development through this that not only does it apply to this property but it could potentially apply to the entire agricultural area. St. Lucie County already has too many dwelling units on the books right now outside the urban service boundary probably in the neighborhood of 40,000. To think about a five fold increase in a number of units out there and this is the worse case scenario but this is the number they are using they are looking at a potential of 200,000 units and he regards that as insane. He wants to give units but he does not think that a 500% increase in density is the appropriate number and this is his major concern. Com. Hutchinson stated if you do not give the ability to do something today, you end up with revising less restrictive development plans in the future. She stated the numbers that are being thrown out are today's numbers. Unintelligible comments. Com. Coward stated it was a great concept, however for them having to create a 500% increase in density to achieve it where he is having the problem. The original plan presented was to take all of the development rights off of this property in exchange for some additional development rights on Cloud Grove and now we are retaining 1,000 of 3400 keeping those on site and still creating 11,500 new development rights on a property that is in a remote area and the infrastructure that is going to be built there is going to have a major implications on surrounding development as well. He would like nothing better than to work this project out, find that balance Com. Craft is talking about and vote in favor of this. His gut is telling him 500% increase in density is too much. Com. Smith stated the difference for him is that there were over 700 landowners in the TVC. In this event you have essentially two. The issue is there is a lot of pristine land we have the opportunity of preserving a good portion of it and in doing so we will also be looking at land development that would occur at Cloud Grove, does this balance out, is it even? For him he stated it does. He stated this is a step in a process . Com. Coward requested consensus on policy 1.10 and asked the assistance of the County Attorney. The County Attorney stated the language as it been modified by the applicant has resolved one of the concerns, to provide the Board with flexibility during the sending area application process and the easement process so that the Board is not obligated to necessarily approve specific uses. It does seem to provide the Board with some flexibility to determine whether certain uses are removed or not. The landowner must agree to begin with, but the Board cannot force or remove if the landowner does not agree but is does provide the Board with the ability to say no if it does agree. He also believes the suggestion to move the riding stables, kennels and shooting ranges, also the commercial aquaculture from 2 to 1 is a positive step from a staff perspective. If t he Board agrees those changes should be made. The same language should be included in the land development code and placement can be dealt with later on. Com. Coward requested incorporating language to require a DRI process as a policy. Mr. David Powell, on behalf of STDG stated they did not have an objection to this type of a policy. It was suggested placing the DRI requirement language in policy 4.6. Com. Coward commented on adding language requiring land dedicated for economic development. The County Attorney suggested language such as "the developer shall maximize efforts to create jobs, and also provide language that would allow the County to provide additional incentives for donation of property to encourage things such as this. E Com. Coward stated he felt there should be language having a minimum standard, the term "maximize" does not mandate it. He would like to see a dedicated amount of square footage or acreage something to make sure the county ends up with something concrete as a part of this. The County Administrator stated the square footage is important and he would like at the minimum of 100,000 square feet and this is for one company. He could not elaborate further due to the confidentiality. Com. Lewis stated she felt we were getting something for this creation, environmentally sensitive land we cannot afford to purchase. Com. Craft suggested writing in a minimum of 2% would be dedicated for targeted industry and he would prefer it would come to the county because they would have more leverage. A team member stated this whole issue has gotten them by surprise and this is an issue that has never come up in the conversation, this is a policy requirement that is being thrown out at this time. Com Craft stated what he was suggesting is that the county is privy to conversations and negotiations with the companies that the developers are not. If they have the acreage to work with in the beginning it's the county decision and it would benefit Cloud Grove. Com. Coward stated this is not been a conversation that has not been discussed previously. Since day one he has had conversation with the team about what the county is trying to achieve in the TVC and trying to work in partnership with the builders having land donated for the purpose, this is not a new issue. The County Attorney suggested the following language: " The creation of targeted industries and businesses needed to create a sustainable community must be satisfactorily addressed in the development approval process." Mr. Cox provided the following language to be inserted at the end of page 38 of the LDR " The Cloud Grove Town SRA shall reserve to county sufficient land for 500,000 gross square feet and required parking, based upon the required or area ratio, for targeted industry as a part of the SRA, to be deeded to County upon binding commitment by the user. If the County does not obtain binding commitment for such uses within 5 years of SRA approval, any non -committed lands shall revert to developer. " Com. Coward asked who was responsible for building the infrastructure that will service this targeted industry. The County Administrator stated he believed that the developer would bring the utilities and infrastructure to the site and the county would run it into the site. He stated each developer wants a different location they do not want to be in one complex so this could be in 4 or 5 different locations within Cloud Groves. Com. Coward stated it may need to be integrated into the design since it is in a remote location. A team member stated this is an issue that would need to be sorted out in the SRA approval process. Com. Coward stated he is very pleased with the language that has been brought forward and thanked the applicant, however he would like to see an additional sentence that talks about integrating these economic development opportunities into the town planning so that it does not end up as some remote isolated piece. Mr. Cox suggested adding after the word, targeted industry, add , "as an integrated part of." 10 Com. Coward thanked Mr. Cox for that additional sentence. Com. Coward commented on the importance of this project being fiscally neutral to the taxpayers. He alluded to policy 4.16 page 19, and stated they addressed part of his past concern but not its entirety. The language the way it is written where it reads at the end of ten years it has to be fiscally neutral. He believes the statement should be is that it will be fiscally neutral or positive to St. Lucie including capital and operational cost. (delete after 10 years). Subsequent review shall occur on 10 year increments but the way it is written, it can be interpreted to mean that the fiscal neutrality does not have to occur for a ten year time frame and he believes it is the first 10 year time frame where the greatest likelihood of a taxpayer subsidy will occur because the tax base would not be coming in from the new town but the service demands will be great. He believes the way this is written does not reflect what they have been saying throughout this hearing. The County Administrator asked the applicant, "are we going to be fiscally neutral from day one? and requested an answer to this question. The applicant stated, he believes from day one you have to demonstrate that the project will be fiscally neutral by the time they finish. Com. Smith asked the question, "on day one of that project, and it is a yes or a no answer, will this project be fiscally neutral, will the taxpayers of St. Lucie County who do not live in the Cloud Grove area need to subsidize this project on day one, the first house built, the first road, the first light post? The applicant stated he did not think that they would because he thinks the policies includes enough mechanisms for financing the improvements that are needed for this project through CDD's . Mr. Cox stated he believed it would be and to be specific he would add at end is that if you look at the end of the policy, 4.16 in the paragraph where it states "an enforceable developer agreement shall be required to make sure public facilities provided by the developer are completed in accordance to Florida law that the developer agreement may authorize the developer to assign any obligation for construction, operation or maintenance of the public facility to a community development district, independent special district or other unit of local government. Mr. Cox stated this becomes the binding commitment as part of the development approval to fund that infrastructure. Com. Coward the project idea from day one was sold from day one was that it would pay for itself and he does not understand why there is any hesitation whatsoever to have language that states this. He suggested taking the language Mr. Cox was referring to where it clearly delineates a) they must demonstrate fiscal neutrality at the time of development approval b) the monitoring occurs thereafter. Mr. Cox stated this is what he has done. After conferring with his staff Mr. Cox returned with the additional language. Policy 4.16 4t' line (and operational costs) insert the following : at the time of development approval within each SRA. (This takes the monitoring language from the other page and placing it into the fiscally neutral at the time. Mr. Cox stated at the last meeting they had covered as part of it, before anything is approved, they must demonstrate to the Board's satisfaction that this SRA or any SRA is going to be fiscally neutral at the time the BCC approves it, it must be fiscally neutral at the end of the first ten years and every five years afterwards and at the horizon year. Mr. Cox used the example of putting in the plans to build a fire station, this would not be the first building built but the fire station will be built as they get into it. If in the first 11 year someone catches their kitchen on fire, the cost of the fire truck coming to put out this fire, the taxes from the already built 200 units may not cover the cost of the fire. The first ten years would give them the ability to have this all in, the fire station, the police station all built. This is what he thought they had at the last meeting. Com. Coward requested the Board design language they are comfortable with. He would like to have a simple statement that they will be fiscally neutral throughout the life of the project from beginning to end. The County Administrator stated this is where he thought they were. If there is a catastrophe or something they may need to bring in a fire truck or something this would be understandable, but on normal operating days, he thought they would be fiscally neutral beginning day one. Mr. Cox stated if they do not have that fire day one, they would be fiscally neutral day one, if they have a fire day one then they will need additional revenue to offset this day two and day three. The County Administrator stated he did not wish to have the Fire District hire more personnel or buy equipment to staff another station until they get it built there to cover their area. Mr. Cox stated he believed they would have the specific details as to when the infrastructure would come on line, when it would be built, how much it would be, what the first piece would be, what the second piece would be, would go into the DRI development order as a condition. Com. Coward reiterated his position that this project would not be fiscally neutral in the beginning as first thought. Com. Craft read a paragraph from the Fire District's letter where it is recommending the language be tightened. Com. Coward once again reiterated his position and stated it was abundantly clear. He wished a period be placed after the word cost and this is the statement that it would be fiscally neutral with capital and operating period and the monitoring occurs as prescribed below, demonstrate at time of approval and then a 10 year increment and then 5 years there after. He asked if any of the Board members had an objection to this. No reply was given by the Board members. It was moved by Com. Hutchinson that the Board approve Ordinance No. 06-031 with the proposed policy changes on policy 4.6 to include the DRI language, figure 4 removing commercial aquaculture, riding stables and kennels, shooting ranges, from AG. 2 to 1, the revised language as proposed earlier on 1.10, the addition of fire protection, law enforcement and EMS on policy 4.13, Mr. Cox stated the language he read to policy 4.16 is acceptable to everyone on his side, the change recommended by the Board was to place the period instead of the language is NOT acceptable to the applicant. Com. Hutchinson continued with her motion; the revised language on policy 4.16 the wording the Board had discussed a period after the word, "cost', seconded by Com. Craft Com. Hutchinson questioned how the Board would require the developer to pay the salaries. Com. Coward stated this would be done during the economic assessment until they generate a tax revenue out there to actually pay for it. 12 Com. Hutchinson stated this was not her intent when she added the language discussed by the Board in her motion. Com. Coward stated this was not the intent of the program when it was sold to the Board and they would then have to turn around and say the existing taxpayers will have to subsidize this development. Com. Hutchinson stated she does not see it this way because at this point they do not require this of anyone. Com. Craft stated she was correct, however, they did not have developments taking place 10 or 15 miles from the service providers, such as Fire EMS, Law Enforcement. This has to be dealt with completely isolated in the way they have dealt with any other project. They are talking about putting in a development so far west that there are no service providers even remotely close to them. The closest fire department is Lakewood Park. This motion was pulled off the table It was moved by Com. Smith, to approve Ordinance 06-031 with the following, 4.6 regarding DRI language, figure 4, commercial aquaculture, riding stables, kennels shooting ranges moved from AG2 to AG 1 layer, 1.10 with the revised language, 4.13 regarding law enforcement, fire protection and EMS and 4.16 regarding fiscal neutrality as stated and the board discussion as stated with the period after cost, seconded by Com. Craft, Ms. Anita Jenkins stated there was some confusion with the last hearing with her comments. The policy says and the intent has always been that towns and villages as a whole shall be fiscally neutral or positive. She stated they would see a fiscal model at the time of application to demonstrate what the program and the land plan illustrates to you. At the time of 10 years that land plan will have the ability to stabilize and that program will have the ability to stabilize and the county will monitor it then and measure it and look back at that fiscal neutrality and the positive situation that results from it. She stated if it was misinterpreted and if she said it was going to be fiscally neutral from day one that was not her intent. Fiscally neutral or positive a whole, this policy has not changed no program can be measured day to day and this is why they have increments in here to monitor and look back at it to insure it is fiscally neutral or positive. Com. Coward stated he did not wish to put words in her mouth but she is acknowledging there will be a period of time where the taxpayers will have to subsidize it where it would not be fiscally neutral. Ms. Jenkins stated she was not. Com. Coward asked why then they could not accept the language requested. Mr. Cox stated there may be a portion of the first ten years that would be positive or negative. Com. Craft stated until the station is built he believes what they are trying to say is that they will need to have staff to cover it. What the Board is saying is they have to find some way to fund this without Cloud Grove being a burden on the taxpayers of St. Lucie County. Mr. Cox stated he did not disagree. The DRI development order will lay out when each of these facilities are built, option A is you pay the impact fees and have the county build the facility, option B is they get funded through an independent special district or a CDD and there is impact fee credits based upon those amounts of money for each of the infrastructure requirement. Com. Hutchinson called the motion. 13 And upon roll call, the vote was as follows: Nay's: Com. Lewis, Com. Hutchinson, Com. Coward, Aye's, Com. Smith, Com. Craft Motion denied by a vote of 3 to 2. It was moved by Com. Lewis Ordinance No. 06-031 amending item 4.6 to include the DRI, removing the items as discussed from AG 2 to AG1, revised language on 1.10, add Fire, EMS and Law Enforcement to 4.13, 4.16 language as proposed by Mr. Cox, seconded by Com. Hutchinson, and; upon roll call, the vote was as follows: Nay's, Com. Smith, Com. Craft, Coward; Aye's; Com. Hutchinson, Com. Lewis, motion denied by a vote of 3 to 2. Com. Coward stated they need to resolve the fiscal neutrality issue or this will not pass. Mr. Cox addressed this issue once again regarding the DRI development order and the fact they need some time period within which they can average out the positives and the negatives. The County administrator asked if it was at the county's discretion on how to settle up. Mr. Cox stated he believed it was placed in the development order in terms as to what are the specifics on this, there is no development approved before they have the mechanism for settling up it would b reflected in a DRI development order and in the SRA approval and the development agreement. As they come through this there is a final approval, there is a DRI, an SRA and a development agreement. In that they would have the minute details of how they settle up and this would be negotiated between now and that time. If they do not reach that negotiated agreement, they do not get the approval for the town, nothing will ever get built. At this point they do not have that model put together for he fiscal neutrality and they are not saying the taxpayers need to pay for this, we are saying we have that time to be able to do it and settle up. Com. Coward stated he believes they are saying this, that the first ten years it is not going to pay for itself and we will need to have taxpayers pay for it. He is really disappointed. Com. Coward requested a substitute motion. Com. Lewis asked if it was acceptable at a 5 year time frame as recommended by the applicant. Com. Coward stated this was not acceptable to him, his comments are clear he wishes for the development to pay for itself all along. Com. Smith stated 10 years was a long time and asked Mr. Cox if there was a way the county and the citizens of the community have an idea of how the money is being used, how it is going. Mr. Cox suggested leaving the language as he re- drafted but adding the monitoring, add in after cost, at the time of development approval within each SRA, at the end of the first ten years. This is what he would call the "bench marks" at which they would have to reconcile if not they would have to write a check, change the program, pay an impact fee, whatever that is. Com. Coward stated the first benchmark is 10 years. Com. Smith stated, positive or negative he would not want to make anyone wait ten years and he would not want to find himself in a position to bind another Board. He would rather have a shorter time horizon. 14 Com. Craft stated he had talked about having the developer post a bond and this way the money would be there and this is a way out possibly everyone can work with. He would be comfortable and be able to vote to support the project that way. He recommended leaving the language as the Board had changed it with the period in it and through the sending area application when they look at the applicant's performa then they can get an idea and work it out then. Com. Coward stated he needed to know if there would be a period of time the taxpayers would be subsidizing this project. Com. Craft stated should not, there will be money in the bank waiting making sure that it does not so that the county is guaranteed the taxpayers will not have to subsidize this project in any way or form. Com. Coward stated the basic question is, does the Board want to provide the opportunity for the applicant to get a subsidy from local taxpayers and if so what time frame if any. Com. Smith stated based on Com. Craft comments and if they were to give the county a check to hold then he would see fiscal neutrality in that sense. Com. Coward stated he too would see this also and this is what he was looking for, however this is not what they wish. The County Attorney stated the difficulty seemed to be trying to identify security and issues that they probably do not know anything about. He suggested adding a sentence " the final development orders shall provide for bi-annual monitoring and shall identify remedial measures including the posting of adequate security in the event fiscal neutrality is not achieved." The County Administrator asked if this monitoring would occur at the end of the first 24 months and if the county would get reimbursed. The County Attorney stated that would be dealt with in the final development order. They would have to demonstrate it in the model at the beginning and monitor it every two years thereafter. Whatever the Board finds acceptable. Com. Coward stated he did not have a problem with the monitoring or the remedial measures, the questions was do you want to give them a break period of paying for themselves and it seems to him there are 3 Commissioners who do not wish to give them a grace period. The County Attorney stated in the way he has worded it, you could identify the remedial measures in advance and this could be the posting of a bond or a letter of credit right at the beginning not wait for the bi-annual monitoring. Com. Smith stated he liked the idea of a letter of credit or some type of bond along with the bi-annual monitoring, this way it allows them to still have the resources they need to do what is necessary and also provides the county with the ability to hold the fiscal neutrality. Com. Coward asked the time period for the fiscal neutrality from day one forward or is he suggesting an alternative. Com. Smith stated, he would be willing to provide at the first bi-annual (24 months) report they be able to show if not fiscal neutrality, the plans for fiscal neutrality. Com. Coward stated if you wait two years out they will have a lot of upfront costs that are going to have to be born by the local taxpayers and this is why he is concerned about pushing that time frame. 15 Com. Hutchinson questioned where's the local cost since they will be required to start the infrastructure upfront. Com. Coward gave the example of Tradition's the fire station has not been built as yet and the Fire District hired the staff (100 people) in advance and has had to train them, so the taxpayers are currently subsidizing that development and the exact same scenario will apply here but at a larger scale because this is a significantly larger project. Com. Hutchinson stated she understood what he was saying, however, the first two years are going to be constructing the infrastructure and she does not see why they would be hiring additional staff. Com. Coward stated they would need to train the staff in advance. Com. Smith asked if the applicant would be supportive and willing to provide a bond or a letter of credit on day one, so that on day one there is fiscal neutrality. Mr. Cox stated the question is what is day one? When the first two or three homes come in then something can be posted, but the amount would then vary. If the surety and he believes they mean some sort of assurance, if there was an assurance that could then be set forth in the development order based upon the model, they would then instead of sitting here today saying I don't know when the specific first 500 homes come in, that could then be phased. The thought would be, put something in the Comp Plan that says part of the development order shall include the phasing plan and the mechanism for either funding or providing surety. He stated this concept may work, the question is at what point do you pull the trigger, is it 5 years after the first home or 5 years after tat 500th home. He would expect this would be something that once they see the phase in they would tie it in and say "here's when it matters." Com. Craft advised Nr. Cox that if in fact what he is saying is true, they should not have an issue with the language proposed by Com. Hutchinson or Com. Smith. This should not be an issue and it can be worked out the details when the receiving area application is brought forward. So if they can just say they are going to be fiscally neutral from day one period, we can figure out how to secure this, whether it be through a letter of credit, a bond whatever. He staed, what he does not want to do is since it will two or three years before you see the first house or maybe even longer, he does not wish to be sitting here or the next Board be sitting here and attempting to explain to the citizens that we cannot cut your taxes this year because the previous Board approved a lot of development that really did not pay for itself and unfortunately this is where we are and we cannot afford to continue this route especially with a development this large. Mr. Cox stated he cannot agree to the change in the ten years and cannot agree to the monitoring and putting in to the SRA, the laying it all out and he would love to say yours is the specific language we can use, he believes it will work, he believes it will be in the SRA and the DRI approval laid out and clear, but from a policy perspective it would up to the Board to make another motion and see if it passes. Com. Hutchinson advised the Chairman the County Attorney may have some additional language the Board may consider. The County Attorney stated in terms of the firs sentence they can put in " must demonstrate at the time of development approval that as a whole it will be fiscally neutral or positive to the County including capital operations in costs. The final development shall identify project and infrastructure phasing help provide for bi-annual monitoring and shall identify remedial measures including the posting of adequate security in the event fiscal neutrality is not achieved." Com. Coward stated the term "as a whole " is still in the sentence and asked if this meant the 10 year subsidy remains. The County Attorney stated, no, not the way he understood it. There would be monitoring every two years and at that point you would look and see if neutrality was 16 being achieved and the medial measures of posting the security would then kick in at that point. Com. Coward stated he still was not clear if they were still required to be fiscally neutral day one or not. The County Attorney stated at the time of the development order it would identify phasing schedules, provide for monitoring and it's going to identify in the development order what remedial measures would be in place to make sure the county does not experience the fiscal event that would result in a negative payment by the county. This was his intent. Com. Coward stated the question is when, the term as a whole still remains. The question is do we want to provide any period of time where the taxpayer has to subsidize this project. Com. Smith stated if there is a bond, a letter of credit or some financial means we have in the beginning, the day you start turning dirt with a bulldozer and the county has some financial resource that we can rely on, depend on if and when you are not fiscally neutral, then the county is whole from day one, there is never a grace period should the project not be fiscally neutral then the county has the opportunity to make itself whole out of the alternative whatever that instrument may be. He stated if he understands the County Attorney during the development order time, they can work with the applicant to find out what that number would be and how that would be used. Com. Coward stated this is what he was trying to have the County Attorney clarify, the way the language is written with the term "as a whole" and they are talking about ten years and this is not what Com. Smith is saying he is saying from day one and that is what two other Board members want, so there is a clear consensus that this language needs to be modified. Com. Smith stated he did not see the term "as a whole " having any value as part of the sentence. If they need to go back to the definition and describe the term "as a whole" so that this Board and future Boards understand what it means and this is something that can be discussed. Com. Coward stated he believed they did describe it and it was over the life of the project and they anticipating through their economic models to put the net revenue increase to taxpayers, but up front it will would not. Deleting " as a whole" allows for them to incorporate that subsidy upfront and this is why he objected to that language. Com. Craft asked if there was additional piece in the document that could be changed that would make him happy so that they can move forward on the language suggested by Com. Smith. Com. Coward stated not to the satisfaction of the applicant, because he has several issues and the main one is dealing with the 500% increase in density. If this issue could be rectified he would support the project. The 500% density is an issue, the fiscal neutrality is an issue, open space down to 35% is another issue. Mr. Cox presented new language. He suggested instead of putting in at the end of the first 10 years, the end of 5 years, at the end of build out, you left that out and you said, "the final development order shall include phasing of the capital and operational cost a mechanism for monitoring and a mechanism for assuring fiscal neutrality." What you are saying is, there is a requirement that for the SRA is an appropriate agreement that includes monitoring phasing, monitoring and reconciliation. Com. Coward asked if they were wishing to eliminate any reference to a time period. 17 Mr. Cox stated, the time period gets set in the development order and they have an opportunity to show the Board the model, talk about it and figure out something that will actually work as part of the development order. Instead of saying it will be every 2 years or there will be a bond posted, leaving open how it is done, but saying it has to be done. He stated, it is not saying they are changing the approach, it gives them the ability to actually use real data, real information to craft a real agreement, rather than agreeing or trying to negotiate some language sight un seen. It' s following the, it's got to be fiscally neutral from day one following the concept. There has to be an ability to sit with the County Administrator and say, "let's understand what we are looking at." Com. Coward stated this is a broader goal in the Comprehensive Plan, let's just simply say it is going to be "fiscally neutral from day one" acknowledging that as we move forward with the development order, we are going to work out the details and if you are agreeing to that, then we do not have an issue. Mr. Cox stated, what he is saying is "place the period at the end of capital and operational costs"., and then they will work through the details. Com. Craft stated he believes this does make sure we keep this project fiscally neutral, it just allows it in a different part of the program. Com. Coward sated he did not care where it's done, as long as it is clear tonight that it is going to be fiscally neutral from day one. The County Attorney address the first sentence and stated the Board may want to delete the words, "as a whole" place a period after the word, "cost" and the final development order will identify phasing, provide monitoring and identify measures to assure fiscal neutrality, then you can continue and strike "at the end of the first 10 years and every 5 years after at the horizon build out." Then start the demonstration would be made and going on to the next section something with number 2 because they are the ones who suggested the 10 years and the 5 years and it should say, " the monitoring of fiscal neutrality." Com. Hutchinson questioned if this conflicted with the state requirements of Rural Land Stewardship with regards to monitoring. The County Attorney stated he is not aware of any requirements for monitoring. The County Attorney reiterated his recommended language to policy 4.16 the first line would remain the same, the second line would remain the same, the Board should consider whether to take out the words "as a whole", stop the sentence after "cost", strike the rest of the sentence, " at the end of the first 10 years all the way through build out paren, insert a sentence after the word "cost" period, that says, " the final development order shall identify phasing, provide for monitoring and shall identify measures to assure fiscal neutrality." Continue with the word, "this demonstration shall be made ( and continue on), Com. Smith stated he was comfortable with this language as did Com. Hutchinson and Com. Lewis. The County Attorney continued. The next paragraph, sub -paragraph two, referencing 10 year and 5 year, he inserted, " the monitoring of fiscal neutrality (period). The intent is to defer a negotiation of these issues on how to achieve fiscal neutrality to the front of the development order. Com. Coward stated, with the understanding they will be seeking it through out the project. The County Attorney stated in the affirmative. 18 Com. Craft asked Mr. Cox if he was okay with what was presented which is also practically verbatim what he has on the paper. Mr. Cox stated, he has some people who are not okay wit h it, but he is trying to help the Board come to some language that he will have to deal with them once they see what the Board has does. For the record, he stated he does not have unanimity on that language, but it seems that may be the way to help the Board get where ..... , he is not agreeing to it, he is trying to help facilitate. Com. Coward asked rather than going through the same item changes, they can take a focus on the revised language. The County Attorney stated, " yes, they are looking at policy 1.10, policy 4.6 , policy 4.13, RSL Figure 4, and policy 4.16 as read. " It was moved by Com. Craft, seconded by Com. Smith to approve staff recommendation as stated by Counsel, and; upon roll call, the vote was as follows: Aye's: Hutchinson, Lewis, Smith, Craft; Nay, Coward, motion carried by a vote of 4 to 1. Com. Hutchinson stated, " she hopes this would not be one of those " would of, should of, could of that they will all look back on and regret. 2. GROWTH MANGEMENT/STRATEGY & SPECIAL PROJECT Continue second reading of Ordinance No.06-030 adopting land development regulations to apply to property generally located within the Rural Land Stewardship Area Overlay Zone boundary - Consider staff recommendation to approve with conditions the proposed LDR's through the adoption of Ordinance No. 06-030. The two earlier items dealing with the LDR's was the language with Economic Development, and the second was 4.05.07. Com. Lewis pointed out that also # 4 matrix had to be revised. The County Attorney stated he would like to place the language for 4.05.07 in the purpose and intent portion and in 4.05.07 this is the language they spoke of and it mirrors what they just agreed to do in policy 1.10. It was moved by Com. Smith, seconded by Com. Craft, to approve Ordinance No. 06- 030as amended, and; upon roll call, the vote was as follows: Aye's: Lewis, Hutchinson, Craft, Smith, Nay: Coward; motion carried by a vote of 4 to 1. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 19 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRES ITEM NO. 6 DATE: September 26, 2006 SUBMITTED BY (DEPT): ADMINISTRATION Dougl s M County A SUBJECT: Torrey Pines Institute for Molecul Agreement BACKGROUND: See attached LOI and memorandum REGULAR: (X) PUBLIC HEARING:( ) CONSENT: ( ) rson Letter of Intent (LOI) FUNDS AVAILABLE: Funds will be made available (est. 2007/2008 fiscal year and 7 years thereafter) through the budget process utilizing non Ad Valorem revenues as the primary funding preference. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the approval of the September 1, 2006 Letter of Intent Agreement with Torrey Pines Institute for Molecular Studies in the amount of $10,000,000. COMMISSION ACTION: CONCURRENCE: X APPROVED O DENIED O OTHER: 1, 5-0 Approved Review and ApprOVa— ❑ County Attorney: ❑ Management and Budget: ❑ Originating Dept: ❑ Other: ❑ Finance: Check for copy only, if applicable: ❑ Purchasing: ❑ Other: Anyone with a disability 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 least 48 hours (48) prior to the meeting. DATE: September 18, 2006 RE: Torrey Pines Institute For Molecular Studies Letter of Intent (LOI) Agreement BACKGROUND Attached is the LOI Agreement for Torrey Pines Institute for Molecular Studies (TPIMS). This 100,000 square foot facility will be located on 20 acres within a portion of the Tradition Development known as Southern Grove. The County's obligation under the LOI is that it shall provide $10,000,000 to TPIMS for Working Capital. The Working Capital Fund shall be paid by the County to TPIMS over a period of 8 years in annual installments of $1,250,000 commencing upon satisfaction of all contingencies, City's completion of construction of Phase I of the Laboratory and TPIMS' occupation of the Laboratory, which working capital payments shall be budgeted and appropriated annually by the County. The County shall not be required to pay TPIMS' the Working Capital Fund if TPIMS fails to continuously operate a medical research institute from the Laboratory or fails to comply with State of Florida funding requirements such that TPIMS loses its State funding at any time prior to the end of the Working Capital Payment Term. If TPIMS fails to continuously operate a medical research institute from the Laboratory for a period of 15 years from the date of occupancy of the Laboratory, TPIMS shall repay, from the value of its physical assets in St. Lucie County, including its property and Laboratory and equipment but excluding intellectual property and other intangible property, the amount of the Working Capital Fund received from the County. TPIMS agrees that its Florida operations shall be in St. Lucie County for 15 years following occupancy of the Laboratory. TPIMS also shall not, until 15 years afterthe occupancy of the Laboratory, establish other biomedical science or research facilities in any state other than the State of Florida or State of California. This shall not prohibit normal collaborative activities with other organizations. The source of $1,250,000 (est. 2007/2008 fiscal year) will be determined through the budget process utilizing non Ad Valorem revenues as the primary funding source. RECOMMENDATION Staff recommends the approval of the September 1, 2006 Letter of Intent Agreement with Torrey Pines Institute for Molecular Studies in the amount of $10,000,000. DMA/ab 06-109 c: Attachment Core: Tradition Development Company, LLC or its affiliates City: City of Port St. Lucie, Florida County: St. Lucie County, Florida FAU: Florida Atlantic University TPIMS: Torrey Pines Institute of Molecular Science Parties: Collectively, Core, City, County, FAU and TPIMS. Property: Approximately 20 gross acres generally depicted on Schedule 1 attached hereto, located within a portion of the Tradition Development known as the "Southern Grove," located in Port St. Lucie, Florida. County Obligations: If Phase I of the Laboratory is constructed on property located within St. Lucie County (whether within the Southern Grove, another site in the Tradition Development or an agreed alternative County site), and occupied by TPIMS, the County shall provide Ten Million Dollars ($10,000,000) to TPIMS for TPIMS working capital ("Working Capital Fund"). The Working Capital Fund shall be paid by the County to TPIMS over a period of eight (8) years ("Working Capital Payment Term") in annual installments of One Million Two Hundred and Fifty Thousand. Dollars ($1,250,000)("Working Capital Payments"), commencing upon satisfaction of all Contingencies, City's completion of construction of Phase I of the Laboratory and TPIMS occupancy of the Laboratory, which Working Capital Payments shall be budgeted and appropriated annually by the County. The County shall not be required to pay TPIMS' the Working Capital Fund if TPIMS fails to continuously operate a medical research institute from the Laboratory or fails to comply with State of Florida funding requirements such that TPIMS loses its State funding at any time prior to the end of the Working Capital Payment Term. If TPIMS fails to continuously operate a medical research institute from the Laboratory for a period of 15 years from the date of occupancy of the Laboratory, TPIMS shall repay, from the value of its physical assets in St. Lucie County, including its Property and Laboratory and equipment but excluding intellectual property and other intangible property, the amount of the Working Capital Fund received from the County. TPIMS agrees that its Florida operations shall be in St. Lucie County for 15 years following occupancy of the Laboratory. TPIMS also shall not, until 15 years after the occupancy of the Laboratory, establish other biomedical science or research facilities in any state other than the State of Florida or State of California. This shall not prohibit normal collaborative activities with other organizations. September 1, 2006 *CONFIDENTIAL* (Public Records exemption under Florida's Economic Development Statutes) Tradition Development Company, LLC or its affiliates ("Core") Tradition Station 10521 SW Village Center Dr., Ste. 201 Port St. Lucie, FL 34987 Attn: Paul J. Hegener Florida Atlantic University 777 Glades Road Boca Raton, FL 33431 Attn: Frank Brogan City of Port St. Lucie 121 S.W. Port St. Lucie Blvd. Port St. Lucie, FL 34984-5099 Attn: Donald Cooper Torrey Pines Institute for Molecular Studies 3550 General Atomics Court San Diego, California 92121 Attn: Richard A. Houghten, Ph.D. St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, FL 34982 Attn: Douglas M. Anderson Re: Proposed Agreement by and among Core, St. Lucie County, Florida ("County"), Florida Atlantic University ("FAU" ), City of Port St. Lucie, Florida ("City"), and Torrey Pines Institute for Molecular Studies ("TPIMS") To: All Parties to this LOI This letter outlines the intent of the parties to enter into an agreement based upon terms and conditions set forth herein and such additional terms and provisions each of the Parties or their respective attorneys deem desirable. Core: Tradition Development Company, LLC or its affiliates City: City of Port St. Lucie, Florida County: St. Lucie County, Florida FAU: Florida Atlantic University TPIMS: Torrey Pines Institute of Molecular Science Parties: Collectively, Core, City, County, FAU and TPIMS. Property: Approximately 20 gross acres generally depicted on Schedule 1 attached hereto, located within a portion of the Tradition Development known as the "Southern Grove," located in Port St. Lucie, Florida. Proposed Use: The Proposed Use shall consist of the following: (a) medical, life science and clinical research, including, research involving (i) small animals such as rodents (rats and mice) and rabbits, (ii) carcinogens, (iii) bacteria, (iv) viruses, (v) BLA-3 level pathogens, (vi) NIH and non-NIH stem cells, (vii) radioisotopes in amounts typical of biological and molecular biological research activities, and (viii) future approved medical, life science and clinical research, (b) undergraduate, graduate and post -graduate education, and (c) ancillary services and related healthcare and life science uses. The foregoing Proposed Use shall not be limited to non- profit or not -for -profit users. Leasing and subleasing shall be permitted as long as in accordance with the Proposed Use and terms and conditions of the Lease defined below (the terms of which shall be mutually acceptable to the City and TPIMS); provided, however, TPIMS shall not sublease or otherwise transfer the Laboratory (as defined below) prior to the Bond Retirement Date (as defined below) without the City's prior written consent. TPIMS and other users of the Property shall use the highest safety standards and ensure that all hazardous substances are contained in accordance with applicable law. Core's Obligations: It is the intent of Core, the City, the County and TPIMS that the Property shall be situated so as to allow for the co -location of (a) the Laboratory (as defined below), (b) potential university facilities including a clinical research hospital, and (c) a comparable/compatible medical research facility. Upon satisfaction of all Contingencies, Core shall transfer the Property to 2 the City which is necessary to satisfy the requirements of the financing of the Laboratory facilities. Core, Community Development District and/or a special assessment district created by the City ("SAD") shall construct the storm water lakes located around the Property and construct the roadways located to the east and west of the Property. Core, City, SAD and/or the Community Development District shall be responsible for providing all public infrastructure necessary for the development of the Property in accordance with all requirements; said "public infrastructure" shall be transferred to the City upon acceptance by the City. Miscellaneous with the Economic Development Council of Obligations: Core, in collaboration St. Lucie County, Inc. ("EDC"), will provide relocation experts to assist TPIMS in locating scientific and administrative staff to the St. Lucie facilities. The EDC will use good faith to assist TPIMS to recruit scientific and administrative staff. EDC shall use its best efforts to locate philanthropic support for TRIMS. EDC shall provide TPIMS with an annual membership in the Board of Advisors of the EDC for a period of ten (10) years free of charge to TPIMS. EDC has estimated the value of this membership to be approximately Two Hundred Thousand Dollars over the ten year term. The City will use its best efforts to commence construction of Phase I of the Laboratory (as defined below) during the first quarter of 2007, and to complete construction of Phase I within two years after the start of construction. In the event the City is delayed in commencing construction of Phase I (whether due to permitting delays, Property conditions, the inability to obtain/provide necessary infrastructure on a timely basis, or any other reason) for more than six months, TPIMS may, after June 1, 2007, relocate to an agreed alternative site within the Tradition Development ("alternative Tradition site"). In the event there is no agreement on an alternative Tradition site or the City is unable to proceed with construction on the alternative Tradition site by September 1, 2007, TPIMS may terminate its agreement with the Parties and relocate to any other alternative site. The City and County acknowledge that maintenance of TPIMS' tax-exempt status is critical to the goals for this project, and agree 3 that no requirements will be imposed on TPIMS that would jeopardize TPIMS' tax-exempt status for the purposes of federal, state and local laws. The City, the County and the EDC will continue good faith efforts to develop and promote a biotech / biomedical cluster within St. Lucie County, and TRIMS agrees to work cooperatively with such efforts. City's Obligations: Upon satisfaction of all Contingencies, City shall construct in phases over a period not to exceed seven (7) years (as agreed to by the City and TPIMS), a total of 100,000 square feet of clinical laboratory/office facilities ("Laboratory"), the cost of which shall not exceed $40,000,000 ("Total Laboratory Cost") on the Property, which Total Laboratory Cost shall be broken down as follows (i) up to Thirty One Million Dollars ($31,000,000) for building related costs for the Laboratory and (ii) up to Nine Million Dollars ($9,000,000) for equipment for the Laboratory. Said phases shall be constructed on an "as needed" basis, as determined by TPIMS, with the first phase of the Laboratory consisting of a 50,000 square foot facility dedicated to TPIMS ("Phase I"), which shall be completed and available for occupancy by the first quarter of 2009. When Phase I is completed, and as the remaining phases of the Laboratory are completed, the City shall lease these Laboratory facilities to TPIMS on mutually acceptable terms (the "Lease"), including the land upon which the Laboratory is located ("Laboratory Land"). The Laboratory Land will be leased for ten dollars ($10) per year until the COP/Bonds (as defined below) are retired. Upon retirement of the Bonds ("Bond Retirement Date"), which retirement shall be within no more than 20 years, City shall transfer title to the Property and the Laboratory Land to TPIMS. City shall lease the Laboratory facilities to TPIMS for nominal rent (not to exceed $10 per month) for a period of seven (7) years, and shall thereafter transfer title of the Laboratory to TPIMS so that TPIMS may utilize depreciation of, and mortgage, the Laboratory facility; provided, however, if TPIMS fails to continuously operate a medical research institute from the Laboratory or fails to comply with State of Florida funding requirements such that State funding is lost at any time prior to the Bond Retirement Date, the Laboratory building shall revert back to the City, without further liability to TPIMS. TPIMS shall not sell or otherwise transfer (but may mortgage) the Laboratory prior to the Bond Retirement Date without the City's prior written consent. The Parties acknowledge that the City has not determined the mechanism to finance rd construction of the Laboratory, but the City contemplates using tax-exempt financing (Certificates of Participation) to finance the construction of the Laboratory; which will be paid for all or in part by contributions and or fees derived from various property developments. FAU Obligations: FAU will make financial contributions as referenced on the attached Addendum. FAU will use its best efforts to provide TPIMS with temporary laboratory/office space in its new facility at Harbor Branch Oceanographic Institute in Fort Pierce. The space would be provided free of cost to TPIMS commencing from establishment of a presence in Port St. Lucie by TPIMS ("Temporary Space Commencement Date") and continuing until the earlier of (i) completion of Phase I of the Laboratory, and/or (ii) three (3) years after the Temporary Space Commencement Date. County Obligations: If Phase I of the Laboratory is constructed on property located within St. Lucie County (whether within the Southern Grove, another site in the Tradition Development or an agreed alternative County site), and occupied by TPIMS, the County shall provide Ten Million Dollars ($10,000,000) to TRIMS for TPIMS working capital ("Working Capital Fund"). The Working Capital Fund shall be paid by the County to TPIMS over a period of eight (8) years ("Working Capital Payment Term") in annual installments of One Million Two Hundred and Fifty Thousand Dollars ($1,250,000)("Working Capital Payments"), commencing upon satisfaction of all Contingencies, City's completion of construction of Phase I of the Laboratory and TPIMS occupancy of the Laboratory, which Working Capital Payments shall be budgeted and appropriated annually by the County. The County shall not be required to pay TPIMS' the Working Capital Fund if TPIMS fails to continuously operate a medical research institute from the Laboratory or fails to comply with State of Florida funding requirements such that TPIMS loses its State funding at any time prior to the end of the Working Capital Payment Term. If TPIMS fails to continuously operate a medical research institute from the Laboratory for a period of 15 years from the date of occupancy of the Laboratory, TPIMS shall repay, from the value of its physical assets in St. Lucie County, including its Property and Laboratory and equipment but excluding intellectual property and other intangible property, the amount of the Working Capital Fund received from the County. 5 TPIMS agrees that its Florida operations shall be in St. Lucie County for 15 years following occupancy of the Laboratory. TPIMS also shall not, until 15 years after the occupancy of the Laboratory, establish other biomedical science or research facilities in any state other than the State of Florida or State of California. This shall not prohibit normal collaborative activities with other organizations. TPIMS' S Obligations: Upon completion of construction of the Laboratory, TPIMS shall take occupancy and continuously operate a medical research institute from the Laboratory. TRIMS shall be responsible for the operational and maintenance costs of the Laboratory and complying with all requirements of the Lease. TPIMS shall comply with State of Florida funding requirements. Any property made available to TPIMS shall revert back to the City if TPIMS vacates the property during the Lease period or if TPIMS fails to comply with any material term of the Lease (after notice and a reasonable opportunity to cure any noncompliance). TPIMS shall be responsible for any future expansion, renovation, and/or remodeling expenses for the Laboratory, unless other plans for sharing these costs are mutually agreed upon by one or more of the Parties. Changes that modify the use of the Laboratory or impact over five percent (5%) of the area of the Laboratory shall have the prior written consent of the City. If TPIMS fails to continuously operate a medical research institute from the Laboratory or fails to comply with State of Florida funding requirements at any time prior to the Bond Retirement Date, the Laboratory building shall revert back to the City, without further liability to TPIMS. TPIMS shall not sell or otherwise transfer the Laboratory building prior to the Bond Retirement Date without the City's prior written consent. Contingencies: The following Contingencies apply: (a) creation of a funding mechanism by the City to issue up to $40 million dollars in bonds ("Bonds") to fund the construction of the Laboratory, (b) approval by the State of Florida's Legislative Budget Committee of appropriated funds to TPIMS for operating capital for the Laboratory on terms agreeable to TPIMS. Property Restrictions: The Property shall be restricted to the Proposed Use. The Parties shall agree upon architectural criteria for the Property and the E. Laboratory, provided, however, selection of the architect and contractors, all architectural exterior elevations, site plans, signage, colors, utility plans, drainage plans, landscaping plans, etc. (whether conceptual, preliminary, proposed or final and all modifications, alterations and additions thereto) shall be subject to review and approval by Core. Letter of Intent: Each of the Parties shall endeavor to negotiate binding contracts no later than September 30, 2006. * * * REMAINDER OF DOCUMENT ON NEXT PAGE * * * 7 T-440 P.010/011 F-at4 � T0:4621548 P:2/3 SEP-18-2006 Ob:08A 7ROM:EDC of St. Lucie Cou �61-979-7477 }CLlto1� u9t t et2e34ti AWN lY: vu PAL Ia�18-@6 i9:46� Ft Una"'" 1 ypt aeg �,.. loam*md y �by� "tab .:i.�� 8i+•ten J . .. 5EP-i$-2006 MMI 12:2�AM ill:EM 0f St. ,. '-Uc'e Cour'tu PRGE:11 SFp-l8-2005 06`09A FgOM'EDC of St. Lucie Cov 561-879-7477 TO:4621648 P'3/3 , Please be advised that the submission of these the above items until suchtime as a offer and there is no agreement erms should not be construed as an with regard negotiated and such agreement has been properly binding agreement has been fully eg uisite authority approved, by the Board of Doe eof TpBIS and Core xecuted by the per, and the req for City, County and FAU an s Your understanding of the proposed transaction, If the foregoing correctly represents � si and returning to the undersigned the please indicate this understanding b enclosed copy of this letter. Very Truly Yours, Tradition Development Company, LLC By: Name: Paul J. ever Title: Presid ACCEPTED AND AGREED: CITY OF PORT ST LUCIE, FLORIDA: By: Naive: Donald Cooper Title: City lulu— r Torrey Pines Institute for Molecular Studies: By: Name: Richard A Hon Title: President and CEO St�Luci_e Conn orida By: ^— Name: . Anderson Title: Coin Administrator M FAU Florida Atlantic University Name: Frank Brogan Title: President The Economic Development Council of St. Lucie County UZI Name: Larry Pelton Title: President AGENDA REQUEST ITEM NO.7 DATE: September 26, 2006 REGULAR [XI PUBLIC HEARING 0 CONSENT O TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Administration Douglas Anderson, County Administrator SUBJECT: Authorize St .Lucie County to partner with the Trust for Public Lands (TPL) in acquiring up to 220 of 520 acres owned by Harbor Branch Oceanographic Institution (HBOI), authorize St. Lucie County to negotiate an agreement with TPL through which the property will be transferred to public ownership and through which financial assistance will be rendered to TPL in its acquisition services, and approve potentially needed matching funds not to exceed 25% for grants required to acquire the property. BACKGROUND: In a cooperative effort with Senator Ken Pruitt and President Frank Brogan of Florida Atlantic University, St. Lucie County has developed five proposals to provide financial resources to HBOI. These five proposals are outlined in the attached 8/11/2006 letter mailed to both Senator Pruitt and President Brogan. The proposals were presented to HBOI on 8/28/2006 in a meeting that involved Senator Pruitt, President Brogan and County Administrator Douglas Anderson. At that meeting, HBOI agreed in principle to the proposals. One of the proposals involves acquiring up to 220 of 520 acres owned by HBOI. A map of the lands to be acquired is attached. The County intends to apply for a grant from Florida Communities Trust (FCT) and/or the Florida Forever Program for financial assistance to acquire the lands. The Florida Forever Program has provided an informal assessment of value of the lands of up to $30 million. The Florida Forever Program has also provided assurance that they will work with the County to secure required grant funding. Because time is of the essence in providing financial assistance to HBOI, the County intends to partner with TPL in the acquisition. TPL will serve as an interim owner of the lands until the County can secure grant funding. St. Lucie County has worked successfully with TPL in at least three other instances in successfully acquiring environmental lands. Acquisition of the site will allow for the reconnection of an approximate 60-acre impounded mangrove marsh, which will restore the filtering function of the marsh thereby improving water quality of the Indian River Lagoon. Acquisition of the site will also add to the Indrio Savannas Greenway. It is planned that the site will have connectivity to the Indrio Savannas Preserve (219 acres), Indrio Scrub Preserve (23 acres), and Indrio Blueway Preserve (105 acres). FUNDS AVAIL: Funding will be required to assist TPL in its acquisition services. These costs will be incorporated into an agreement to be negotiated at an appropriate future date. The agreement, after its negotiation, will be submitted to the Board for its approval. If grant funding is secured through the Florida Forever Program, a match is not required. However, providing match may strengthen the grant application. Under the Florida Forever Program, it is customary for the State to assume ownership of the land. Management of the land would be performed by the County under a management agreement. State ownership of the lands creates difficulties in regard to permitting, eligibility for future grants, and restrictive land uses. If grant funding is secured through FCT, a match not to exceed 25% will be required. Depending upon the exact negotiated acreage of the acquisition, the appraised value the acreage, and because of a limit on the amount of grant funding available through FCT on an annual basis; acquisition of the project by the County may have to phased over a period of years. Future funding may have to be made available for the required match in the County's Environmentally Sensitive Land (ESL) Program. Currently there are available in the ESL Program for this project. PREVIOUS ACTION: In 2002, the Board approved a partnership with TPL to acquire 105 acres from HBOI. TPL acquired the land and subsequently transferred ownership to the County when 100% grant funding for both acquisition and restoration was secured. RECOMMENDATION: Staff recommends the Board authorize the partnering of the County with the Trust for Public Lands in the acquisition of HBOI properties and future negotiations with TPL to develop an agreement through which the County or State will acquire the properties and through which financial assistance will be rendered to TPL in its acquisition services. Any agreement negotiated with TPL will be submitted, after negotiation, to the Board for approval. Also approve potentially needed matching funds not to exceed 25% for grants required to acquire the property. COMMISSION ACTION: CONCURRENCE: [�/ ] APPROVED [ ] DENIED [A ] OTHER: 5-0 Approved oug And o Cou t Admi i t ator ------- iation/Signatures Mgt & Budget: Purchasing: _ County Attorney: Other: Originating Dept: Public Works: Finance: (copies only): s ITEM NO. R-8A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Purchasing Department DATE: September 26, 2006 REGULAR (X) PUBLIC HEARING ( ) CONSENT( ) PRESENTED BY: Desiree Cimino Interim Director SUBJECT: Notice of Appeal - Bid Protests - SLC Bid No. 06-084 (Runway 9L-27R and Parallel Taxiway System: Earthwork) BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board uphold the Purchasing Director's recommendation to rule Sitewerks, Inc. non -responsive. COMMISSION ACTION: �) APPROVED O DENIED (je OTHER Pulled prior to the meeting. County Attorney ( X) Originating Dept. ( ) Finance: (check for copy, only if applicable) CONCURRENCE: Coordination/Signatures Mgt. & Budget (:) Purchasing (X) Other( ) Other( ) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 22, 2006 RE: Notice of Appeal — Bid Protest — SLC Bid #06-084 — Runway 9L-27R and Parallel Taxiway System BACKGROUND: On July 12, 2006, submittals received for Bid #06-084 were opened. Below is a summary of the two bids received: Base Bid Add Alternate 1 Add Alternate 2 Add Alternate 3 Add Alternate 4 Total Sitewerks, Inc. $3,315,082.85 $932,385.92 $282,298.51 $237,595.99 $392,091.48 $5,159,454.75 Dickerson Florida, Inc. $3,671,520.00 $1,020,908.00 $383,210.00 $194,480.00 $247,710.00 $5,517,828.00 After review of the proposals, we determined that Sitewerks, Inc. did not meet the Disadvantaged Business Enterprises (DBE) Requirements set forth in the contract documents and required by the Florida Department of Transportation (FDOT). Sitewerks, Inc. committed to provide 0% DBE utilization on this project and did not provide documentation demonstrating a good faith effort to meet the 14.1 % goal, therefore Sitewerks' bid was deemed non -responsive. Dickerson Florida, Inc. submitted a bid that although did not meet the DBE goal, did demonstrate good faith effort. On July 28, 2006, Sitewerks, Inc. sent a Letter of Protest to the Purchasing Department. In accordance with the Purchasing Manual, I consulted with the Assistant County Administrator and the County Attorney concerning the written protest; it was decided that Sitewerks' bid was non -responsive. On August 28, 2006, Sitewerks, Inc. appealed the Purchasing Department's decision to the County Administrator and the Board of County Commissioners. I have attached all correspondence from Sitewerks, Inc., the Purchasing Department, and County Administrator; including Sitewerks, Inc.'s request to have their protest heard by the Board of County Commissioners. The FAA is funding 95% of this project. Miguel Martinez, Project Manager for the FAA, stated that the DBE requirements, or at least a good faith effort to meet them, are mandatory for this project. Mr. Martinez further stated that Sitewerks did not even make a good faith effort to meet the requirements and the FAA therefore approves of the County awarding the contract to the next lowest bidder. RECOMMENDATION: Staff recommends that the Board uphold Staffs recommendation to rule Sitewerks, Inc. non -responsive. Attachments: 1) Letter dated July 13, 2006 to Dianna Lewis from Craig Sucich, PBSU Project Manager 2) Protest Letter dated July 28, 2006 from Sitewerks, Inc. 3) Response Letter dated August 21, 2006 from Desiree Cimino 4) Letter dated August 28, 2006 to Doug Anderson 5) Response dated September 15, 2006 to John Sanders 6) DBE Section of Bid Packet 7) Resolution No. 06-220 July 13, 2006 Diana Lewis Executive Director St. Lucie County International Airport 3000 Curtis King Blvd. Ft. Pierce, FL 34946 Re: Runway 9L-27R and Parallel Taxiway System Bid Package 1 (06-084): Earthwork Recommendation of Construction Contract Award Ms. Lewis: id PBS&J has reviewed both sets of proposal documents received at the July 12th, 2006lation of bids was compiled and a copy is enclosed or yourropening for the above referenced project. A tabu reference. A summary of Bids are as follows: Sitewerks. Inc. Base Bid $3,315,082.85 Add Alternate 1 $932,385.92 Add Alternate 2 $282,298.51 Add Alternate 3 $237,595.99 Add Alternate 4 $392,091.48 Dickerson Florida, Inc. Base Bid $3,671,520.00 Add Alternate 1 $1,020,908.00 Add Alternate 2 $383,210.00 Add Alternate 3 $194,480.00 Add Alternate 4 $247,710.00 Sitewerks, Inc.submitted the low base bid in the amount of $3,315,082.85. Considering that the two bids were within 10% of each other, and the low bid was approximately 27% below our engineer's estimate of probable construction cost, we feel that the project developed good interest from contractors and resulted in competitive bids. After review of the proposal documents, we have determined that Sitewerks, Inc. has not met the DBE requirements set forth in the contract documents. Part V, Section 3 of the Federal Contract Clauses (page FCC-29) states: "Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. " Sitewerks, Inc. has committed to provide 0% DBE utilization on this project and has provided no documentation demonstrating a good faith effort to meet the goal of 14.1%. PBS&J finds Sitewerks, Inc.'s bid non responsive. Based on the available funding, we recommend you award the contract to Dickerson Florida, Inc. for the completion of the Base Bid and Add Alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00. Should you have any questions, please feel free to contact me at 407-647-7275 ext. 4263. Sincerely, PBSW Craig S. Sucich, P.E. Project Manager Cc: Bill McGrew, P.E., PBS&J BOARD OF COUNTY COMMISSIONERS y. w - • , A COUNTY' CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 21, 2006 John Sanders Sitewerks, Inc. 4045 43rd Avenue Vero Beach, Florida 32960 RE: Bid Protest - 06-083 Runway 9L-27R $ Parallel Taxiway: Earthwork Dear Mr. Sanders: Your letter of July 28, 2006, protesting the Consultant's recommendation of award for Bid #06-083 Runway 9L-27R and Parallel Taxiway: Earthwork, to Dickerson Florida, Inc. was received by our office. I have read your letter of protest and also the letter of recommendation of award, received from Craig Sucich of Post, Buckley, Schuh and Jernigan. I have reviewed bid proposals that were submitted by both Sitewerks, Inc. and Dickerson Florida, Inc. Page FCC-29, "Award Documentation and Procedure" of the bid package states: "All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non -responsive." Sitewerks, Inc. has committed to provide 0% DBE utilization on this project and has provided no documentation demonstrating a good faith effort to meet the goal of 14.1%. Based upon the DBE requirements that were in the bid package (page FCC-29), I concur with Craig Sucich's finding Sitewerks, Inc. bid proposal to be non -responsive. As required by the County's Purchasing Manual, I have consulted with the Assistant County Administrator and the County Attorney concerning your written protest. As your bid has been determined to be non -responsive for the reason setforth above, I do not believe that JOSEPH E. SMITH, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 - FRANNIE HUTCHINSON, District No. 4 - CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 00 2300 Virginia Avenue e Fort Pierce, FL 34982-5652 - Phone (772) 462-17 FAX (772) 462-1704 - TDD (772) 462-1428 web site: www.co.st-lucie.fl.us Sitewerks, Inc. has standing to protest the award of the contract to another bidder. Notwithstanding your lack of standing, I have determined, based on a recommendation from Post, Buckley, Schuh and Jernigan, the Airport's consulting engineer, that the bid of Dickerson Florida, did demonstrate a good faith effort in obtaining 7.5% DBE participation, as addressed in FCC-29. You have the right to appeal my decision to the Board of County Commissioners by filing a written notice of appeal with the County Administrator within seven (7) days from receipt of this letter. Sincerely, Desiree Cimino Interim Purchasing Director Copy to: Assistant County Administrator County Attorney Airport Director Craig Sucich, PBSW SITEWERKS, INC. July 28, 2006 St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Fort Piece, F134982 Re: Runway 9L-27R and Parallel Taxiway System Bid Package 1: Earthwork To whom it may concern: Let this letter serve as protest to the award of the aforesaid project to Dickerson of Florida. We request a meeting to expand on the following reasons: • The bid items T- 901-1 and 2 do not equal the letter of intent that they are using cn. for minority participation. °' • Material hauling is not a bid item and 45,000 + /- cy of material does riot match any quantity in the bid. t ,� • Part III of your specifications, Equal Employment Opportunity Requitement; - plainly states MBE participation can be met with racially diverse employment. • The difference in the bid does not equate to the cost of minority participation -{: co Please contact our office at (772) 564-8281 at your convenience and thank you for Yahr time on this matter. mce ely, Jo U resident -7 AnAa A'2rd ♦.. ... ,7....., V--- t. Lr -2'Wncn Du--- 1777 a6A 4741 * V.- 779 CRf_9771 FROM :TOTAL GOLF/SITEWERKS FAX NO. :7725622773 Aug. 28 2005 04:22PM P2 August 28, 2006 L� r� �P A St. Lucie County Douglas M. Anderson 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 --� Re: Bid Protest. 06-083 Runway 9L-27R & Parallel Taxiway: Earthwork 1)ew, Mr. Anderson, purchasing de artnlent dated August 2.1, 2006 rejecthiivP T ani in receipt of lhG ]alter From the pu g P our pretest and would like to appeal to the Board of Cotu,ty Commissi.oners. SITEWERKS4 INC. PI On July l 1, 2006 we submitted a bid for $5,153,377.16 and Dickerson submitted $5,517,928.00 for the above referenced project, On Monday of the following week we contacted purchasing to determine how to proceed and were told that Dickerson was recommendedfor the project.. Purchasing further explained that we did not have anyminority participation in our bid proposal.. Our proposal was based on self performance of the work. T do not think we should be required to use or solicit other contractors for work we can perform ourselves. We just completed the Ditch Relocation Project at the airport, whicJ.i was under budget and on time. Our proposal and bond were submitted in the same foiinat, to self perform the work, and no problems arose from that project. I think it is important to note that Dickerson did not meet 7.5`%, DBE for this bid. The quantities in the letters of intent and the quantities in the bidfor those items did not match. The hid quantities were less. We .request a meeting with you and the county commissioners to discuss this matter further. We appreciate your attention tc� s matter and hope to here from you soon. ;S'inceranders dent 4045 4-,rd Avenu: - Vero licach, FL 32960 Phnnc• 772 564-929 I F.►', 772 562-277 , Attachment #7 BOARD OF COUNTY COMMISSIONERS Via Facsimtle September 15, 2006 John H. Sanders Sitewerks, Inc. 4045 43`d Avenue Vero Beach, FL 32960 Dear Mr. Sanders: COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON Re: Bid Protest - Runway 9L-27R and Parallel Taxiway (Bid No. 06-083) This letter shall serve to acknowledge receipt of your letter dated August 28, 2006, requesting that your above -referenced bid protest be referred to the Board of County Commissioners for review. Please, be advised that the matter will be placed on the Board's agenda for September 26, 2006. The meeting will be held in the Commissioner Chambers located on the third floor of the County Administration Annex Building at 2300 Virginia Avenue in Fort Pierce, beginning at 9:00 a.m. f,/f Sincerely `p .'Anderson Administrator DMA/dp Copies to: Board of County Commissioners County Attorney Assistant County Administrator Outlaw Airport Director Interim Purchasing Director IOSEPH E SMITH. Uisrricr No. ^• DOUG COWARD, Disrnct No. PAoLA A. LEWIS. Dourict M.3AnoP s{o NNIE HUTCHINSON, Districr No. 5 • CHP,IS CRAFT. Uarncr No. 5ounr 2300 Virginia Avenue Fort Pierce. FL 34932-56�� Phone (772) 462-1450 TDD ' 772) 462-1428 FA ; r772) 4,�-'-1o4b a erneil: dougaLCO.S'-lucie.fi.us ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK PART V - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM DISADVANTAGED BUSINESS ENTERPRISES — 49 CFR PART 26 Policy It is the policy of the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance of services contracts awarded by the Owner,, including, but not limited to, contracts financed in whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Participation Policy apply to this Contract. Contract Assurance (§26.13) The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fourteen (14) days from the receipt of each payment the prime contractor receives from Orlando Sanford Airport. Payments not made to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning on the 14th day after payment is due. The prime contractor agrees further to return retainage payments to each subcontractor within fourteen (14) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Orlando Sanford Airport. The right to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under the terms of a contract or under any other statute. Orlando Sanford Airport shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This clause applies to both DBE and non -DBE subcontractors. DBE obligation The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete for and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis of race, color, national origin; or sex in the award and performance of Owner contracts. DBE Administration 1. Eligibility of DBE's: Those firms currently certified as DBE's by the Florida Department of Transportation are eligible to participate as DBE's on this contract. A list of these firms can be . obtained from the State, the consulting engineer, or the Sponsor. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the sponsor's acceptance. A bidder may request a review of a potential DBE prior to the bid opening. The bidder should allow ten working days for the sponsor's determination regarding certification of the potential DBE. Previous acceptance of a DBE by the FAA, State or Sponsor does not ensure acceptance on this project. FCC-27 NNE 2006 ST. LUCIE COUNTY INTERNATIONAL AIRPORT BID #06-084 RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE l: EARTHWORK Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the following: a. Commercially Useful Function: The Sponsor shall count toward the DBE goal only those expenditures to DBE's that perform a commercially useful function in the work of the contract. A DBE performs a commercially useful function when it is responsible for execution of a distinct element of work by actually performing, managing, and supervising that work. To determine if a DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors will be evaluated. If consistent with industry practices, a DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontract a portion of the work up to the amount allowed under standard subcontracting contract provisions of normal industry practices. A DBE is presumed not to be performing a commercially useful function if the DBE is performing outside these guidelines. b. Materials and Supplies: The Sponsor shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision of the materials and supplies: (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the premises the materials or supplies that are obtained by the contractor. (2) Sixty percent of expenditures to a DBE regular dealer will be counted toward the DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution equipment. (3) No credit will be given toward the DBE goal, if the prime contractor makes a direct payment to a non -DBE material supplier. However, it will be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor making remittance to the DBE firm and material supplier jointly. (4) No credit, toward the DBE goal, will be given for the cost of materials or equipment used in a DBE firm's work when those costs are paid by a deduction from the prime contractor's payment(s) to the DBE firm. C. Owner -Operator Trucking: The Sponsor shall count toward the DBE goal, the entire delivery fee paid to DBE owner -operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Sponsor documenting the expenditures. The records shall include for each owner -operator; their social security number; driver's license number, vehicle registration number; current vehicle license number; truck number; and a complete record of the contract fees paid to them. FCC-28 TUNE 2006 ST. LUCIE COUNTY INTERNATIONAL AIRPORT BID #06-084 RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK d. Joint Venture: When a joint venture contract is involved, the Sponsor shall count towards the DBE goal that portion of the contract total dollar value equal to the percentage of ownership and control of each DBE firm within the joint venture. Such crediting is subject to the sponsor's acceptance of the joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: (1) Contract responsibility of the DBE for specific contract items of work, (2) Capital participation by the DBE, (3) Specific equipment to be provided by the DBE, (4) Specific responsibilities of the DBE regarding control of the joint venture, (5) Specific workers and skills to be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. The joint venture must be certified by the sponsor prior to the sponsor submitting the proposal to the FAA. A copy of the sponsor's certification letter must be submitted to FAA along with the DBE Participation Form. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBEs. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and will not be considered. The information furnished shall consist of: (1) The names, addresses, contact persons, phone numbers, and category of DBE firms to be used on the contract; (2) A list of the bid items of work to be performed by the DBE and the percent to be credited toward the DBE goal; (3) The dollar value of each of the DBE work items; and (4) If the DBE goal is not met, a statement of why the goal could not be met and a demonstration of the good faith efforts taken to meet the DBE goal. b. Sponsor Evaluation: In selecting the lowest responsible bidder, the Sponsor will evaluate the DBE information provided with the bid. The Sponsor may request additional DBE information and may allow the bidders, up to 7 calendar days after bid submittal to supplement or resubmit information concerning their proposed DBE participation. Prior to awarding the contract the Sponsor will verify verbally and/or in writing that the information submitted by the apparent successful bidder is accurate and complete. FCC-29 JUNE 2006 ST. LUCIE COUNTY INTERNATIONAL AIRPORT BID #06-084 RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK C. Good Faith Efforts: If the bidder is unable to meet the DBE goal, the bidder must submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include but are not limited to: (1) Efforts to select portions of the work for performance by DBEs, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions of work shall be at least equal to the DBE goal. (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall be sent to a reasonable number of DBE's qualified to participate in the contract. (3) Efforts to negotiate with DBE's for specific items of work including: (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates of initial contact and information on further contacts made to determine with certainty if the DBE's were interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions of the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines of credit required by the contractor. (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadvantaged -focus media concerning subcontracting opportunities. (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and placement of DBEs. The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet the DBE goal and would not constitute a good faith effort: (1) The DBE was unable to provide adequate performance and/or payment bonds. (2) A reasonable DBE bid was rejected based on price. (3) The DBE would not agree to perform the subcontract work at the prime contractors unit bid price. (4) Union versus non -union status of the DBE firm. (5) The prime contractor would normally perform all or most of the work included in this contract. (6) The prime contractor solicited DBE participation by mail only. FCC-30 JUKE 2006 ST, LUCIE COUNTY INTERNATIONAL AIRPORT BID 406-084 RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK 4. Post Award Compliance: If the contract is awarded on less than full DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life of the contract. In such a case, the contractor shall continue good faith efforts throughout the life of the contract to increase the DBE participation to meet the contract goal. If a DBE is unwilling or unable to perform the work specified, the contractor shall request from the Sponsor and FAA, relief from the obligation to use that DBE. Efforts will be made by the contractor to acquire from the DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. If this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE to perform an equal dollar value of allowable credit. If a new DBE cannot be found, the contractor shall submit evidence of good faith efforts within 15 calendar days of the request for relief. The contractor shall submit the new DBE's name, address, work items and the dollar amount of each item. The sponsor and the FAA shall approve the new DBE before the DBE starts work. If the contractor fails to conform to the approved DBE participation or if it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. If the sponsor is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the DBE obligations. The records shall include but are not limited to: a. Record of DBE Participation: The names of disadvantaged and non -disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; and the actual value of such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be documented. C. Final DBE Certification: Upon completion of the individual DBE firm's work, the prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid the DBE firm. This certification shall be signed by both the prime contractor and the DBE firm. END OF SECTION FCC FCC-31 mit Fib (Wm RESOLUTION NO.06-220 A RESOLUTION APPROVING THE 2007 DISADVANTAGED BUSINESS ENTERPRISES ("DBE") PLAN FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT, AUTHORIZING THE SUBMISSION OF THE 2007 DBE PLAN TO THE FEDERAL AVIATION ADMINISTRATION CIVIL RIGHTS OFFICE FOR REVIEW AND APPROVAL, AND AUTHORIZING PUBLICATION OF THE 2007 DBE GOAL FOR REVIEW AND COMMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to 49 CFR Section 26.21, entities who receive funding from the United States Department of Transportation ("DOT") through the Federal Highway Administration, Federal Transit Administration, and/or the Federal Aviation Administration at or above specified levels and let DOT -assisted contracts are required to adopt Disadvantaged Business Enterprise ("DBE") Programs in accordance with the provision of 49 CFR Part 26. 2. In accordance with 49 CFR Section 26.21, the County is required to adopt a disadvantaged business enterprise ("DBE") program for such federally assisted projects to ensure that DBEs have an equal opportunity to receive and participate in DOT -assisted contracts in St. Lucie County. 3. On February 26, 2002, the Board adopted Resolution No. 02-78 which established a DBE Program in accordance with 49 CFR Section 26.21. 4. The County receives significant funding from the Federal Aviation Administration and State of Florida Department of Transportation for the St. Lucie County International Airport. 5. On May 23, 2006, the Board adopted Resolution No. 06-178 which amended the DBE Program to identify the Airport Director as the DBE Liaison Officer for projects at the St. Lucie County International Airport. 6. Pursuant to 49 CFR 26.21 and the adopted St. Lucie County DBE Program, it is necessary to approve a 2007 DBE Plan for the St. Lucie County International Airport. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby approves and adopts the amendments to the 2007 DBE Program for the St. Lucie County International Airport, a copy of which is attached hereto and incorporated herein as Exhibit "A." 2. This Board directs the County Administrator to submit the 2007 DBE Program for the St. Lucie County International Airport to the Federal Aviation Administration Civil Rights Office for review and approval. 3. This Board further directs the County Administrator to publish notice of the 2007 DBE Program goal for the St. Lucie County International Airport for the purpose of public review and comment. After motion and second the vote on this resolution was as follows: Chairman Doug Coward AYE Vice Chairman Chris Craft AYE Commissioner Paula A. Lewis AYE Commissioner Joseph Smith AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY..:A1Qgg �D this 18 day of July, 2006. Dili.;• ,•. .� OF COUNTY COMMISSIONERS ATTEST: .�;,' .—�--'s\�; •.:`� DA 1 .T LUCIE CO TY, Y: o PUTY CLERK ,.` CHAI AN g:\atty\resoltn\2006\06-220.wpd 2 / I AS TO LEGAL FORM AND Y AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. R-86 DATE: 9/26106 REGULAR(X) PUBLIC HEARING( ) CONSENT( ) PRESENTED BY: SUBMITTED BY: PURCHASING Desiree Cimino, Interim Director SUBJECT: Award of Bid #06-084 — Runway 9L-27R and Parallel Taxiway System BACKGROUND: Please see the attached memo. FUNDS AVAILABLE: Funds will be available in FY06/07 in Account #140133-4220-563000- 48006 (Infrastructure) PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends that the Board award Bid #06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. COMMISSION ACTION: [ ] APPROVED [ ] DENIED ] OTHER: pulled prior to the meeting. County Attorney: (X) Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & BudgetXCWD AM Other: CONCURRENCE: Dog n sn Cou Ad i istr for Purchasing Dir.: (X) Other: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. R-8 DATE: 9126/06 REGULAR(X) PUBLIC HEARING ( ) CONSENT() PRESENTED BY: SUBMITTED BY: PURCHASING Desiree Cimino, Interim Director SUBJECT: Award of Bid #06-084 — Runway 9L-27R and Parallel Taxiway System BACKGROUND: Please see the attached memo. FUNDS AVAILABLE: Funds will be available in FY06/07 in Account #140133-4220-563000- 48006 (Infrastructure) PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends that the Board award Bid #06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: County Attorney. (X) Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget)C F AM Other: CONCURRENCE: Doug Anderson County Administrator Purchasing Dir.: (X) Other: PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 19, 2006 RE: Award of Bid #06-084 — Runway 9L-27R and Parallel Taxiway System BACKGROUND: On July 12, 2006, submittals received for Bid #06-084 were opened. One thousand one hundred and eighty-two (1182) companies were notified, thirty documents were distributed, and two (2) submittals were received. Below is a summary of the two bids received: Sitewerks, Inc. Dickerson Florida, Inc. Base Bid $3,315,082.85 $3,671,520.00 Add Alternate 1 $932,385.92 $1,020,908.00 Add Alternate 2 $282,298.51 $383,210.00 Add Alternate 3 $237,595.99 $194,480.00 Add Alternate 4 $392,091.48 $247,710.00 Total $5,159,454.75 $5,517,828.00 After review of the proposals, we determined that Sitewerks, Inc. did not meet the Disadvantaged Business Enterprises (DBE) Requirements set forth in the contract documents and required by the Florida Department of Transportation (FDOT). Sitewerks, Inc. committed to provide 0% DBE utilization on this project and did not provide documentation demonstrating a good faith effort to meet the 14.1 % goal, therefore Sitewerks' bid was deemed non- responsive. On July 28, 2006, Sitewerks, Inc. sent a Letter of Protest to the Purchasing Department. In accordance with the Purchasing Manual, I consulted with the Assistant County Administrator and the County Attorney concerning the written protest before deciding that Sitewerks has no standing to protest the Intent to Award to Dickerson Florida, Inc. RECOMMENDATION: Staff recommends that the Board award Bid #06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. Attachments: 1) Bid Tabulation Sheet 2) Letter dated July 13, 2006 to Dianna Lewis from Craig Sucich, PBSU Project Manager 3) DBE Section of Bid Packet 4) Protest Letter dated July 28, 2006 from Sitewerks, Inc. 5) Response Letter dated August 21, 2006 from Desiree Cimino 6) Letter dated August 28, 2006 to Doug Anderson 7) Response dated September 15, 2006 to John Sanders Attachment #1 w M N O o o 0 0 0 (D o o N o 0 0 0 0 0 0 0 o v m f� o 0 o 0 o of o o iD to ID O O O G IV �(1 fD (D lA 1� M N �O m N N M (D l'� M a M 10 N Iaan m OD N f0 m a O m O? 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(n W nMMOWNW (D I u O G U 0 w 4464 49 r» w z w W 0 O 0 o O O O D O O O O O O O O O O O O O O O O O O O o 0 p p 000 60000 W o 00000006 0 0 0 (n o 0 0 o 00 O 0o O O 0 O N (n D I O O h 0 0 0 O p q J (60 O OD N (Dwwn W(ofA W 19 NW r(n a ¢ m N W aa Vi W N N� W 44 fA VT u) u9 pbj of 0 H .y W Vl tm 0 00000((;000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C_ F OOMM w(n W w(n OOtD 0 OGOO M � qV) W U O N O r�i u9 (q 64NO(D 69 0O (� w O 4a C � z m C (nUYYY(a_ta_Y(i W u.Q�UY ? JQUUUJJ(n_I JJ W Q(n } r 0 0 r o o 0 00 O r 0 0 c o O O o n r r M 0 r o f O O W N r O F lV (D co W z ¢ 7 C7 > m m F- N Co _E m O N m E m6 m O 6 o D.26 CL ! mU IL w NLU ry j O a L° ¢ 0 0 U m ao U w c a a �° a m > 6 � = p d (nn az w p o 0 UU2 WS�1S( Wmx Cm UNm c d -((ppc C U J 0 .2 »R »c HCn Na (C= F-� O r uNi(NnIn(Wn N M r Lno00(n(no0 N r N r Eo Pr n n n g rn ��dddddddodoo�l- on O r z N M K In W n W W O r N M R In Attachment #2 July 13, 2006 Diana Lewis Executive Director St. Lucie County International Airport 3000 Curtis King Blvd. Ft. Pierce, FL 34946 Re: Runway 9L-27R and Parallel Taxiway System Bid Package 1 (06-084): Earthwork Recommendation of Construction Contract Award Ms. Lewis: PBS&J has reviewed both sets of proposal documents received at the July 12th, 2006 bid opening for the above referenced project. A tabulation of bids was compiled and a copy is enclosed for your reference. A summary of Bids are as follows: Sitewerks. Inc. Base Bid $3,315,082.85 Add Alternate 1 $932,385.92 Add Alternate 2 $282,298.51 Add Alternate 3 $237,595.99 Add Alternate 4 $392,091.48 Dickerson Florida, Inc. Base Bid $3,671,520.00 Add Alternate 1 $1,020,908.00 Add Alternate 2 $383,210.00 Add Alternate 3 $194,480.00 Add Alternate 4 $247,710.00 Sitewerks, Inc.submitted the low base bid in the amount of $3,315,082.85. Considering that the two bids were within 10% of each other, and the low bid was approximately 27% below our engineer's estimate of probable construction cost, we feel that the project developed good interest from contractors and resulted in competitive bids. After review of the proposal documents, we have determined that Sitewerks, Inc. has not met the DBE requirements set forth in the contract documents. Part V, Section 3 of the Federal Contract Clauses (page FCC-29) states: `Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. " Sitewerks, Inc. has committed to provide 0% DBE utilization on this project and has provided no documentation demonstrating a good faith effort to meet the goal of 14.1%. PBS&J finds Sitewerks, Inc.'s bid non responsive. Based on the available funding, we recommend you award the contract to Dickerson Florida, Inc. for the completion of the Base Bid and Add Alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00. Should you have any questions, please feel free to contact me at 407-647-7275 ext. 4263. Sincerely, PBS&J Craig S. Sucich, P.E. Project Manager Cc: Bill McGrew, P.E., PBS&J ST. LUCIE COUNTY INTERNATIONAL AIRPORT Attachment #3 RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK PART V - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM DISADVANTAGED BUSINESS ENTERPRISES — 49 CFR PART 26 Policy It is the policy of the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance of services contracts awarded by the Owner, including, but not limited to, contracts financed in whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Participation Policy apply to this Contract. Contract Assurance (§26.13) The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fourteen (14) days from the receipt of each payment the prime contractor receives from Orlando Sanford Airport. Payments not made to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning on the 14th day after payment is due. The prime contractor agrees further to return retainage payments to each subcontractor within fourteen (14) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Orlando Sanford Airport. The right to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under the terms of a contract or under any other statute. Orlando Sanford Airport shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This clause applies to both DBE and non -DBE subcontractors. DBE Obligation The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete for and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of Owner contracts. DBE Administration 1. Eligibility of DBE's: Those firms currently certified as DBE's by the Florida Department of Transportation are eligible to participate as DBE's on this contract. A list of these firms can be obtained from the State, the consulting engineer, or the Sponsor. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the sponsor's acceptance. A bidder may request a review of a potential DBE prior to the bid opening. The bidder should allow ten working days for the sponsor's determination regarding certification of the potential DBE. Previous acceptance of a DBE by the FAA, State or Sponsor does not ensure acceptance on this project. FCC-27 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK JUNE 2006 BID #06-084 Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the following: a. Commercially Useful Function: The Sponsor shall count toward the DBE goal only those expenditures to DBE's that perform a commercially useful function in the work of the contract. A DBE performs a commercially useful function when it is responsible for execution of a distinct element of work by actually performing, managing, and supervising that work. To determine if a DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors will be evaluated. If consistent with industry practices, a DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontract a portion of the work up to the amount allowed under standard subcontracting contract provisions of normal industry practices. A DBE is presumed not to be performing a commercially useful function if the DBE is performing outside these guidelines. b. Materials and Supplies: The Sponsor shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision of the materials and supplies: (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the premises the materials or supplies that are obtained by the contractor. (2) Sixty percent of expenditures to a DBE regular dealer will be counted toward the DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution equipment. (3) No credit will be given toward the DBE goal, if the prime contractor makes a direct payment to a non -DBE material supplier. However, it will be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor making remittance to the DBE firm and material supplier jointly. (4) No credit, toward the DBE goal, will be given for the cost of materials or equipment used in a DBE firm's work when those costs are paid by a deduction from the prime contractor's payment(s) to the DBE firm. C. Owner -Operator Trucking: The Sponsor shall count toward the DBE goal, the entire delivery fee paid to DBE owner -operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Sponsor documenting the expenditures. The records shall include for each owner -operator; their social security number; driver's license number; vehicle registration number; current vehicle license number; truck number; and a complete record of the contract fees paid to them. FCC-28 ST. LUCIE COUNTY INTERNATIONAL AIRPORT JUNE 2006 RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID #06-084 BID PACKAGE 1: EARTHWORK d. Joint Venture: When a joint venture contract is involved, the Sponsor shall count towards the DBE goal that portion of the contract total dollar value equal to the percentage of ownership and control of each DBE firm within the joint venture. Such crediting is subject to the sponsor's acceptance of the joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: (1) Contract responsibility of the DBE for specific contract items of work, (2) Capital participation by the DBE, (3) Specific equipment to be provided by the DBE, (4) Specific responsibilities of the DBE regarding control of the joint venture, (5) Specific workers and skills to be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. The joint venture must be certified by the sponsor prior to the sponsor submitting the proposal to the FAA. A copy of the sponsor's certification letter must be submitted to FAA along with the DBE Participation Form. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBEs. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and will not be considered. The information furnished shall consist of: (1) The names, addresses, contact persons, phone numbers, and category of DBE firms to be used on the contract; (2) A list of the bid items of work to be performed by the DBE and the percent to be credited toward the DBE goal; (3) The dollar value of each of the DBE work items; and (4) If the DBE goal is not met, a statement of why the goal could not be met and a demonstration of the good faith efforts taken to meet the DBE goal. Sponsor Evaluation: In selecting the lowest responsible bidder, the Sponsor will evaluate the DBE information provided with the bid. The Sponsor may request additional DBE information and may allow the bidders, up to 7 calendar days after bid submittal to supplement or resubmit information concerning their proposed DBE participation. Prior to awarding the contract the Sponsor will verify verbally and/or in writing that the information submitted by the apparent successful bidder is accurate and complete. FCC-29 ST. LUCIE COUNTY INTERNATIONAL AIRPORT JUNE 2006 RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID #06-084 BID PACKAGE 1: EARTHWORK Good Faith Efforts: If the bidder is unable to meet the DBE goal, the bidder must submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include but are not limited to: (1) Efforts to select portions of the work for performance by DBE's, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions of work shall be at least equal to the DBE goal. (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall be sent to a reasonable number of DBE's qualified to participate in the contract. (3) Efforts to negotiate with DBE's for specific items of work including: (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates of initial contact and information on further contacts made to determine with certainty if the DBE's were interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions of the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines of credit required by the contractor. (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadvantaged -focus media concerning subcontracting opportunities. (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and placement of DBE's. The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet the DBE goal and would not constitute a good faith effort: (1) The DBE was unable to provide adequate performance and/or payment bonds. (2) A reasonable DBE bid was rejected based on price. (3) The DBE would not agree to perform the subcontract work at the prime contractors unit bid price. (4) Union versus non -union status of the DBE firm. (5) The prime contractor would normally perform all or most of the work included in this contract. (6) The prime contractor solicited DBE participation by mail only. FCC-30 ST. LUCIE COUNTY INTERNATIONAL AIRPORT JUNE 2006 RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID #06-084 BID PACKAGE 1: EARTHWORK Post Award Compliance: If the contract is awarded on less than full DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life of the contract. In such a case, the contractor shall continue good faith efforts throughout the life of the contract to increase the DBE participation to meet the contract goal. If a DBE is unwilling or unable to perform the work specified, the contractor shall request from the Sponsor and FAA, relief from the obligation to use that DBE. Efforts will be made by the contractor to acquire from the DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. If this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE to perform an equal dollar value of allowable credit. If a new DBE cannot be found, the contractor shall submit evidence of good faith efforts within 15 calendar days of the request for relief. The contractor shall submit the new DBE's name, address, work items and the dollar amount of each item. The sponsor and the FAA shall approve the new DBE before the DBE starts work. If the contractor fails to conform to the approved DBE participation or if it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. If the sponsor is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. Records and Reports: The contractor shall keep records as necessary to determine compliance with the DBE obligations. The records shall include but are not limited to: a. Record of DBE Participation: The names of disadvantaged and non -disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; and the actual value of such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be documented. C. Final DBE Certification: Upon completion of the individual DBE firm's work, the prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid the DBE firm. This certification shall be signed by both the prime contractor and the DBE firm. END OF SECTION FCC FCC-31 :TOTAL GOLF/SITEWERKS July 28, 2006 FAX NO. :7725622773 Attachment #4 SITEWERKS INC• St. Lucie County 'Purchasing Department 2300 Virginia Avenue, Room 228 Fort Piece, F134982 Re: Runway 9L-27R and Parallel Taxiway System Bid Package 1: Earthwork To whom it may concern: Let this letter serve as protest to the award of the aforesaid project to Dickerson of Florida. We request a meeting to expand on the following reasons: • The bid items T- 901-1 and 2 do not equal the letter of intent that they are using for minority participation. • Material hauling is not a bid item and 45,000 + /- ey of material does not match any quantity in the bid. • Part HI of your specifications, Equal Employment Opportunity Requirement, plainly states MBE participation can be met with racially diverse employment. • The difference in the bid does not equate to the cost of minority participation. Please contact our office at (772) 564-8281 at your convenience and, thank you for your time on this matter. /'—`\ , inc e ely, Jo V resident 404543 .a Avenue - Vero Beach, FL 32960 Phone 772 564-8281 * Fax 772 $62-2773 Attachment #5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE 4 Cou,NTY F iL. ,.O `' R 1, . D 'A, CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 21, 2006 John Sanders 5itewerks, Inc. 4045 43"d Avenue Vero Beach, Florida 32960 PURCHASING DEPARTMENT RE: Bid Protest - 06-083 Runway 9L-27R A Parallel Taxiway: Earthwork Dear Mr. Sanders: Your letter of July 28, 2006, protesting the Consultant's recommendation of award for Bid #06-083 Runway 9L-27R and Parallel Taxiway: Earthwork, to Dickerson Florida, Inc. was received by our office. I have read your letter of protest and also the letter of recommendation of award, received from Craig Sucich of Post, Buckley, Schuh and Jernigan. I have reviewed bid proposals that were submitted by both 5itewerks, Inc. and Dickerson Florida, Inc. Page FCC-29, "Award Documentation and Procedure" of the bid package states: "All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non -responsive." 5itewerks, Inc. has committed to provide 0% DBE utilization on this project and has provided no documentation demonstrating a good faith effort to meet the goal of 14.1%. Based upon the DBE requirements that were in the bid package (page FCC-29), I concur with Craig Sucich's finding 5itewerks, Inc. bid proposal to be non -responsive. As required by the County's Purchasing Manual, I have consulted with the Assistant County Administrator and the County Attorney concerning your written protest. As your bid has been determined to be non -responsive for the reason setforth above, I do not believe that J05EPH E. SMITH, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 5 - FRANNIE HUTCHINSON, District No. 4 - CHRI5 CRAFT, District No. 5 County Adminisrrotor - 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-lucie.fl.us Sitewerks, Inc. has standing to protest the award of the contract to another bidder. Notwithstanding your lack of standing, I have determined, based on a recommendation from Post, Buckley, Schuh and Jernigan, the Airport's consulting engineer, that the bid of Dickerson Florida, did demonstrate a good faith effort in obtaining 7.5% DBE participation, as addressed in FCC-29. You have the right to appeal my decision to the Board of County Commissioners by filing a written notice of appeal with the County Administrator within seven (7) days from receipt of this letter. Sincerely, Desiree Cimino Interim Purchasing Director Copy to: Assistant County Administrator County Attorney Airport Director Craig Sucich, PBS&J August 28, 2006 St. Lucie County Douglas M. Anderson 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Attachment #6 SITEWERKS, INC. QEceivFo � e � scPoslub U Re: Bid Protest 06-083 Runway 9L-27R & Parallel Taxiway: Earthwork Dear Mr. Anderson, I am in receipt of the letter from the purchasing department dated August 21, 2006 rejecting our protest and would like to appeal to the Board of County Commissioners. On July 11, 2006 we submitted a bid for $5,153,377.16 and Dickerson submitted $5,517,828.00 for the above referenced project. On Monday of the following week we contacted purchasing to determine how to proceed and were told that Dickerson was recommended for the project. Purchasing further explained that we did not have any minority participation in our bid proposal. Our proposal was based on self performance of the work. I do not think we should be required to use or solicit other contractors for work we can perform ourselves. We just completed the Ditch Relocation Project at the airport, which was under budget and on time. Our proposal and bond were submitted in the same format, to self perform the work, and no problems arose from that project. I think it is important to note that Dickerson did not meet 7.5% DBE for this bid. The quantities in the letters of intent and the quantities in the bid for those items did not match. The bid quantities were less. We request a meeting with you and the county commissioners to discuss this matter urthe? We appreciate your attention to this matter and hope to here from you soon. Sanders Vide President rd 404,543 Avenue - Vero Beach, FL 32960 Phone 772 564-8281 1 Fax 772 562-2773 Attachment #7 BOARD OF COUNTY COMMISSIONERS Via Facsimile September 15, 2006 John H. Sanders Sitewerks, Inc. 4045 43rd Avenue Vero Beach, FL 32960 Dear Mr. Sanders: COUNTY .A� DOUGLAS M. ANDERSON Re: Bid Protest - Runway 9L-27R and Parallel Taxiway (Bid No. 06-083) This letter shall serve to acknowledge receipt of your letter dated August 28, 2006, requesting that your above -referenced bid protest be referred to the Board of County Commissioners for review. Please be advised that the matter will be placed on the Board's agenda for September 26, 2006. The meeting will be held in the Commissioner Chambers located on the third floor of the County Administration Annex Building at 2300 Virginia Avenue in Fort Pierce, beginning at 9:00 a.m. A Sincerely 4__ Anderson Administrator DMA/dp Copies to: Board of County Commissioners County Attorney Assistant County Administrator Outlaw Airport Director Interim Purchasing Director JOSFPFI E SMITH, Disrricr Nc. '1 n DOUG COWARD, District No. 2 • PAULA A LFWIS, Dismo No. 5 - FRANNIE HUTCHINSON District Nc CHRIS CRAFT Uisrrit No Counri Adminisrroror - DOUQICS Pi Anaerso: 2300 Viro_ info Avenue E Fort Pierce F". 34932-5652 Pnone (77'� ) 462-1450 - 7DD ;772I 462-142�: FA; ' 7 7u 1ozib 0 -mai':: aou0c)(0, c .;t-iucie.fi.U: CONSENT AGENDA ITEMS 09/22/06 FZABWARR BuND TITLE 001 001159 001172 001177 001179 001180 001310 001404 001814 101 101001 101002 101003 101004 101006 101108 101218 102 102001 105 107 107001 107002 107003 -'7006 lag 140 140001 140316 140322 150 160 183 183001 183004 185006 185007 185008 215 217 250 282 310002 310003 310202 315 316 ST. LUCIE COUNTY - BOARD WARRANT LIST #51- 16-SEP-2006 TO 22-SEP-2006 FUND SUMMARY General Fund FTA Section 5303 Grant FY 04 CDBG Grant FY 05 Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 US Dept Housing HUD Shelter Plus Gr Dep Innovative Recyclin/Waste Redu 05 CSBG Sup Diaster Recovery Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA/FDOT County Rds-H. Frances FDOT Midway Road PD & E Study Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Blakely Subdivision Fund Parks MSTU Fund Port & Airport Fund Port Fund Purchase Fire Protection Equ. FDOT Industrial Park West Development Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Sales Tax Revenue Bonds I&S Fund State Revenue Sharing Bonds I&S Fnd Capital Projects I&S Environmental Land I&S Fund Impact Fees -Parks Impact Fees -Public Buildings FDEP Land/Water Fund "River Pk" County Building Fund County Capital EXPENSES 327,391.34 314.16 2,833.00 334.90 3,395.00 7,303.43 750.00 92.11 453.22 3,487.35 13,500.00 173,664.35 107,408.89 16,316.83 88,475.88 523,927.90 55,766.00 12,362.38 123,982.58 4,980.77 15,182.04 796.91 146.23 3,830.09 9,366.01 81.17 296,855.84 12,323.29 100.77 85,198.00 418,794.11 150.00 240.72 26.79 305.59 3,149.71 59.59 360.92 2,356.45 3,356,140.64 693,843.76 25,640.00 1,367,205.00 19,758.52 1,520.00 6,700.00 4,864.61 30,539.93 PAGE PAYROLL 664,639.20 0.00 0.00 3,661.26 1,278.70 0.00 0.00 1,249.19 1,554.08 41,132.65 0.00 44,786.34 33,407.49 19,972.83 0.00 0.00 0.00 80,140.28 4,472.80 0.00 133,698.24 989.36 1,947.76 0.00 7,331.96 0.00 0.00 13,581.12 0.00 0.00 0.00 2,068.81 3,168.80 0.00 0.00 6,637.45 0.00 1,090.40 2,455.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/22/06 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR i FUND TITLE WARRANT LIST #51- 16-SEP-2006 TO 22-SEP-2006 FUND SUMMARY 316001 Transportation Capital 316301 FDOT Intermodal Improvements 317 County Capital -St Revenue Share Bnd 39005 Sunland Gardens MSBU Capital 396 Lennard Road 1 - Roadway Capital 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 620 Law Enforcement Trust Fund 625 Law Library 666 SLC Economic Development Trust Fund EXPENSES 6,035.21 30,142.70 57,094.59 28,538.03 100.00 242,643.93 24,817.08 33,871.71 37.74 17,091.83 634,280.29 59.01 87.66 7,100.54 173,178.65 5,229.50 247.93 144,761.00 4,550.00 15,028.00 PAYROLL 0.00 0.00 0.00 0.00 0.00 74,834.34 22,927.58 2,002.26 586.54 17,500.41 6,971.62 947.49 1,508.20 76,583.47 6,259.37 0.00 4,510.81 0.00 0.00 0.00 GRAND TOTAL: 9,247,172.18 1,283,896.39 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. C-A.2 Date: September 26, 2006 Regular [ ] Public Hearing [ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Animal Impoundment Services - Agreement with Humane Society of St. Lucie County, Inc. BACKGROUND: See C.A. No. 06-1521 FUNDS AVAIL.(State type & No. of transaction or N/A): Account No. 102-6240-5820004-600 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Coordination/Signatures County Attorney: V //Mgt. VBudge Originating Dept.: 4Other Finance (Check for Copy only, if applicable): CONCURRENCE: Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 06-1521 DATE: September 18, 2006 SUBJECT: Animal Impoundment Services - Agreement with Humane Society of St. Lucie County, Inc. BACKGROUND: Attached to this memorandum is a copy of the proposed agreement with Humane Society of St. Lucie County, Inc. to provide animal impoundment services to the County and County residents. The agreement will cover the period October 1, 2006 through and including September 30, 2008. The cost per animal for the first year will be one hundred fifteen and 00/100 dollars ($115.00). For the second year, the cost will increase to one hundred eighteen and 00/100 dollars ($118.00) per animal. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Public Safety Director Finance Director Management and Budget Director Contracts Coordinator AGREEMENT THIS AGREEMENT made and entered into this I" day of October, 2006, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and the HUMANE SOCIETY OF ST. LUCIE COUNTY, INC., a not -for -profit corporation under the laws of the State of Florida, hereinafter referred to as "Humane Society". WITNESSETH WHEREAS, the County, through the operation of its Animal Control Division (the "Division") and in the enforcement of state and local laws regulating animal control and in protection of the health, safety, and welfare of the citizens of the County, takes into custody or impounds both wild and domestic animals; and, WHEREAS, the Humane Society has the ability to provide facilities for the impoundment of such animals and the provision of other services to the County's Animal Control Division, as well as to the residents of the County; and, WHEREAS, the parties agree to mutually cooperate for the purpose of controlling animals within the County, NOW, THEREFORE, in consideration of the premises and mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutally understood and agreed as follows: 1. The Humane Society shall be the exclusive provider of shelter, board and care for all animals other than livestock picked up within the jurisdiction of the Division or received from the residents of the unincorporated area of the County and delivered to the Humane Society by either the Division or by any resident of the unincorporated area of the County, until the animal is returned to its owner, adopted or otherwise disposed of at the discretion of the Humane Society and in accordance with state and local law. Delivery of any animal pursuant to this Agreement shall be made to the Humane Society's shelter located at 100 Savannah Road, Fort Pierce, Florida. The Humane Society shall further provide for quarantine of all animals brought to its shelter which have been involved in a biting incident. 2. The Humane Society shall provide appropriate medical care, at its discretion, and preventive vaccinations whenever possible to animals delivered to its shelter by the Division or by any resident of the unincorporated areas of the County. 3. The Humane Society shall treat whenever possible flea and tick invasion of outer extremities of animals delivered to its shelter by the Division or by any resident of the unincorporated area of the County. 4. The Humane Society shall provide the County with a monthly record of all animals delivered to the Humane Society's shelter by the Division and residents of the unincorporated areas of the County, and the number of animals returned to owners in the unincorporated areas of the County, including the names and addresses of the residents who drop off animals and the owners to whom the animals are returned. The monthly reports shall be produced by the Humane Society and delivered to the County on or before the fifth day of the month following the month for which the report is prepared. The report shall be adjusted by the Division on or before the fifteenth day of the month following the month for which the report is prepared. In the event of a dispute regarding the figures, the County's adjustment shall govern. 5. The term of this agreement shall begin on October 1st, 2006, and shall continue through and including September 30th, 2008, unless otherwise terminated as provided under this agreement. 6. It is further agreed, a) For and in consideration for the services performed by the Humane Society in accordance with this agreement, the County shall compensate the Humane Society at a base rate of one hundred and fifteen dollars ($115)' per domestic animal delivered, sheltered, boarded or cared for by the Humane Society pursuant to this Agreement. The County shall pay the Humane Society the amount due based upon the monthly reports submitted as provided in paragraph 4. Payment shall be due on or before the thirty (30) days following the receipt of the monthly report. b) For and in consideration for services performed by the Humane Society in accordance with this agreement, the County shall compensate the Humane Society for wild animals (raccoon, opossum etc.) in the amount of five and 00/100 dollars ($5.00) per wild animal delivered, sheltered, boarded or cared for by the Humane Society pursuant to this Agreement. The County shall pay the Humane Society the amount based upon the monthly reports submitted as provided in Paragraph 4. Payment shall be due on or before the thirty (30) days following the receipt of the monthly report. 2 c) For and in consideration for services performed by the Humane Society in accordance with this agreement, the County shall compensate the Humane Society for animals boarded by the Humane Society pending legal action initiated by the County, one hundred and fifteen dollars ($115.00) for the first seven (7) days and ten and 00/100 dollars ($10.00) per day thereafter. d) If during the term of this agreement, there becomes an unexpected increase in operating expense of such magnitude as to cause a material and adverse financial burden upon the Humane Society, the Humane Society shall provide proof of such increase to the County Administrator, and upon mutual agreement by both parties the price per animal may be adjusted accordingly, and, if a mutual agreement can not be reached within 60 days from the date first proposed to the County Administrator, the Humane Society shall have the right to exercise its option to terminate this agreement as provided under this Agreement, without penalty. 7. The Humane Society gives the County the right, until the expiration of three years after expenditure of funds under this Agreement, to audit the use of the monies paid hereunder. Upon ten (10) days written notice, the County at its sole expense shall have access to and the right to examine relevant books, documents, papers, and records of the Humane Society involving transactions related to the monies paid hereunder. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 8. The Humane Society agrees to fully indemnify and hold harmless the County, its representatives, employees, elected and appointed officials from and against claims, demands, legal fees, costs of action, losses, damages or other expenses occasioned by any negligent act, conduct, error or omission by the Humane Society, its agents and employees in the performance of the Agreement. The parties acknowledge and agree that the compensation paid to the Humane Society hereunder includes consideration for such indemnification. 9. The Humane Society agrees to comply with all local, state and federal laws, rules and regulations. 10. Under the second term of this contract, the County agrees to provide a 3 % increase from the first year per animal fee of $115.00, increasing the per animal fee to $118.00. 3 11. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other. 12. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or maided by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 As To Humane Society: Humane Society of St. Lucie County, Inc. P.O. Box 3661 Fort Pierce, Florida 34948 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. 13. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modifications, the Humane Society agrees to use said forms. The Humane Society shall not delegate, sublet or subcontract any part of the work under this contract without first obtaining written consent of the County. 14. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties. 15. The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 16. The Humane Society represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Humane Society further represents that no person having any interest shall be employed for said performance. The Humane Society shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective a business association, interest or other circumstances which may influence or appear to influence the Humane Society's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Humane Society may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by Humane Society. The County agrees to notify the Humane Society of its opinion by certified mail within thirty (30) days, of receipt of notification by the Humane Society. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Humane Society, the County shall so state in the notification and Humane Society shall, at his/her option, enter into said associations, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Humane Society under the terms of this Agreement. 17. In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. 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 result of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 18. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District for any claims, which are justifiable in federal court. 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 5 BY: DEPUTY CLERK CHAIRMAN ATTEST: SECRETARY AS TO FORM AND COUNTY HUMANE SOCIETY OF ST. LUCIE COUNTY, INC: BR BOARD PRESIDENT (SEAL) 6 AGENDA REQUEST C6UNTY F:L a R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. C 26 DATE: September 26, 2006 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Mark Godwin Daniel S. McIntyre SUBJECT: Funding request for Mental Health/Substance Abuse residential service provided by New Horizons of the Treasure Coast. Funds to support housing costs and mental health/substance abuse services for 40 persons involved with the criminal justice system. The objective of the housing would be to provide alternatives to incarceration and to shorten the time for incarceration of persons who meet criteria. BACKGROUND: See attached memorandum FUNDS AVAILABLE: $481,800.00 (budgeted under Criminal Justice Programs) PREVIOUS ACTION: On June 6, 2006, Board approved funding 40 Mental Health Beds from June 15in 2006 thru September 30, 2006. RECOMMENDATION: Staff recommends the Board deem New Horizons as a sole source provider and enter into a contract with New Horizons for the provision of at least 40 beds for mental health/substance abuse and co-occuring disorders for both male and females at a cost of $33.00 per bed. The payments would be based upon occupancy of beds effective October 1, 2006 thru September 30, 2007. The cost for incarcerating a mentally ill inmate in the County jail is approximately $75.00 per day. The form of the contract must be reviewed and approved by the County Attorney. COMMISSION ACTION: j(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Caunr-ry F! O R 1 D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 06-1525 DATE: September 18, 2006 SUBJECT: Funding Request Regarding Substance Abuse/Mental Health Residential Services BACKGROUND: During the May 12th Criminal Justice Workshop, Mr. Bob Quam, CEO of New Horizons, Inc., made a presentation on persons involved with the criminal justice system that were suffering from mental and/or substance abuse disorders. The purpose of his presentation was to provide the Board and community with an understanding of the critical need for adequate and accessible resources. The County Jail has become inundated with the mentally ill and substance abusers. Mr. Quam also stated that at lest 20% of the inmates in the jail are considered to be mentally ill with most being prescribed psychotropic medications. Approximately 75% of the inmate population has a substance abuse disorder. The penetration rate into the county jail is at least 64% greater for those with a mental or substance abuse disorder. New Horizons would utilize "The Horizon House Facility" and the "Safe Harbor Facility" for bed usage. Individuals would receive therapeutic treatment, medication and recovery support services. Recommendation / Conclusion: Staff recommends the Board enter into a contract with New Horizons for the provision of at least 40 beds for mental health/substance abuse and co-occurring disorders for both male and females at a cost of $33.00 per bed or a total of $481,000.00 thru September 30, 2007. These funds have been budgeted for FY 2006/2007. r AGENDA REQUEST FFNT L Q R E D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attorney ITEM NO. C-2C DATE: September 26, 2006 REGULAR[] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Mark Godwin SUBJECT: Funding request for a Forensic Case Manager for Mental Health Court. The newly established Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. As of today's date, September 19th, 2006, 75 cases are in the Mental Health Court. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. BACKGROUND: A Case Manager is a key position in diverting the mentally ill from the County Jail into community resources via the Mental Health Court. This position helps defendants with mental health evaluations, doctor appointments, along with continual contact with this.specialized group of defendants. This position also helps the mentally ill defendants solve their day-to-day issues. According to New Horizons, at lest 20% of the inmates in the jail are considered to be mentally ill with most being prescribed psychotropic medications. Approximately 75% of the inmate population has a substance abuse disorder. The penetration rate into the county jail is at least 64% greater for those with a mental or substance abuse disorder. FUNDS AVAIL.: $65,000.00 (Budgeted - Criminal Justice Programs) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Forensic Case Manager position that works in the Mental Health Court. This contract term be from 10/1/06 thru 9/30/07, and the form of the contract is subject to the review and approval of the County Attorney. COMMISSION ACTION: CONCURRENCE: 1Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 4 J Douglas M. Anderson County Administrator )ordi ion/S n tures County Attorney:_X Management & Budget_X Purchasing: Originating Department: Other: only, if applicableX Other: Finance: Check for copy AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: ITEM NO. C 2 D DATE: September 26 , 2005 REGULAR[] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Mark Godwin Daniel S. McIntyre Resolution No. 06-294 - Amending Resolution No. 01-194 which created the Court System Advisory Board and Provided for Duties and Functions of the Board - by including a representative appointed by the city of Ft. Pierce and a representative appointed by the City of Port St. Lucie, Florida BACKGROUND: See attached memorandum. FUNDS AVAILABLE: None Needed PREVIOUS ACTION: August 28, 2001 RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 06-294 as drafted. COMMISSION ACTION: [xj APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: - _4 1. le.'_ x Dougl And r Count Admin' rotor Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. I Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 06-1531 DATE: September 20, 2006 SUBJECT: Resolution No. 06-294 - Amending Resolution No. 01-194 (which created the Court System Advisory Board and provided for Duties and Functions of the Board) by Including a Representative appointed by the City of Ft. Pierce and a Representative appointed by the City of Port St. Lucie, Florida BACKGROUND: On August 28, 2001, the Board of County Commissioners of St. Lucie County, Florida, adopted Resolution No. 01-194 which created the Court System Advisory Board and provided for Duties and Functions of the Board. On July 27, 2006, the members of the Public Safety Coordinating Council voted unanimously to reactivate the St. Lucie County Court Advisory Board, and to include a representative of the City of Ft. Pierce and a representative of the City of Port St. Lucie to its membership. The attached Resolution No. 06-294 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 06-294 as drafted. Respectfully spitted, Daniel S. McAn yre County Atto n y DSM/MG/cac Attachment RESOLUTION NO. 06-294 A RESOLUTION AMENDING RESOLUTION NO. 01-194 (WHICH CREATED THE COURT SYSTEM ADVISORY BOARD AND PROVIDED FOR DUTIES AND FUNCTIONS OF THE BOARD) BY INCLUDING A REPRESENTATIVE APPOINTED BY THE CITY OF FT. PIERCE AND A REPRESENTATIVE APPOINTED BY THE CITY OF PORT ST. LUCIE, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 28, 2001, the Board of County Commissioners of St. Lucie County, Florida, adopted Resolution No. 01-194 which created the Court System Advisory Board and provided for Duties and Functions of the Board. 2. On July 27, 2006, the members of the Public Safety Coordinating Council voted unanimously to reactivate the St. Lucie County Court Advisory Board, and to include a representative of the City of Ft. Pierce and a representative of the City of Port St. Lucie to its membership. 3. This Board believes that membership in the St. Lucie County Court Advisory Board should consist of one (1) representative appointed by the City of Ft. Pierce and one (1) representative appointed by the City of Port St. Lucie; bringing the total membership to fifteen (15) members. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Struck thro passages are deleted. Underlined passages are added. Page -1- 1. Resolution No. 01-194 is hereby amended by amending Paragraph 3 to read as follows: follows: 3. The Court System Advisory Board shall consist of fifteen (15) members who shall be appointed as a. Chairman of the Board of County Commissioners b. Chief County Court Judge C. Sheriff d. Chief Correctional Officer e. State Attorney f. Public Defender g. State Probation Program Administrator h. Substance Abuse Treatment Program Representative I. Clerk of Court j. Court Administrator k. One Representative designated by the St. Lucie County Bar Association 1. One Representative designated by the Port St. Lucie Bar Association M. One Representative designated by the Citizen's Budget Committee n. One Representative designated by the City of Ft. Pierce o. One Representative designated by the City of Port St. Lucie 2. Except as amended herein all other aspects of Resolution No. 01-194 shall remain in full force and effect. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice Chairman Chris Craft XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX r Stnick thron-b+ passages are deleted. Underlined passages are added. Page -2- Commissioner Joseph E. Smith XX PASSED AND DULY ADOPTED this 26" day of September, 2006. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Struck ffiro passages are deleted. Underlined passages are added. Page -3- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. CA e' DATE: September 26, 2006 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 06-049 - Dori Slosberg Driver Education Safety Act BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 06-049. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou�a And s n Coun Admini r or Review and Approvals County Attorney: Management & Budget Purchasing: _ Originating Dept. Public Works Dir: County Eng.:. Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-1540 DATE: September 21, 2006 SUBJECT: Ordinance N. 06-049 - Dori Slosberg Driver Education Safety Act BACKGROUND. Attached is a copy of draft Ordinance no. 06-049 which, if adopted, would require the Clerk to collect $5.00 instead of $3.00 for each civil traffic penalty levied in St. Lucie County. Monies would continue to be used for drivers education safety. The increase is allowed by virtue of Section 49 of Chapter 2006-290, Laws of Florida, which was adopted by the 206 Legislature. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 06-049. ully submitted Daniel S. McIn County Attorni DSM/caf Attachment ORDINANCE NO. 06-049 AN ORDINANCE AMENDING ARTICLE III (DRIVER EDUCATION SAFETY TRUST FUND) OF CHAPTER 1-7 (COURTS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-7-30 "AUTHORITY FOR ENACTMENT OF ARTICLE" TO DELETE THE REFERENCE TO CHAPTER 2002-20, LAWS OF FLORIDA; AMENDING SECTION 1-7-32 "CREATION OF FUND AND ACCOUNTING' TO PROVIDE FOR THE CLERK TO COLLECT $5.00 WITH EACH CIVIL TRAFFIC PENALTY LEVIED IN ST. LUCIE COUNTY TO BE DEPOSITED IN THE TRUST FUND; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 49 of Chapter 2006-290, Laws of Florida, known as the "Dori Slosberg Driver Education Safety Act", authorizes this Board to enact an ordinance requiring the clerk of the court to collect $5.00 with each civil traffic penalty to be used to fund traffic education programs in public and non-public schools. 2. Implementation of the Dori Slosberg Driver Education Safety Act is in the best interest of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CREATION OF ARTICLE III (DRIVER EDUCATION SAFETY TRUST FUND) OF CHAPTER 1-7 (COURTS) Article III (Driver Education Safety Trust Fund) of Chapter 1-7 (Courts) of the Code of Ordinances of St. Lucie County, Florida, is hereby created to read as follows: ARTICLE III. DRIVER EDUCATION SAFETY TRUST FUND Underlined passages are added. Struek tHrou passages are deleted. Sec. 1-7-30. Authority for enactment of article. This article is enacted pursuant to the authority vested in the board of county commissioners by virtue of the "Dori Slosberg Driver Education Safety Act". Sec. 1-7-32. Creation of Fund and accounting. (a) Pursuant to the Dori Slosberg Driver Education Safety Act, error after October !, , the clerk shall collect am additiemct4 $3 5.00 with each civil traffic penalty levied in St. Lucie County. (b) The clerk will keep a record of collections collected by the clerk. The clerk shall forward all monies collected to the board of county commissioners for deposit into a special and separate account titled "Drivers Education Safety Trust Fund." Once each quarter, the board of county commissioners shall require a full report from the clerk as to the amount of funds collected and deposited into the Driver Education Safety Trust Fund, and amount of expenditures from the Driver Education Safety Trust Fund. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Underlined passages are added. 2 Struelt passages are deleted. PART E. EFFECTIVE DATE. This ordinance shall take effect on November 1, 2006. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of October, 2006. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: Underlined passages are added. County Attorney 3 Struck tHreuglr passages are deleted. AGENDA REQUEST ITEM NO. _C3A DATE: 09/26/2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Library SUBJECT: State Aid to Libraries Grant PRESENTED BY: Susan Kilmer BACKGROUND: St. Lucie County has received funding through the Department of State/Division of Library and Information Services since 1978 for operating funds for public library services. These funds are based on dollars spent for the library's operating expenses in FY04/05. The money for this grant has been projected in the library's 105-7115 budget for FY06/07. Estimated revenues from the grant — $191,826. FUNDS AVAILABLE: 105-7115 Library Special Account — State Aid to Libraries PREVIOUS ACTION: The Board of County Commissioners have approved this grant application for the past 28 years. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Chairman of the Board to sign two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approve the library's FY2006/07 annual plan of service. Do not date the application — the date will be added once the original application is signed in Tallahassee. CON MSSION ACTION: CONCURRENCE: [XI APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Doupdnier County t Coordination/Signatures xCounty Attorney x Management & Budget: Purchasing: x0riginating Dept: � Public Works: Other: Finance: (Check for Copy only, if applicable) d t.I 1 s COUNTY F L O R i D A MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Board of County Commissioners FROM: Susan Kilmer, Library Director *"-/L LX4/YLW DATE: September 18, 2006 SUBJECT: State Aid to Libraries Grant Application — FY06/07 St. Lucie County has been a recipient of State Aid to Library grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all county owned public libraries and numerous municipal libraries throughout the state. The funds are only allowed to be used for operating expenses within the library. The monies received are based on the total dollars spent locally during the fiscal year beginning October 1, 2004 and ending September 30, 2005 (second previous fiscal year) for the operation and maintenance of the library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries grant program. The estimated funds for fiscal year 2006/2007 are $191,826. These funds have been projected in the Library's State Aid budget (105-7115) and have been through the budget review process. These funds continue to be used for funding for the St. Lucie West Cooperative Library; books, subscriptions, audiovisual materials and other operating supplies for the library department. Staff recommends that the Chairman of the Board of County Commissioners be authorized to sign two (2) copies of the grant application at the time of Board approval. Staff also requests that the documents not be dated, this will be done once the original application has been reviewed and approved by staff at the State Library of Florida. Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) St. Lucie County Board of County Commissioners (Name of library governing body) Governing body for St. Lucie CountyLibrary (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. Page 1 of 5 In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 2 15.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the grantee expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at www.fsaa.state.fl.us. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Grantee directly to each of the following: A. Th e Department of State at the following addresses: Department of State Grants Office Division of Library and Information Services R. A. Gray Building, 2nd Floor 500 South Bronough Street Tallahassee, FL 32399-0250 B. Th e Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by Page 2 of 5 the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities Page 3 of 5 performed under this agreement and shall investigate all claims at its own expense. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. Page 4 of 5 n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE Chair of Governing Body or Chief Executive Officer Typed Name Typed Name Date Clerk or Chief Financial Officer Witness Typed Name and Title of Official Date Date THE DIVISION Florida Department of State Division of Library and Information Services Date Page 5 of 5 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) Governing body for St. Lucie County Board of County Commissioners (Name of library governing body) St. Lucie County Library (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. Page 1 of 5 In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 2 15.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the grantee expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at www.fsaa.state.fl. us. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Grantee directly to each of the following: A. Th e Department of State at the following addresses: Department of State Grants Office Division of Library and Information Services R. A. Gray Building, 2nd Floor 500 South Bronough Street Tallahassee, FL 32399-0250 B. Th e Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. It. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by Page 2 of 5 the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities Page 3 of 5 performed under this agreement and shall investigate all claims at its own expense. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. Page 4 of 5 n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE Chair of Governing Body or Chief Executive Officer Typed Name Typed Name Date Clerk or Chief Financial Officer Witness Typed Name and Title of Official Date Date THE DIVISION Florida Department of State Division of Library and Information Services Date Page 5 of 5 ST. LUCIE COUNTY LIBRARY SYSTEM ANNUAL PLAN OF SERVICE FY06/07 MISSION St. Lucie County Library System will provide free, convenient, and equal access to information; create environments to foster life-long learning, personal enrichment, and a literate society; and, strengthen information partnerships through resource sharing by providing a full range of information resources and quality services and promoting these services, programs, and materials to the community. FUNCTION St. Lucie County Library serves the community with five (5) facilities, one (1) Bookmobile; a cooperative library site with Indian River Community College and Florida Atlantic University in St. Lucie West; nursing home rotating collections; and a Books - by -mail service for homebound citizens. The Library provides 67 hours of service per week, with each facility open three (3) nights per week, every Saturday and two facilities open on Sunday afternoon. The library provides timely, accurate and useful information for community residents in their pursuit of job - related and personal interests. The library provides on -site, telephone and online reference services and resources to aid users in locating needed information and resource tools. The Library promotes and encourages the use of its collection and electronic resources through programs, bibliographies, reader's advisory services, ready reference and the Library's website. GOALS & OBJECTIVES Residents of St. Lucie County will have access to high -interest and popular reading materials at all public libraries. - Increase per capita circulation from 2.76 items to 3.0 items by 09/30/07. - Continue offering Sunday hours at Ft. Pierce Branch Library and Morningside Branch Library. - Provide self -check out unit for speed of service at Ft. Pierce Branch Library with additional unit ordered for Morningside Branch in FY07/08. Residents of St. Lucie County will receive accurate and up-to- date reference/information service at all public libraries. - Increase reference transactions from 1.00 per capita to 1.15 per capita by 09/30/07. Calculate use of internet access as they relate to reference queries. Children and students of all levels in St. Lucie County will receive assistance in meeting their educational needs at all public libraries. - Establish output measures to determine success ratio of clients being served by Youth Services staff by 09/30/07. - Recreate position of Youth Services Librarian to help in coordinating programs amongst the Children's Services staff and to promote youth programming efforts throughout the community. October 1, 2007 Work with outside agencies to develop family literacy programs and parenting classes. Encourage Children's Services staff to plan and conduct more programs for day care centers, summer camps and the like to meet the goals established through the Florida Library Youth Program sponsored through the Department of State/Division of Library and Information Services. St. Lucie County Library will provide access to current information on community organizations, issues and services. Update current file of organizations with accurate information of presidents, mailing addresses and terms of office (ongoing). - Provide links from the Library's website to outside agencies and organizations (ongoing) - Promote library and Friends of the Library programs via Friends of the Library home page and County's SLCTV Channel 21, local newspaper, Luminaries, Your Hub.com St. Lucie County Library will provide the residents of St. Lucie County with effective computer access to quality productivity software and the manifold resources of the Internet. - Upgrade and enhance the Library's network infrastructure as needed to maintain acceptable line speed for effective online access to the Internet, including subscription databases, the World Wide Web and the Library's online catalog. Maintain St. Lucie County Information Technology's current standards for hardware and software for all public access computers. - Reduce the high cost of network telecommunications through yearly application for the substantial discounts offered by the FCC's Universal Service Fund E-rate program. - Provide computer training classes for the public at each Library facility. Provide instruction for the public in use of the Library's subscription databases and other electronic resources at each Library facility. Provide wi-fi access at each branch location. St. Lucie County Library will increase public awareness of programs and services available to all residents at all public libraries. Increase visibility of services by promoting through local cable television programs, radio talk -shows, library newsletter, library website, local newspapers and attendance at local business meetings. Continue weekly column with contributors from all supervisory staff. (ongoing) Distribute library hand-outs at the County fair, career days, book sales, local clubs/organizations, etc. in English and Spanish. Promote Friends of the Library's Florida author/artists program at all library sites through local cable television programs, radio talk -shows, library newsletter, library website, local newspapers, and attendance at local business meetings. (ongoing) - Pursue joint sponsorship of Author programs with local area Bookstores, newspapers and/or radio stations. Participation with Main Street Fort Pierce; West Fest of Port St. Lucie; Chamber of Commerce, etc., at their various festivals held in the county. St. Lucie County Library will provide interlibrary cooperation with public, private and academic libraries and new science centers throughout the Treasure Coast to better serve the residents of St. Lucie County. Continue to provide funding for library cooperative at St. Lucie West Library with Indian River Community College through State Aid and General Fund. (ongoing) Send letter of continued interest in reciprocal borrowing privileges with Martin County Library System by 01/02/07. - Reestablish meeting with Indian River County Library System to discuss reciprocal borrowing privileges as discussed at a joint Board of County Commission meeting in January 2005. Send copies of library's periodical holdings to US Horticulture Research Lab, Smithsonian Lab, IRCC, and St. Lucie County Extension Services Department. The Library Administrative unit will develop a five year library capital improvement plan and five year operating budget. Library Advisory Board and Library Director will continue to work on a five year capital improvement plan at their bi- monthly Board meetings, making changes as need warrants. Library Advisory Board and Library will work closely with Board of County Commissioners, the St. Lucie County School District and local developers to select appropriate sites for new libraries throughout the County. - Library Director will work with all library supervisory staff to develop a five year operating budget complete with list of new personnel and their equipment needs. The Library Administrative unit will develop a five year long range plan to meet the requirements of State Aid to Libraries grant. - Planning Session held on 09/16/2006 with follow-up meeting on 11/02/2006; committee to convene in January 2007 with draft to Library Advisory Board by April/May 2007 and to St. Lucie County BOCC by June/July 2007. - Library Director will submit a long range plan for 2007-2012 to the Division of Library and Information Services by 9/30/07. The Library Administrative unit will work on grants to further funding capabilities for St. Lucie County Library System. Library Director will work on LSTA funding request for literacy grants and storytelling programs. Library Director will work with Cultural Affairs Director to develop joint programs which will enhance the educational, cultural and recreational needs of the community. The Library Administrative unit will work on all phases of construction for the new Windmill Point Branch Library with an anticipated opening in the Spring of 2007. draft to Library Advisory Board by April/May 2007 and to St. Lucie County BOCC by June/July 2007. - Library Director will submit a long range plan for 2007-2012 to the Division of Library and Information Services by 9/30/07. The Library Administrative unit will work on grants to further funding capabilities for St. Lucie County Library System. - Library Director will work on LSTA funding request for literacy grants and storytelling programs. - Library Director will work with Cultural Affairs Director to develop joint programs which will enhance the educational, cultural and recreational needs of the community. The Library Administrative unit will work on all phases of construction for the new Windmill Point Branch Library with an anticipated opening in the Spring of 2008. AGENDA REQUEST ITEM NO. _C3B DATE: 09/26/2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ) TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Library PRESENTED BY: Susan Kilmer SUBJECT: Long Range Plan for Library Services — one year extension 2006-2007 BACKGROUND: The Board of County Commissioners reviewed and approved the Library's five (5) year Long Range Plan for Services in November 2001 as part of the requirement for State Aid to Libraries funding. The Board approved a one year extension on September 6 2005. That State Library has allowed for an additional one year extension due to scheduling conflicts for a long range community planning meeting. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Board of County Commissioners approved the one year extension on Septembr 6, 2005. The Library Advisory Board met on August 21, 2006, reviewed the current plan and made recommendations for minor revisions to fulfill the one year extension of the current plan. RECOMMENDATION: Staff recommends that the Board of County approves the one year extension (2006-07) of the Library's Long Range Plan as required under Chapter 257.17 to comply with the requirements of the State Aid to Libraries grant program. CONMSSION ACTION: CONCURRENCE: [) APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Coordination/Sianatures County Attorney: Management & Budget: xOriginating Dept: 36K Public Works: Finance: (Check for Copy only, if applicable) Purchasing: _ Other: MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Board of County Commissioners FROM: Susan Kilmer, Library DirectorA"-a- - 4� DATE: September 18, 2006 SUBJECT: Long Range Plan for Library Services — one year extension The Library is required under Chapter 257.17 to file a long range plan with the Department of State/State Library of Florida/Bureau of Library Development every three — five years to comply with the requirements of the State Aid to Libraries grant program. The last set of documents submitted to the State was the Library's Long Range Plan one year extension for 2005-06. The State Library again granted permission to St. Lucie County to submit a one year extension to the current plan due to the circumstances surrounding the coordination of a community long range planning meeting with State Library Staff. A planning session was held on Saturday, September 16, 2006 with the follow-up meeting scheduled for November 2, 2006. The Library Advisory Board approved the revised one year extension long range plan at their August 21, 2006 Board meeting. Library supervisory staff also had input on the plan with many of their suggestions being implemented in the final draft. The Library Long Range Plan extension covers the Library for October 1, 2006 to September 30, 2007. The new five year plan 2007-2012 planning process just began with the goal of having a draft to the Board of County Commissioners in June 2007. INTRODUCTION Long Range Plan for Library Services October 2006 - September 2007 One year extension St. Lucie County is governed by a five (5) member Board of County Commissioners, within the County there are three (3) municipalities: City of Fort Pierce, City of Port St. Lucie and St. Lucie Village. St. Lucie County covers 626 square miles with 583.5 being land miles and 42.5 being water miles. The population in 2006 is over 240,000 with a projection of 246,991 by the year 2010. The population group ages 45-64 is estimated to show the largest increase in growth (24%) over the next five years; ages 15-24 is estimated to increase by 15 %; and ages 65+ is estimated to increase by 6 % with ages 0-14 and 25-44 to show a slight decrease in population. St. Lucie County is rapidly becoming a scientific research center with the Smithsonian Marine Center, US Horticulture Researach Laboratory, Harbor Branch Oceanographic Institution, University of Florida Agriculture Lab and OxBow Environmental Center all opening within the last 10 years. A new research park is planned within the county which will incorporate other research facilities, for example FAU will be holding classes at Harbor Branch Oceanographic Institution. Torrey Pines medical research company from LaJolla, California has selected Port St. Lucie to move its medical research center in the coming years. The St. Lucie County Library System began as an Association Library operating under a corporate charter, funded primarily through donations, gifts and bequests. The Library became a department of County government in October 1977 with all funding provided by the County. The County Commission authorized the establishment of a Library Advisory Board at the same time as the library was taken over by the County. The Friends of the St. Lucie County Library, Inc., were formed in 1978 and have been a major financial supporter of the Library System largely due to bequests left to the organization. St. Lucie County Library serves the community with five (5) facilities, one (1) Bookmobile; a cooperative library site with Indian River Community College and Florida Atlantic University in St. Lucie West; nursing home rotating collections; and a Books -by -mail service for homebound citizens. The Library provides 76 hours of service per week, with each facility open three (3) nights per week, every Saturday and two (2) facilities open Sunday afternoon. St. Lucie County Library System has an informal reciprocal borrowing agreement with Martin County Library System. St. Lucie County begun discussions with Indian River County Library System to offer reciprocal borrowing privileges in 2006; more discussion is needed with the anticipated growth in the north County area. St. Lucie County was hit by two hurricanes in September 2004 - the library system sustained damage to three buildings. The Zora Neale Hurston Branch was closed from September 2004 - April 27, 2005 due to extensive damage done to the interior of the building. The Fort Pierce Branch experienced roof damage and leakage around the windows on the 2nd floor. Water intrusion on the first floor due to the storm surge during both Hurricane Frances and Jeanne required the removal of the carpet. This site was closed for approximately eight weeks from the time Hurricane Frances hit and the repairs completed after Hurricane Jeanne. The library was closed an additional week in May for the recarpeting of the first floor. Lakewood Park Branch had the roof lift up and then fall back down which created the need for the replacement of the roof. The Bookmobile service was limited due to the extensive damage sustained on north and south Hutchinson Island; services were restored in October 2006. This plan is a one year extension to the existing plan (2005-2006) with staff starting the process to update the long range plan for 2007 through 2012. St. Lucie County Library System Vision Statement St. Lucie County residents of all ages will enjoy an enhanced quality of life through opportunities to: * share the love of reading; * connect to and effectively use information technologies; and * participate in satisfying lifelong learning experiences actively provided by the people, places and services of the St. Lucie County Library System. Mission Statement The St. Lucie County Library System will: * provide free, convenient, and equal access to information; * create environments to foster lifelong learning, personal enrichment and a literate society; * provide electronic information via library's web site and computer workstations within the library and through partnership resource sharing; * provide knowledgeable staff who gives courteous, accurate and timely information and reader's advisory service to meet the school, work and personal information needs of all St. Lucie County residents. Service Responses The St. Lucie County Library will offer these services to the public in order to meet community needs: Lifelong Learning: The public library is a center for reading and learning for residents of all ages. Information Literacy: The public library serves as an important resource for technology and access to this technology. General Information: The public library is able to meet the needs for information and answers to questions on a broad array of topics related to work, school and personal life. Current Titles and Topics: Books and reading are an essential service of the public library. LIFELONG LEARNING Goal 1 Residents of St. Lucie County will have access to high -interest and popular reading materials at all public libraries. * Increase per capita circulation from 2.76 items to 3.0 * Provide displays at each location to draw public's attention to new titles added to the collection. Goal Residents of St. Lucie County will be more aware of library programs and services. * Increase visibility of services by promoting through local cable television programs, radio talk -shows, library newsletter, and attendance at local business meetings * Update library hand-outs and program schedules to distribute at County Fair, career days, local festivals, school education fairs, etc. * Continue to participate in various festivals held within the County Goal 3 Children and families will increase their use and satisfaction in the materials and programs offered by the library. * The library will expand programming efforts through Outreach services to summer camps, day care centers, WIC, community centers, etc. * Establish output measures to determine success ratio of clients being served by Children' s Services staff INFORMATION LITERACY Goal Residents will have access to the Internet and other information technology resources. * Each library will maintain a number of public Internet workstations that will allow a half-hour time limit and minimal waiting time for access to a workstation * Maintain T1 internet link with security firewall with software to access World Wide Web browsing through WebCat * Offer wireless access for patrons with laptop computers Goal 2 Residents will have a variety of Internet/ technology training opportunities available to meet their school, work and personal information needs. * Computer classes will be taught on a weekly basis at all public libraries by trained library staff GENERAL INFORMATION Goal 1 Residents will have access to information resources in a variety of formats and services to answer questions related to their work, school and personal lives. * Residents will have access to collections through cooperative and reciprocal borrowing agreements as well as through the Statewide DLLI delivery service Maintain various links to community organizations and state agencies via library' s website Goal 2 Children and students of all levels in St. Lucie County will receive assistance in meeting their educational needs at all public libraries. * Expand intergovernmental cooperation with School District's Learning Resources Department; participate in Celebrity Reading Days; participate with local Reading Council * Maintain training opportunities for Children' s Services staff to better serve students in St. Lucie County by using local experts in the field of children's literature and children's programming. Goal Residents will receive courteous, accurate and timely information service. * Professional librarian will be available to residents at each library * Library staff will participate in training classes offered through County' s Human Resources Department on Customer Service; Time Management; Diversity and Teamwork * Performance evaluations will be based on established goals and satisfaction level to be performed by each employee CURRENT TOPICS AND TITLES Goal 1 Residents will have adequate copies of the materials they want in a variety of formats. * The library will use circulation statistics, user requests and reference queries to build and maintain its book, periodical, and media collections * The library will use adult and children, s programs to distribute surveys to build and maintain its book, periodical, and media collections Goal 2 Residents will have access to library materials within 8-10 miles of their homes. * The library will maintain use of Bookmobile for Island patrons * The library will expand Nursing Home rotating collections by investigating potential of placing rotating collections in Adult day care centers * The library will continue to offer books -by -mail program to homebound patrons * The library will work on a capital project list to provide library services to Western Port St. Lucie, northern St. Lucie County, Midway Road corridor; expansion of the Morningside and Hurston Branch Libraries; replacement of the Port St. Lucie Branch and possible Island storefront facility PLANNING SESSION A planning session was held May 2000 with representatives of the Friends of the St. Lucie County Library, Inc., St. Lucie County Library Advisory Board, Library Supervisory staff and other County employees. The session was conducted by State Library Consultant, Victoria Pendleton. The participants went through the SWAT process of looking at the community and library as it currently stands and then looking at where everyone would like to see the library move towards. A similar session was also conducted in 1995/96 with similar results. All comments and suggestions were recorded and put into a document for future reference. After the planning session the Library Advisory Board worked with the Library Director on a bi-monthly basis to get updated information on how the process was progressing. The Library Advisory Board focused many of their meetings on the capital needs of the library and helped in developing the Capital Improvement Element for the County' s Comprehensive Plan. Similar discussions took place during Library Professional and Management Team meetings. The Capital Improvement Element of the County' s Comprehensive Plan includes the following proposed projects over the next ten years: Western Port St. Lucie Branch Library - to meet the needs of a request made by the Port St. Lucie City Council during impact fees negotiations-15,000 sq.ft. Central or Headquarters Library - property currently exists on South 25th between RiversEdge Elementary School and Southern Oaks Middle School for a library with approximately 40,000 sq.ft. Expansion of Morningside Branch Library - current square footage 20,000 sq. ft. (with 6500 sq.ft. serving as a technology lab) - eventual build out of complex would be 35,000 sq.ft. - building opened January 1993. Expansion of Zora Neale Hurston Branch Library - current square footage 5,200 sq.ft. - eventual build out of facility would be 10,000 sq.ft. - building opened December 1991. Plan to build a 10,000 sq.ft. expansion, with two floors, to the current building. Expansion of Port St. Lucie Branch - current square footage 4,800 sq.ft. - undetermined expansion possibilities due to parking limitations - building opened in 1970 with an expansion in 1980 and renovations in 2001. Recent staff discussion led to some consideration of meeting with the Recreation Department to see if they would consider moving the shuffle board courts to Sportsman Park. This would allow addition acreage to build a three story library by demolishing the existing building. Use the first level for parking and then 2nd & 3rd floor for a new library - at least 15,000 square feet. South Hutchinson Island Branch Library/storefront facility - with the Jensen Beach Branch Library of the Martin County Library System moving to the center part of the city the residents of the Island have voiced a concern over the lack of service available to them - the various mobile home parks/condominiums do receive Bookmobile service but that is only twice a month with stops lasting 30 to 45 minutes. No specific time frame was assigned to this list of projects. The Library currently has 63,000 square feet of facility space or .33 sq.ft. per capita of facility - with the State standard being .6 sq.ft. per capita the County should have 115,617 square feet of facility space - which means we are currently 52,617 sq.ft. below the State standard. TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants AGENDA REQUEST ITEM NO. 4 DATE: September 26, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Bill Hoeffner SUBJECT: Authorize the development of an interlocal agreement between the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County that, among other provisions, will specify that the design and management of those lands transferred from the City to the County through the Heathcote project shall be executed according to written plans approved by the City of Pierce, Heathcote Botanical Gardens, and St. Lucie County. BACKGROUND: The Heathcote Botanical Park expansion project is an effort to establish an 842-acre linear park that will extend 4.7 miles from central Fort Pierce to Midway Road. Funds of $4.19 million from Florida Communities Trust (FCT) and donation of acreage by the City of Fort Pierce will be utilized to acquire the lands currently owned by the City. These lands are located at the site of the City of Fort Pierce Public Works Compound. The attached map delineates lands that will be acquired from the City in the first phase of this expansion. The FCT grant to be used for the acquisition requires that the City vacate the properties prior to acquisition. The City has agreed to vacate the lands prior to January 2007 and has also agreed to confirm their willingness in a letter. However, the letter will also stipulate that their agreement to vacate is only being done with the understanding that an interlocal agreement will be developed that will specify that design and management of the properties to be transferred to the County as part of the Heathcote expansion project shall be executed according to written plans jointly approved by the City, County and Heathcote. Approval of this agenda item provides staff with the Board's approval to develop the interlocal agreement with the stipulation that the design and maintenance plans are to be executed only with the approval of all three parties. FUNDS AVAIL: N/A PREVIOUS ACTION: On 4/27/2004, the BOCC approved a grant in the amount of $27,000 for a conceptual plan for Heathcote Botanical Park which includes the project area. On that same date, the BOCC also approved the submittal of a grant application to Florida Communities Trust for funding of $4.19 million to initiate acquisition of properties involved in the Heathcote project and the acceptance of the grant if received. The grant has since been received. On 1 /24/2006, the BOCC approved an expenditure of $15,000 for appraisals of properties involved in this project. RECOMMENDATION: Staff recommends the Board authorize the development of an interlocal agreement between the City of Fort Pierce, Heathcote Botanical Gardens, and St. Lucie County that, among other provisions, will specify that the design and management of those lands transferred from the City to the County through the Heathcote project shall be executed according to written plans approved by the City of Pierce, Heathcote Botanical Gardens and St. Lucie County. Approved 5-0 COMMISSION ACTION: CONCURRENCE: [ �y APPROVED [ ] DENIED [ ] OTHER: 1,V County Attorney: N Originating Dept: Finance: (copies only): ,j--Dou4ra County Coordination/Signatures Mgt 6 Budget: Public Works: Other r .=I Imam Heathcote Project - Phase 1 Project Boundary 0 133 200 520 780 1,040 �.�....� Feer ,Cpntpmhpr 7MC AGENDA REQUEST ITEM NO. C-5 DATE: September 26, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): INFORMATION TECHNOLOGY SUBJECT: Request board approval for the purchase of a support and maintenance agreement with Novell for Groupwise and Server/Client Zenworks applications. BACKGROUND: Previously the Novell agreement was on a state contract but was dropped recently. Since we still have Novell applications we will need to receive updates and tech support from Novell. FUNDS AVAIL : Funds are available in Software Support account # 001-1955-534110-100 in the amount of $61,910.10. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissions approve the request to purchase and have the chairman sign the support agreement in the amount of $61,910.10. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ j DENIED [ j OTHER: Approved 5-0 t Dougl And i so Count dmi i tr for Review and Approvals Count Attorney: Y Management 8� Budget: Purchasing: Originating Dept: � , Other: Novell. MLA User Self -Audit Technical Data Form Customer: ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Audit Date: 19-Jul-06 Analyst: Steven Norman Contract Number: 147143 Audit ID: 315285 NetWare Usage Calculation 1. Number of Trees: i 2. Number of Servers:1 23 3. Number of Total User Objects found: 1282 4. Number of Users "Logged -In" within 60 days: 1005 Total User Count:l 1005 Licenses In Use OES 1005 GroupWise 1264 Zen for Desktops 1005 Technical Process Agreement By signing below, I certify that the information contained herin is true and accurate as required under contract. Signature Date Name (printed) Contracts & Negotiations MLA Base Contract, Components & Addenda Date: � I S/U Document Type(s): O SEA O Base Contract, version: -( GSA Enrollment O Membership Form, version: O GSA Sub Enrollment O Addendum/Amendment, type: O Other: Contract Manager: O AW O BK O DC O DK O LH CYtS O PB O PR O FIT O RW O XV Contract Administrator: Melanie A. O Carla T. O Daniel W. O Karlyn M. O Mike C. Parent Company: S WL� 2 vtlfi l� a (1 US O Canada O EMEA O Latin America O sia Pac Contract # Member Company: O US O Canada O EMEAf O Latin America O Asia Pac Contract # Notify: 11 Q lam(; SW l -t �) (list anyone that needs to be copied if a formal notification is being sent) Customer Information: Address:, _ G yt (A i n t G -c1�}- �i �C e- F L -3 y ! 2-- Contact: tC r- -IG(i Phone # -7"7Z - `f (X Z - ( &gi Email Address: a I '4I UCI ^cbD Fax # " 7-72— CM Checklist: O Customer meets $500k or $5k (gross) buy -in CCCustomer has previous MLA/CLA: If so, contract #: 7 1 L-+ % I `t3 Transfer Addendum? O Yes .R No Describe: Oaerm Date (start and end, wi yr): 1 10% 8 l .3 ! v Evergreen: E(Yes O No 0 Discount:-3 9 % O Non-standard contract changes? O Y N Approved by: O Revenue Recognition issues (extended warranty or payment terms, unique refund potential, solution sales, etc.)? O Y O N Approved by: Describe: Other Notes: Anna- (— vY\ S m� LQ 3 0 _7 Admin To Do: Novell Signatory: (�S /trSend Copy to Customer Novell Sign Date: / 3 / D (o Scan/Index/File Customer Signatory: _ (_/W File Only Customer Sign Date: g / Z t / 0 J� �— Novell Quote Novell, Quote Information Date: 31—Jul-2006 Quote ID: 8674 Subject: St Lucie County Board of County Commissioners Rene Contract: MLA Client Information PORT ST. LUCIE/FL BOARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVE FORT PIERCE, FL 34982 USA Products Marc Smith 1800 South Novell Place Provo, UT 84606 USA Phone:801-861-5848 Fax:801-861-6319 Email: msmithl@novell.com Diane Gorman Phone:7724621620 Fax: Email: GORMAND@STLUCIECO.GOV Item Prorated Item Description SKU Retail MLA Start Date End Date Mons Price Qty Extended Price Disc Price ZENworks Desktop Management l—Device/User I —Year 877-000204 17.00 38% 07/O1/06 06/30/07 12 10.54 1005 10,592.70 Maintenance GroupWise 7 including Mobile Server Powered by 877-001310 33.00 38% 07/01/06 06/30/07 12 20.46 1290 26,393.40 Intellisync 1—User 1—Year Maintenance Novell Open Enterprise Server 1—User 1—Year 877-000157 40.00 38% 07/0l/06 06/30/07 12 i 24.80 1005 24,924.00 Maintenance I Number ofltems:3 Total: USD 61,910.10 Sales Rep Comments This Quote is valid for 30 days from 31—Jul-2006. If a pricing discrepancy should arise, the pricing as published in the current Novell Product Price List and/or NPA will prevail. This quote does not include state and/or local sales tax, if any. The prices in this quote are suggested only. SEP-1-2006 12:39 FROM: TO:818018616319 P,1 Novell Quote Novell. Qaore lrrja►amrlan Date: 31-m-2006 Marc Smith Quote ID: 8674 1800 South Novell Place Provo. UT 94606 USA Subject: St Lucie County Sward of County Commissioners Rene Phone: 801-861-S848 Fax: 801-861-6319 Contract MLA Email: msr1111ttl a� novell.com I mew 1nJbrnMI" PORT ST. LUCIE/FL BOARD OF COUNTY COMMTSSIONERS 2300 VIRGINIA AVE FORT PIERCE, FL 34982 USA Pi»Qaa7 Dian Gorman i Phon: 7724621620 Fax: HttmP G0KMAND STLUCIECO,GOV Item Prorated Item Description SKU Retail Prix MLA Disc Start Date Eod Data Mons Price Qty Extended Prix ZENworks Desktop Management I-Device/User I -Yea Maintenance 877-000204 17.00 38Y. 07101/06 06/30/07 12 10.54 1005 10,592.70 GroupWise 7 including Mobile Server Powered by Intellisyric 1-User I -Year Maintenance 877-001310 33.00 394% 07)01/06 06/30107 12 20.46 1290 26,393.40 Novell Open Enterprise Server 1-User I -Year Maintenance 877-0001 S7 40,00 38% 07/01/06 06/30/07 12 24.30 1 1005 24,924.00 Namberoflrem.-I ToraC VSO 61,914L10 Safer Rep Co" MR S This Quote is valid for 30 days from 31-Jul-2006. If 4 pricing discrepancy should arise, the pricing as published in the cuttent Novell Product Prix Liu and/or NPA will prevail, Tbis quote does not include statc end/ur local sales tau, irony. The prices in this quote are suggested only. 1 SEP-1-2006 12:39 FROM: TO:618018616319 P.2 Novell. MLA User Self -Audit findings Sheet Customer: ST LUCIE COUNTY BOARD OF COUNTY COMAUSSIONERS Audit Date., 19•Jul-06 Analyst: Steven Norman Audit ID: 315285 Contract Number:147143 Licenses Product I version Owned Licenses Owrrd Licenses In Use Lke. to Ourtla 24 t 1005 1005 0 0 1290 1264 0 Zees for 0000mi 1005 1OOS 0 Maintenance Predact Units of "Mornutce sun o"a End Woo mn nw 1007 7/1/2M 6/30/21W 12 Wf 1210 7111M 61301=7 12 7" far $005 7/i/2006 6/20/2007 12 AuM See" The scope of this audt was limited to the Products band aboa as Noy pertain to Mr tnntracL Nam . 8y 5111"1 beta-, Cuseerner cwbn t that the reformation eontauted herein is true and aaarato, u roqutred under ewara futtmeer am to Cemptete and submit a Purchase order for lilt ab" required pudwars vdinM 10 business days of due rtgnamte. sob SEP-1-2006 12:39 FROM: TO:818018616319 P.3 Novell. MLA User Self -Audit Technical Data Form Customer: ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Audit Date:19-Jul-06 Analyst: Steven Norman Contract Number: 147143 AuGlt ID: 315285 NetWare Usage Calculation I. Numbero(Tr*":L 1 2. Number of Servers. 23 3. Number of Total User Objects found: 1 1282 4. Number of Users'Logged-ln" with -In 60 days:l Wes Total User Count: 1005 LIcenses In Use DES 100 Groupwise 1264 Len for Desktops 1005 Technical Preeesc Agreement By signing below, I certify that the information contained herin Is true and aaurate as required under contract. Sirpsture =110- SEP-1-2006 12:39 FROM: TO:818018616319 P.4 Novell. Confidential — Execution Document Retired License Rights Form This Form modifies the Master License Agreement, ("MLA'), all versions, contract #14T143, between St Lucie County Board of County Commissioners ("Customer") and Novell, Inc. ('Novell'). This Form Is effective on the date it is fully executed by authorized representatives of both parties. Definidans: Terms with the initial letter capitalized will have the same meaning as defined in the MLA, unless otherwise defined In this Form. Amendments. The MLA Is rnodifled as follows: A. Retired Uc nse Bights. Customer has informed Novell that it no longer uses the products specified In the table below (or has reduced its usage by the number of licenses specfied) and subsequently does not wish to continue paying Maintenance Fees on such retired licenses. Customer hereby acknowledges and certifies that from the Date of Retirement specified In the table below, the Software licenses detailed below have become Inactive and shall not be used unless and until Customer reactivates such licenses by peying the fees described In subsection C below Product, Vsrsl n. and LicensetyMa *mw* a,, Noce l—duantitY Dice of Ret;rement CsroUplMse T.0�U9er' _260 07/01/06 ten T tissue _ _ - - -- _ 07IG1105- �211 O7/01ro5 S. Maiptanrngfor Retired t_lcenses. From the Date of Retirement of the above licenses as specified above, Customer will no longer be obligated to pay Maintenance Fees associated with the above licenses. Subsequently, any Maintenance services and benefits are withdrawn on Software where license rights have been retired through this Form. Any prepaid Discounted Maintenance Fees will not be refunded or credited on retired license rights, nor does this Form relleve Customer from responstWhy for any Maintenance or license fees owing prior to this Form. The level of MLA Technical Services granted through Maintenance will not diminish for the duration of the current Annual Period. C. Future Growth, In the event Customer experiences future growth In its user count and/or the need and legal obligation to increase the number of licenses owned, it may 'reactivate' the retired licenses by paying an Upgrade license fee for each reactivated license at then -current prices (Novell list price less applicable MLA discount). 0. Continuance. Except as expressly amended by this Fonn, the MLA terms remain in effect unchanged. If any Inconsistency appears between the MLA and this Form, the Form provisions shall control. SIGNATURES Novell, Inc.: Slgnatu Name:, '6,01. C - Tltle •••• =6- St Lucie County Board of County Commissioners: Signature: Name: 'W"4 Title: Date: upon orseuson of this Ferns, ple"t send It by far and OW mat/ the etfalnalpt) to Novell af: Novel4 Me, Arras: RON Savkaa, 1100 Seuth NowU Prase, WirstoP PRV-"12, Prove, Lrr 84M. Pox N. 801•891.2554 19 zoos 1 . St Lucie County Board of County Canenbsior»ra July Void 1 , sd Rattled Ueense Righm Form SEP-1-2006 12:40 FROM: TO:818018616319 P.5 Novell. Confidential — Execution Document Retired License Rights Form This Form modifies the Master License Agreement. ('MLA'), all versions, contract #147143. between St Lucie County Board of County Commissioners CCustorrier•) and Novell, Inc. CNovell'). This Form is effective on the date it Is fully executed by authorized representatives of both parties. Dsflnktons: Terms with the initial letter capitalized Will have the some meaning as defined in the MLA, unless otherwise defined In this Form. Amendments. The MLA Is modified as follows: A. Retired License.RigbIL Customer has informed Novell that it no longer uses the products speeiAed In the table below (or has reduced its usage by the number of licenses specified) and subsequently does not wish to continue paying Maintenance Fees on such retired licenses. Customer hereby acknowledges and certifies that from the Date of Retirement specified In the table below, the Software licenses detailed below have become Inactive and shelf not be used unless and until Customer reactivates such licenses by paying the fees described In subsection C below, Product,' ion, and_L1cense,tyP!.%fr_• "�$.I. no). _ ._ fZYantltj/^ Date Of Rediemerii OES 1 Node _ W _..� 07/01/06 __. ..._ ZenOT User _... 1T1 07%01/08 S. Maintenance for Retired Licenses. From the Date of Retirement of the above Ocenses as specified above, Customer will no longer be obligated to pay Maintenance Fees associated with the above licenses. subsequently, any Maintenance services and benefis are withdrawn on 8oflwors where license rights have been retired through this Form. Any prepaid Discounted Maintenance Fees will not be refunded or credited on retired license rights, nor does this Form relleve Customer from responsibility for any Maintenance or license fees owing prior to this Form. The level of MLA Technical Services granted through Maintenance WIN not diminish for the duration of the current Annual Period. C. Future QMMM. In the event Customer experiences future growth in its user count and/or the need and legal obligation to increase the number of licenses owned, it may 'reactivate' the retired licenses by paying an Upgrade license fee for each reactivated license at then -current prices (Novell list price less applicable MLA discount). D. Continuance. Except as expressly amended by this Form, the MLA terms remain in effect unchanged. If any Inconsistency appears between the MLA and this Form, the Form provisions shall control. SIGNATURES Novell, Inc.: Sign Titte0� /-~ 0 w - J Cur S1+W rss Date: St Lucia County Board of County Cornmissloners: Signature: 5 Name: klic a a Title:�— Date: Upon sreeudon or this Fare, pimse send /t by Ater and Chan maN fM of insl(s) to NovaN of. Newf4 frta. Alto. Fk*d Swftes, 1fa0 South NOYNI PraC+ tihesh➢p PRKG212, Prow, Vr 848ae. Prr M: e01.481-2iN July 12. 200S • 1 • St Lush County Board of County Commbsionsrs Wid N mtidrled Rsend Lieense Rights Form SEP-1-2006 12:40 FROM: TO:818018616319 P.6 Customer License Count Purchase Reconciliation Updated: 7/18/2006 Current License Prior Annual Period Count Maintenance Count Product Name Purchase Base ending 6/30/2006 BorderManager Enterprise Edition 3.61- User 0 GroupWise 7.01-User License 1540 1540 Open Enterprise Server 1.0 User 1603 1603 ZENworks Desktop Management 7 1- Device/User 1276 1276 ZENworks for Desktops/Servers Bundle 4.0/3 1-User 0 0 Missing Maintenance Product Start Date End Date Quantity GroupWise 7.01-User License 7/1/2005 12/31/2005 250 Open Enterprise Server 1.0 User 7/1/2005 12/31/2005 250 ZENworks Desktop Management 7 1- 7/1/2005 12/31/2005 100 Device/User T0:818018616i1y H. r ENROLLMENT APPLICATION NOVELL MASTER LICENSE AGREEMENT GSA Schedule Purchases (specific to state and local government entities within the State of Florida) 1. Purpose Of Enrollment Application. Novell and GSA (Customer) have entered into the Master License Agreement (MLA), incorporated Into GSA Sollcitatfon FCI-96-OL00018, for the purpose of providing GSA Schedule Customers with a Customer license to use Novell products. The purpose of this Enrollment Application is ti extend the pricing and program of Novell's Master License Agreement to govemment organizations authorized by GSA and Congress to purchase from the GSA Schedule contracts. This Enrollment Application incorporates the terms and conditions of the MLA and the MLA addenda dated 9/12197, 9129/99 and 6/9/04. 2. Definitions. Terms with the Initial letter capitalized will have the same meaning as defined In the MLA, unless otherwise defined in this Enrollment Application. MLA Terns By signing below, the undersigned 'Customer Organization' hereby represents, warrants, and agrees as follows: A. Customer Organization has read the MLA between Novell and the Customer, understands Its terms and condibons, and agrees to be legally bound by the MLA. Customer Organization shall be directly responsible to Novell for the performance of its obligations under the MLA and shall be liable for any and all claims and remedies, whether at law or in equity, that may be available to Novell by reason of Customer Organization's breach of any such obligations. B. In the event Customer Organization breaches any of Its obligations herein, Novell may, without waiving or otherwise limiting any other remedies available to Novell under the MLA or under applicable law, terminate this Enrollmenl Application In accordance with the termination provisions of the GSA MLA. This Enrollment Application and all rights arising hereunder shall In any event terminate upon expiration or termination of the MLA. C. In the event of conflict between the'MLA terms and conditions and this Enrollment Application, the terms of the Enrollment Application shall prevail. 4. Volume Discount. Customer Organization's Volume Discount 1pr product Ilcenses and product Maintenance shall be 3 9' % off of the standard list prices In the then -current MLA Product Availability and Price List This discount will be valid for two years from the Customer signature date. Novell Consulting and Novell Premium Services are sold at the standard fist prices for the same two year term and applicable MLA Product Availability and Price List. 5. Exhibit A, License Terms. In using the MLA Software License, Customer Organization agrees that Its rights and obligations shall be set forth In the attached Exhibit A, "License Terms.' So that Novell may make available on the MLA Price List new Software products or Upgrades to current products, Customer's license grant for a product or Upgrade may differ from the attached license terms. If there is a conflict or inconsistency between the attached license grants and license grants made available to Customer with a product or Upgrade, the latter license grants will prevail; as to all other contractual provisions, the MLA terms will prevail. S. Records end Audits. The Customer Organization agrees to maintain records and conduct self -audits as required under MLA Section 8 and understands that. it may be subject to a formal audit by Novell under the terms and conditions of MLA Section 8. Within 15 days after the end of each Annual Period, Fulfillment Agent will prepare and deliver to the Customer an Account History showing MLA orders end/or payments made by Customer through Fulfillment Agent and any MLA Software copies or Installations made by Fulfillment Agent. In addition to the Customer's MLA Self Audit obligations, Fulfillment Agent agrees to submit to Customer the Account History, and Customer agrees to sign the Account History verifying whether or not Fulfillment Agenrs Account History accurately describes Customer's orders placed through the Fulfillment Agent. Fulfillment Agent will Submit the completed Account History and verification to Novell. 1, Orders/Futfillment Agent. Despite any language In the MLA to the contrary, Customer Organization may not order and receive MLA products from more than one shipping/biliing location. as identified in the Customer Organization Information 'Ship To Information' below, without first submltUng a GSA MLA Sub -enrollment Form for each shipping location. By Its Indication below, Customer Organization and Its sub -enrollees hereby specify the following GSA MLA reseller (MLA Fulfillment Agent) to fulfill MLA orders for the duration of the Enrollment Tern: e. Maintenance Period. For the purposes of determining the Maintenance coverage periods for Customer (and not for determining the termination date of the MLA), 'Annual Period' means the period comm incingon 7/ t l D and ending one year thereafter, on o o and each consecutive one-year period thereafter during the Enrollment term. If no Annual Period Is speclfled, the default Is the Florida State fiscal year of July 1 through June 30, if Customer's Annual Period extends past the date when the underlying MLA or Enrollment expires, the MLA shall continue as to Customer only until the Maintenance Period for which Customer has paid expires. All Maintenance fees shall be calculated based on the Annual Period. 9. Term. CustomerOrganization's term will coincide with the term set forth In the GSA MLA, and will automatically renew for additional two-year terms until either party gives written notice otherwise at least sixty days prior to the end of the then -current MLA term. 10. Authority. This Enrollment Application is executed by Customer Organlzatlon's duly authorized representative. Customer Organization Organization Name S L- Ce CIE C0 tit Cgf,/ Signed Name Tiue Date SEP-1-2006 12:41 FROM: TO:818018616319 P.8 ENROLLMENT APPLICATION CUSTOMER ORGANIZATION INFORMATION GSA SCHEDULE Customer Information (Required) invoice To Information (Required): Customer Name on MLA: U.S. GSA Organization Name: s7- L k C•;E Ga u^-rV -27 MLA Contract #: 7/ 3 Attention: L t4' Enrolling Organization Name: Address: ,2?OC W le'4-- 1 A ,5t Lvc, e�oun ,t ct�d a �' L'�v � � ISSie�v�25 F+�T F,e�� , r l- Enrolling Org. POC/Attention: ��T 1^ Country* �s /nD.. Address: m rL, Vi4Grn r aL /`'t/`� Phone No.: i-oe.- AQ,�cA-- a No.:�7 Phone No,: 77a- #(oa - 08 Fax No. 77a - 44 a - /4(q 3 -Accounts Payable Contact (Required)* a e: (�' ,� 5 kv Email: 1-%f��c.l`Dhi ///Y��S�L ue1GCo•Ga hone No..: i ? 1 Ship To Information (Required): �ocoiv�y Fax No.: 7 72 - 41, 1 L# Organization Name: s Luc 1 +E urchasing Agent Contact (Required): Attention:, N f CK NA <<� bAy Name: �i�'Sl el ` Address: a3oo V} RQ'V + 4 vx- >�e hone No.: %7d2- 46a - as-2 F-yR? P1E,�oc �L 3y98a, a ax No.: 77a•- ylg a- /70 !1 Country: ��.5'/9 ocal Novell Representative (Required): Phone No.: ? Y /17i 'ZAf Fax No.: �77a ji aL - I yy3 Name: ,^A, k p Phone No.,�,� Installation Location (Required): 'SAME AS &8Q UE Fax No.: Address: - Country: Phone No.: Fax No.: GSA IT Schedule Enrollment Application (1/28100) SEP-1-2006 12:42 FROM: TO:818018616319 P.9 Exhibit A -- License Terms Novell License Terms Use of Software purchased under the Novell Master License Agreement ("MLA") is subject to the following terms and restrictions together with all other MLA terms. License Definitions 1.1. Client Software means the software programs provided as part of the Software that operate on a single -user device, permitting that device to access the shared resources provided by Host Software. 1.2. Documentation means user documentation and manuals (including electronic versions, when available) provided by Novell which accompany a Software product. 1.3. Host Software means the software programs provided as part of the Software that are designed to operate on a single computing device, providing access to the shared resources attached to that computer. Host Software may contain technical limitations that limit use of the Host Software to a specified number of computers running Client Software. 1.4.Internal Use means Use by (a) Your ern ogees or Your internal business, and (b) Your consultants and contractors while performing work for You on Your premises. 1.5.NLM Software means Software delivered with Hosottware and capable of running on the Host Software. 1.6. Node means a network connection Identified -6y a unique network address; a printer, fax, mail server, or other device attached to the network is also a Node, unless otherwise stated in the license grant for a product. 1.7. Software means Novell software product(s) licensed to You under the MLA. 1.8._U date means a fix or compilation of fixes re ed by Novell during the term of the MIA to correct operational defects (program bugs) in the Software. 9. �U�gra�de means any new version of a Software product which bears the same product name, including version changes evidenced by a number change immediately to either the right or left of the decimal (for example, GroupWise 5.1 to 5.2 or GroupWise 4.0 to 5.0). If a question arises as to whether a product offering is an Upgrade or a new product, Novell's opinion willprevall, provided that Novell treats the product offering the same for its end users generally. .10. Use means loading the Software into the temporary memory of a computing device i.e., RAM, and running or executing it for tie purposes for which the Software GSA IT Schedule Enrollment Application (1128100) was designed. Unless the applicable license states otherwise, Use will be limited to a single computing device. 1.11. User Couur means the number of users specified for use with a product. 2.1-1cense Grant. Upon payment of the applicable Ilcense fees and Novell's receipt of the order for a Licensed Work, Novell grants and You accept the non-exclusive licenses described below. Your licenses to Use Software (but not to make copies of Master Software) will survive expiration ofthe MLA and be perpetual; for MLA Nodal licenses transitioned to standard Novell licenses at the end of the MLA under the MLA's termination provisions, Your perpetual rights will be in the standard Novell licenses. Novell, Inc. is the Software licensor, except that (a) if Your address provided on the Membership Form is in Europe the Middle East, or Africa, and Novell Ireland Software Ltd. or other Novell subsidiary is listed as the Novell contracting party on the Membership Form then the licenses are granted by Novell Ireland Software Limited or made available on its behalf, and (b) if Novell Japan, Ltd. Is the Novell entity that signs the Membership form, the licenses are granted by Novell Japan, Ltd. 2.1. Netw rk Node License. Novell grants a icense o a make and distribute an unlimited number of copies of the Host Software for Your Internal Use, provided you do not receive any direct payment for doing so, and (b)) conditional upon paying the applicable Discounted License Fee for each Node with which the Host and Client Software is to be Used, make, distribute, and Use the Client Software for Your Internal Use and use the NLM Software on the Host Software. 2.2. Server Network License. Novell grants a icense to a Use tne most Software on a single computing device (network server) to connect to and simultaneously Use up to the number of copies of Client Software specified by the User Count, and (b) make and distribute an unlimited number of copies of Client Software for Your Internal Use, provided you do not receive any direct payment for doing so, (c) use the NLM Software on the Host Software. 2.3. Node and Server Licenses, Certain Software Tcens y Novell on a Network Node basis under the MLA, such as NetWare, is also licensed by Novell on a Server Network (server -based licenses) basis. You may a wire such Software through either Nrk Node or Server Network licenses under the MLA, but may not mix Network Node and Server Network at a single Customer location (a facility with an individual street address). SEP-1-2006 12:42 FROM: TO:818018616319 P.10 4.BorderMana er. Novell grants a license to a Use the erver Software (any program provided as part of the Software that is capable of running on the Host Software) on one copy of the Host Software; (b) Use any Host Software provided as part of the Software only in connection with your permitted use of the Server Software; (c) make and distribute internally an unlimited number of copies of the Client Software, provided You do not receive any direct payment for doing so (except that for Node purchases You may make and distribute Client Software only up to the number of Nodes purchased while You may make and distribute internally an unlimited number of copies of the Host Software, provided You do not receive any direct payment for doing so); (`d) use u to the number of copies of CI ent Software specified by the User Count equal or tot he al numbers of Nodes purchased). the User Count s 2.4.1.Limltation. The aggregate number of users granted access or allowed to utilize the Software on your network (including the Server Software and any Host Software provided as art of the Software) shall not exceed p the User Count of your BorderManager licenses. However, the number of users granted access to the Software may exceed the User Count by up to 5,000 users for the following BorderManager features: (a) server -to -server virtual private networking ("VPN"); (b) web server acceleration (reverse proxy caching"); (c) Novell Internet Access Server remote access services ; and (d) Novell Internet Access Server multiprotocol router services. 2.4.2.0 berPatrol. If the Software contains y er a ro Internet filtering software from Microsystems, Inc., updates to any CyberPatrol sample lists, or additional lists, must be purchased separately from Microsystems. 2.5, GrouDWise Mailbox Licensp. Upon payment Of e applica license fee for each user Mailbox (an account for the storage of electronic mail. regardless of whether attached to a network and/or remote) with which the Software is Used, Novell grants a license to copy, make, and distribute the Software for Your Internal Use on Your computer systems. A Mailbox license is not required for Mailboxes that are used solely for physical facilitiessuch as a printer mailbox or a fax mailbox. For GroupWise Gateway Software sold separately from GroupWise Software, the following provision applies: 2.5.1. GatewaX Mailbox License. Upon payment of the applicable !cerise fee for each user Mailbox that can connect to the GroupWise Gateway Software, Novell grants a license to copy, make, and distribute the Software for Your Internal Use on Your computer MLA Standard Form - Novell License Terms MLA 5.Ob 111/99 systems. You must have a GroupWise Gateway Software license for each such connection in addition to the GroupWise Software mailbox license required to create the Mailbox. 2.6. Per CORX License. Upon payment of the applicable license Tee for each copy of the Software, Novell grants a license to make and distribute those copies of Software for Your Internal Use on Your computer systems. 2.7. Netsca a Navigator. If You purchase a icense for a product that includes Netscape Navigator Software, You may install a copy of Netscape Navigator on each computing device running the Client Software in support of the Host Software for Use: (a) primarily in support of the NLM Software, and (b) for Internet or World Wide Web access. 2.8. M ultl Protocol Router, If You purchase a license for a procluct that includes NetWare MultiProtocol Router Software (an NLM Software program), Your license is for 1 port for each server upon which You load the product that includes the MPR Software. 2.9.IPX/IP Gateway. If You purchase a license r a product that includes the IPX/IP Gateway Software, Novell grants You a 250- user ((1000-user, if the product that contains the GateWay Software is BorderManager) license for each server upon which You load the product that contains the Gateway Software. 2.10.N IQuDoortC nnection CD. For each sir scrip ion to the Novell Support Connection CD, Novell grants You a license to copy and distribute the CD for Internal Use on all Your computer systems at Your location(s). 2.11, n-Novell Products. If You receive a non - Novell product accompanied by a third -party license agreement , unless expressly stated otherwise, Your use of the product shall be governed by the terms of that license agreement, which are unmodified by the MLA 2,12.gvaluation and Key Activation Products. If You receive a product a is provided for evaluation purposes only or that requires use,hYou fuse ofithteofolregongcshall ed be governed by the terms of the accompanying license agreement. 13.8to Software. If Novell provides You beta so are, You are authorized to Use such software solely for evaluation purposes. As beta software, documentation, and related information is confidential to Novell, You may not disclose it outside of Your organization without Novell's prior written consent. Your license to Use such software terminates upon the earlier of Novell's general release of the software to the public SEP-1-2006 12:43 FROM: TO:818018616319 P.11 or written notice from Novell. 14.New Productsot r de . So that Novell may make available e on the MLA Price List new, Software products or Upgrades to current products, Your license grant for a product or Upgrade may differ from the above license terms. If there is a conflict or inconsistency between the above license grants and those made available to You with a product or Upgrade, the latter will prevail, provided that any change to the license grants will not affect previously purchased licenses; as to al( other contractual previsions, the MLA with these License Terms will prevail. Any change to a license grant shall not affect licenses purchased prior to the change. 15. Commercial Public Network Service Restriction. Commercial Public Network ervice NS") Restriction. You may not use the Software in a CPNS in which the number of CPNS subscribers exceeds 5000, unless You first obtain a separate license from Novell (see http://www.novell.com/internet). A CPNS is a service offered to the general public or to businesses that provides Intemet access, virtual private networking, remote network management, access to corporate or other networks, or access to any remote computing device, application, service or data. 2.16.Uoarade Restrictions. Whether You receive Upgrade licenses through Maintenance or through a separate purchase, You accept and Use Upgrade licenses subject to the following terms: 2.16.1. Use of an Upgrade Is limited solely to replace (a) a Novell product acquired by You pursuant to a valid Novell license, or (b) a competitive upgrade for which Novell is offering an Upgrade. In either case, the product from which You are u grading is referred to below as the "Original Product." 2.16.2. For any MLA license that gives You the right to use certain Prior versions of a license (such as the NetWare 5 and Prior" license), You may use either the latest version specified in the license, or a prior specified version, but You may not use both versions at the same time on any given machine. 2,16.3. Except as described in the previous paragraph, in the case of System Products (products not identified in the MLA Price List as GroupWare Products}, You agree (a) that 90 days after installation of the Upgrade, tfie license associated with the Original Product will automatically terminate and become void, and (b) to return or destroy the Original Product within such 90 day period. 2.16A. In the case of GroupWare Products MLA Standard Form - Novell License Terms MLA 5,0b 111/99 (as identified in the MLA Price List), You may Use either the Upgrade or a prior revision of the Upgrade, but never both revisions at the same time on any given machine. 2.16.5. Except as expressly permitted in this Upgrade Restrictions Section, You will not use, sell, or transfer the Original Product upon receipt of an Upgrade. 2.16.6. You accept any Upgrades under the terms of the license type described in this MLA and in the MLA Price List as applicable to the upgraded Software. Nothing in the MLA shall be construed to warrant or imply that an Upgrade or Update will be produced or made commercially available. 2.17.Client-Host Access. You may access Host Resources services provided by the Host Software or programs runningg on the Host Software) with third -party client software, provided that each third -party client that accesses Host Software: a) may only be used to support an individual user; and, b) for a Server Network License, shall be included in the User Count, for a Network Node license, shall be counted as a Node. 2,17.1. Client Software may be used only to access Novell Software. 2.17.2. Novell Is not obligated to provide technical support or other assistance in relation to use of Client or Host Software with other vendor's client or host software. In this Section, Novell makes no warranties or representations regarding other vendor's client or host software, how this software will work with Novell Software, or whether this software infringes Novell's intellectual property rights. 18.Conn ction Manaclement Software. You may no mo i any Connection Management Software (software that prevents more connections than the number of licensed connections specified by the documentation, packaging, or user materials of the Software) included in or provided with the Software. You may not use any device, process or computer program that increases either directly or indirectly, the number of connections to the Host Software. 2.19.Ownershi . Software ownershi and title mcu ing adaptations or copies Novell or its licensors. Copies are provided only to allow You to exercise license rights. 2.20.Transfgrr 9f License. Except as otherwise provided in the MLA, You may transfer licenses to another entity only after receiving prior written consent from Novell. With any license transfer You will transfer all copies Of the transferred Software with its Documentation and any copies/adaptations made. SEP-1-2006 12:43 FROM: TO:818018616319 P.12 2.21. o ies. You mar copy the Software only for internal Use (inc uding an archival or backup copy for each copy of Software licensed under this Agreement). All proprietary rights notices must be faithfully reproduced and included on all copies and any adaptations. You may make copies of the Documentation up to the number of MLA licenses purchased for use with the Software. 2.22.Notice to Em Io ees and A ents. You will use commercially reasonable efforts to inform Your employees agents, and other individuals using MLA Software that it may not be used, copied, or transferred in violation of the MLA terms. 2.23.Re;trlgtioQs. Except as may be expressly au iorize in this MLA, You will not rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, adapt, disassemble, or reverse -compile Software. Novell reserves all rights not expressly granted to You. Where You have a statutory right to adapt, disassemble or decompile the Software to obtain information needed to achieve interoperablilty with other programs, You will not exercise such right unless Novell does not respond within 60 days after receipt of a written request to provide the necessary information. 2.24,t?ut o in . Upon prior written notice to Novell, You may permit Use of the Software by a supplier of information services ('Supplier') off of Your premises, to the same extent You are permitted to do so, provided that You first purchase sufficient licenses to support such Use and execute a contract with the Supplier that obligates the Supplier to (a) use the Software only for Your internal business purposes and in accordance with the MLA terms, (b) maintain a logical or physical partition within its computer systems which use the Software so as to restrict Software use and access to a portion solely dedicated to Your beneficial use, and (c) allow You or Your agent to audit the Supplier's premises and records relating to use of the Software for at least 1 year after the earlier of expiration of the MLA or Your contract with Supplier, in order ensure Supplier's compliance with the MLA in its Software use. 2.24.1. Within 30 days after entering into such an agreement with a Supplier and providing Software to the Supplier, You must notify Novell in writing of the Supplier's name and of the start and expiration dates of the contract between You and the Supplier. If You provide Software to a Supplier, You must keep records detailing to which entities specific Software licenses were provided, on what dates, where Master Software is stored, and You must have an established process for retrieving Software once the MLA or Your contract with the Supplier is terminated. 2.24.2. If Novell so requests, You, through MLA Standard Form - Novell License Terms MLA 5.Ob 1/1W Novell or at Novell's option through an entity mutually agreed to by You and Novell, will audit the Supplier for compliance with the MLA terms. Novell shall use the information obtained from any such audit solely to determine compliance with the MLA and to remedy any noncompliance. You irrevocably appoint Novell as Your authorized representative for the purposes of carrying out any audit under the above paragraph. You shall be responsible for use or copying of the Software by the Supplier which violates the MLA terms. You will notify Novell in writing immediately upon learning of the reasonable possibility of a third party's violation of the MLA's terms. 2.25.A�udi . As described in the MLA, You agree ofmaintain records regarding your payment for and copying and use of the Software, and for up to 2 years after MLA termination to allow Novell, subject to the MLA's audit restrictions, access to audit these records and your Software use in order to verify compliance with the MLA terms. 26.U.S. Gov Restr! to Rights. Any use, duplication, -or disclosure by the United States Government is subject to restrictions in FAR §§ 52.227-14 (Jun '87) Alternate III ((Jun ' 67), FAR § 52.227-19 Jun '87 , or DFARS 252.227-7013 (b)(3) (Nov '95), or ap�licab a successor clauses. Manufacturer is (Novell, Inc. 1555 N Tech. Way Orem UT 84097. 2.27.Exaort. You agree to comply at Your own expense with all statutes regulations, rules ordinances, and orders of any governmental body which apply to or result from Your obligations under this Agreement, including any applicable United States and foreign export/import laws and regulations. You agree not to export any custom software directly or indirectly, separately or as part of a system without first obtaining authority to do so from governmental agencies or entities, if required by law. You acknowledge that U.S. export control laws/regulations apply to technology and software supplied by Novell. If Novell's shipping documents indicate that technology or software was exported to You under License Exception TSR (Technical Software Restricted), You agrees Clause A below applies. If these documents indicate that software was exported to You under License Exception TMP (Temporary), You agrees Clause B below applies. A. You will not knowingly export or reexport the technology andlor software supplied by Novell to any country or entity or for any use prohibited by the U.S. Export Administration Regulations unless authorized by the U. S. Gov't. B. You certify that this beta test software will only be used for beta testing, and will not be leased, assigned or otherwise transferred, nor will You export any product, process or service that is the direct product of the beta test software. SEP-1-2006 12:45 FROM: T0:818018616319 P.13 3.Intellectual Property Indemnification. If Your MLA terms contain different Intellectual Property Indemnification language, the MLA terms prevail over the following in the case of any conflict: 3.1. Novell will defend or settle any claim suit or proceeding brought against You so far as it is based on an allegation that a Software product infringes a patent or copyright of the country in which You take delivery of such product. Novell will pay any damages, costs and expenses finally awarded (or agreed to by settlement) in any such claim, suit or proceeding. Novell shall be relieved of the foregoing obligation unless (a) You promptly notify Novell of any such claim, (b) Novell has sole control of the defense and all related settlement negotiations, and (c) You provide Novell with the reasonable assistance, information and authority necessary to perform the above. If You desire separate legal representation in any such action, You shall be responsible for the costs and fees of separate counsel. 3.2. If a Software product is held to infringe and its use is enjoined, or if in Novell's opinion is likely to become the subject of infringement, You will permit Novell, at Novell's option and expense, to: (a) procure for You the right to continue to use the Software, or (b) replace or modify the Software so that i becomes non -infringing and has the same or additional functionality and comparable or improved performance characteristics, or (c) upon Your return of the infringing Software, refund to You the consideration paid for such Software in equal quarterly payments paid by Novell over a 3-year period from the date of return. 3.3. Novell shall have no responsibility for infringement to the extent the infringement results from (a) Novell's compliance with Your designs, specifications, or instructions, (b) use of other than the current Software release, if the infringement would have been avoided by use of the current release and if the infringement occurs more than 90 days after Novell has made a public announcement or notified You a previous release may infringe, (c) a Software modification not requested or authorized in writing by Novell, (d) use or combination of the Software with non -Novell software equipment, or data, other than as specified in the Documentation or otherwise approved in writing by Novell for use with the Software, (e) the furnishing to You of any information, service or technical support by a third party, or (g) non -licensed Software use. 3.4. Indemnmcation Limitation, CTION NOVELL'S LLIIAMIITi EDD BY UNIJt-SECTION 5.1.1. THIS INTELLECTUAL ROPERTY INDEMNIFICATION SECTION STATES THE ENTIRE AND EXCLUSIVE REGARDING ANYF INFRINGEMENT CLAIM MLA Standard Form - Novell License Terms MLA S.Ob 1/1/99 OR MISAPPROPRIATION OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. 4.1-11mited Warranty. If Your MLA terms contain different Limited Warranty language, the MLA terms prevail over the following in the case of any conflict: 4.1. S2nw�ar_e. Novell warrants that the Software will -conform substantially to the specifications in the Documentation provided that: (a) the Software is not modified by anyone other than Novell, unless authorized by Novell in writing; {b) You notify Novell in writing of thhe nonconformity within 90 days after purchase; and (c) the Software is installed in a compatible environment. In this Section, 11 conform substantially" means that the Software conforms to the vast majority of all specifications in the Documentation. Novell's only obligation under this warranty is to cause the Software to conform substantially with its specifications, or to refund to You the consideration paid for such Software upon Your return of all the Software. In the event of a refund, Your right to use the Software shall automatically expire. 4.2. Media and Documentation. Novell warrants a eier the o are's media or the Documentation is in a damaged or ph s allyy defective condition at the time of delivery to You and if it is returned to Novell (postage prepaid) within 90 days of delivery, NNovell wi l provide You replacements at no charge. 4.3. Services. Novell warrants that the technical services provided under the MLA will be supplied in a professional manner. As files may be altered or damaged in the course of Novell providing technical services, You agree to take appropriate measures to Isolate and back up its systems. 4.4. Beta. Any beta software is provided to You "W IS" without any warranty. You acknowledge that such software has not been fully tested and may contain errors and bugs. You must determine the suitability of the use of such software for any purpose. Novell does not uarantee that a commercial version of the software or that associated products will be released. Novell shall have no obligation to provide support for beta software. 4.5. Non -Novell Products. Novell does not warrant non- ove products. Any such products are provided on an "AS IS' basis. Any technical or warranty service for non - Novell products is provided by the product manufacturer in accordance with any applicable manufacturer's warranty. 4.6. Disclaimer of Warranties. EXCEPT AS F_XPKt:t5tiLY SET" -FORTH IN THESE LIMITED WARRANTY SECTIONS NOVELL MAKES NO WARRANTY Oil REPRESENTATIONS REGARDING ANY SEP-1-2006 12:46 FROM: TO:818018616319 P.14 SOFTWARE PRODUCTS OR SERVICES. NOVELL DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OR CONDITIONS INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD TITLE, AND NON -INFRINGEMENT. NOVELL DOES NOT WARRANT THAT THE LICENSED WORKS ARE WITHOUT DEFECT OR ERROR OR THAT ITS OPERATION WILL BE UNINTERRUPTED. This limited warranty gives specific legal rights which may vary in different states or jurisdictions. 4.7. Hazardous Environments, THE D FOR USE FOR ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE SUCH AS THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT COMMUNICATION OR CONTROL SYSTEMS LIFE SUPPORT MACHINES, OR SOFTWAREFAILMS IN URECWHICH EAIUEbULD LEAD DIRECTLY TO PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENT 5.1-Imitation of Liabllity. If Your MLA terms contain different Limitation of Liability language, the MLA terms prevail over the following in the case of any conflict: 5.1. Novell abili TO THE EXTENT APPLICABLE LAW NOVELL WILL NOT BE LIABLE TO YOU OR A THIRD PARTY FOR INDIRECT, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OF PROFITS, BUSINESS, OR DATA) RELATED TO OR ARISING UNDER THIS MLA, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Some states/jurisdictions do not allow limitation of incidental or consequential damages, so these limitations may not be applicable. 5.2• ED BY APPLICABLE LTHE AW,NNOVELL'S�LIABILITY TO A CUSTOMER FOR ANY CAUSE OF ACTION ARISING UNDER THIS MLA WILL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT CUSTOMER UNDER THIS MLA. 5.3. Cu tomer Liability. TO THE EXTENT ALLQVVtU by APPLICABLE LAW, YOU WILL NOT BE LIABLE TO NOVELL OR A THIRD PARTY FOR INDIRECT, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL OF ANY KIND(INCLUDING DAMAGE LOSS OF PROFITS, BUSINESS, OR DATA RELATED TO OR ARISING UNDER THIS MLA, WHETHER IN AN ACTION FOR OR MLA Standard Form - Novell License Terns MLA S.Ob 1/1/99 ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS SECTION DOES NOT APPLY TO VIOLATIONS OF NOVELL'S INTELLECTUAL PROPERTY RIGHTS. SEP-1-2006 12:46 FROM: TO:918018616319 P.15 NetWare 4.X, 5.X, and 6.X Audit instructions From the DOS prompt at a workstation on the network, Logged -In with Administrator rights, follow the instructions below: Create a subdirectory for audit files on your local hard drive: C:\ MD C:\AUDIT CD CAAUDIT Nodal License Query NDS by entering the commands below at the DOS prompt. If you have more than one tree, you need to run these queries per tree. CX (ROOT) NLIST /TREE > C:\AUDIT\TREE.TXT 2. NLIST SERVER /S > C:\AUDIT\SERVER.TXT 3. NLIST USER /S > C:\AUDIT\USER.TXT 4. NLIST USER WHERE "LOGIN TIME" GT MM/DD/YY (today's date minus 61 days) /S > C:\AUD IT\ACTI V E.TXT 5. NLIST "PRINTER" /S > C:\AUDITIPRINTF,R.TXT 6. NLIST "PRINT SERVER" /S > C:\AUDIT\PRINTSVR-1XI' 7. NLIST "NDPS PRINTER" /S > C:\AUDIT\NDPS.TXT Instructions to arrive at a Nodal Count: (workstation + printer * server m Nodal license count) 1. Active user count less user objects that do not represent workstation (i.e. administrative objects, duplicate objects, and people sharing workstations). This number will represent your workstation count. 2. Determine which count is greater between the printer count, and the print server count, add the greater number to the ndps printers, and that is your printer count. 3. Use the nlist count for servers. Add the workstation number with the printer number and the server number. The sum of those three will be the Nodal count. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION ITEM NO. C6A DATE: September 26, 2006 REGULAR [ ] PUBLIC HEARING ( ] CONSENT [x] PRESENTED BY: Donald Pauley Road & Bridge Manager SUBJECT: Approval of the release of retainage to make the final Road & Bridge payment of $128,672.96 for the annual 2005-06 Resurfacing Contract with Dickerson Florida, Inc. BACKGROUND: The contract was awarded to Dickerson Florida, Inc. on October 19th, 2005 for resurfacing three sections of Indian River Drive for a total of $1,184,930.46. During the work on the contract, the Parks Department ($22,471.71), and the Airport ($25,955.00) each had a road paved increasing the contract $48,426.71. (See Change Order No. 1 & 2). Also, Road & Bridge added the striping of Section four of South Indian River Drive, and the paving and striping of Grey Twig Lane, Spanish Lakes Blvd, and Angle Road increasing the contract $101,799.11. This brought the final contract price to $1,335,156.28 (See Change Order No. 3). Road and Bridge's portion of the contract was a total of $1,286,729.57. All work is complete and final Road and Bridge payment will be for retainage in the amount of $128,672.96 which was held during this project. FUNDS ARE AVAILABLE IN: 101002-0000-205100-000 Contracts Payable Retained % 316001-0000-205100-000 Contract Payable Retained % 001-0000-205100-000 Contract Payable Retained % PREVIOUS ACTION: Contract awarded on 10-19-05 for $1,184,930.46. Change Order No. 1 approved on June 20, 2006 Change Order No. 2 approved on August 1, 2006 Change Order No. 3 approved on August 22, 2006 RECOMMENDATION: Staffs recommends approval of the release of retainage to make the final Road & Bridge payment of $128,672.96 for the Resurfacing Contract with Dickerson Florida, Inc. COMMISSION ACTION: g] APPROVED [ ] OTHER [x] County Attorney [ ] Project. Manager [ ] Road & Bridge [ ]DENIED Approved 5-0 W, [x] Mgt. & Budget owl[x] [x] Finance Director [x] CONCURRENCE: WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $ 130920.13 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to (customer) St Lucie County BoCC on the job of (owner of property) St Lucie County BoCC to the following described property: SLC Street Resurfacing PO# P2610700 PO# P2610953 Dated September 18 ,2006 Lienor's Name Dickerson Florida Inc Address PO Box 910 Ft Pierce, FL 34954-0910 By -5, Printed Name B e r A e r r i 1 e Title: Vice President Personally appeared before me this 18th day of September , 2006 Bernie Barrile who, being duly sworn on oath, says that he is Vice President of Dickerson Florida Inc and who is personally known to me. eeeeNgeHeeeeeeeeeeeNeeee` seLENAw► C. oEwE1r r, CMRW oomoena e ExPk"41&2= i Notary Signature Notary Stamp ati l euswnuueeueaeeeeueFIN wen eeeeeeeeaax33 Note:This is a statutory form prescribed by Section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10,00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to ( customer) Dickerson Florida, Inc. on the job of( owner) St Lucie Cty Bd of County Commissioners , to the following described property: St Lucie Cty Street Resurfacing 3417 A001dr Dated �{ 167_ _ . _. , 20OJ' Lienors Name Gene's Striping Address 3326 Orange Ave Ft Pierce, FL 34947 By x to ► ~ Printed Name W a rmc Title: POP6 dAS%.} Personally appeared before me this kS day of WX4D��P.�,c ar ; 299F cPXOC)b that he/she is Q"I& l..t�C1A.Q who. being duly sworn on oath, says �& L that he/she is P r d r &- of Gene's Striping _ who is personally known to me or who has produced as identification. Notary Signature "'� T=ON RN T332601(MSNotary Stampwa cc. Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. bR/T.R -q.gVH nNTATA I a ggNqq QCbC•c.7b7l l cc Iat 0007 Mr /CM The undersigned lienor, in consideration of the final payment in the amount of $936.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Dickerson Florida, Inc., to the following described property: SLC — Street Resurfacing/Angle Road DFI #3417 . This waiver and release does not cover any retention of labor, services or materials furnished after the date specified or any late tickets that may be billed at a later date. Dated on 09/15/06 Lienor's Name Siboney Contracting Company Address 1000 Southern Blvd.. Ste. 300 West Palm Beach. FL. 33405 By Printed Name G. Ortega, Coll. M . Personally appeared before me September 15, 2006, by G. Ortega who, being duly sworn on oath, says that she is Coll. Mer. I of Siboney Contracting Company and who is personally known to me. , CHRISTINERAMOS ?e4,� �°�j,: Notary Rublic - Sfate o` Fla • :My Commission Expkes Jun 22. 2009 Commission # DID 443841 Bonded By National Notary Assn. Ac- N6%&y Signature Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C — 6B DATE: September 26, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PESE- �' 4� T��r�t�ti�(�l ,Michael V. Powley, P.E. County Engineer SUBJECT: Request approval of First Amendment to Work Authorization No. 9 (C00-10-112) for an extension of time to December 31, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue Sidewalk from East 21st Street to US 1. BACKGROUND: St. Lucie County already constructed a sidewalk along the north side of Juanita Avenue from 251h Street to East 21 st Street. Currently, Kimley-Horn and Associates, Inc. is producing plans for the replacement of the Juanita Avenue Bridge over Taylor Creek. These plans include a sidewalk to be constructed along the north side of the bridge. (See Memorandum 06-246) FUNDS AVAIL.: No additional funds will be necessary. PREVIOUS ACTION: On July 22, 2003, the Board approved Work Authorization No. 9 to the continuing engineering services agreement with Kimley-Horn and Associates, Inc. to provide design services for the construction of a sidewalk along the north side of Juanita Avenue from East 21st Street to US1, excluding the bridge over Taylor Creek. The scope of work is to collect survey data, prepare construction drawings, and prepare and submit permit applications. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign the First Amendment to Work Authorization No. 9 (C00-10-112) for a time extension to December 31, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue Sidewalk from East 21st Street to US 1. COMMISSION ACTION: [�} APPROVED [ ] OTHER [x] County Attorney [x] Project. Manager [x] Road & Bridge [ ] DENIED [x] C d M [x] Approved 5-0 Mgt. & Budgeter Executive Assist. CONCURRENCE: /4—" 1 l Dc(unk6s, nder Cou y dmi str i [x] Originating Dept. Pu lic Works [x] Purchasing Dept [x] (Check for copy only, if applicab e 9 DIVISION OF ENGINEERING MEMORANDUM TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant FROM: Craig Hauschild, P.E. - Assistant County Engineer o Date: September 18, 2006 Subject: Amendment No. 1 to Work Authorization No. 9 Engineering Services with Kimley-Horn and Associates, Inc. Juanita Avenue Sidewalk from East 215t Street to US 1 The First Amendment to Work Authorization No 9, Contract Number 00-10-112, is for a time extension to December 31, 2006 with Kimley-Horn to provide bid ready plans for the construction of a sidewalk along the north side of Juanita Avenue from East 215t Street to US 1, excluding the bridge over Taylor Creek. Kimley-Horn and Associates, Inc. is also producing plans for the replacement of the Juanita Avenue Bridge over Taylor Creek. A sidewalk will be included in the bridge design plans.. cc: Don West, P.E. - Public Works Director C00-10-112 (WA #9, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO.9 Engineering Services Related to Roadway and Intersection Design JUANITA AVE. SIDEWALK Work Authorization No. 9 between St. Lucie County ("the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") for Services related to Roadway and Intersection Design, dated October 1, 2000 (the "Agreement') is hereby amended to provide surveying and engineering services in the amount of $29,346.00. All work shall be completed on or before December 31, 2006. All other terms and conditions of Work Authorization No. 9 (C- 00-10-112) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No. 9 (C-00-10-112) to be executed and delivered on the dates below. BOARD OF COUNTY COMMISSIONERS WITNESSES: ST. LUCIE COUNTY, FLORIDA BY CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HO AND ASSOCIATES, INC. BY: Derr Potr%aftln- Print Name: 4 Title: y, c6 "�RrS� D C•yT Date: 114,6t. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) -6� ITEM NO. C DATE: September 26, 2006 REGULAR[] PUBLIC HEARING [ ] CONSENT [x] PRESf NTED BY: M icwael V. Powlew P.E. County Engineer SUBJECT: Request approval of First Amendment to Work Authorization No. 12 (C00-10-112) for an extension of time to November 17, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, for the Edwards Road and Selvitz Road. BACKGROUND: See Memorandum 06-248. FUNDS AVAIL.: No Additional Funds will be necessary. PREVIOUS ACTION: On June 15, 1999, the Board approved the work authorization with Kimley-Horn for design of Intersection improvements at Edwards Road and Selvitz Road. On February 20, 2001, the Board approved the work authorization with Kimley-Horn for retention pond analysis. On September 18, 2001, the Board approved the work authorization with Kimley-Horn for additional survey and engineering for the development of legal sketches and description associated with the pond improvements. On February 12, 2002, the Board approved the purchase of the retention pond site. On March 15, 2002, the Board approved a work authorization with Kimley-Horn for the bounty survey of the retention pond. On April 15, 2003, the Board approved the work authorization with Kimley-Horn for surveying, design of stormwater conveyance system and swals improvements, and the preparation of sketch and legal descriptions. On October 14, 2003, the Board approved Work Authorization NO. 12 with Kimley-Horn and Associates, Inc. for Roadway and Intersection Design at Edwards Road and Selvitz road- property Boundary Survey. RECOMMENDATION: Staff recommends that the Board approve and authorize the Chair to sign the First Amendment to Work Authorization No. 12 with Kimley-Horn and Associates, Inc. for an extension of time to November 17, 2006 for Engineering Services Related to Roadway and Intersection Design with Kimley-Horn and Associates, for the Edwards Road and Selvitz Road. COMMISSION ACTION: CONCURRENCE: [APPROVED [ ] DENIED [ ] OTHER Approved 5-0 f [x] County Attorney [x] Mgt. & Budget ILA [x] Project. Manager [x] Executive Assist. [x] Road & Bridge (I;—.-._ -=' [x] Originating Dept. Public Works [x] Purchasing Dept [x] (Check for copy only, if applicable) DIVISION OF ENGINEERING MEMORANDUM 06-248 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant FROM: Craig Hauschild, P.E. - Assistant County Engineer � Date: September 18, 2006 Subject: Amendment No. 1 to Work Authorization No. 12 Engineering Services with Kimley-Horn and Associates, Inc. Edwards Road at Selvitz Road Intersection Improvements On June 15, 1999, St. Lucie County entered into an agreement Kimley-Horn and Associates to provide design and permitting services for Edwards Road and Selvitz Road Intersection. The project includes expansion of the intersection to include turn lanes and stormwater treatment pond. The First Amendment to Work Authorization No. 12 is for an extension of time to November 17, 2006. cc: Don West, P.E. - Public Works Director C00-10-112 (WA #12, Amend #2) SECOND AMENDMENT TO WORK AUTHORIZATION NO. 12 Engineering Services Related to Roadway and Intersection Design EDWARDS ROAD AND SELVITZ ROAD CHURCH BOUNDARY SURVEY Work Authorization No. 12 between St. Lucie County ("the "County") and Kimley- Horn and Associates, Inc. (the "Engineer") for Services related to Roadway and Intersection Design, dated October 1, 2000 (the "Agreement') is hereby amended to provide surveying services in the amount of $8,230.00. All work shall be completed on or before November 17, 2006. All other terms and conditions of Work Authorization No. 12 (C-00-10-112) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to Work Authorization No. 12 (C-00-10-112) to be executed and delivered, effective as of BOARD OF COUNTY COMMISSIONERS WITNESSES: ST. LUCIE COUNTY, FLORIDA BY CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HO AND ASSOCIATES, INC. c� BY: �EPf 1%+��dH.rT Print Name: Title: 5R. kf 1ce paleslbg*.y Date: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C — 6D DATE: September 26, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ,/Mictiael V. Powle , P.E. County Engineer SUBJECT: Request approval of First Amendment to Work Authorization No. 6 (CO3-05-369) for an extension of time to September 30, 2006 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc. for design services for the Solida Circle Drainage Replacement project. BACKGROUND: The Solida Drive drainage pipe was compromised as a result of Hurricane Jeanne. A FEMA Project Worksheet JC-004E has been submitted for this project. See attached Memorandum 06-251 for additional information. FUNDS AVAILABLE: No additional funds will be necessary. PREVIOUS ACTION: On November 1, 2005, the Board approved the Work Authorization No. 3 with GCY, Inc. to the Contract for Survey Services for Survey Information related to the Solida Drive Drainage Pipe Replacement project. On April 11, 2006, the Board approval of Work Authorization No. 6 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc., for services on Solida Drive Drainage Pipe Replacement project in the amount of $24,380.00. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign the First Amendment to Work Authorization No. 6 for an extension of time to September 30, 2006 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer -Singleton & Associates, Inc. for design services for the Solida Circle Drainage Replacement project. COMMISSION ACTION: [ APPROVED [ ] OTHER [x] County Attorney [x] Project. Manager [x] Road & Bridge [ ] DENIED Approved 5-0 i; [x] Mgt. & Budget [x] Executive Assist. CONCURRENCE: 4 Dou Ande n Cou ty dmi 'st for L� [x] Originating Dept. Public Works V` (F!t` [x] Purchasing Dept [x] (Check for copy only, if applicable) w DIVISION OF ENGINEERING MEMORANDUM 06-251 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant FROM: Craig Hauschild, P.E. - Assistant County Engineer � Date: September 18, 2006 Subject: Solida Drive Drainage Pipe Replacement project Hurricane Jeanne - FEMA Project Worksheet JC-004E First Amendment to Work Authorization No. 6 - The project entails the replacement of a 36-inch diameter pipe beneath the roadway and within the drainage easement between 360 and 370 Solida Drive. The pipe was compromised as a result of Hurricane Jeanne. A FEMA Project Worksheet, JC-004E has been submitted for this project. The First Amendment to Work Authorization No. 6 is for an extension of time to September 30, 2006 in order to complete the plans for bidding. cc : Don West, P.E. - Public Works Director CO3-05-369 (WA #6, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO. 6 ENGINEERING SERVICES RELATED TO STORMWATER MANAGEMENT SOLIDA DRIVE DRAINAGE PIPE REPLACEMENT First Amendment to Work Authorization No. 6 between St. Lucie County ("the "County") and Bowyer -Singleton & Associates (the "Engineer") for Services related to Stormwater Design dated May 13, 2003, (the "Agreement") is hereby amended to provide engineering services in the amount of $24,380.00. All work shall be completed on or before September 30, 2006. All other terms and conditions of Work Authorization No. 6 (CO3-05-369) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No. 6 (CO3-05-369) to be executed and delivered on the dates below. BOARD OF COUNTY COMMISSIONERS WITNESSES: ST. LUCIE COUNTY, FLORIDA BY CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: BO E-SINGLETO SOCIATES f D BY:�--� Print Name: Da �- CAe5i&- Title: �J�''L`G��✓ UrGeS Date: I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C- 6L DATE: September 26, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: Piae41V.qP gow 1e yP.E. County Engineer SUBJECT: Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers, for redesign of Harmony Heights Stormwater Improvements Phase I in the amount of $152,757.50. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in 102001-3725-563005-42507 and 102001-3725-563021-42507 Drainage Maintenance MSTU — Stormwater Management. PREVIOUS ACTION: 1/15/2002 — Board approved Work Authorization No. 3 with BCI in the amount of $67,099.84 for preparation of the Harmony Heights Stormwater Master Plan. 6/16/2002 — Board approved Work Authorization No. 4 with BCI in the amount of $75,784.80 for the Harmony Heights Drainage Improvements Design and Permitting Phase I. 11/9/2004 — Board approved the 1st Amendment to Work Authorization No. 4 with BCI in the amount of $1,737.26 for the Harmony Heights Stormwater Improvements Project Phase II. 5/10/2005 — Board approved the Funding from the South Florida Water Management District in the amount of $336,780.00 for Harmony Heights Stormwater Improvement Project Phase I. 7/26/2005 — Board approved the Resolution to accept Funding from South Florida Water Management District in the amount of $336,780.00 for Harmony Heights Stormwater Improvement Project Phase I. 9/19/2006 — Board approved of extension of the contract with South Florida Water Management to May 30, 2008 for Harmony Heights Phase I. RECOMMENDATION: Staff recommends the Board approve Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for redesign of Harmony Heights Stormwater Improvements Phase I in the amount of $152,757.50. Approved 5-0 COMMISSION ACTION: CONCURRENCE: ] APPROVED [ ] DENIED [ ] OTHER �,� DouglWn�de Count[x] County Attorney [x] Mgt. & Budget /��Man. [x] Originating Dept. Public Works [x] Exec. Assis. BRM [x] Finance _ (Check for copy only, if applicable) DIVISION OF ENGINEERING MEMORANDUM 06-258 TO: Michael Powley, County Engineer FROM: Michael Harvey, Engineer Intern M !+ DATE: September 18, 2oo6 SUBJECT: Harmony Heights Stormwater Improvements Phase I Harmony Heights is located on North 41st, 42nd, and west to 53rd Streets between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed before State water quality regulations were developed and therefore has poor storm water conveyances and lack of storm water treatment areas. During rain events, the storm water outfalls directly into the two canals, both of which discharge into the Indian River Lagoon by means of Taylor Creek, which is approximately one -quarter mile from this site. Water quality of the runoff from this area is poor and contains debris, sediment and contaminants, such as oil, grease, fertilizers and pesticides. These deposits into St Lucie County's natural surface water bodies, most notably the Indian River Lagoon, which is already undergoing major dredging to remove all of the above contaminants and silt deposits. These pollutants have been determined to be very detrimental to the health of the area's natural resources in addition to the Lagoon. The primary purpose of the project is stormwater discharge attenuation to reduce fresh water and stormwater pollutants outfall to the Indian River Lagoon. The project will reduce stormwater runoff from Harmony Heights subdivision into the SFWMD Canal 25 and FPFWCD Canal 1. Detention ponds and swales are to be constructed within the Harmony Heights subdivision to additionally treat the outfall. On January 15, 2002 the Board approved Work Authorization No. 3 with BCI Engineers to prepare the Harmony Heights Stormwater Master Plan. The Master Plan is now completed and was permitted earlier this year through both the SFWMD and the FPFWCD. On July 16, 2002 the Board approved Work Authorization No. 4 with BCI Engineers for the design and permitting of the Harmony Heights Stormwater Improvements Phase I. Due to the amount of time between the beginning of the design and the present date, as well as the recent growth in the neighborhood and it was determined that the plans need to be updated. However, the continuing services contract with BCI has expired and was not renewed. Therefore, it was determined that a new consultant should begin evaluating and possibly redesigning the plans. This work authorization with Inwood Consulting Engineers is for this work. inwood consulting engineers September 1, 2006 Michael Harvey, E.I. St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 Ft. Pierce, Florida 34982-5652 Re: Proposal for Harmony Heights Phase I Design Revisions (Rev 2) St. Lucie County, Florida Contract No. C06-04-239 Dear Mr. Harvey: SLC-013 Inwood Consulting Engineers, Inc. (Inwood) is pleased to submit for your review and approval two copies of the following proposal documents: • Exhibit "A" (Scope of Work); • Exhibit "B" (Fee Estimate); Exhibit "C" (Project Schedule). Inwood looks forward to providing our services on this project. If you have any questions regarding the enclosed documents, please contact us at 407-971-8850. Very truly yours, INWOOD CONSULTING ENGINEERS, INC. s Mark W. Ellard, P.E. Project Manager cc: File 870, Clark Street • Oviedo, FL 32765 + tel• 407, David G. Coleman, P.E. Principal Proposal for Harmony Heights Phase I Design Revisions (Rev 2) St, Lucie County, Florida Contract No, C06-04-239 EXHIBIT A SCOPE OF WORK !nwood. September 1, 2006 Proposal for Harmony Heights Phase I Design Revisions (Rev 1) Exhibit A - Page I of 5 St. Lucie County, Florida September 1, 1006 Contract No. C06-04-139 EXHIBIT A - SCOPE OF WORK (Rev 2) Harmony Heights Phase I Design Revisions BACKGROUND Harmony Heights is a 300+ acre subdivision located in unincorporated St. Lucie County northwest of the City of Ft. Pierce. The subdivision is bounded to the north by the Ft. Pierce Farms Water Control District (FPFWCD) Canal No. 1, by 415t Street to the east, by South Florida Water Management District (SFWMD) Canal No. 25 to the south and by Keen Road to the west. The subdivision is located in T34S, R40E, Section 31. A Stormwater Master Plan was developed for the area in 2003 by BCI Engineers and Scientists, Inc. (BCI). Based on the Master Plan, surface water runoff patterns are generally from the central portion of the project area (Juanita Avenue) to both the north and south. Due to the lack of stormwater management infrastructure, stormwater generally builds up on the surface and flows into various depressional areas both adjacent to the roads and in rear -lot areas. These depressions sheet flow toward cross drain culverts and eventually into existing roadway swales that are more evident toward the northern and southern roadways. The swales eventually convey flow to 13 primary outfall structures that discharge into the two canal systems. The roads in the subdivision are generally unpaved with the exception of Juanita Avenue and San Diego Avenue. The Stormwater Master Plan recommended a program of stormwater drainage and roadway improvements. The subdivision was divided into 5 phases to facilitate design and construction. A conceptual permit for these improvements was subsequently granted through the SFWMD and FPFWCD in spring 2006. At the same time, a permit was also granted for the construction of Phase I of the project, based on preliminary plans prepared by BCI. It is the County's desire to have Inwood complete the design plans for Phase I of the subdivision, as well as prepare construction bid documents. Phase I drainage and roadway improvements as defined by the Master Plan and as indicated on the preliminary plans includes the following streets: Entire limits of North 41st Street (N2400 linear feet) Entire limits of North 42"d Street (-2300 linear feet) North 43`d Street from the south end to Avienda Avenue, then from Matanzas Avenue to the north end (N1600 linear feet) San Diego Avenue from North 415t Street to North 43rd Street (-600 linear feet) Juanita Avenue from North 415t Street to North 43`d Street (-600 linear feet) • Avienda Avenue from North 415t Street to North 42rd Street (-300 linear feet) Matanzas Avenue from North 415t Street to North 43`d Street (-600 linear feet) This is a total of approximately 8400 linear feet (-1.6 miles). The design included the paving of the unpaved roadways. The preliminary plans also delineated 5 pond sites. It is uncertain whether or not these identified parcels are currently available. As such, the scope will include an updated pond siting analysis to determine pond locations. The scope will also include a redesign of the proposed roadway swale and inlet/pipe collection system as necessary to accommodate the proposed pond sites. The project outfalls may also require upgrading and/or redesign. The following scope of work summarizes the efforts proposed by Inwood to complete this project. n oow v. Proposal for Harmony Heights Phase I Design Re✓isions (Rev 2) St. Lucie County, Florida Contract No. C06-04-239 OBJECTIVES Exhibit - Page 1 of S September 1, 2006 The St. Lucie County Engineering Division desires Inwood to undertake an effort to design the drainage and roadway improvements for Phase I of the subdivision. Engineering services will be provided for the design and preparation of construction drawings, cost estimates, specifications, and Right -of -Way maps in order to provide a complete bid document package to retrofit and/or rebuild the drainage infrastructure. PROFESSIONAL ENGINEERING SERVICES The consultant shall perform the following scope of engineering services: 1. General Tasks: • Project Management • Project progress meetings - assume 5 during the course of work • Public involvement — assume 2 meetings with residents and/or commissioner and St. Lucie County staff. • Preparation of construction specifications package. • Construction Certification Services (assume construction duration of 18 weeks with inspection time of 8 hours per week). 2. Roadway Analysis including the preparation of : • Typical Section Package • Master Horizontal/vertical Design Files • Cross-section Design Files • Computation Book & Quantities • Cost Estimates — assume 3 at 90%, 100%, and Final • Field reviews to support the above tasks — assume 2 field reviews Preparation of Roadway Plans including the following: • Key Sheet — 1 sheet • Summary of Pay Items — 1 sheet Drainage Map — 1 sheet (1"=200'scale) • Typical Sections — 1 sheet • General Notes / Pay Item Notes — 1 sheet • Summary of Quantities — 2 sheets • Summary of Drainage Structures — 2 sheet • Project Layout — 1 sheet • Plan & Profile Sheets — 14 sheets (1"=40' scale) • Miscellaneous Details — 1 sheet • Drainage Structure Sheets —15 Sheets • Miscellaneous Drainage Details — 1 sheet • Pond Details — 6 sheets • Pond Cross -sections — 6 sheets • Roadway Soil Survey — 1 sheet • Cross -Sections — 56 sheets (50' spacing) • Erosion Control Plan — 1 sheet • Stormwater Pollution Prevention Plan (SWPPP) — 2 sheets nwood Proposal for Harmony Heights Phase I Design Revisions (Rev 2) Exhibit — Page 3 of S St. Lucie County, Florida September 1, 2006 Contract No. C06-04-239 4. Drainage Analysis Including the preparation of: Base clearance water elevation Pond Siting Analysis Design of Roadway Dtiches Design of Outfalls • Design of Stormwater Management Facility (assume 6 ponds) Design of Storm Drains • Drainage Design Documentation Report Temporary Drainage Analysis • Drainage Cost Estimate • Field review to support the above tasks — assume 1 field review 5. Utility Coordination including the following: • Identify Existing Utilities • Utility Contacts • Collect and Review Plans and Data from Utilities Review Mark-ups and Work Schedules • Utility Coordination follow-up Utility Constructability Review 6. Signing & Marking Analysis including preparation of: • References and Master Design File Setup • Quantities Computation Book • Cost Estimate 7. Signing & Marking Plans including the following: Key Sheet — 1 sheet • Summary of Pay Items — 1 sheet Tabulation of Quantities — 1 sheet General Notes / Pay Item Notes — 1 sheet • Plan Sheets — 1 sheet (1"=200' scale) • Typical Details — 1 sheet 8. Subconsultant surveying services to support the above tasks will be provided by Southeastern Surveying & Mapping Corporation (SSMC). Included will be the following: • Locate all improvements and utilities, as evidenced by above ground features or as marked by the designated utility company representative. • Obtain spot elevations on natural ground and existing improvements suitable for interpolation of one foot contours (DTM) in the project areas to be shown on the final drawing. • Establish the limits of roadway rights of way based on record plats, recovered monumentation and occupation. Establish a minimum of (2) site benchmarks per street. Roadway Topographic coverage will be limited to the full R/W and extending 25 feet outside the R/W. • Perform topographic survey of up to six (6) pond sites Prepare acquisition descriptions with sketches for up to ten (10) parcels making up the six (6) proposed pond sites. Proposal for Harmony Heights Phase I Design Revisions (Rev 2) Exhibit A — Page 4 of 5 St. Lucie County, Florida September 1, 2006 Contract No. C06-04-239 • Perform 4 underground utility verification test holes using damage free vacuum excavation methodology at conflict locations as directed by the design engineer. • Establish, monument and reference construction baselines in the center of the rights -of -way for inclusion in the construction plans • Note that the surveyor will utilize the previous survey of this area prepared for the County to minimize the supplemental survey effort in those areas where no changes have occurred. 9. Subconsultant geotechnical services will be provided by Dunkelburger Engineering & Testing, Inc. (DET). Included will be the following: • Explore the subsurface conditions within / alongside the existing roadways with twelve (12) auger borings drilled to depths of 6 feet below the ground surface. • Explore the subsurface conditions within proposed pond areas with six (6) auger borings (one per pond site) drilled to depths of 10 feet below the ground surface. • Perform six (6) field open -borehole permeability tests within proposed pond areas (one per pond site) and three (3) along the roadsides in general accordance with SFWMD methodology to evaluate hydraulic conductivity of the soils. • Install six (6) temporary piezometers within proposed pond sites and three (3) alongside the existing roadways. Obtain groundwater readings once per week for 3 weeks. • Perform laboratory tests on selected soil samples, including percent fines tests, moisture content tests, and organic content tests. • DET will provide a written geotechnical report for the project that presents their findings, including detailed boring profiles, groundwater readings, field and laboratory tests. The consultant should note the following procedures to be adhered to during the contract, 1. It is understood that a permit for design has already been issued from the SFWMD and FPFWCD. It is assumed that a letter modification will be necessary based on the revised design, and work efforts needed to complete this are included in this proposal. 2. All the survey and right-of-way work shall be done in accordance with Chapter 61 G-17, Florida Administration Code, The Minimum Technical Standards of Land Surveying Code, the Minimum Technical Standards of Land Surveying in the State of Florida as adopted by the Florida State Board of Land Surveyors. The survey notes and sketches may be used as evidence in court and will represent a legal and official documentation of the area; therefore, all work and information provided shall be correct and accurate in order to comply with the certification now required of a professional surveyor. 3. Copies of all back up data to develop and evaluate the recommended alternative shall be provided to the County. 4. All calculations, design parameters, surveys, and construction plans shall be submitted in English Standard Units. 5. Sixty percent (60%), ninety percent (90%) and one hundred percent (100%) / final complete plans shall be furnished to the County for review and approval. For each plan submittal, four (4) sets of 11"x17" black -line copies shall be given to the County. Two (2) copies of the draft bid documents will be provided at the 100% submittal. ln oow v Proposal for Harmony Heights Phase I Design Revisions (Rev 1) St, Lucie County, Florida Contract No. C06-04-239 Exhibit — Page S of 5 September 1, 2006 6. Upon final review and approval, submit three (3) copies of the FINAL BID DOCUMENTS, three (3) signed/sealed copies of the FINAL CONSTRUCTION PLANS. Electronic copies of the final plans and bid documents will be provided. 7. Computer files of the final documents in the working format (i.e. Drawings — MicroStation format (with Autocad conversions), Cost Estimates — Microsoft Excel format, Bid Documents — Microsoft Word format, etc.) will be provided to the County on a CD-ROM. 8. Plans and specifications shall be supplied which follow the Florida Department of Transportation numbering system. 9. Final construction cost estimates shall show quantity breakdowns of all items following the Florida Department of Transportation numbering system when itemizing quantities. Cost estimates will be provided with the 90%, 100%, and Final submittals. 10. Signed and sealed legals and sketches of description by the Professional Land Surveyor (PLS) shall be prepared according to the requirements of the County's Real Estate Management Department. These documents are needed for right of way and easement acquisition purposes and potential condemnation proceedings. 11. It is assumed that utility adjustment sheets will not be necessary for the plans. If necessary based on the utility coordination, this can be provided under a supplemental budget. 12. It is assumed that environmental assessments, delineation of wetlands, or mitigation services will not be necessary for the project. If necessary, these services can be provided under a supplemental budget. 13. The preparation of an N.P.D.E.S. permit application for construction is notincluded in the scope. If necessary, these services can be provided under a supplemental budget. 14. Maintenance of Traffic (MOT) plans or design is not required as St. Lucie County will performed all construction and provide all MOT, detours, advanced signage, and all other Traffic Control Plans for design and performance. 15. A pavement design is not required for this project. St. Lucie County will provide the consultant with the pavement design to be specified on the typical section plans. 16. Post design services provided under this scope will include only final inspection and certification. It is understood that the County will provide construction inspection and as -built plan preparation during the course of construction. wog! I coneuhing enpmeere Proposal for Harmony Heights Phase I Design Revisions (Rev 2) St. Lucie County, Florida Contract No. C06-04-239 EXHIBIT B FEE ESTIMATE wood September 1, 2006 cU U m m a 1�pp O Y n 01 m GNO (p A b H O � 0 0 0 0 0 0 0 0 �y N O OO O O O O O pp O O O O A C N H H H H H 19 N H N H H H p O p p H H N U IyI f U T m> p N m 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 j N 0 0 0 U i Q L u F H a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H J J y M p O Tu a m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 N y Q 0 0 0 0 0 0 o 0 o N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 H N > .m c •m w o N� o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 H o w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 0 3 � N � W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 Y p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N C m E O N N O O O O O O O O O O O O O O O O O O O O O O O N m N 0 Y Q U y C O N 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O Op N < N O Q � H U p# c— W 0 C! O O O O O O O O O O O N N O O O O O O O O O 0 O O 0 N m N p H Y u O o O O O O O O O O O O N 01 0 0 0 0 0 0 0 0 0 0 0 0 0 N O� 0 6 Wo H g o r N W m co uMi a aa0o O O O O O M N v' Yl N H V QC O a N 112 O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N w m Q y LL S m 0 N E O trO N M m 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 N M v m 10 0 ~ = y c o 4 m r d m y Z O C c a U U Co V m m q m m m Q a c a N a 3 o P m m y d E 0 in o 0 V y r m N A y a c c u1 o N E� I y Y A € F C 9 E E> 'Y E c p�N EoOm a aE 2 H a M c $vT 0CZ 3Nc 1 nm c@c Z P o o N 0 w y h n n m O yS a9 z 0 O rm N 0 !l < 0 - N M N N C) Ml < N N G ON N M O N S O O N r r 0 0 0 o r O O N 0 N Q 0 0 0 0 M h O N N O O H ON a C m J c rn O a a T � m C m v U 0 t C ll o y m L m m e ; 5 Q F .. c =° C � � a m m m m 3� 3� o m _ 'm c 0 8 U � E C W a m a E v � a 9 y T le 10 C m m N F n O Z N a E NI E al a` z Proposal for Harmony Heights Phase I Design Revisions (Rev 2) St. Lucie County, Florida Contract No. C06-04-239 EXHIBIT C PROJECT SCHEDULE wood September 1, 2006 O N N O .-i G U Et N 1J N . .... --.-- N O m {n 2 c O c A m \ 8 N -------------------------------------- N \ C O N O R ----------------------- M -'- ------- Z N E E N 2f m S a ................................................................................... z Q E E E N • `B o o � `8 `8 � o o o o 'o LL LL ICl LL s f 3 IL F � of LL N LL LL LL M F a 0 Q 61 m ►N. E E > oWG jn u t 1'i u LU V, in v Z N W c0 N C ',, C u c c u VI a d �p W W 4 10 c (CO m c N 'u. d H Vy1� Q 19 45 c 'e b ° u o N d o c q7q # vao N LLJ. c c u O O O O c O M O K 2 LU w pU Q dCo p = O N u c d > {qC�1 Yj o Q v > \ y c y C CD> v! m jj q m VI `lY 0 VI Y m c O7 uLU2w �N0�j Z D o Z a� 0 au o $E v 0. w o v aR v1 �E �'t-� 0. o u ate. $ E a� v otn �0 y 0. u w H m2 W d= F 0 N M C AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C - CDC DATE: September 26, 2006 REGULAR[] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: Michael V. Powl y, P.E. County Engineer SUBJECT: Accept the project, release the retainage in the amount of $26,595.23, and provide Final Payment to Contract #C05- 11-608 in the amount of $38,433.06 (deducting for failed laboratory tests in the amount of $726.00) to Johnson -Davis, Inc. for the Construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project. BACKGROUND: On October 31, 2005 bids were opened for the Sunrise Boulevard Culvert Replacement at Canal 10 project. Only two bids were received. The bids were checked using the unit prices that were provided. The lowest complete bid was from Johnson -Davis in the amount of $228,260.00. See attached Memorandum 06-254 for additional information. FUNDS AVAILABLE: Funds are available in: Fund Number 101003-41131-563000-43017 in the amount of $3,857.00 Transportation Trust Local Option Culverts; Fund Number 316001-41131-563000-43017 in the amount of $7,980.83 Transportation Capital, Local Option Culverts; and Fund Number 101003-205100 in the amount of $26,595.23 Contract Payable Retainage. PREVIOUS ACTION: On November 8, 2005, the Board approved award of the contract to Johnson -Davis, Inc. in the amount of $228,260.00. On June 20, 2006, the Board approved Change Order No. 1 in the amount of $50,256.12 for improvements the Sunrise Boulevard at Canal 10 Culvert Replacement project. Construction of the project is complete. The modifications and improvements to the plans were for the paving of the shoulders adjacent to the travel lanes and regrading of the swale and removal of vegetation in order to extend the transition of the left turn lane to meet FDOT minimum requirements. RECOMMENDATION: Staff recommends the Board accept the project, release the retainage in the amount of $26,595.23, and provide Final Payment to Contract #C05-11-608 in the amount of $38,433.06 (deducting for failed laboratory tests in the amount of $726.00) to Johnson -Davis, Inc. for the Construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project. COMMISSION ACTION: APPROVED [ ] OTHER [ ] DENIED Approved 5-0 CONCURRENCE: /,,-, , '), 1-1\ j Do gla nder n County I mini I or x County Attorney [x] Mgt. & Budget [x] Originating Dept. Public Works [ ] �Y y [x] Project. Manager (!,q/� [x] Executive Assist. M [x] Purchasing Dept [x] Road & Bridge [x] (Check for copy only, if applicable) ';� . i DIVISION DF ENGINEERING MEMORANDUM 06-254 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant FROM: Craig Hauschild, P.E. - Assistant County Engineer Date: September 18, 2006 Subject: Sunrise Boulevard at Canal 10 Culvert Replacement Project Contract #C05-11-608 with Johnson -Davis, Inc. Johnson -Davis, Inc. has completed the construction of the Sunrise Boulevard at Canal 10 Culvert Replacement project in general accordance to the plans and specifications. Additionally, a Final Pay request with release of liens has been received and approved by the County Attorney. cc. Don West, P.E. - Public Works Director APPLICATION FOR 5 AND FINAL PAYMENT PROJECT NAME: SUNRISE BLVD. @ CANAL 10 CULVERT REPLACEMENT ENGINEER'S PROJECT NO. PO Number: P2611032 CONTRACTOR: JOHNSON-DAVIS INC APPLICATION AMOUNT: FOR PERIOD ENDING: $ 27,851.61 13-Jul-06 OWNER: CONTRACT DATE: a coMMfs9tera�fes- __ �-- Ur m APPLICATION DATE: INITIAL CONTRACT AMOUNT BASED ON EST. QUANTITIES 12-Jul-06 $228,260.00 TABULATION OF AMOUNT DUE THIS APPLICATION AS APPLIED FOR AS APPROVED BY CONTRACTOR BY ENGINEER TOTAL CONTRACT AMOUNT COMPLETED TO DATE (see Attached "Estimate of Complete Work") CHANGE ORDER NO. _1_ @ $50,256.12 @ CHANGE ORDER NO. _ @ @ CHANGE ORDER NO. _ @ @ CHANGE ORDER NO. _ @ @ Previous Payments: NO.01 $172,854.00 NO.02 $13,005.00 NO.03 $18,765.00 NO. 04 $34,732.88 PENDING @ 7-12-06 NO. 05 $11.307.63 PENDING @ 7-12-06 Total $250,664.51 $ 228,260.00 $ 22.8} 2l00. °O 100.00% COMPLETE (+) $ 50,256.12 $ 50 2.5 & . t Z 100.00% COMPLETE (+) $ 0.00 $ 100.00% COMPLETE (+) $ 0.00 $ 100.00% COMPLETE (+) $ 0.00 $ TOTAL WORK TO DATE (+) $ 278,516.12 $ 219, 5 LESS PREVIOUS PAYMENTS(-) $ -250,664.51 $ 2. 3'IJ 3 51 . 0& SUB -TOTAL $ 27,851.61 $ 34. 15ii eb LESS FAILED LAB. TESTS $ 72�(0 `O AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ 3 8 $ `4 33. °� CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereb swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have charged in full; that no suits are pending in connection with the work under the Contract; that the Contr a to the total final price of $_ 47A S /6-. /Z. and final payment of $ 7 as full settlement of his account under the Contract and of all claims in connection therewith. CONTRACTOR: H -D VIS INC. BY: TITLE: President / n Scott Johns COUNTY OF: / PALM BEACH STATE OF: FLORIDA Before me this 12th day of Jul , 2006, personally appeared Scott Johnson, known to me, who being duly sworn, did depose and say that he / she is the President (office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contarrect and e. 1. Notary Public State Of Florida , My commissi expires: ,� `' lansa C Ditu Pelkey L L�Zo/p P My Commission DD509178 Notary Public TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewd by the Engineer. The Engineer hereby approves final payment under this application in the amount of $ , less liquidated damages assessed by the Board, WITH ACTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT. DATE ST. LUCIE COUNTY ENGINEERING DEPT. APPROVED BY: Michael V. Powley, PE Donald B. West, PE County Engineer Public Works Director CHECKED BY: PREPARED BY: 8 - 30 - O G St Lucie County Engineering Dept. Contract Time Began: Substantial Completion on: Actual Construction Time: Cal.Days Contract Construction Time: Cal.Days Rainy Days Allowance: Cal.Days Other Overrun Allowances: Cal.Days Net Overrun: Cal.Days cc: Finance Officer DIVISION OF ENGINEERING MEMORANDUM 06-233 TO: Dan McIntyre, County Attorney FROM: Mike Powley, County Engineer `A SF P 0 1 2006Aew r DATE: August 31, 2006 SUBJECT: Sunrise Blvd. @ Canal 10 Culvert Replacement Releases of Lien On November 8, 2005, the Board awarded Johnson -Davis, Inc. a contract in the amount of $228,260.00 for the above referenced project. Please approve the attached Releases of Lien for correctness. If we can be of any assistance, please call Craig Hauschild, Assistant County Engineer, at extension 1712. Bam Attachments (3) cc: Don West, Public Works Director �i 111D I i; SEP i s 20Q6 1. SEP 7 n^nn AGENDA REQUEST ITEM NO. C(o DATE: September 26, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) on —West�/� Public Works Director SUBJECT: Request for approval of WA # 1 with Creech Engineers, Inc. for Professional Engineering Services for a Drainage Study at Sunshine Boulevard. BACKGROUND: Sunshine Boulevard, located east of U.S. Route 1 and north of Easy Street, experiences poor drainage between U.S. Route 1 and the North St. Lucie Water Control District's New Canal. Local residents have expressed concern that the 560 feet of roadway regularly floods and that the development of the property to the south will further impact the roadway's drainage system. The intent of the drainage study is to provide an analysis of Sunshine Boulevard's drainage system and review the proposed surface water management plan of the property being developed to the south. The study will identify any deficiencies and provide recommendations for improvements. The attached Work Authorization is being submitted under RFP #06-025 — Professional Engineering Services for Stormwater Management. FUNDS AVAILABLE: Funds will be made available in Stormwater MSTU Capital Budget from NPDES Phase II Project. Account # 102001-3725-563000-42512. PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends Board of County Commissioner Approval and Chairman's signature for WA #1 with Creech Engineers, Inc. in the amount of $12,200.00 for a Drainage Study at Sunshine Boulevard. COMMISSION ACTION: ] APPROVED [ ] OTHER County Attorney LI Project. Manager I ] Road & Bridge CONCURRENCE: [ ] DENIED Approved 5-0 4-1 14 Mgt. & Budget 2A Origin I ] Budget & Rev. Coor. W Purch I I ERD IX] Copy to Finance I ] Other PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works Director DATE: September 26, 2006 RE: Drainage Study at Sunshine Boulevard BACKGROUND: Sunshine Boulevard, located east of U.S. Route 1 and north of Easy Street, experiences poor drainage between U.S. Route 1 and the North St. Lucie Water Control District's New Canal. Local residents have expressed concern that the 560 feet of roadway regularly floods and that the development of the property to the south will further impact the roadway's drainage system. The intent of the drainage study is to provide an analysis of Sunshine Boulevard's drainage system and review the proposed surface water management plan of the property being developed to the south. The study will identify any deficiencies and provide recommendations for improvements. The attached Work Authorization is being submitted under RFP #06-025 — Professional Engineering Services for Stormwater Management. RECOM MENDATION: Staff recommends Board of County Commissioner Approval and Chairman's signature for WA #1 with Creech Engineers, Inc. in the amount of $12.200.00 for a Drainage Study at Sunshine Boulevard. WORK AUTHORIZATION NO. 1 Engineering Services Related to Stormwater for Sunshine Boulevard, Drainage Study C#-06-04-237 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Creech Engineers, Inc.(the "Engineer") dated September 15, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER AN Print Name: Creech Engineers, Inc. Date: H1562 Park Lane South, Ste 700 Jupiter, Florida 33458 C� I N E E R S I <—_ Ph: (561) 745-4495, Fax: (561) 741-1791 c_-IVIL_l _/ IK-)'" L'NC;INF_Ll 1=L") September 15, 2006 26011.02 (00) Mr. Christopher Lestrange, P.E. St. Lucie County Public Works — Code Compliance 2300 Virginia Ave Ft. Pierce, FL 34982 RE: SUNSHINE BOULEVARD. DRAINAGE STUDY Proposal for Professional Engineering Services Dear Mr. Lestrange: Sent Via E-Mail Creech Engineers, Inc. (The CONSULTANT) is pleased to submit this Work Authorization for professional engineering services to St. Lucie County (The COUNTY) for the Sunshine Boulevard. Drainage Study (The PROJECT). This proposal is submitted as a part of our Continuing Services Contract, dated April 4, 2006. PROJECT UNDERSTANDING It is our understanding that St. Lucie County desires to review the existing and proposed drainage along Sunshine Boulevard, east of U.S. Highway 1 and west of the New Canal, in Ft. Pierce, Florida. The original roadway improvements were provided as part of The Grove Condominium Development dated January 19, 1982. Currently the area is poorly drained, and is served by exfiltration trench systems along the north and south sides of the roadway. There is local concern that the commercial site development currently being constructed along the south side of the roadway is contributing to localized flooding of the roadway during rainfall events. The intent of the study is to provide an analysis of the existing storm water runoff characteristics, review the proposed surface water management plan of the future commercial development, and identify likely weaknesses in the roadway stormwater conveyance system. It is also desired that the study provide recommendations for improvements to the roadway drainage system in accordance with current County standards and direction. The Stormwater Analysis and Review will consist of: ■ Review of existing drainage conditions (prior to new commercial development) • Review of modified drainage conditions with new development ■ Determination of area stormwater conveyance characteristics and deficiencies ■ Development of recommendations for improvements 26011-02-00-PPL-SLC-SunshineBlvdDrgStudy-091506 0 z rx w w 2 a 2 w w w x @ Y ■ 0 3: w Q s F- m w w w LL. --------------------- ®- --------------- ) - - m @ @ $ $ m # @ @ $ ! § § / \ \ m m# a a m@ m .IL } CL \ \IL _ 0 \ } ) # $ k { E ! [ t IL/ l f§ r 0 \§ƒ 7kk -k! $§f! a!«!§® /k| , E } f ) § \ \ / \ \ } § } () k k } 2 $ ) ! k \ ƒ)) Sunshine Boulevard Drainage Study Proposal for Engineering Services September 15 2006 26011.02(00) Page 2 of 7 The report will be prepared in accordance with the latest standards of the Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), and St. Lucie County. The report development will be provided as follows: Basic Services 1. Drainage Analysis, Report and Recommendations We respectfully submit the following Scope of Services and Fee Schedule for your review and approval: Sunshine Boulevard Drainage Study Proposal for Engineering Services September 15 2006 26011.02(00) Page 3 of 7 Exhibit A SCOPE OF BASIC SERVICES Task 01 — Drainage Analysis Report and Recommendations A. Consultant will collect available construction plans, proposed development plans, and previously prepared drainage reports for use in analyzing the location and developing recommendations for improvements. The data collected in this task will be used in subsequent tasks for analysis and development of recommendations. The tasks provided for under this item include: • Collect available data and prior studies • Compile available site data (aerials, USGS maps, SCS soil information) • Conduct field review B. The CONSULTANT will analyze the existing drainage characteristics for the roadway prior to improvements being made along the south right-of-way line to determine whether the current field conditions match those outlined in the original construction plans. The analysis will also include review of the current configuration to determine whether the current stormwater system adequately conveys runoff according to current practice and standards. The existing drainage design will also be reviewed for compliance with current water quality and quantity standards. Analysis will be provided using rainfall events 10 year —24 hour, 10 year — 72 hour, 25 year — 72 hour, and 100 year — 72 hour. The tasks provided for under this item include: Review of the existing plans and site Develop surface water management calculations • Refinement of surface water management calculations • Review results C. The CONSULTANT will analyze the drainage characteristics accounting for the improvements being made to the parcel along the south right-of-way for the commercial development located south of Sunshine Boulevard to determine whether the design adversely affects the existing conditions along the roadway. The analysis will also include review of the current configuration to determine whether the current storm water system adequately conveys runoff according to current practice and standards. The existing drainage design will be reviewed for compliance with current water quality and quantity standards. Analysis will be provided using rainfall events 10 year — 24 hour, 10 year — 72 hour, 25 year — 72 hour, and 100 year — 72 hour. Sunshine Boulevard Drainage Study Proposal for Engineering Services September 15 2006 26011.02(00) Page 4 of 7 The tasks provided for under this item include: • Review of the proposed development plans and site • Develop surface water management calculations • Refinement of surface water management calculations • Review results D. The CONSULTANT will contact the South Florida Water Management District (SFWMD) and North St. Lucie River Water Control District (NSLRWCD) to confirm local area requirements and review the project. The applicable agency discharge criteria will be confirmed and any area permits will be confirmed, and copies obtained for use during the analysis. The tasks provided for under this item include: • Contact permit agencies for coordination • Confirm agency discharge criteria • Determine current WMD permits E. The CONSULTANT will develop options based upon the data and analysis collected in the previous tasks. From these recommendations, The CONSULTANT will draft the drainage report and submit to the COUNTY for review and discussion. From the review, the final report will be prepared and submitted to the COUNTY. The tasks provided for under this item include: • Develop options and recommendations • Draft report, prepare and submit to COUNTY • Update report for COUNTY comments • Finalize and submit report to COUNTY ADDITIONAL SERVICES We will provide, as requested by the COUNTY, additional services that require analyses beyond those described above. These additional services may include, but not be limited to: A. Design Improvement Plans; B. Permitting Services; C. Alternative Designs or Alternate Bid Items; D. General Civil Engineering Services; E. General Surveying Services; Additional services, should they be requested, will be provided on a Time and Materials (Hourly) basis or on the basis of a mutually agreed upon Lump Sum Fee. Sunshine Boulevard Drainage Study Proposal for Engineering Services September 15 2006 26011.02(00) Page 5 of 7 DOCUMENTS PROVIDED BY THE CLIENT It is understood the following items will be, or have been, provided by the Client: A. Underground Utility 'Record drawings' obtained from Client records, Ground Penetrating Radar (if available), and other locating methods; B. Applicable St. Lucie County Engineering Design Standards; FEES AND BILLING Billing will be invoiced monthly based on the percentage complete for Lump Sum Tasks and for services actually provided for Time and Materials (Hourly) Tasks. Reimbursable expenses are included in the Lump Sum Fees. SUMMARY Creech Engineers, Inc. would be extremely pleased to provide you with our professional services as outlined above. Our fees for the above listed services do not include permit or filing fees. This proposal, along with the attached General Contract Provisions, represents the entire understanding between you and us with respect to the PROJECT, and may only be modified in writing and signed by the Client and the Consultant. If this satisfactorily sets forth your understanding of our agreement, please attach this to the County's Standard Agreement for Services and forward this for approval by the County, and return to my attention at our Jupiter office address. Sincerely, George J. Beck, AGENT Senior Project Manager Creech Engineers, Inc. c, jbeck cOcreechinc. com GJB/le Attachments Sunshine Boulevard Drainage Study Proposal for Engineering Services September 15 2006 26011.02(00) Page 6 of 7 Exhibit B FEE SCHEDULE We will provide the services outlined above for the Lump Sum Fees as detailed below: TASK FEE Task 01 — Drainage Analysis, Report and Recommendations $12,200.00 Total: ! $12,200.00 , Additional services, if required, will be provided on a Time and Materials (hourly) basis or on the basis of a mutually agreed upon lump sum fee. Sunshine Boulevard Drainage Study Proposal for Engineering Services September 15 2006 26011.02(00) Page 7 of 7 Exhibit C Preliminary Project Schedule St. Lucie county Public Works Sunshine Boulevard Drainage Analysis CEI Project 26011.02 Mile Stone Notice to Proceed Field Review with SLC Report Submittal Report Review with SLC -- 10/1/06 2 weeks 10/17/06 4 weeks 11 /14/06 1 week 11/21/06 Note: Dates shown are approximate and are contingent in part on actual NTP. 0 AGENDA REQUEST ITEM NO. L -1 DATE: September 26, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Resolution 06-291 recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses. BACKGROUND: As a result of the damages caused by Hurricane Frances, Jeanne, and Wilma the Federal Emergency Management Agency (FEMA) and the Department of Community Affairs have agreed to fund eligible hurricane damage expenses. The attached resolution establishes the budget for reimbursement related to several FEMA projects totaling $2,247,675. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: On October 19, 2004, the Board approved a disaster relief funding agreement for Hurricane Frances. On November 2, 2004, the Board approved a disaster relief funding agreement for Hurricane Jeanne. On November 15, 2005, the Board approved a disaster relief funding agreement for Hurricane Wilma. RECOMMENDATION: Staff recommends approval of resolution # 06-291 recognizing revenue from FEMA and the State for hurricane related expenses. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney:xx Originating Dept: CONCURRENCE: Coordination/Signatures Management & Budget: I.M Purchasing: Public Works: Finance: (Check for Copy only, if applicable) ✓ . Other: G:\BUDGE'r\WP\AGENDA'SW GENDA06\09'26'06FEMA. DOC COUNTY F L O R I D A MEMORANDUM 06-93 OFFICE OF MANAGEMENT & BUDGET TO: Board of County Commissioners FROM: Marie Gouin, Management and Budget Director SUBJECT: Resolution #06-291 DATE: September 26, 2006 As a result of the damages caused by Hurricane Frances, Jeanne, and Wilma the Federal Emergency Management Agency (FEMA) and the Department of Community Affairs have agreed to fund eligible hurricane damage expenses. The attached resolution establishes the budget for reimbursement related to several FEMA projects totaling $2,247,675. Staff recommends approval of resolution # 06-291 recognizing revenue from FEMA and the State for hurricane related expenses. RESOLUTION NO. 06-291 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available through the Federal Emergency Management Agency and the Department of Community Affairs. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 26th day of September, 2006, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2005-2006, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: Revenues (General Fund 001 1930 331232 FE031C Emergency Management $229,139 001 1930 334202 FE031 C Dept of Community Affairs -Pub Sfty $12,649 001 1930 334202 JG005C Dept of Community Affairs -Pub Sfty $7,736 001 1930 331232 JG005C Emergency Management $140,004 Subtotal $389,528 Appropriations 001 1930 551200 FE031 C Equipment < $1000 $241,788 001 1930 563000 JG005C Infrastructure $147,740 Subtotal $389,528 Revenue (Transportation Trust Fund 101002 4112 331232 1904 Emergency Management $353,548 101003 4108 334202 JC013R Dept of Community Affairs -Pub Sfty $4,127 101003 4108 331232 JC013R Emergency Management $74,690 Subtotal $432,365 Appropriations 101002 4112 101003 4108 Subtotal 534000 1904 Other Contractual Services 534000 1902 Other Contractual Services Revenue (Mosquito Control Fund $353,548 $78,817 $432,365 145 6230 334202 1904 Dept of Community Affairs -Pub Sfty $135,176 145 6230 331232 1904 Emergency Management $820,380 145 6230 334202 JG002M Dept of Community Affairs -Pub Sfty $12,712 145 6230 331232 JG002M Emergency Management $239,926 145 6230 334202 JG003M Dept of Community Affairs -Pub Sfty $4,081 145 6230 331232 JG003M Emergency Management $73,856 Subtotal $1,286,131 Aoorooriations 145 6230 534000 1904 Other Contractual Services $955,556 145 6230 534000 JG002M Other Contractual Services $252,638 145 6230 531000 1902 Professional Services $77,937 Subtotal $1,286,131 Page 1 of 2 Revenue (Landfill Fund) 401 3410 334202 1904 Dept of Community Affairs -Pub Sfty $13,408 401 3410 331232 1904 Emergency Management $81,517 Subtotal $94,925 Appropriations 401 3410 546100 1904 Building Maintenance $94,925 Revenue (Utilities Funds 451 3510 334202 1904 Dept of Community Affairs -Pub Sfty $2,932 451 3510 331232 1904 Emergency Management $17,821 471 3600 334202 1904 Dept of Community Affairs -Pub Sfty $1,239 471 3600 331232 1904 Emergency Management $7,528 471 3601 334202 1904 Dept of Community Affairs -Pub Sfty $240 471 3601 331232 1904 Emergency Management $1,460 471 3602 334202 1904 Dept of Community Affairs -Pub Sfty $1,908 471 3602 331232 1904 Emergency Management $11,598 Subtotal $44,726 451 3510 546240 1904 Maintenance -Utilities Fieldwork $20,753 471 3600 546240 1904 Maintenance -Utilities Fieldwork $8,767 471 3601 546240 1904 Maintenance -Utilities Fieldwork $1,700 471 3602 546240 1904 Maintenance -Utilities Fieldwork $13,506 Subtotal $44,726 Grand Total Revenues $2,247,675 Grand Total Appropriations $2,247,675 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward, Chairperson XXX Commissioner Chris Craft, Vice Chairperson XXX Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 26th DAY OF September, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Page 2 of 2 AGENDA REQUEST "INVESTMENT FOR THE FUTURE" TO: BOARD. OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C — 8 DATE: September 26, 2006 REGULAR[] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY - Michael V. Powl y, P.E. County Engineer SUBJECT: Request approval of First Amendment to Work Authorization (WA) No. 2 (C00-12-158) for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue over Taylor Creek Bridge Replacement project. BACKGROUND: See Memorandum 06-247. FUNDS AVAIL.: No additional funds will be necessary. PREVIOUS ACTION: On June 17, 1997, the Board of County Commissioners approved an additional two cents of Local Option Gasoline Tax for St. Lucie County. The revenue from this additional tax is earmarked for Capital Maintenance of bridges and road reconstruction. A list is needed bridge repair and replacement projects were approved by the BOCC under the "Investment for the Future" program. Juanita Road over Taylor Creek Bridge is one of the bridges on this list. On October 13, 1998, the Board approved WA No. 2, in the amount of $32,000, to design the necessary repairs on four bridges: Taylor Dairy Road over C-25 Canal, Juanita Avenue over Taylor Creek, Glades Cut-off Road over C-24 Canal, and Edwards Road over 5-Mile Creek. On April 25,2000, The Board approved WA No. 3, in the amount of $22,500, which was included bid preparation, preconstruction participation, site visits, permitting, and project closure of all four bridges. On December 5, 2000, The Board awarded Contact #C00-12-158 with Kimley-Horn and Associates, Inc. for Bridge Evaluation & Design Services. On September4, 2001, The Board approved WA NO.1 in the amount of $6,900, for additional survey information on three bridges: Juanita Avenue over Taylor Creek, Glades Cut-off Road over C-24 Canal, and Edwards Road over 5- Mile Creek. The survey information better defined the work necessary to rehabilitate the bridges and established quantities for payment to bidding contractors. Site conditions have changed since the bridge projects began. On August 27, 2002, The Board approved Request approval to retain the services of Kimley-Horn and Associates, Inc. to provide design services for replacement of the Juanita Avenue over Taylor Creek Bridge ID 940040. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign the First Amendment to Work Authorization No. 2 (C00-12-158) for an extension of time to December 31, 2006 for Engineering Services Related to Bridge Evaluation and Design with Kimley-Horn and Associates, Inc. for the Juanita Avenue over Taylor Creek Bridge Replacement. COMMISSION ACTION: Approved 5-0 [ APPROVED [ ] DENIED [ ] OTHER [x] County Attorney [x] Mgt. & Budget >� V [x] [x] Project. Manager [x] Executive Assist. a [x] [x] Road & Bridge _ �. [x] CONCURRENCE: Dog Ande n Coun dmin t t a Originating Dept. P lic Works Purchasing Dept E (Check for copy only, if applica le) i DIVISION OF ENGINEERING MEMORANDUM 06-247 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant FROM: Craig Hauschild, P.E. - Assistant County Engineer uK Date: September 18, 2006 Subject: Amendment No. 1 to Work Authorization No. 2 Engineering Services with Kimley-Horn and Associates, Inc. Juanita Avenue over Taylor Creek Bridge Replacement Project In reviewing the plans for the Juanita Avenue Bridge Repair project, staff had determined that adding a sidewalk to the bridge would not be cost feasible. The condition of the existing bridge is poor, and is very close to the end of its useful service of life. Major repairs are needed (estimated at $150,000) to extend the service life of the bridge for at most 10-15 years. Based upon these conditions, staff undertook the design for the replacement of the Juanita Avenue Bridge over Taylor Creek. These plans are very close to complete but the design contract is about to expire. The First Amendment to Work Authorization No. 2 is for an extension of time to December 31, 2006. cc: Don West, P.E. - Public Works Director C00-12-158 (WA #2, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO.2 ENGINEERING SERVICES RELATED TO BRIDGE EVALUATION AND DESIGN JUANITA AVENUE AT TAYLOR CREEK BRIDGE DESIGN Work Authorization No. 2 between St. Lucie County ("the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") for Services related to Bridge Evaluation and Design dated December 5, 2000, (the "Agreement") is hereby amended to provide surveying and engineering services in the amount of $63,600.00. All work shall be completed on or before December 31, 2006. All other terms and conditions of Work Authorization No. 2 (C-00-12- 158) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No. 2 (C-00-12-158) to be executed and delivered on the dates below. BOARD OF COUNTY COMMISSIONERS WITNESSES: ST. LUCIE COUNTY, FLORIDA BY CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY7 AND ASSOCIATES, INC. r BY: TEFF �,Acnuc."i Print Name: Title: !%. I LCE ;&V IPa4t Date: 9 �/ AGENDA REQUEST ITEM NO.C-9A DATE: September 26, 2006 REGULAR[ ] PUBLIC HEARING [ ] CONSENT[XI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis SUBJECT: Accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $1,275 with a local match of $1,275 and $48,450 Federal Aviation Administration grant for a total project cost of $51,000 for an update to the Airport Layout Plan for the St. Lucie County International Airport and request approval of Resolution 06-293 BACKGROUND: On June 18, 2002, the Board of County Commissioners approved the latest update to the Airport Master Plan. Additionally, an Airport Layout Plan (ALP) set was prepared as part of this process, which provides a graphical representation of the data, existing facilities and recommendations for future development in the Master Plan. The 2002 Airport Layout Plan, although submitted, was never officially approved by the FAA or the FDOT. Since the information is now four years old the FAA has requested and will fund an ALP update. The Board approved a 95% FAA grant for $48,450 on August 15, 2006. The FDOT has issued a 2'/z % Joint Participation Agreement in the amount of $1,275, which with a local match of $1,275 totals $51,000 for the project. FUNDS AVAILABLE IN ACCT#: Funds are available in account number 140132-4220-534000-48001. PREVIOUS ACTION: The Board approved the Airport Master Plan on June 18, 2002. In May 2006, the Board approved PBS&J Work Authorization to update ALP upon receipt of the grant funds. On August 15, 2006, the Board accepted the FAA grant. RECOMMENDATION: Staff recommends the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $1,275 with a local match of $1,275 and $48,450 Federal Aviation Administration grant for a total project cost of $51,000, for an update to the Airport Layout Plan for the St. Lucie County International Airport and request approval of Resolution 06-293 COMMISSION ACTION: Approved 5-0 [ PPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals - County Attorney: �: OMB iiirP Purc Originating De >, er�r� Other: Othe —r, __ Finance:(Check for Copy only, if applicable) MEMORANDUM STAFF REPORT DATE: September 15, 2006 TO: Board of County Commissioners FROM: Diana Lewis, Airport Director SUBJECT: Accept FDOT JPA for Update to Airport Layout Plan — Agenda Item C-9A On June 18, 2002, the Board of County Commissioners approved the latest update to the Airport Master Plan. Additionally, an Airport Layout Plan set was prepared as part of this process, which provides a graphical representation of the data, existing facilities and recommendations for future airport development in the Master Plan. The 2002 Airport Layout Plan (ALP), although submitted, was never officially approved by the FAA or the FDOT. The information is now four years old the FAA has funded 95% of the $51,000 cost of the ALP update. This agenda request is to accept the FDOT 2 1/2 % share of the project cost totaling $1,275. This also requires a local match of $1,275. Staff recommends the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $1,275, which with a local match of $1,275 and $48,450 Federal Aviation Administration grant, totals $51,000, for an update to the Airport Layout Plan for the St. Lucie County International Airport and request approval of Resolution 06-293 RESOLUTION NO. 06-293 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 421891-1-94-01) FOR THE AIRPORT LAYOUT PLAN UPDATE FOR ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Airport Layout Plan Update for St. Lucie County International Airport (Fin. Proj. No. 421891-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 421891-1-94-01) to provide funding for the Airport Layout Plan Update for St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 06-293 was as follows: Chair Doug Coward Vice -Chair Chris Craft Commissioner Frannie Hutchinson Commissioner Joseph Smith Commissioner Paula Lewis PASSED AND DULY ADOPTED this day of ATTEST: �-"v DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Financial Project No.: 421891-1-94-01 (item -segment -phase -sequence) Contract No.: CFDA Number: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Fund: DS Function: 637 Federal No. DUNS No.: 725-030-06 PUBLIC TRANSPORTATION 04/06 Page 1 of 14 FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF 596000835030 CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County BOCC hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 8/31 /2008 in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Airport Layout Plan - FPR and as further described in Exhibit(s) A, B, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 725.030.06 PUBLIC TRANSPORTATION 04106 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 51,000 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 1,275 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage O is @) is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 725030-06 PUBLIC TRANSPORTATION Page 3 of 14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry 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. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement. and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 725-030-06 PUBLIC TRANSPORTATION 04/06 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 725-030-06 PUBLIC TRANSPORTATION 04/06 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: In addition, pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 725-030.06 PUBLIC TRANSPORTATION 04106 Page 6 of 14 Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on behalf of the recipient directly to: - . A. The Department at each of the following addresses: 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 725-030-06 PUBLIC TRANSPORTATION 04/06 Page 7 o/ 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Fort Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 725-030-06 PUBLIC TRANSPORTATION 04/06 Page 6 of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725-030-06 PUBLIC TRANSPORTATION 04106 Page 9d 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-030.06 PUBLIC TRANSPORTATION 04/06 Page 10 of 14 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-06 PUBLIC TRANSPORTATION 04/06 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for.damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 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. 725030-06 PUBLIC TRANSPORTATION 04106 Page 12 of 14 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 8/31/2008 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725-030-06 PUBLIC TRANSPORTATION 04106 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an. Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 725-030-06 PUBLIC TRANSPORTATION 04/06 Page 14 of 14 Financial Project No. Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION TITLE Fin. Proj. No.: 421891-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners. PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Airport Layout Plan SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A The District project manager has 10 working days to review invoices after receipt of invoice package and corresponding progress report before submitting to District Financial Services Office for payment. Fin. Proj. No.: 421891-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners. I. TOTAL PROJECT COST: II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In -Kind Cash Other $51,000 95.00% $48,450 2.50% $1,275 Maximum Department Participation:** Primary (DS) (DDR) (DIM) (PORT) 2.50% $1,275 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $51,000 Fin. Proj. No. 421891-1-94-01 Contract No.: Agreement Date: EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners. A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 (11 /29/2005) relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non -aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost -feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 (11 /29/2005) shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10, Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. Joint Participation Agreement (JPA) Exhibit C Page 3 (11 /29/2005) 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer -aided drafting (CAD) files of the airport layout plan. b. Developing a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost - feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost -feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. Joint Participation Agreement (JPA) Exhibit C Page 4 (11 /29/2005) 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. Joint Participation Agreement (JPA) Exhibit C Page 5 (11 /29/2005 ) 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. .3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 6 (11 /29/2005) Fin. Proj. No.: 421891-1-94-01 Contract No.: Agreement Date: EXHIBIT D PROJECT AUDIT REQUIREMENTS The administration of resources awarded by the Department to St Lucie County Board of County Commissioners may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to St. Lucie County Board of County Commissioners regarding such audit. St Lucie County Board of County Commissioners further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Joint Participation Agreement (JPA) Exhibit D Page 1 of 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. 1n connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Joint Participation Agreement (JPA) Exhibit D Page 2 of 5 Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Joint Participation Agreement (JPA) Exhibit D Page 3 of 5 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directl to: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Joint Participation Agreement UPA) Exhibit D Page 4 of 5 e EXHIBIT —1 STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount Department of Transportation 55004 — Aviation Development Grants $1,275 Objectives 1. To provide funding for airport planning, airport improvement, land acquisition, and airport economic development. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Joint Participation Agreement (JPA) Exhibit D Page 5 of 5 AGENDA REQUEST ITEM NO.C-913 DATE: September 26, 2006 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis, Director SUBJECT: Approve Kimley-Horn Work Authorization No. 26 to Prepare Construction Documents to Relocate Existing Drainage Ditch in the FBO Development Area BACKGROUND: The Board held a workshop in November 2003 to discuss the aviation development of approximately 10 acres of property located at the intersection of taxiway E and B at the airport. Discussion ensued about the need to make several infrastructure improvements, and complete the environmental mitigation before the site could be made available for development; specifically, taxiway E needed to be rehabilitated, the airport's drainage ditch needed to be relocated, and an environmental assessment needed to be completed for the site. This work authorization is the site preparation of construction documents for the relocation of approximately an 800 foot section of an existing drainage ditch in the FBO development area. Relocation of the existing drainage ditch in the FBO development area completes the project set forth at the workshop and now enables the FBO to begin development. FUNDS AVAILABLE IN ACCT#: Funds are available in account # 140339-4220-563005-48008 PREVIOUS ACTION: Grant funds accepted in September 2004. BOCC awarded contract for ARFF ditch relocation in May 2006, change order for extension of time awarded July 2006. RECOMMENDATION: Staff recommends the Board approve Kimley-Horn's scope of services and Work Authorization No.26 for the preparation of construction documents for the relocation of the existing drainage ditch in the FBO development area and authorize the Chair to execute same for the St. Lucie County International Airport. COMMISSION ACTION: Approved 5-0 CONCURRENCE: [)PPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals County Attorney: ` � OMB6,U' � Purchasing Originating Dep j ther: Other: Finance:(Check for Copy nly, if applicable) St. Lucie County International Airport Staff Report DATE: September 14, 2006 TO: Board of County Commissioners FROM: Diana Lewis, Airport Director SUBJECT: Agenda C-9B for 09/26/2006 to Approve Kimley-Horn Work Authorization 26 In November 2003, the Board held a workshop to discuss the aviation development of approximately 10 acres of property located at the intersection of taxiway E and B at the airport. Discussion ensued about the need to make several infrastructure improvements, and complete the environmental mitigation before the site could be made available for development; specifically, taxiway E needed to be rehabilitated which was completed early this year. The airport's drainage ditch needed to be relocated, and an environmental assessment needed to be completed for the site which is in the completion stages. The airport was able to negotiate with FDOT to utilize the Construct Apron funds to prepare the environmental mitigation for the proposed site. Site work on this project involved planning and permitting for future development. Kimley-Horn engineers will prepare construction/bid documents and oversee construction. Kimley-Hour's scope of services and Work Authorization No. 26 for this project is attached in the amount of $15 8,140 Florida Department of Transportation will fund $126,512 of the project with matching fund of $31,628 for a project total of $15 8,140. The construction documents will relocate the drainage ditch in the FBO development area and the scope of work will take the project out to bid and oversee construction in Work Authorization No. 26.The FBO will be able to begin future development after completion of this project. Staff recommends the Board approve Kimley-Horn's Work Authorization No. 26 to prepare construction and bid documents, and over see construction for the relocation of this drainage ditch in the future development of the FBO site and authorize the Chair to execute same. WORK AUTHORIZATION NO.26 St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. CO3-10-636 Relocation of Existing Drainage Ditch in FBO Development Area Pursuant to that certain Contract (the "Agreement') between St. Lucie County (The "County"), as successor in interest to the St. Lucie County Port and Airport Authority, and Kimley-Horn and Associates, Inc. (the "Engineer") dated October 14, 2003, the Engineer agrees to perform and successfully complete the Scope of Services along with the schedule for completion of the work attached hereto and made a part hereof as set forth in Exhibit A. Compensation to the Engineer shall be as described in Exhibit B. IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of )2004. ATTEST: WITNESS: BOARD OF COUNTY COMMISISONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: KIMLE -HORN AND ASSOCIATES, INC. BY: David R. Bardt, P.E., Vice President DATE:�- EXHIBIT A SCOPE OF SERVICES FOR St. Lucie International Airport Relocation of Existing Drainage Ditch in FBO Development Area Overview The general scope is to provide professional engineering services for improvements at St. Lucie County International Airport. This work order involves site preparation of construction documents for relocation of an approximately 800 foot section of an existing drainage ditch in the FBO Development Area at St. Lucie International Airport. Task 1: Kick-off Meeting and Records Review A kick-off meeting will be held to define project requirements and coordinate field investigation activities. Engineer's Project Manager will meet with the County to define the proposed project elements, potential alternatives including relocation as an open ditch, confining flow to a pipe system or a combination of both. Engineer's Project Manager will meet with the County and the current tenant to discuss project and impact on tenant operations and development plans. Task 2: Design Phase During the design phase, the Engineer will prepare drainage calculations, construction plans, technical specifications, Engineering Report and a Preliminary Opinion of Probable Construction Cost for the relocation of the existing drainage ditch from the intersection of Taxiways Bravo and Delta to the connection to the pipe on the west side of Jet Service Center Dr. This will include construction of a new ditch, pipe or combination system and backfilling of the existing ditch. The plans will be developed in a manner to maintain the drainage outfall during construction. It is anticipated that the plan sheets will include: 1. Cover Sheet 2. Notes and Quantities Sheet 3. Safety Plan 4. Safety Notes and Details (2 sheets) 5. Existing Conditions Plan 6. Plan Sheets (3 sheets) 7. Detail Sheets (3 sheets) Engineer will submit plans, technical specifications, and Engineering Report to the County for review at 90% & 100%. Comments or questions raised by the County at this review will be incorporated in the plans. Engineer will prepare drainage calculations including pre and post development calculations to determine proper size of new ditch or pipes. Engineer will prepare permit applications for modification of existing SFWMD permit to allow construction. Engineer will prepare vegetation clearing permit application for completion by the contractor. Contractor will be required to provide information and actually "pull" the permit. Engineer will prepare permit applications for nationwide dredge and fill permit (Section 404) from the US Army Corp of Engineers and respond to on request for additional information. Site plan approval, other environmental permits and any other permits required are not included in this task order. Deliverables: 1. 5 copies (11 "x17") of the plans at 90% & 100% completion 2. 5 copies of Technical Specifications at 90% & 100% completion. 3. 5 copies of Engineering report at 90% & 100% completion 4. Preliminary Opinion of Probable Construction Cost at 90% & 100% completion. 5. Electronic Copies of Plans and Specifications at 100% completion. Task 3: Bid Phase After acceptance by the County of the Bidding Documents (100% Plans and Technical Specifications) and the most recent opinion of probable Construction Cost, and upon request by County, we will: (1) Attend a Pre -Bid meeting for prospective bidders (2) Provide responses to questions raised by potential bidders during advertisement and review time. (3) Prepare up to one (1) addendum as may be required during the advertisement. Review bids submitted and assist the County in evaluating bids Task 4: Construction Phase Following the County's Award of the construction contract and Notice to Proceed to the successful Contractor, the Engineer will assist the County in administer the contract by providing the following services based on a construction period of not more than 60 days. During the construction phase, the Engineer will: (1) Participate in a Pre -Construction Conference before commencement of Work at the Site. (2) Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. (3) Participate in weekly construction meeting with the Contractor and the County and provide written minutes. (4) Make periodic visits during construction to visually observe progress of the project for general compliance with the plans and to review the contractor's progress. Full time Resident Project Representative services are not included in this task order. (5) Review contractor's shop drawings and other submittals. (6) Recommend Change Orders and Work Change Directives to County, as appropriate. (7) Review the Contractor's monthly partial payment requests, and recommend payment as appropriate. (8) Subcontract with a materials testing company for field and laboratory testing. (9) Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that we may recommend, in writing, final payment to Contractor. (10) We shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. We shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. SCHEDULE Tasks 1 & 2 will be complete within 90 days of notice to proceed except for completion of SFWMD permitting which is dependent upon governmental agency action. Tasks 3 & 4 will be completed upon a schedule outlined by the County. ADDITIONAL SERVICES Permitting other than SFWMD permit modification for the existing conceptual permit are not included in this scope of service and if required, shall be considered as additional services. ' A W N .-• W O W N. N N— OCD aoJO — ��—� VtA W W N- — �O' cD aD -0 J O cn A W N N p lD � O n -%,- 3 „b �, a n(n��l n�T)p�� 0�10 a m v�C»��N m m 0 m� o 0 M o m O< m M ax�c � o 0 0 c 3 0 �m S v C nm o m m M Om m m �v 3 a�D o 0 f > NNCD�DfD�wwan�9=ri w��'33 mC» o Q c ?mcn�om CD 3 D mmcTcTNw.3�mm m� G��N m w Co 0 0 3 cr p n CD cD o o C» M 3 3, m c\i n�i 3 o a>> o a o a� CD� d o �� . S m `� �' 7 y v 10 m= 0 C(D� C v ID �� H O n C N D> Dl cD 7 Q c N cD O N (7 O. G f+ N Encn ;_^ �. 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FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends that the Board award a portion of Bid 1 #06-106 — Sale of a surplus tractor (PR#800034) to the sole bidder, Mr. Dennis Burney for $106.50. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 County Attorney: ( X) > Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: Other: CONCURRENCE: Doug A en County dm Purchasing Dir.: (X) Other: PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 19, 2006 RE: Award of 'Bid #06-106 — Sale of Surplus Golf Equipment BACKGROUND: On September 6, 2006, the sole submittal received for Bid #06-106 — Sale of Surplus Golf Course Maintenance Equipment was opened. One hundred and eighty-two (182) companies were notified and five (5) documents were distributed. The Parks & Recreation Department has recommended award of the tractor to the sole bidder, Mr. Dennis Burney for $106.50. RECOMMENDATION: Staff recommends that the Board award a portion of Bid ' #06-106 — Sale of a surplus tractor (PR#800034) to the sole bidder, Mr. Dennis Burney for $106.50. Parks and Recreation Department Memorandum To: Desiree Cimino, Acting Director, Purchasing Department From: Debra Brisson, Director��.-- Subject: Sale of Surplus Golf Course Maintenance Equipment (Re -Bid) Bid #06-106 Date: September 15, 2006 I hereby accept and approve the bid of Dennis Burney in the amount of $106.50 to purchase a surplus tractor (PR #800034) from Fairwinds Golf Course per Bid #06- 106 Thank you for processing Mr. Burney's successful bid. DB:bjh cn �- DD3 V MEMORANDUM PARKS & RECREATION DEPARTMENT Fairwinds Golf Course TO: Matt Baum, Golf Course Manager 4' FROM: Chris Gamble, Golf Course Superintent6--- DATE: September 13, 2006 SUBJECT: Bid # 06-106 acceptance In reference to Bid #06-106 — Sale of Surplus Golf Course Maintenance Equipment, item #5 Tractor (PR#800034), I would like to request acceptance of the bid from Mr. Dennis Burney in the amount of $106.50 (tax included). This is the only item for which a bid was received. Please forward this acceptance request to Debra Brisson for authorization to Desiree Cimino in the Purchasing Department. Thank you for your assistance. A BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT DESIREE CIMINO INTERIM DIRECTOR TABULATION SHEET -Bid# 06-106 SALE OF SURPLUS GOLF COURSE MAINTENANCE EQUIPMENT (RE -BID) OPENED: MAY 17, 2006 AT 2:30 P.M. ONE SUBMITTALS WAS SUBMITTED: Dennis Burney 8206 Paso Robles Blvd., Fort Pierce, Florida 34951 Phone: (772) 201-7741 5. Tractor (PR#800034): $106.50 Items 1-4, 6-17: No Bid NUMBER OF COMPANIES NOTIFIED*: 182 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 5 NUMBER OF BIDS RECEIVED: 1 *per demandstar.com JOSEPH E. SMITH, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 ♦ FRANNIE HUTCHINSON, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator — Douglas M. Anderson 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 website: www.co.st-lucie.fl.us AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C-10B DATE: 9/26/06 REGULAR( ) PUBLIC HEARING () CONSENT (X) PRESENTED BY: SUBMITTED BY (DEPT): Purchasing Desiree Cimino, Interim Director SUBJECT: Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment for Fiscal year 2006-2007. This is for the Solid Waste Department and Central Service Department - Service Garage. BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to Kelly Tractor for Caterpillar parts and service, Flagler Equipment Company, L.B. Smith for Volvo and Samsung parts and service, Sierra International Machinery, LLC for MacPress balers and conveyors parts and service, Continental Biomass Industries, Inc. for grinder parts and service, Lubo USA, LLC for C & D processing equipment parts and service, Menzi USA for Menzi Muck parts and services and Great Southern Equipment for Gradall parts and services. Each of the vendors has protected territories from each manufacturer. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Sept. 26, 2000 - BOCC approved bid waiver and sole source. Oct. 9, 2001 - BOCC approved bid waiver and sole source. Oct. 8, 2002 - BOCC approved bid waiver and sole source. Sept. 23, 2003 - BOCC approved bid waiver and sole source. Oct. 12, 2004 - BOCC approved bid waiver and sole source. October 4, 2005 - BOCC approved bid waiver and sole source. RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the parts and services to the following companies: Kelly Tractor for Caterpillar, Flagler Equipment Company, L.B. Smith, for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Continental Biomass Industries, Inc. for grinder, Lubo USA, LLC for C&D processing equipment, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney:(X) " Originating Dept: Coordination/Signatures Mgt. & Budget:;() Other: ICI Doug CountInjIlk-c mi Purchasing Mgr.: X) Other: Finance: (Check for Copy only, if Applicable) 0 Page 1 of 1 Desiree Cimino - Sole Source Agenda Request From: Debbie Scribner To: Desiree Cimino Date: 9/19/2006 4:06 PM Subject: Sole Source Agenda Request CC: Leo Cordeiro Hi - would you please prepare an Agenda request for a sole source declaration for service and parts for Continental BioMass Industries, Inc, Lubo USA, Flagler Equipment Company and Kelly Tractor for FY 2006-07. Thank you. Debbie file://C:\Documents%20and%20Settines\Desiree\Local%20Settings\Temp\GW100001.HTM 9/19/20(1( 13 AGENDA REQUEST ITEM NO. C- I I TO: Board of County Commissioners DATE: September 26, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Cultural AffairsCU&� Jody B t, Itirector SUBJECT: Request for Board approval to submit a grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for the Historical Museum Outdoor Educational Exhibit. BACKGROUND: The DEP Coastal Partnership grants have been used to build boardwalks and other coastal improvements in the past. The grant funds can be used for improvements to park facilities that relate to historical and cultural resources. The grant request will be for $50,000 and requires an equal match. The funds will be used to assist with the construction of the sidewalk, moving the landing craft, and other capital items associated with this project. The five kiosks are being repaired with FEMA funds and will be used for the educational component of the sidewalk project. There is currently $60,000 in the budget that will be rolled over into the next year to complete this project and be used as a match to this grant. FUNDS AVAILABLE: Account # 00 1 -7910-599330-700 Project Reserve for this project. PREVIOUS ACTION: BOCC approved the project concept in July 2003. RECOMMENDATION: Approve the submittal of a grant application to the Florida Department of Environmental Protection Coastal Partnership Initiative for the Historical Museum Outdoor Educational Exhibit. COMMISSION ACTION: CONCURRENCE: APPROVED [] DENIED [] OTHER: Approved 5-0 Douglas A. An er County minis or Review and Approial County Attorney: L Management & Budget: urchasing: Originating Dept: Other: ther: Finance: X (Check for Copy only, if applicable) Effective: 5/96 F Cultural Affairs Department MEMORANDUM #06-06 TO: Board of County Commissioners FROM: Jody Bonet, Director �- SUBJECT: Authorization to apply for DEP Coastal Partnership Grant DATE: September 19, 2006 In July 2003, the Board approved moving forward with an outdoor educational exhibit that features the boating and fishing history of the Treasure Coast. Five educational kiosks were funded with Division of Historical Resources grants and the sidewalk where they would have been placed was never completed. At the September 19, 2006 BOCC meeting the Board approved the work authorization with Keith and Schnars, PA to design and engineer the project. If awarded Coastal Management funds will be available from July 1, 2007 to June 30, 2008 and will assist with capital improvements to the site. The goal is to use the funds to move the landing craft and add other large boating artifacts for the public to experience our boating heritage. The match is in the current budget and will assist with the sidewalk construction and other improvements to the site. Staff Recommendation: Staff recommends that the Board of County Commissioners authorize the submission of a grant to the Department of Environmental Protection Coastal Partnership program for capital funds to assist with the development of the educational heritage sidewalk project. Florida Administrative Weekly Volume 32, Number 34, August 25, 2006 DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices for the Department of Environmental Protection between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.ust under the link or button titled "Official Notices." COASTAL PARTNERSHIP INITIATIVE, REQUEST FOR PROPOSALS, FY 07-08 The Florida Coastal Management Program (FCMP), of the Department of Environmental Protection, announces the availability of funds for innovative coastal projects under its COASTAL PARTNERSHIP INITIATIVE for fiscal year 2007-2008. Eligible applicants include local governments within the 35 coastal counties, national estuarine research reserves (NEAR), and national estuary programs (NEP). Eligible applicants also include public and private colleges, universities, regional planning councils and nonprofit groups, as long as an eligible local government, NERR, or NEP agrees to participate as a partner in the application and project. Applications must be received no later than 4:00 p.m. (EDT), October 24, 2006. Selected proposals will be included in the FCMP application to the National Oceanic and Atmospheric Administration (NOAA) for fiscal year 07-08 which. begins July 1, 2007 and ends June 30, 2008. The purpose of the COASTAL PARTNERSHIP INITIATIVE is to inspire community action and promote the protection and effective management of Florida's coastal resources in four specific categories: WORKING WATERFRONTS, . ACCESS TO COASTAL RESOURCES, REMARKABLE COASTAL- PLACES, and COMMUNITY STEWARDSHIP. These categories are described in Rules 62S-4.004-.005, and subsection 62S-4.007(2), Florida Administrative Code (F.A.C.), along with other information about the COASTAL PARTNERSHIP INITIATIVE grant program, including the required information to be included in the application; the format in which it is to be submitted; application submittal procedures; and the criteria and procedures by which applications will be evaluated and ranked. There is no specific application form. A copy of Chapter 62S-4, F.A.C., may be printed from the FCMP website at http://www.dep.state.fl.us/cmp/grants/ index.htm. Important details regarding the COASTAL PARTNERSHIP INITIATIVE grant process: • Financial assistance is available as reimbursement grants ranging from a minimum of $15,000 to a maximum of $50,000. • Recipients are required to provide 100 percent (one-to-one) matching contributions in the form of goods and services that directly benefit the specific grant project. • There are additional requirements for applications involving construction, exotic species removal, vegetative restoration, and land acquisition, including: • The application package must include a completed and signed 306A checklist form, which may be obtained at htp://www.dep. state.fl.us/cmp/grants/files/306a.doc. Applicants proposing a construction activity must conduct preliminary consultation with appropriate local, state, and federal regulatory agencies. A summary of the consultation must be included in the COASTAL PARTNERSHIP INITIATIVE application or it will be considered incomplete and will not be processed. • Construction activities occurring in designated Coastal Barrier Resource Act units are subject to additional review and approval by NOAA and/or the U.S. Fish and Wildlife Service. • Nonprofit organizations are not eligible to receive FCMP funds for these types of activities. For questions or to request a copy of Chapter 62S-4, F.A.C., or the 306A Checklist, please contact Ms. Domecia Allen, FCMP, MS 47, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000, by telephone (850)245-2161, or by email to Domecia.Allen@dep.state.fl.us. Section XI -Notices Regarding Bids, Proposals and Purchasing 4011 TO: AGENDA REQUEST ITEM NO. C-12 A Board of County Commissioners DATE: September 26, 2006 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Community Services C Beth Ryder, Director SUBJECT: Request for Board approval to authorize the Chair to sign the Contract for Sale and Purchase for Real Property for one lot for the Avenue D transit transfer facility. BACKGROUND: With funds, from an FDOT Intermodal grant and an eventual 50% match from the Fort Pierce Redevelopment Agency (FPRA), staff recommends purchase of the one lot currently owned by Jimmie Troutman. Appraisals and title work has been completed for the five lots on this site that have three different owners. Jimmie Troutman has requested $60,000 for the lot that is appraise for $46,000 for the 100, x 152' parcel that is zoned Commercial. The attached Memorandum 06-253 explains the background of the proposed project and staffs recommendation to move forward with acquisition of this site. The parcel immediately abutting this parcel and Ave D is appraised at $91,000 and is in the process of being acquired for this project. FUNDS AVAILABLE: Account # 130204-4910-561000-400 Ave D Intermodal Grant PREVIOUS ACTION: BOCC approved the FDOT JPA for $225,000 grant on March 22, 2005. RECOMMENDATION: Authorize the Chair to sign the contract for Sale and Purchase for Real Property for one lot for the Avenue D Transit Transfer Facility. COMMISSION ACTION: CONCURREN XAPPROVED [J DENIED (] OTHER: Approved 5-0 Douglas . An County A An Review and Appr6.als County Attorney: 1/d^ Management & Budget: Gt� 4 urchasing: Originating Dept: Other: � Other: Finance: (Check for Copy only, if applicable) Effective: 5196 COMMUNITY SERVICES MEMORANDUM #06-253 TO: Board of County Commissioners FROM: Beth Ryder, Director SUBJECT: Contract Approval for Troutman Parcel at Avenue D Transfer Facility DATE: September 19, 2006 On March 22, 2005, the Board approved a Joint Participation Agreement with Florida Department of Transportation Intermodal Program for a grant of $225,000. The grant will assist in the purchase of land and the development of the property for a transit transfer facility at the corner of Avenue D and 8t' Street. This project has been approved as a partnership project with the Ft. Pierce Redevelopment Agency and the acquisition cost will be shared 50%. The FPRA has already purchased the lot adjacent to Moore's Creek and the County is in the process of purchasing two of the three remaining lots on this block that are owned by Joseph Chacko and Samuel Gaines. This is the largest vacant block available that connects Avenue D with Moore's Creek and is already the location of the transit transfer station. Thus, this parcel is an integral part of the Moore's Creek transit and greenway project. Once all of the lots are. purchased, the County and FPRA will work together to develop a site plan for the transit transfer area. At this time, three bus routes come to this site and the site will link to the future improvements of the Moore's Creek Greenway project. Restrooms, a manned ticket booth and possibly a maintenance office will be located on this site so the site is safe and comfortable for the transit users. FDOT, Federal Transit Administration, and FPRA funds will assist with the overall improvement of the site and the Moore's Creek Greenway. Staff Recommendation: Staff recommends that the Board authorize the Chair to sign the Contract for Sale and Purchase for Real Property with Jimmie Troutman. Attachments ( 1 ) w 1 -- 0160011. (601-0124- Transit Transfer Facility at IV (60012) 900/5, �12-0007-000/8j OOOIO) 0002) Avenue D & 8th St. - 7(712--00-0&J 000/5) Legend 0127-000/6) jBp1. r 0 30 so so 120 ma91 Subject parcels m=VENUE E (601-0106-00013) - + s p (501-0095-0002) (601-008o- -000/4) (601-009600019) (601-0101.00018) (601-0097-000/6) ,sa (601-0081- -0098-00013) coon) F ,a. taa (7050158- (7054 000/9) -000/ x s x s s as s s (7010159- Oos 000/6) 0157. F (601-0099-0o0/0) _ CEDAR ST +so - (601-0100-000/1) +6a mta (601- �y (601- (801- (601- mapl 0069- 0090. 0091- 0094- 000n) 000/7) 00d4) 00015) 086- (601-0092 6) -000/1) ® a o ba so so .p (601-0142- ss sp sa sp 000n) 160t- 010,- - ry0t- � a1.0 — 0105 Im,• sa a s 6 0 0100. 0 m!) O0a6) by 0137. m69) - a s (6010 - 6 o .. o 0141- (601-0148- too,. om 010/3) . 00019) 00a . K (601-0134000/8) Ot.a morn S a a 000r61 ` >, . nos 1,os•o,�s. 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(601-0172-00016) 000/4) - 6 o 000/1) 000/e) 00015) - 0002) f 00N21 000/6) JOAnn Riley -Troutman Property Page 1 From: "Robert Kunkle" <rwabk@bellsouth.net> To: "Joann Riley" <jriley@stlucieco.gov> Date: 9/20/2006 5:28:11 PM Subject: Troutman Property As we discussed on September 20, 2006 on the telephone, the Troutman counter-offer of $60,000 is within our range of value. This equates to a $3.95/SF value. Our original value was $3.00/SF, with our adjusted range of value being $2.75/SF to $5.97/SF. We feel the counter-offer value of $3.95/SF to be an acceptable value for the property. Robert Kunkle Deighan Consultants (772) 785-6461 phone (772) 873-8480 fax (772) 529-3445 cell PROJECT NAME: Transit Transfer Area at Avenue D and 81h Street PARCEL NAME: Troutman 2410-601-0199-000-1 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY THIS AGREEMENT made this day of , 2006. between JIMMIE F. TROUTMAN whose address is 404 North 23' Street Fort Pierce, Florida 34950, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: Lots 3 and 4, Block N, Fee and May's replatted Subdivision PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is SIXTY THOUSAND Dollars, ($60,000.00), determined to be the total of the following: Real Property (Land) Improvements Other than Buildings Personal Property Severance Damages Other (describe) 60 000 00 .00 00 00 Payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey title to Purchaser by a good and sufficient statutory Warranty Deed, and if personal property is included, same shall be conveyed by proper Assignment or Bill of Sale, all real and personal property to be free and clear of all liens, judgments, and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by Seller, Seller shall make and deliver to Purchaser a Mechanic's No -Lien Affidavit as to realty and an Affidavit as to no liens or encumbrances of any personal property. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the Seller. 7. RISK OF LOSS. Seller assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 2 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before DECEMBER 31, 2006 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the Purchaser, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 3 15. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to deed recording, provided delivery of the deed and payment of the purchase price occur in the same day at the same time. 17. RECISION. Purchaser may rescind this contract if at the time of closing the Seller is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of any one of the Sellers to execute the deed or any other required document, shall be deemed default of the Seller. 20. OFFER TO SELL. Seller and Purchaser recognize and agree that by signing this agreement first, the Seller is offering to sell the property described in Exhibit "A" to the Purchaser in accordance with the terms and conditions of this agreement. If Purchaser shall fail to approve this agreement within sixty (60) days after Seller signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "A" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which Seller warrants and represents is true and ,correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule, and none will be agreed to M prior to closing without Purchaser's consent. True and correct copies of all said leases, if any, have been delivered to Purchaser, and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "A", alterations, installations, and other work required to be performed by the Seller under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) Neither Seller nor the respective tenants nor parties to any of the agreements listed in Exhibit "A" attached hereto are in default under the terms of said Agreement of instrument. (c) Seller has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms -length transaction. True and correct copies of said instruments have been delivered to the Purchaser, and the Seller represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) Seller warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject property or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser. (f) Annexed hereto and made a part hereof as Exhibit 7" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to Purchaser true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and :prior to closing, Seller will not enter into any lease or agreement or any modification of any existing lease of agreement pertaining to the subject property without the written consent of Purchaser. (h) All of Seller's representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, Seller shall at its sole cost and expense defend against such claim or cause of action, and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller's retaining such attorneys or other persons as may be required to fulfill this indemnification. (i) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereto and Seller has received no notice of any such violation. Seller shall deliver to Purchaser any such notice received prior to or after closing. If any of the representations of Seller contained in this paragraph are inaccurate at the present time or as of the date of closing, -- Purchaser may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude Purchaser from seeking specific performance of Seller's obligations hereunder so as to rectify any misrepresentation made by Seller herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. In the event that, between the effective date of this Contract and the closing of the transaction contemplated herein, environmental contamination of the Property has resulted or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract without further liability. Should the Purchaser elect not to terminate this Contract, Purchaser shall be entitled to an appropriate adjustment in the purchase price based upon the estimated cost of clean up of the environmental contamination. In the event that environmental contamination is discovered after closing, Seller shall remain obligated, with such obligation to survive delivery of the deed and possession, to diligently pursue and accomplish the clean up of any environmental contamination where the event(s) alleged to have caused the contamination occurred prior to closing in a manner consistent with all applicable laws, rules, regulations and ordinances and at Seller's sole cost and expense. In addition, Seller represents that the ground water in Sellers cone of influence is not contaminated. Seller shall indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action r of whatsoever kind arising from the environmental contamination. Seller shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which the environmental contamination is alleged to be a contributing legal cause. Seller shall save the Purchaser harmless from and against all judgments, orders, decrees, attorney fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this _ day of .2006. Witness as to Jimmie F. Troutman Jimmie f. Troutman Witness as to Jimmie F. Troutman STATE OF FLORIDA, COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2006, Jimmie Troutman, who is personally known to me or who has produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) SEAL Notary Public Print, Type or Stamp Name of Notary Commission No: My Commission Expires: 7 EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK day of .2006. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney SELLER PLEASE NOTE WHETHER OR NOT ANY OF THESE EXHIBITS ARE APPLICABLE IF APPLICABLE, PLEASE PROVIDE INFORMATION IF NOT APPLICABLE, PLEASE NOTE N/A ADJACENT TO THE EXHIBIT LETTER EXHIBIT "A" SELLER'S REPRESENTATIONS Improvements other than buildings EXHIBIT "B" Schedule of leases, Tenancies and Occupancies EXHIBIT "C" Contracts, Licenses, and Agreements EXHIBIT "D" Operation, Maintenance, and Employment Agreements EXHIBIT "E" Policies of Insurance 6 kC"�(3C//��N}�Trr7�-- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Division ITEM NO. CA'-a-8 DATE: September 26, 2006 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Beth Ryder, Director SUBJECT: Approve the contract with the State of Florida for operation of the St. Lucie County Health Department. BACKGROUND: In order to coordinate the operation of the Health Department and pursuant to Chapter 154.01(2), F.S. the Board of County Commissioners enters into a contract each year with the State of Florida for public health services, personal health services, primary care services and miscellaneous services. FUNDS AVAIL. NIA PREVIOUS ACTION: The Board approved Resolution # 06-215 amending the Health Department Schedule of Fees at the meeting held on July 11, 2006. RECOMMENDATION: Approve the contract with the State of Florida for a total project amount of $18,150,877.00 including funds from State General Revenue, other State Funds, Federal Funds and $1,153,000.00 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department and authorize the Chairman to sign the necessary documentation. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 r __ Coordination/Sicinatures i� County Attorney:X Management & Budge !' � 1 rchasing: Originating Department: Other:_SLC Health Dept. Finance: Check for copy only, if applicable X COMMUNITY SERVICES MEMORANDUM #06-254 TO: Board of County Commissioners FROM: Beth Ryder, Director SUBJECT: Health Department Contract DATE: September 26, 2006 In order to coordinate the operation of the Health Department and pursuant to Chapter 154, F.S. the Board of County Commissioners enters into a contract each year with the State of Florida for public health services, personal health services, primary care services and miscellaneous services. RECOMMENDATION: Approve the contract with the State of Florida for a total project amount -of $18,150,877.00 including funds from State General Revenue, other State Funds, Federal Funds and $1,153,000.00 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department and authorize the Chairman to sign the necessary documentation. FLORMA DEPARTMENT OF HEALT Jeb Bush M. Rony Frangois, M.D., M.S.P.H., Ph.D. Governor Secretary, Department of Health INTEROFFICE MEMORANDUM DATE: TO: Gary J. Mahoney, Director Division of Administration FROM: Administrator/Director Larry Lee, RN St. Lucie County Health Department SUBJECT: Core Contract Certification INFORMATION ONLY XX I certify that no changes have been made to the 2006-2007 Core Contract document or attachments by the St. Lucie County Health Department. ❑ I certify that the following changes have been made to the 2006-2007 Core Contract document and attachments by the County Health Department as follows: (Administrator/Director) Date XXX County Health Department 9 Address e City, State Zip Code CONTRACT BETWEEN St. Lucie COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE St. Lucie COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2006-2007 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the St. Lucie County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2006. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout. Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. St. Lucie County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It.is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree ' that this Agreement shall be effective from October 1, 2006, through September 30, 2007, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and *child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment 11, Part II is an amount not to exceed $ 5,249,152.00 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The States obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment 11, Part 11 is an amount not to exceed $1.153.000.00 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund St. Lucie County 5150 NW Milner Dr. Port St. Lucie, FL 34983 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non -categorical sources, of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health .as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile"report located on the Office of Planning, Evaluation & Data Analysis Intranet site).. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all county -purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in St. Lucie County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly, status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information' concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of. Budget Management. 4 p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2007 for the report period October 1, 2006 through December 31, 2006; ii. June 1, 2007 for the report period October 1, 2006 through March 31, 2007; iii. September 1, 2007 for the report period October 1, 2006 through June 30, 2007; and iv. December 1, 2007 for the report period October 1, 2006 through September 30, 2007. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance *coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. . TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an 17 obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2007, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: Jim Gilbert Name Admin Services Director I Title St. Lucie County Health Dept. 5150 NW Milner Dr. Port St. Lucie, FL 34983 Address 772-873-4884 Telephone For the County: Beth Ryder Name Community Services Director Title St. Lucie County 4377... Street Ft. Pierce, FL 34952 Address 772-462-1772 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. C. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the parties hereto have caused this 9th page agreement to be executed by their undersigned officials as duly authorized effective the 1�day of October, 2006. BOARD OF COUNTY COMMISSIONERS FOR St. Lucie COUNTY SIGNED BY: NAME: Doug Coward TITLE: Chairman DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: Clerk. of the Court DATE: STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: M. Rony Francois, M.D., M.S.P.H., Ph.D. TITLE: Secretary DATE: SIGNED BY: NAME: Larry Lee TITLE: CHID Director/Administrator DATE: / D� ATTACHMENT St. Lucie COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children. 4. Healthy Start/ Improved Pregnancy Outcome 5. - Family Planning 6. Immunization 7. Chronic Disease Program 8. Environmental Health 9. HIV/AIDS Program Requirement Requirements as specified in FAC 64D-3, F.S. 381 and F.S. 384 and the CHD Guidebook. Monthly reporting on DH Form 1008*. Service documentation and monthly financial reports as specified in DHM 150-24* and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the Healthy Start Standards and Guidelines 1998 and as specified by the Health Start Coalitions in contract with each county health department. Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14* Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. Requirements as specified in the Community Intervention Program (CIP) and the CHD Guidebook. Requirements as specified in DHP 50-4* and 50-21* Requirements as specified in Florida Statue 384.25 and 64D-3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting on CDC Forms 50.4213 (Adult/ Adolescent) and 50.42A (Pediatric). Socio-demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post -Test Counseling Form 1633. These reports are to be sent to the Headquarters HIV/AIDS office within 5 days of the initial post-test counseling appointment or within 90 days of the missed post-test counseling appointment. ATTACHMENT I (Continued) 10. School Health Services HRSM 150-25*, including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. a) t�4 co L O O C C L O 7 � O N 0 U 6 N ca c�a 0 E= c U ( ca W o m co O cc 0 c 0)0LL0 c c o O N o ca a) � O d) E= c U ca W o Co H Q a co O O M 0) O a) C) C ca cc m 0 C_ C W c LL N H .w T 0 cM O } aEi Ia) w v, C O 0 U co L 0 O N 3 r 0 3 o Cc o O cv (D U � O O N U a o 4) o E N 7 .0CL U a) a) (n 0 O aco d N ca - L) cv � �U L 0 cn O r a) O) .0 7 .0 O C c`c a) C. O ca C c N N 0 C 2 ) a Ln O 0 rn c w N .N c a) Z a) N O c 0 a) a 0 C E cc Working Copy ATTACHMENT IL SAINT LUCIE COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CND County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 1. GENERAL REVENUE - STATE 015040 ALG/CESSPOOL IDENTIFICATION AND ELIMINATION 0 0 0 0 0 015040 ALG/CONTR TO CHDS-AIDS PATIENT CARE 100,000 0 100,000 0 100,000 015040 ALG/CONTR TO CHDS-AIDS PREV & SURV & FIELD STAFF 128,331 0 128,331 0 128,331 015040 ALG/CONTR TO CHDS-DENTAL PROGRAM 0 0 0 0 0 015040 ALG/CONTR TO CHDS-MIGRANT LABOR CAMP SANITATION 2,608 0 2,608 0 2,608 015040 ALG/CONTR. TO CHDS-IMMUNIZATION OUTREACH TEAMS 13,702 0 13,702 0 13,702 015040 ALG/CONTR. TO CHDS-INDOOR AIR ASSIST PROG 0 0 0 0 0 015040 ALG/CONTR. TO CIIDS-MCH HEALTH - FIELD STAFF COST 0 0 0 0 0 015040 ALG/CONTR. TO CHDS-SOVEREIGN IMMUNITY 0 0 0 0 0 015040 ALG/CONTRIBUTION TO CHDS-PRIMARY CARE 27,018 0 27,018 0 27,018 015040 ALG/FAMILY PLANNING 51,230 0 51,230 0 51,230 015040 ALG/IPO - OUTREACH SOCIAL WORKERS CAT. 050707 0 0 0 0 0 015040 ALG/IPO HEALTHY START 0 0 0 0 0 0 015040 ALG/IPO HEALTHY START/IPO CAT 050707 0 0 0 0 015040 ALG/IPO-INFANT MORTALITY PROJECT CAT. 050707 0 0 0 0 0 015040 ALG/MCH HEALTHY START/IPO CAT 050870 0 0 0 0 0 015040 ALG/MCH-INFANT MORTALITY PROJECT CAT. 050870 0 0 0 0 0 015040 ALG/MCH-OUTREACH SOCIAL WORKERS CAT 050870 0 0 0 0 0 015040 ALG/PRIMARY CARE 349,616 0 349,616 0 349,616 015040 ALG/SCHOOL HEALTH/SUPPLEMENTAL 0 0 0 0 0 015040 CATE ESCAMBIA 0 0 0 0 0 0 015040 CHD SUPPORT SERVICES 0 0 0 0 0 015040 CLOSING THE GAP PROGRAM 0 0 0 0 015040 COMMUNITY SMILES - DADE 0 0 0 0 0 130,669 015040 COMMUNITY TB PROGRAM 130,669 0 130,669 0 015040 DENTAL SPECIAL INITIATIVE PROJECTS 0 0 0 0 0 015040 DUVAL TEEN PREGNANCY PREVENTION 0 0 0 0 0 015040 ENHANCED DENTAL SERVICES 0 0 0 0 0 015040 FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL 0 0 0 0 0 015040 HEALTH PROMOTION & EDUCATION INITIATIVES 0 0 0 0 0 015040 HEALTHY BEACHES MONITORING 6,885 0 6,885 0 6,885 015040 HEALTHY START - DATA COLLECTION PROJECT STAFF 0 0 0 0 0 015040 LA LIGA CONTRA EL CANCER 0 0 0 0 0 0 015040 MEDIVAN PROJECT 0 0 0 0 0 015040 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV 0 0 0 0 015040 PRIMARY CARE SPECIAL DENTAL PROJECTS 0 0 0 0 0 015040 PRIMARY CARE SPECIAL PROJECTS 0 0 0 0 0 015040 SCHOOL HEALTH-SUPPLEMENT-TANF 0 0 0 0 0 015040 SPECIAL NEEDS SHELTER PROGRAM 0 0 0 0 0 015040 STD GENERAL REVENUE 32,564 0 32,564 0 32,564 015040 VOLUNTEER SCHOOL HEALTH NURSE GRANT 58.000 0 58,000 0 58,000 015050 ALG/CONTR TO CHDS 1,995.157 0 1,995,157 0 1,995,157 GENERAL REVENUE TOTAL 2,895,780 0 2,895,780 0 2,895,780 2. NON GENERAL REVENUE - STATE 015010 ALG/CONTR TO CHDS-REBASING TOBACCO TF 103,295 0 103,295 0 103,295 015010 BASIC SCHOOL HEALTH - TOBACCO TF 142,237 0 142,237 0 142,237 015010 CHD SUPPORT SERVICES 121,038 0 121,038 0 121,038 Working Copy ATTACHMENT IL>2 SAINT LUCIE COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CUD County Total CUD Trust Fund CUD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 2. NON GENERAL REVENUE - STATE 015010 FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL 0 0 0 0 0 015010 FULL SERVICE SCHOOLS-TOBACCOTF 110,100 0 110,100 0 110,100 015010 ONSITF. SEWAGE RESEARCH PROGRAM 0 0 0 0 0 015010 PACE EH 0 0 0 0 0 015010 PUBLIC SWIMMING POOL PROGRAM 0 0 0 0 0 015010 SUPER ACT PROGRAM ADM TF 0 0 0 0 0 015010 SUPPLEMENTAUCOMPREHENSIVE SCHOOL HEALTH - TOB TF 0 0 0 0 0 015010 VARICELLA IMMUNIZATION REQUIREMENT TOBACCO TF 7,334 0 7,334 0 7,334 015020 BIOMEDICAL WASTE/DEP ADM TF 7,968 0 7,968 0 7,968 015020 SAFE DRINKING WATER PRG/DEP ADM 0 0 0 0 0 015020 FOOD AND WATERBORNE DISEASE PROGRAM ADM TF/DACS 0 0 0 0 0 NON GENERAL REVENUE TOTAL 491,972 0 491,972 0 491,972 3. FEDERAL FUNDS - State 007000 AIDS PREVENTION 327,079 0 327,079 0 327,079 007000 AIDS SEROPREVALENCE 0 0 0 0 0 007000 AIDS SURVEILLANCE 0 0 0 0 0 007000 BIOTERR SURVEILLANCE & EPIDEMIOLOGY 56,280 0 56,280 0 56,290 007000 BIOTERRORISM PLANNING & READINESS 71,515 0 71,515 0 71,515 007000 CDHPE PROGRAM 44,117 0 44,117 0 44,117 007000 CHD SUPPORT SERVICES 0 0 0 0 0 007000 CHILDHOOD LEAD POISONING PREVENTION 0 0 0 0 0 007000 COASTAL BEACH MONITORING PROGRAM 6,061 0 6,061 0 6,061 007000 COMPREHENSIVE CARDIOVASCULAR PROGRAM 0 0 0 0 0 007000 FGTF/AIDS MORBIDITY 0 0 0 0 0 007000 FGTF/BREAST & CERVICAL CANCER-ADMIN/CASE MAN 0 0 0 0 0 007000 FGTF/FAMILY PLANNING TITLE X SPECIAL INITIATIVES 0 0 0 0 0 007000 FGTF/FAMILY PLANNING -TITLE X 76,674 0 76,674 0 76,674 007000 FGTF/IMMUNIZATION ACTION PLAN 20,780 0 20,780 0 20,780 007000 FGTF/WIC ADMINISTRATION 934,279 0 934,279 0 934,279 007000 FLORIDA PANDEMIC INFLUENZA 31,731 0 31,731 0 31,731 007000 HEALTH PROGRAM FOR REFUGEES 0 0 0 0 0 007000 HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOPWA) 0 0 0 0 0 007000 IMMUNIZATION SUPPLEMENTAL 6,269 0 6,269 0 6,269 007000 IMMUNIZATION -WIC LINKAGES 0 0 0 0 0 007000 MCH BGTF-GADSDEN SCHOOL CLINIC 0 0 0 0 0 007000 MCH BGTF-HEALTHY START IPO 0 0 0 0 0 007000 MCH BGTF-INFANT MORTALITY PROJECT 0 0 0 0 0 007000 MCH BGTF-MCH/CHILD HEALTH 11,594 0 11,594 0 11,594 007000 MCH BGTF-MCH/DENTAL PROJECTS 0 0 0 0 0 007000 MCH BGTF-OUTREACH SOCIAL WORKERS 0 0 0 0 0 007000 PHP-CITIES RESPONSE INITIATIVE 0 0 0 0 0 007000 RAPE PREVENTION & EDUCATION GRANT 0 0 0 0 0 007000 RISK COMMUNICATIONS 0 0 0 0 0 007000 RYAN WHITE 69.310 0 69,310 0 69,310 007000 RYAN WHITE - EMERGING COMMUNITIES 0 0 0 0 0 007000 RYAN WHITE -AIDS DRUG ASSIST PROG-ADMIN 58,552 0 58,552 0 58,552 007000 RYAN WHITE -CONSORTIA 0 0 0 0 0 Working Copy ATTACHMENT IL� ; SAINT LUCIE COUNTY HEALTH DEPARTMENT' " Part II. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total' 3. FEDERAL FUNDS - State 007000 STD FEDERAL GRANT - CSPS 50,050 0 50,050 0 50,050 007000 STD PROGRAM - PHYSICIAN TRAINING CENTER 0 0 0 0 0 007000 STD PROGRAM INFERTILITY PREVENTION PROJECT (IPP) 0 0 0 0 0 007000 SYPHILIS ELIMINATION 0 0 0 0 0 007000 TESTING HIV SERONEGATIVE HEADQUARTERS 0 0 0 0 0 007000 TRAINING AND EDUCATION 0 0 0 0 0 007000 'TUBERCULOSIS CONTROL - FEDERAL GRANT 69,290 0 69,290 0 69,290 007000 WEST NILE VIRUS & EPIDEMIOLOGY PROJECTS 2006 0 0 0 0 0 007000 WIC BREASTFEEDING PEER COUNSELING 21,000 0 21,000 0 21,000 007000 WIC BREASTFEEDING PEER COUNSELING PROG FFY 2005 6,819 0 6,819 0 6,819 007000 WIC INFRASTRUCTURE 0 0 0 0 0 015009 MEDIPASS WAIVER-HLTHY STRT CLIENT SERVICES 0 0 0 0 0 015009 MEDIPASS WAIVER-SOBRA 0 0 0 0 0 015075 TITLEXXI/SCHOOL HEALTH/SUPPLEMENTAL 0 0 0 0 0 015075 NEW LINE 0 0 0 0 0 015075 NEW LINE 0 0 0 0 0 015075 NEW LINE 0 0 0 0 0 FEDERAL FUNDS TOTAL 1,861.400 0 1,861,400 0 1,861,400 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 MIGRANT HOUSING PERMIT 250 0 250 0 250 001020 MOBILE HOME AND PARKS 13,521 0 13,521 0 13,521 001020 FOOD HYGIENE PERMIT 17,415 0 17,415 0 17,415 001020 BIOHAZARD WASTE PERMIT 6,020 0 6,020 0 6,020 001020 SWIMMING POOLS 24,335 0 24,335 0 24,335 001020 PRIVATE WATER CONSTR PERMIT 0 0 0 0 0 00 020 PUBLIC WATER ANNUAL OPER PERMIT' 67,747 0 67,747 0 67,747 001020 PUBLIC WATER CONSTR PERMIT 0 0 0 0 0 001020 NON-SDWA SYSTEM PERMIT 0 0 0 0 0 001020 SAFE DRINKING WATER 68,895 0 68,895 0 68,895 001020 TANNING FACILITIES 4,185 0 4,185 0 4,185 001020 BODY PIERCING 0 0 0 0 0 001092 NON SDWA LAB SAMPLE 37,000 0 37,000 0 37,000 001092 OSDS VARIANCE FEE 0 0 0 0 0 001092 ENVIRONMENTAL HEALTH FEES 448,208 0 448,208 0 448,208 001092 OSDS REPAIR PERMIT 0 0 0 0 0 001092 OSDS PERMIT FEE 0 0 0 0 0 001092 1& M ZONED OPERATING PERMIT 0 0 0 0 0 001092 AEROBIC OPERATING PERMIT 0 0 0 0 0 001092 SEPTIC TANK SITE EVALUATION 0 0 0 0 0 001170 LAB FEE CHEMICAL ANALYSIS 0 0 0 0 0 001170 NONPOTABLE WATER ANALYSIS 0 0 0 0 0 001170 WATER ANALYSIS -POTABLE 0 0 0 0 0 010304 MQA INSPECTION FEE 0 0 0 0 0 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 687,576 0 687,576 0 687,576 5. OTHER CASH CONTRIBUTIONS - STATE Working Copy ATTACHMENT IL�� SAINT LUCIE COUNTY HEALTH DEPARTMENT Part IL Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 5. OTHER CASH CONTRIBUTIONS - STATE 010304 STATIONARY POLLUTANT STORAGE TANKS 178,931 0 178,931 0 178,931 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 OTHER CASH CONTRIBUTIONS TOTAL 178,931 0 178,931 0 178,931 6. MEDICAID - STATE/COUNTY 001056 MEDICAID PHARMACY 0 0 0 0 0 001076 MEDICAID TB 0 0 0 0 0 001078 MEDICAID ADMINISTRATION OF VACCINE 0 0 0 0 0 001079 MEDICAID CASE MANAGEMENT 0 0 0 0 0 001080 MEDICAID OTHER 0 0 0 0 0 001081 MEDICAID CHILD HEALTH CHECK UP 0 0 0 0 0 001082 MEDICAID DENTAL 262,697 374,299 636,996 0 636,996 001087 MEDICAID STD 0 0 0 0 0 001089 MEDICAID AIDS 73,407 104,593 178,000 0 178,000 001 147 MEDICAID HMO RATE 0 0 0 0 0 001191 MEDICAID MATERNITY 68,224 97,207 165,431 0 165,431 001192 MEDICAID COMPREHENSIVE CHILD 68,223 97,207 165,430 0 165,430 001193 MEDICAID COMPREHENSIVE ADULT 68,223 97,207 165,430 0 165,430 001194 MEDICAID LABORATORY 0 0 0 0 0 001083 MEDICAID FAMILY PLANNING 7,500 67,500 75,000 0 75,000 001208 MEDIPASS $3.00 ADM. FEE o 45,000 45,000 90,000 0 90,000 MEDICAID TOTAL 593,275 883,012 1,476,287 0 1,476,287 7. ALLOCABLE REVENUE -STATE 018000 REFUNDS 0 0 0 0 0 037000 PRIOR YEAR WARRANT 0 0 0 0 0 038000 12 MONTH OLD WARRANT 0 0 0 0 0 ALLOCABLE REVENUE TOTAL 0 0 0 0 0 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE PHARMACY SERVICES 0 0 0 122,713 122,713 LABORATORY SERVICES 0 0 0 183,074 183,074 TB SERVICES 0 0 0 0 0 IMMUNIZATION SERVICES 0 0 0 163,775 163,775 STD SERVICES 0 0 0 72,068 72,068 CONSTRUCTION/RENOVATION 0 0 0 0 0 0 0 0 4,478,008 4,478,008 WIC. FOOD 0 0 0 1,021,549 1,021,549 ADAP 0 0 0 14,250 14,250 DENTAL SERVICES OTHER (SPECIFY) 0 0 0 0 0 OTHER (SPECIFY) 0 0 0 0 0 OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 6,055.437 6,055,437 9. DIRECT COUNTY CONTRIBUTIONS - COUNTY 008030 GRANTS -COUNTY TAX DIRECT 0 0 0 0 0 008034 GRANTS CNTY COMMSN OTHER 0 1,153.000 1.153,000 0 1,153,000 Working Copy ATTACHMENT ILA SAINT LUCIE COUNTY HEALTH DEPARTMENT `. Part II. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total BOARD OF COUNTY COMMISSIONERS TOTAL 0 1,153,000 1,153,000 0 1,153,000 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001060 VITAL STATISTICS FEES OTHER 0 70,000 70,000 0 70,000 001077 RABIES VACCINE 0 0 0 0 0 001077 CHILD CAR SEAT PROG 0 0 0 0 0 001077 PRIMARY CARE FEES 0 920,617 920,617 0 920,617 001077 AIDS CO -PAYS 0 0 0 0 0 001094 LOCAL ORDINANCE FEES 0 0 0 0 0 001094 ADULT ENTER. PERMIT FEES 0 0 0 0 0 001114 NEW BIRTH CERTIFICATES 0 0 0 0 0 U01115 DEATH CERTIFICATES 0 166,000 166,000 0 166,000 001117 VITAL STATS-ADM. FEE 50 CENTS 0 4,000 4,000 0 4,000 FEES AUTHORIZED BY COUNTY TOTAL 0 1,160,617 1,160,617 0 1,160,617 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001009 RETURNED CHECK ITEM 0 0 0 0 0 001029 THIRD PARTY REIMBURSEMENT 0 0 0 0 0 001029 HEALTH MAINTENANCE ORGAN. (HMO) 0 0 0 0 0 001054 MEDICARE PART D 0 0 0 0 0 001077 RYAN WHITE TITLE 11 0 0 0 0 0 001090 MEDICARE PART B 0 0 0 0 0 005040 INTEREST EARNED 0 0 0 0 0 005041 INTEREST EARNED -STATE INVESTMENT ACCOUNT 0 16,800 16,800 0 16,800 007010 U.S. GRANTS DIRECT 0 0 0 0 0 010300 SALE OF GOODS AND SERVICES TO STATE AGENCIES 0 0 0 0 0 010301 EXP WITNESS FEE CONSULTNT CHARGES 0 0 0 0 0 010405 SALE OF PHARMACEUTICALS 0 0 0 0 0 010409 SALE OF GOODS OUTSIDE STATE GOVERNMENT 0 0 0 0 0 010500 SALES OF SERVICES OUTSIDE STATE GOVERNMNENT 0 0 0 0 0 011000 LOCAL GRANTS AND AGREEMENTS -DIRECT 0 1,378,077 1,378,077 0 1,378,077 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011000 GRANT -DIRECT 0 0 0 0 0 011001 HEALTHY START COALITION CONTRIBUTIONS 0 0 0 0 0 011007 CASH DONATIONS PRIVATE 0 0 0 0 0 012020 FINES AND FORFEITURES 0 0 0 0 0 012021 RETURN CHECK CHARGE 0 0 0 0 0 028020 INSURANCE RECOVERIES -OTHER 0 0 0 0 0 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 1,394.877 1,394,877 0 1,394,877 12. ALLOCABLE REVENUE -COUNTY 018000 REFUNDS 0 0 0 0 0 037000 PRIOR YEAR WARRANT 0 0 0 0 0 Working Copy ATTACHMENT II, . : SAINT LUCIE COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CIID County Total CHD Trust Fund CHD Trust Fund Other - (cash) Trust Fund (cash) Contribution Total 12. ALLOCABLE REVENUE - COUNTY 038000 12 MONTH OLD WARRANT 0 0 0 0 0 COUNTY ALLOCABLE REVENUE TOTAL 0 0 0 0 0 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT VALUE 0 0 0 720,000 720,000 BUILDING MAINTENANCE 0 0 0 75,000 75,000 INSURANCE 0 0 0 0 0 UTILITIES 0 0 0 0 0 GROUNDS MAINTENANCE 0 0 0 0 0 OTHER (SPECIFY) 0 0 0 0 0 OTHER (SPECIFY) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 795,000 795,000 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENTNEHICLE PURCHASES 0 0 0 0 0 VEHICLE INSURANCE 0 0 0 0 0 VEHICLE MAINTENANCE 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRAND TOTAL CHD PROGRAM 6,708,934 4,591,506 11,300,440 6,850,437 18,150,877 Working Copying ATTACHMENT H. SAINT LUCIE COUNTY HEALTH DEPARTMENT: Part III. Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October 1, 2006 to September 30, 2007 Quarterly Expenditure Plan FTE's Clients 1st 2nd 3rd 4th Grand (0.00) Units Services (Whole dollars only) State County Total A. COMMUNICABLE DISEASE CONTROL: VITAL STATISTICS (180) 3.43 0 0 56,250 56,250 56,250 56,250 0 225,000 225,000 IMMUNIZATION(101) 8.00 4,000 12,000 107,375 107,375 107,375 107,375 254,500 175,000 429,500 STD(102) 10.01 1,000 8,072 123.468 123,468 123,467 123,467 268,870 225,000 493,870 A.LD.S. (103) 24.02 200 3,000 475,000 475,000 475,000 475,000 1,037,753 862,247 1,900,000 TB CONTROL SERVICES (104) 7.00 400 2,500 79,836 79,836 79,836 79,836 194,344 125,000 319,344 COMM. DISEASE SURV. (106) 5.00 0 2,809 77,294 77,291 77,291 77,291 213,917 95,250 309,167 HEPATITIS PREVENTION (109) 0.01 200 1,000 75 75 75 75 300 0 300 PUBLIC HEALTH PREP AND RESP (116) 5.50 0 250 150,000 150,000 150,000 150,000 375,000 225,000 600,000 COMMUNICABLE DISEASE SUBTOTAL 62.97 5,800 29,631 1,069,298 1,069,295 1,069,294 1,069,294 2,344,684 1,932,497 4,277,181 B. PRIMARY CARE: COMPREHENSIVE ADULT HEALTH (237) 11.00 2,000 9,500 256,250 256,250 256,250 256.250 375,000 650,000 1,025,000 DENTAL HEALTH (240) 7.50 1,200 4,200 121,250 121,250 121,250 121,250 335,000 150,000 485,000 SCHOOL HEALTH (234) 14.50 0 450,000 193,750 193,750 193,750 193,750 550,000 225,000 775,000 CHRONIC DISEASE SERVICES (210) 2.32 4,000 150 33,250 33,250 33,250 33,250 123,000 10,000 133,000 TOBACCO PREVENTION (212) 0.00 0 0 0 0 0 0 0 0 0 HOME HEALTH (215) 0.00 0 0 0 0 0 0 0 0 0 W.I.C. (221) 24.00 12,000 75,000 246,250 246,250 246,250 246,250 985,000 0 985,000 FAMILY PLANNING (223) 10.00 3,000 9,800 137,500 137,500 137,500 137,500 300,000 250,000 550,000 IMPROVED PREGNANCY OUTCOME (225) 5.00- 1,200 6,000 78,750 78,750 78,750 78,750 200,000 115,000 315,000 HEALTHY START PRENATAL (227) 4.00 450 6,800 68,750 68,750 68,750 68,750 65,000 210,000 275,000 COMPREHENSIVE CHILD HEALTH (229) 9.02 1,600 8,000 131,250 131,250 131,250 131,250 450,000 75,000 525,000 HEALTHY START INFANT (231) 4.00 450 6,500 62,500 62,500 62,500 62,500 0 250,000 250,000 PRIMARY CARE SUBTOTAL 91.34 25,900 575,950 1,329,500 1,329,500 1,329,500 1,329,500 3,383,000 1,935,000 5,318,000 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COASTAL BEACH MONITORING (347) 0.16 350 400 3,750 3,750 3,750 3,750 7,500 7,500 15,000 LIMITED USE PUBLIC WATER SYSTEMS (357) 0.04 600 4,500 56,250 56,250 56,250 56,250 175,000 50,000 225,000 PUBLIC WATER SYSTEM (358) 0.01 5 15. 56,250 56,250 56,250 56,250 135,000 90,000 225,000 PRIVATE WATER SYSTEM (359) 2.04 1,200 1,500 20,250 20,250 20,250 20,250 66,000 15,000 81,000 INDIVIDUAL SEWAGE DISP. (361) 3.54 1,500 3,200 139,064 139.064 139,064 139,067 300,000 256,259 556,259 Group Total 5.79 3,655 9,615 275,564 275,564 275,564 275,567 683,500 418,759 1,102,259 Facility Programs FOOD HYGIENE (348) 95.00 110 600 38,500 38,500 38,500 38,500 0 154,000 154,000 BODY ART (349) 0.04 2 16 1,000 1,000 1,000 1.000 0 4,000 4,000 GROUP CARE FACILITY (351) 1.30 300 500 18,750 18,750 18,750 18,750 0 75,000 75,000 MIGRANT LABOR CAMP (352) 0.10 3 22 1.875 1,875 1,875 1,875 3,750 3,750 7,500 HOUSING.PUBLIC BLDG SAFETY,SANITATION (359)02 1 1 1,750 1,750 1,750 1,750 0 7,000 7,000 MOBILE HOME AND PARKS SERVICES (354) 0.57 40 150 7,500 7,500 7,500 7,500 0 30,000 30,000 SWIMMING POOLS/BATHING (360) 1.01 296 1,750 16.250 16,250 16,250 16,250 50,000 15,000 65,000 BIOMEDICAL WASTE SERVICES (364) 0.34 30 30 3,750 3,750 3,750 3,750 10,000 5,000 15,000 TANNING FACILITY SERVICES (369) 0.07 10 20 1,500 1,500 1,500 1,500 6,000 0 6,000 Working Copying ATTACHMENT II. SAINT LUCIE COUNTY HEALTH DEPARTMENT Part III. Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October 1, 2006 to September 30, 2007 Quarterly Expenditure Plan FTE's Clients 1st 2nd 3rd 4th Grand (0,00) Units Services (Whole dollars only) State County Total C. ENVIRONMENTAL HEALTH: Group Total 98.45 792 31,089 90,875 90,875 90,875 90,875 69,750 293,750 363,500 Groundwater Contamination STORAGE TANK COMPLIANCE (355) 2.24 200 800 44,500 44,500 44,500 44,500 178,000 0 178,000 SUPER ACT SERVICE (356) 0.35 80 225 10,500 10,500 10,500 10,500 42,000 0 42,000 Group Total 2.59 280 1,025 55,000 55,000 55,000 55,000 220,000 0 220,000 Community Hygiene OCCUPATIONAL HEALTH (344) 0.00 0 0 0 0 0 0 0 0 0 CONSUMER PRODUCT SAFETY (345) 0.00 0 0 0 0 0 0 0 0 0 INJURY PREVENTION (346) 0.00 0 0 0 0 0 0 0 0 0 LEAD MONITORING SERVICES (350) 0.00 0 0 0 0 0 0 0 0 0 PUBLIC SEWAGE (362) 0.00 0 0 0 0 0 0 0 0 0 SOLID WASTE DISPOSAL (363) 0.00 0 0 0 0 0 0 0 0 0 SANITARY NUISANCE (365) 0.01 6 3 125 125 125 125 0 500 500 RABIES SURVEILLANCE/CONTROL SERVICES (36002 12 12 750 750 750 750 3,000 0 3,000 ARBOVIRUS SURVEILLANCE (367) 0.00 0 0 0 0 0 0 0 0 0 RODENT/ARTHROPOD CONTROL (368) 0.00 0 0 0 0 0 0 0 0 0 WATER POLLUTION (370) 0.00 0 0 0 0 0 0 0 0 0 AIR POLLUTION (371) 0.05 0 2 4,000 4,000 4,000 4,000 5,000 11,000 16,000 RADIOLOGICAL HEALTH (372) 0.00 0 0 0 0 0 0 0 0 0 TOXIC SUBSTANCES (373) 0.00 0 0 0 0 0 0 0 0 0 Group Total 0.08 18 17 4,875 4,875 4,875 4,875 8,000 11,500 19,500 ENVIRONMENTAL HEALTH SUBTOTAL 106.91 4,745 13,746 426,314 426,314 426,314 426,317 981,250 724,009 1,705,259 D. SPECIAL CONTRACTS: SPECIAL CONTRACTS (599) 0.00 0 0 0 0 0 0 0 0 0 SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 0 0 0 0 0 0 0 TOTAL CONTRACT 261.22 36,445 619,327 2,825,112 2,825,109 2,825,108 2,825,111 6,708,934 4,591,506 11,300,440 AGENDA REQUEST ITEM NO. 1 DATE: Sept 26, 2006 REGULAR [ l PUBLIC HEARING [ CONSENT [XI TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: Tom Genung SUBJECT: Approve retroactively St. Lucie County acting as Fiscal Agent for the 19th Judicial Circuit for the purposes of an OJJDP and DJJ sponsored Delinquency Prevention and Civil Citation Grant of up to $100,000.00. BACKGROUND: The OJJDP and State of Florida DJJ are sponsoring a grant of up to $100,000.00 for Delinquency Prevention and Civil Citation Programs in 7 circuits throughout the state. The 19th Circuit partnering with the Sheriff's Offices, School Boards and community providers in the 19th Circuit have applied for the grant. The 19th Circuit seeks Board approval for St. Lucie County to act as the Fiscal Agent for the 19th Circuit for the purposes of the grant if awarded. FUNDS AVAILABLE: PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve retroactively St. Lucie County acting as Fiscal Agent for the 19th Judicial Circuit for the purposes of the Delinquency Prevention and Civil Citation Grant offered by OJJDP and DJJ. COMMISSION ACTION: CONCURRENCE: [.,* APPROVED [ ] OTHER County Attorney: [ ] DENIED Approved 5-0 Coordination/Signatures Management & Budget: Finance: (Check for Copy only, if applicable) Other: ADMINISTRATIVE OFFICE OF THE COURTS Thomas A. Genung Trial Court Administrator MEMORANDUM TO: Board of County Commissioners NINETEENTH JUDICIAL CIRCUIT FROM: Thomas A. Genung, Court Administrator SUBJECT: Retroactive Approval of St. Lucie County acting as Fiscal Agent for the 19th Judicial Circuit for the purposes of the Delinquency Prevention and Civil Citation Grant offered by the OJJDP and DJJ DATE: Sept. 26, 2006 The OJJDP and State of Florida DJJ are sponsoring a grant of up to $100,000.00 for Delinquency Prevention and Civil Citation Programs in 7 circuits throughout the state. The 19th Circuit partnering with the Sheriff's Offices, School Boards and community providers in the 19th Circuit has applied for the grant. The 19th Circuit seeks retroactive Board approval for St. Lucie County to act as the Fiscal Agent for the 19th Circuit for the purposes of the grant if awarded. Staff recommends the Board of County Commission approve transfer of funds for hardware and software items that had not been previously budgeted in order to support technology changes in the Court System. 229 Courthouse Addition. 218 South Second Street • Fort Pierce, Florida 34950 • (772) 462-1472 • FAX (772) 462-2135 The JJDP State Advisory Group And Florida Department of Juvenile Justice Juvenile Justice and Delinquency Prevention Title II Civil Citation -Equal Justice Grant Initiative Fiscal Year 2006-2007 TITLE II FORMULA GRANT REQUEST FOR CONCEPT PAPER PROPOSALS 1 BACKGROUND Juvenile crime in Florida has declined to its lowest level in many years. There have been especially large declines in serious and violent felonies. Unfortunately, declines in the number of arrests for less serious delinquency offenses have not been as great. More youth, about 54 % (51,047), were referred to the Department of Juvenile Justice (Department) for misdemeanor offenses than any other type of delinquency in 2004-05. There has been minimal fluctuation in the total number of referrals over the past three years. While the total number of referrals has remained stable, the population of youth at risk for delinquency, those ages 10 to 17, has increased in Florida. In FY 2004-05, 59 % of all referrals were attributable to minority youth. Over the past three years the total number of referrals generated by black and Hispanic youth has increased by six % (for each group). Statewide, there continue to be a large number of delinquency referrals from the education system. During fiscal year 2004-05, there were 150,687 referrals received by the Department at delinquency intake. Of this, 28,008 or 19 % of all delinquency referrals were school related. During fiscal year 2004-05, a total of 95,263 individual youth were referred to the Department. Of these, 24,189 or 25 % of all youth referred to the Department had at least 1 school -related referral. Statewide, minority youth accounted for 17,645 or 63 % of all school -related referrals The number of admissions to secure detention has increased in the past three years by seven %. There were also consistent increases in each of the racial, ethnic and gender groups with the largest increase (13%) generated by Hispanic youth. During FY 2004-05 there were 43,208 (78%) male and 12,429 (22%) female admissions to secure detention. Statewide, black youth represented the largest %age of males admitted (48%), and black females comprised (43%) of all female admissions. Section 985.213, Florida Statutes Use of Detention, allows a child who is charged with committing an offense of domestic violence as defined in Section. 741.28, Florida Statutes, and who does not meet detention criteria to be held in secure detention if the court makes specific written findings that respite care for the child is not available; and it is necessary to place the child in secure detention in order to protect the victim from injury. Unfortunately, Florida presently has a lack of respite options available for youth who have been arrested for domestic violence. This makes it especially important that alternatives to arrest be available, so that youth who come to the attention of law enforcement can be placed in shelter care when secure detention is not appropriate. 2 PROJECT PROPOSAL The State Advisory Group (SAG) and Department of Juvenile Justice are seeking to reduce the number of referrals to the juvenile justice system and significantly reduce Disproportionate Minority Contact with the juvenile justice system throughout the state of Florida. The initial goal is to fund, by Title Il - Formula grant awards up to seven Equal Justice projects. A primary component of each project will be establishment of a Referral Reduction Coordinator (RRC) position in the circuit. The role of the RRC will be to: 1. Lead the coordination of the Civil Citation/Equal Justice project in the specified circuit. 2. Educate key community stakeholders in the circuit regarding the Equal Justice/Civil Citation Initiative. 3. Lead the partnership efforts between key stakeholders as outlined in FS. 985.30. 4. Provide training and technical assistance for Law Enforcement agencies in the circuit on how and when to use the civil citation program and to raise awareness of cultural barriers for making referrals to the civil citation program; as outlined in F.S 985.30. 5. Serve as a liaison between Law Enforcement and Runaway Shelter(s) to provide alternatives for youth who would otherwise be referred to the Department for minor domestic violence related charges and securely detained. 6. Serve as a liaison between the judiciary, the juvenile justice system, the school system, county programs and services, the Public Defender's Office, State Attorney's Office and the community at large to help enhance the delivery of services to at -risk youth. 7. Compile and maintain a comprehensive list of referral resources for civil citation work sites and youth with substance abuse, mental health, and behavioral problems. Referral sources may require participation in intervention services appropriate to identified needs of the juvenile, including family counseling, urinalysis monitoring, and substance abuse and mental health treatment services. 8. Ensure this project is used, solely, as an alternative to arrest. 9. Routinely help recruit alternative sanctions/civil citation sites for youth in need of intervention, prevention, and diversion services. 10. Develop other methods to reduce arrests, school referrals and other referral sources with an emphasis on disproportionate representation of minority youth. 11. Make sure that significant efforts are clearly focused on reducing arrests in school. 12. Ensure the entry of youth information into the Juvenile Justice Information System (JJIS). PROJECT GOALS AND OBJECTIVES Civil Citation is the process by which youth who commit non -serious delinquent acts are given the opportunity, by the responding law enforcement officer, to accept an alternative to arrest. Such youth will be diverted from the juvenile justice system and allowed to perform community service hours (no greater than 50) within the community. Upon completion of the community service sanction, the youth's case is deemed "satisfied" and no further action is taken. If the youth fails to comply with the community service sanction, the civil citation is deemed "failed". The original act for which the youth was cited is processed by law enforcement, charges are filed and an affidavit submitted to the Office of the State Attorney. The State Attorney may then file a petition with the court to adjudicate the youth delinquent. Civil Citation cannot be used as a punitive response to mischievous acts. Civil Citation will be used strictly as "an alternative to arrest' Civil Citation will provide an efficient and innovative alternative to referral to the Department for youth who commit minor delinquent acts and to ensure swift and appropriate consequences. Through the development of a statewide civil citation/equal justice initiative, it is the goal of the SAG and Department of Juvenile Justice to reduce the number of referrals to the juvenile justice system and significantly reduce Disproportionate Minority Contact with the juvenile justice system throughout the state of Florida. Providing a civil citation alternative, including proper training and technical assistance to school resource officers/officials, on how and when to use the civil citation program could substantially reduce the number of school -related referrals In an effort to reduce the detention rate; developing partnerships with local Runaway Shelters and/or Florida Network of Youth and Families Services shelters will provide an alternative placement for a youth who commits an offense of domestic violence but otherwise does not meet the detention criteria. Misdemeanor cases of domestic battery may also meet the criteria for civil citations thus avoiding the requirement for detention. The SAG and Department's objective is to fund up to seven Civil Citation/Equal Justice projects in seven separate circuits throughout the state, for up to $100,000 each. Funds allocated for this initiative are derived form the 2006 Title II Formula Grant and fully supports the OJJDP designated federal criteria and the criteria established by the Department. 4 High Risk ZIP Codes by County High Risk Zip Codes The proposed project outlined in this grant application should primarily serve youth who reside in communities where most juvenile delinquent youth reside and; who commit non -serious delinquent acts. The following is a list of the top zip codes for each county as measured by the number of delinquency charges, delinquency referrals, and the number of youth living in the zip code referred to the Department for a delinquency offense. For each county, at least 50% of youth referred reside in the zip codes listed. The geography of some zip codes is such that only a small area of a given zip code may have a high concentration of delinquent youth. The program proposal should focus on those areas within a zip code with a high concentration of delinquent youth. This Department of Juvenile Justice, Bureau of Data and Research, data is for fiscal year 2003-04. Cumulative Zip ZIP Rank Charges Referrals Youths of Referrals COUNTY Code ALACHUA COUNTY TOTAL 0 3910 2655 1434 0.0% ALACHUA COUNTY 32641 1 793 514 245 19.4% ALACHUA COUNTY 32609 2 561 411 219 34.8% ALACHUA COUNTY 32601 3 473 307 146 46.4% ALACHUA COUNTY 32608 4 286 220 132 54.7% BAKER COUNTY TOTAL 0 558 275 188 0.0% BAKER COUNTY 32063 1 313 147 99 53.5% BAY COUNTY TOTAL 0 2570 1743 1109 0.0% BAY COUNTY 32401 1 688 470 267 27.0% BAY COUNTY 32404 2 488 343 226 46.6% BAY COUNTY 32405 3 348 241 155 60.5% BRADFORD COUNTY TOTAL 0 298 213 150 0.0% BRADFORD COUNTY 32091 1 220 154 109 72.3% BREVARD COUNTY TOTAL 0 8219 4742 3046 0.0% BREVARD COUNTY 32935 1 735 426 276 9.0% BREVARD COUNTY 32907 2 601 374 261 16.9% BREVARD COUNTY 32922 3 557 342 206 24.1% 32780 4 542 338 213 31.2% BREVARD COUNTY BREVARD COUNTY 32955 5 613 322 193 38.0% BREVARD COUNTY 32926 6 460 287 165 44.1% BREVARD COUNTY 32927 7 499 265 167 49.6% BREVARD COUNTY 32905 8 414 256 160 55.0% 5 r r Zip ZIP Rank Charges Referrals Youths Cumulative % of Referrals COUNTY Code BROWARD COUNTY TOTAL 0 16895 12130 8161 0.0% BROWARD COUNTY 33311 1 2095 1457 902 12.0% BROWARD COUNTY 33313 2 1106 800 500 18.6% BROWARD COUNTY 33023 3 931 659 447 24.0% BROWARD COUNTY 33068 4 807 576 369 28.8% BROWARD COUNTY 33065 5 676 521 373 33.1% BROWARD COUNTY 33024 6 700 507 364 37.3% BROWARD COUNTY 33060 7 687 491 333 41.3% BROWARD COUNTY 33064 8 607 428 273 44.8% BROWARD COUNTY 33020 9 462 357 232 47.8% BROWARD COUNTY 33025 10 431 316 205 50.4% CALHOUN COUNTY TOTAL 0 161 121 78 0.0% CALHOUN COUNTY 32424 1 60 54 33 44.6% CALHOUN COUNTY 32421 2 44 34 20 72.7% CHARLOTTE COUNTY 0 1719 1090 675 0.0% TOTAL CHARLOTTE COUNTY 33952 1 455 300 177 27.5% CHARLOTTE COUNTY 33950 2 234 137 91 40.1% CHARLOTTE COUNTY 33948 3 163 115 80 50.6% CITRUS COUNTY TOTAL 0 1231 867 582 0.0% CITRUS COUNTY 34448 1 116 82 55 9.5% CITRUS COUNTY 34465 2 134 82 56 18.9% CITRUS COUNTY 34453 3 102 75 55 27.6% CITRUS COUNTY 34452 4 97 70 48 35.6% CITRUS COUNTY 34446 5 103 66 41 43.3% CITRUS COUNTY 34442 6 82 65 48 50.7% CLAY COUNTY TOTAL 0 2166 1519 936 0.0% CLAY COUNTY 32068 1 648 402 256 26.5% CLAY COUNTY 32073 2 485 375 251 51.2% COLLIER COUNTY TOTAL 0 3717 2340 1531 0.0% COLLIER COUNTY 34116 1 669 442 288 18.9% COLLIER COUNTY 34142 2 550 346 217 33.7% COLLIER COUNTY 34112 3 508 308 179 46.8% COLLIER COUNTY 34113 4 206 156 107 53.5% COLUMBIA COUNTY TOTAL 0 946 558 386 0.0% COLUMBIA COUNTY 32055 1 394 246 173 44.1% COLUMBIA COUNTY 32025 2 172 104 76 62.7% m Zip Cumulative % of ZIP Rank Charges Referrals Youths Referrals COUNTY Code 0 19078 11945 8110 0.0% DADE COUNTY TOTAL DADE COUNTY 33147 1 1109 734 493 6.1% DADE COUNTY 33142 2 1090 679 444 11.8% DADE COUNTY 33056 3 696 466 297 15.7% DADE COUNTY 33055 4 671 444 291 19.4% DADE COUNTY 33161 5 646 406 254 22.8% DADE COUNTY 33157 6 618 398 278 26.2% DADE COUNTY 33150 7 655 397 246 29.5% DADE COUNTY 33127 8 668 388 251 32.8% DADE COUNTY 33054 9 581 384 246 36.0% DADE COUNTY 33030 10 504 333 236 38.8% DADE COUNTY 33162 11 500 315 201 41.4% DADE COUNTY 33169 12 441 281 191 43.7% DADE COUNTY 33177 13 415 260 184 45.9% DADE COUNTY 33136 14 447 258 154 48.1% DADE COUNTY 33032 15 374 218 171 49.9% DADE COUNTY 33168 16 348 208 128 51.6% DESOTO COUNTY TOTAL 0 499 311 210 0.0% DESOTO COUNTY 34266 1 457 286 190 92.0% DIXIE COUNTY TOTAL 0 108 65 53 0.0% DIXIE COUNTY 32680 1 54 34 28 52.3% DUVAL COUNTY TOTAL 0 11271 7958 5295 0.0% DUVAL COUNTY 32209 1 1696 1137 702 14.3% DUVAL COUNTY 32210 2 801 599 401 21.8% DUVAL COUNTY 32208 3 748 513 315 28.3% DUVAL COUNTY 32206 4 628 451 275 33.9% DUVAL COUNTY 32244 5 580 445 299 39.5% DUVAL COUNTY 32218 6 600 421 300 44.8% DUVAL COUNTY 32254 7 582 389 239 49.7% DUVAL COUNTY 32211 8 537 376 263 54.4% ESCAMBIA COUNTY TOTAL 0 6189 3757 2461 0.0% ESCAMBIA COUNTY 32505 1 1347 850 530 22.6% ESCAMBIA COUNTY 32506 2 632 372 254 32.5% ESCAMBIA COUNTY 32507 3 608 358 227 42.1% ESCAMBIA COUNTY 32503 4 596 355 216 51.5% FLAGLER COUNTY TOTAL 0 1064 665 402 0.0% FLAGLER COUNTY 32137 1 345 216 134 32.5% FLAGLER COUNTY 32110 2 295 185 100 60.3% 7 COUNTY Cumulative % of Code ZIP Rank Charges Referrals Youths Referrals 0 146 87 57 0.0% FRANKLIN COUNTY TOTAL FRANKLIN COUNTY 32328 1 49 37 24 42.5% FRANKLIN COUNTY 32320 2 34 26 18 72.4% GADSDEN COUNTY TOTAL 0 871 561 364 0.0% GADSDEN COUNTY 32351 1 398 270 178 48.1% GADSDEN COUNTY 32333 2 193 125 80 70.4% GILCHRIST COUNTY TOTAL 0 288 170 123 0.0% GILCHRIST COUNTY 32693 1 148 90 60 52.9% GLADES COUNTY TOTAL 0 88 54 36 0.0% GLADES COUNTY 33471 1 62 37 23 68.5% GULF COUNTY TOTAL 0 162 105 75 0.0% GULF COUNTY 32465 1 97 55 39 52.4% HAMILTON COUNTY TOTAL 0 296 130 89 0.0% HAMILTON COUNTY 32052 1 189 84 57 64.6% HARDEE COUNTY TOTAL 0 564 336 182 0.0% HARDEE COUNTY 33873 1 298 164 93 48.8% HARDEE COUNTY 33890 2 128 77 41 71.7% HENDRY COUNTY TOTAL 0 719 448 332 0.0% HENDRY COUNTY 33440 1 405 240 175 53.6% HERNANDO COUNTY TOTAL 0 1567 990 669 0.0% HERNANDO COUNTY 34609 1 328 180 112 18.2% HERNANDO COUNTY 34601 2 260 174 130 35.8% HERNANDO COUNTY 34606 3 245 155 107 51.4% HIGHLANDS COUNTY TOTAL 0 1776 1066 653 0.0% HIGHLANDS COUNTY 33870 1 630 377 218 35.4% HIGHLANDS COUNTY 33852 2 405 241 138 58.0% Zip Cumulative % of ZIP Rank Charges Referrals Youths Referrals COUNTY Code HILLSBOROUGH COUNTY 0 20336 12250 7955 0.0% TOTAL HILLSBOROUGH COUNTY 33610 1 1770 957 572 7.8% HILLSBOROUGH COUNTY 33612 2 1484 922 561 15.3% HILLSBOROUGH COUNTY 33619 3 1209 732 470 21.3% HILLSBOROUGH COUNTY 33617 4 1152 694 408 27.0% HILLSBOROUGH COUNTY 33604 5 1227 630 373 32.1% HILLSBOROUGH COUNTY 33569 6 738 483 323 36.1% HILLSBOROUGH COUNTY 33605 7 840 461 262 39.8% HILLSBOROUGH COUNTY 33607 8 815 460 264 43.6% HILLSBOROUGH COUNTY 33615 9 702 450 313 47.3% HILLSBOROUGH COUNTY 33614 10 720 446 301 50.9% HOLMES COUNTY TOTAL 0 165 92 66 0.0% HOLMES COUNTY 32425 1 81 53 39 57.6% INDIAN RIVER COUNTY 0 1231 878 618 0.0% TOTAL INDIAN RIVER COUNTY 32960 1 286 202 145 23.0% INDIAN RIVER COUNTY 32962 2 243 177 119 43.2% INDIAN RIVER COUNTY 32967 3 239 171 114 62.6% JACKSON COUNTY TOTAL 0 463 337 220 0.0% JACKSON COUNTY 32448 1 136 95 63 28.2% JACKSON COUNTY 32446 2 93 66 41 47.8% JACKSON COUNTY 32443 3 34 26 18 55.5% JEFFERSON COUNTY TOTAL 0 123 63 49 0.0% JEFFERSON COUNTY 32344 1 96 49 42 77.8% LAFAYETTE COUNTY TOTAL 0 66 16 11 0.0% LAFAYETTE COUNTY 32066 1 66 16 11 100.0% LAKE COUNTY TOTAL 0 3407 2147 1444 0.0% LAKE COUNTY 34748 1 574 401 253 18.7% LAKE COUNTY 34711 2 548 296 229 32.5% LAKE COUNTY 32726 3 376 255 182 44.3% LAKE COUNTY 32757 4 186 140 93 50.9% W Zip Cumulative % of COUNTY Code ZIP Rank Charges Referrals Youths Referrals 0 6848 4603 2622 0.0% LEE COUNTY TOTAL LEE COUNTY 33916 1 1075 737 375 16.0% LEE COUNTY 33905 2 539 353 187 23.7% LEE COUNTY 33901 3 455 315 156 30.5% LEE COUNTY 33914 4 500 313 181 37.3% LEE COUNTY 33917 5 425 289 161 43.6% LEE COUNTY 33912 6 399 274 158 49.6% LEE COUNTY 33990 7 371 268 166 55.4% LEON COUNTY TOTAL 0 2980 1887 1351 0.0% LEON COUNTY 32310 1 589 376 250 19.9% LEON COUNTY 32304 2 353 254 169 33.4% LEON COUNTY 32303 3 345 225 172 45.3% LEON COUNTY 32305 4 266 194 132 55.6% LEVY COUNTY TOTAL 0 539 381 231 0.0% LEVY COUNTY 32696 1 164 124 64 32.5% LEVY COUNTY 32626 2 126 75 49 52.2% LIBERTY COUNTY TOTAL 0 25 21 15 0.0% LIBERTY COUNTY 32321 1 12 11 8 52.4% MADISON COUNTY TOTAL 0 312 207 143 0.0% MADISON COUNTY 32340 1 172 ill 80 53.6% MANATEE COUNTY TOTAL 0 3935 3064 1911 0.0% MANATEE COUNTY 34208 1 843 649 391 21.2% MANATEE COUNTY 34221 2 570 443 286 35.6% MANATEE COUNTY 34205 3 551 436 262 49.9% MANATEE COUNTY 34207 4 486 378 228 62.2% MARION COUNTY TOTAL 0 4942 3073 2117 0.0% MARION COUNTY 34475 1 438 330 224 10.7% MARION COUNTY 34472 2 450 269 194 19.5% MARION COUNTY 34474 3 331 231 161 27.0% MARION COUNTY 34470 4 311 208 141 33.8% MARION COUNTY 34482 5 303 201 130 40.3% MARION COUNTY 34471 6 306 169 118 45.8% MARION COUNTY 34488 7 305 168 107 51.3% MARTIN COUNTY TOTAL 0 1709 1063 713 0.0% MARTIN COUNTY 34997 1 411 270 181 25.4% MARTIN COUNTY 34994 2 289 178 107 42.1% 10 MARTIN COUNTY 34956 3 322 166 101 57.8% Zip Cumulative % of ZIP Rank Charges Referrals Youths Referrals COUNTY Code 0 813 535 334 0.0% MONROE COUNTY TOTAL MONROE COUNTY 33040 1 406 279 157 52.1 % NASSAU COUNTY TOTAL 0 721 468 352 0.0% NASSAU COUNTY 32034 1 269 178 133 38.0% NASSAU COUNTY 32097 2 148 87 66 56.6% OKALOOSA COUNTY TOTAL 0 2637 1643 937 0.0% OKALOOSA COUNTY 32547 1 580 313 172 19.1 % OKALOOSA COUNTY 32548 2 560 303 145 37.5% OKALOOSA COUNTY 32536 3 235 168 93 47.7% OKALOOSA COUNTY 32578 4 213 155 97 57.2% OKEECHOBEE COUNTY 0 654 385 283 0.0% TOTAL OKEECHOBEE COUNTY 34972 1 232 184 139 47.8% OKEECHOBEE COUNTY 34974 2 383 178 127 94.0% ORANGE COUNTY TOTAL 0 17321 11777 6767 0.0% ORANGE COUNTY 32808 1 2061 1322 696 11.2% ORANGE COUNTY 32811 2 1285 917 452 19.0% ORANGE COUNTY 32805 3 1334 912 457 26.8% ORANGE COUNTY 32818 4 1093 709 371 32.8% ORANGE COUNTY 32822 5 926 617 336 38.0% ORANGE COUNTY 32839 6 912 597 333 43.1% ORANGE COUNTY 32810 7 662 456 267 47.0% ORANGE COUNTY 32703 8 680 448 275 50.8% OSCEOLA COUNTY TOTAL 0 3571 2385 1627 0.0% OSCEOLA COUNTY 34741 1 709 480 340 20.1% OSCEOLA COUNTY 34769 2 488 318 200 33.5% OSCEOLA COUNTY 34743 3 467 314 226 46.6% OSCEOLA COUNTY 34744 4 462 293 187 58.9% PALM BEACH COUNTY 0 13733 9052 5747 0.0% TOTAL PALM BEACH COUNTY 33404 1 982 669 379 7.4% PALM BEACH COUNTY 33407 2 859 548 305 13.4% PALM BEACH COUNTY 33430 3 789 483 282 18.8% PALM BEACH COUNTY 33435 4 740 462 267 23.9% PALM BEACH COUNTY 33463 5 644 444 296 28.8% PALM BEACH COUNTY 33411 6 583 424 296 33.5% PALM BEACH COUNTY 33460 7 667 423 258 38.1% PALM BEACH COUNTY 33415 8 560 391 243 42.5% PALM BEACH COUNTY 33444 9 490 331 203 46.1% PALM BEACH COUNTY 33461 10 498 313 201 49.6% PALM BEACH COUNTY 33462 11 445 295 193 52.8% Zip Cumulative % of ZIP Rank Charges g Referrals Youths Referrals COUNTY Code 0 4336 2885 1797 0.0% PASCO COUNTY TOTAL PASCO COUNTY 34668 1 526 359 217 12.4% PASCO COUNTY 34654 2 391 269 162 21.8% PASCO COUNTY 34667 3 339 229 144 29.7% PASCO COUNTY 34691 4 277 188 108 36.2% PASCO COUNTY 34652 5 262 175 101 42.3% PASCO COUNTY 33525 6 236 149 98 47.5% PASCO COUNTY 34653 7 237 148 109 52.6% PINELLAS COUNTY TOTAL 0 13282 9724 5913 0.0% PINELLAS COUNTY 33712 1 1058 788 467 8.1% PINELLAS COUNTY 33705 2 874 667 405 15.0% PINELLAS COUNTY 33711 3 829 630 362 21.4% PINELLAS COUNTY 33755 4 836 569 301 27.3% PINELLAS COUNTY 33713 5 597 468 313 32.1% PINELLAS COUNTY 33781 6 570 422 273 36.4% PINELLAS COUNTY 33756 7 418 292 181 39.4% PINELLAS COUNTY 33714 8 378 288 174 42.4% PINELLAS COUNTY 34689 9 372 285 177 45.3% PINELLAS COUNTY 33782 10 358 276 145 48.2% PINELLAS COUNTY 33702 11 348 264 176 50.9% POLK COUNTY TOTAL 0 10690 6709 4320 0.0% POLK COUNTY 33880 1 1018 678 434 10.1% POLK COUNTY 33801 2 839 553 380 18.3% POLK COUNTY 33830 3 782 498 308 25.8% POLK COUNTY 33881 4 685 430 250 32.2% POLK COUNTY 33844 5 616 406 261 38.2% POLK COUNTY 33810 6 674 396 259 44.1% POLK COUNTY 33853 7 552 369 233 49.6% POLK COUNTY 33823 8 554 341 229 54.7% PUTNAM COUNTY TOTAL 0 2159 1370 823 0.0% PUTNAM COUNTY 32177 1 964 626 352 45.7% PUTNAM COUNTY 32148 2 209 146 108 56.4% ST. JOHNS COUNTY TOTAL 0 1607 1160 710 0.0% ST. JOHNS COUNTY 32084 1 358 275 170 23.7% ST. JOHNS COUNTY 32086 2 188 149 95 36.6% 12 ST. JOHNS COUNTY 32259 3 171 134 82 48.1% ST. JOHNS COUNTY 32082 4 168 123 77 58.7% ST. LUCIE COUNTY TOTAL 0 3793 2434 1597 0.0% ST. LUCIE COUNTY 34950 1 1135 718 442 29.5% ST. LUCIE COUNTY 34953 2 518 337 228 43.3% ST. LUCIE COUNTY 34983 3 413 273 182 54.6% Zip Cumulative % of ZIP Rank Charges Referrals Youths Referrals COUNTY Code SANTA ROSA COUNTY 0 1609 991 676 0.0% TOTAL SANTA ROSA COUNTY 32570 1 399 250 163 25.2% SANTA ROSA COUNTY 32566 2 314 210 151 46.4% SANTA ROSA COUNTY 32571 3 301 189 126 65.5% SARASOTA COUNTY TOTAL TOTAL 0 3660 2573 1527 0.0% SARASOTA COUNTY 34234 1 568 427 222 16.6% SARASOTA COUNTY 34232 2 358 244 151 26.1% SARASOTA COUNTY 34287 3 447 234 139 35.2% SARASOTA COUNTY 34231 4 269 192 97 42.6% SARASOTA COUNTY 34293 5 233 181 118 49.7% SARASOTA COUNTY 34237 6 210 153 96 55.6% SEMINOLE COUNTY TOTAL TOTAL 0 6529 3888 2310 0.0% SEMINOLE COUNTY 32771 1 1452 830 444 21.3% SEMINOLE COUNTY 32773 2 569 373 207 30.9% SEMINOLE COUNTY 32765 3 718 361 252 40.2% SEMINOLE COUNTY 32707 4 501 297 165 47.9% SEMINOLE COUNTY 32708 5 405 280 187 55.1% SUMTER COUNTY TOTAL TOTAL 0 670 376 254 0.0% SUMTER COUNTY 34785 1 276 154 93 41.0% SUMTER COUNTY 33513 2 66 47 41 53.5% SUWANNEE COUNTY TOTAL TOTAL 0 509 351 236 0.0% SUWANNEE COUNTY 32060 1 204 131 93 37.3% SUWANNEE COUNTY 32064 2 135 102 68 66.4% TAYLOR COUNTY TOTAL TOTAL 0 359 244 176 0.0% TAYLOR COUNTY 32347 1 212 149 109 61.1 % UNION COUNTY TOTAL TOTAL 0 125 69 55 0.0% UNION COUNTY 32054 1 84 44 37 63.8% 13 Zip Cumulative % of ZIP Rank Charges Referrals Youths Referrals COUNTY Code VOLUSIA COUNTY TOTAL TOTAL 0 9004 5949 3561 0.0% VOLUSIA COUNTY 32114 1 1124 761 423 12.8% VOLUSIA COUNTY 32738 2 1006 641 413 23.6% VOLUSIA COUNTY 32725 3 822 535 348 32.6% VOLUSIA COUNTY 32117 4 723 469 267 40.4% VOLUSIA COUNTY 32174 5 599 417 267 47.5% VOLUSIA COUNTY 32720 6 624 413 234 54.4% WAKULLA COUNTY TOTAL TOTAL 0 339 203 148 0.0% WAKULLA COUNTY 32327 1 268 154 112 75.9% WALTON COUNTY TOTAL TOTAL 0 804 409 232 0.0% WALTON COUNTY 32433 1 207 143 98 35.0% WALTON COUNTY 32439 2 130 76 40 53.5% WASHINGTON COUNTY TOTAL 0 318 183 130 0.0% TOTAL WASHINGTON COUNTY 32428 1 182 103 77 56.3% 14 APPLICATION PROCESS Prospective grant recipients shall follow the instruction below to qualify for a grant. The procedure for submitting proposal will follow a two -stage process. The first stage of the process is the submission of a concept paper. The concept papers will be scored and applicants will be selected based on those scores. The applicants will be notified of their selection and invited to complete the full Title II — Civil Citation/Equal Justice Grant Application. Only those applicants that are selected based on the concept paper will be required to complete a full application. This process is intended to reduce the overall work required of grant applicants in that only those applicants successful in the first stage will be required to complete the entire grant application_ Timeline Civil Citation/ Equal Justice project Release Date for Concept Paper Proposal Concept Paper Proposals Due Date Fatal Flaw Review Proposal Scoring & Evaluations SAG Conference Call for Selection of Applicants Notification to Selected Applicants Final Application Due State Advisory Group Award Recommendations Earliest Grant Execution Date Mandatory Training for Awardees Project Start Date August 31, 2006 September 22, 2006 September 25, 2006 September 26 — October 3, 2006 October 4, 2006 October 5, 2006 November 10, 2006 November 16-17, 2006 November 20, 2006 December 11-15, 2006 January 1, 2007 15 GENERAL INSTRCTIONS 1. Each proposal is limited to 15 single -sided, 8.5x11 pages (excluding letters of support). Any proposal exceeding the 15-page limit will result in disqualification. 2. All proposals shall be typed, with 12-point font minimum and single-spaced. 3. Applicants shall address each section of the proposal clearly and precisely. Failure to respond to all sections will result in disqualification. CONCEPT PAPER PROPOSAL REQUIREMENT Section A - Proiect Information Applicants shall be community -based, not -for -profit organizations, divisions of local government, local law enforcement agencies, faith -based organizations and for -profit companies. Section B - Agency Information Applicants shall ensure that all information is completed. Section C - Certification The original signature certifies that all information, facts and figures are true and that if awarded a grant, the agency will comply with all statutes, regulations, grant terms and conditions and procedures for project compliance and fiscal control. The signer is certifying that these funds will not be used to supplant other resources nor for any purpose other than the funded project and that he/she is authorized to commit the agency. Sections A, B, & C are attached for your convenience (Attachment A) Please sign in blue ink. Section D — Problem Recognition and Documentation The proposal must describe the problem and support the problem description with evidence. Section E — Proiect Description The applicant must effectively describe the broad program design as well as the day-to-day operation of the service, detailing, the number of staff and their function, the targeted youth to be served, the hours and days of operation. The applicant should make the connection between the identified problem and the proposed project, providing a discussion of how success will be evaluated. 16 Section F - Proiect Goals, Objectives & Strategies Outline the major goal of the project. Provide clear, precise, measurable and performance -based deliverables and outcome objectives. Each proposal shall include a plan for the development and coordination of Civil Citation/Equal Justice projects in the specified target zip codes, making sure all of the appropriate agencies are participating. Each proposal shall include a plan to reduce the Disproportionate Minority Contact with the juvenile justice system. Each proposal shall include a plan to reduce school/School Resource Officers -initiated referrals to the juvenile justice system. Each proposal shall include a plan to reduce the number of admissions to secure detention through the use of respite options for youth charged with domestic violence. Coordination with the local shelter(s) is essential. The proposal shall include the Restorative Justice philosophy, principles and practices. http://www.AboutDJJ/Bal Rest Just/. Restorative Justice is the process whereby the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future. Each proposal shall outline innovative and effective methods to reduce arrests. Each proposal shall include a plan to actively recruit alternative sanctions/civil citation sites for youth in need of intervention, prevention, and diversion services and ensure that an adequate number of sites are accessible for cited youth. Section G- Collaborative Partners List the projects collaborative partners. All Concept Paper Proposals shall have signed letters of project support and commitment from the Chief Judge, State Attorney, Public Defender and the head of local law enforcement agency involved (Sheriff, Police and/or municipality law enforcement agency) within the circuit. Concept papers without such letters shall be disqualified. Letters of project support and commitment are encouraged from Runaway Shelter(s), School Superintendents, Alternative Sanction Coordinators (if applicable), additional municipal governments, community organizations and/or child advocacy groups. Each letter must outline the collaborative partner's willingness to provide active and ongoing cooperation and detail the level of commitment to ensure the project objectives will be met. 17 Section H - Detailed Budget and Budget Narrative Each budget shall fully disclose any proposed matching funds (may be cash or in -kind contribution). Budget items should be clearly stated, reasonable, and justified. Each Narrative must justify the cost efficiency of the project Each budget shall be outlined on the attached budget format (Attachment B) For those projects receiving matching funds from additional sources besides the Department of Juvenile Justice complete the Project Budget Match Funds Summary (Attachment C). A link to the Florida Department of Financial Services Reference Guide for State Expenditures guide is attached for your review http•//Reference Guide for State Expenditures. Section I — Timeline List specific activities. Proposal is not limited to the categories and activities provided. Provide a detailed timeline specifying when specific activities and milestones will be accomplished. DEADLINE Deliver the originally signed concept paper proposal, seven copies and one compact disc (CD) copy of the complete proposal saved in either Microsoft Word or Adobe Format no later than 5:00 PM Eastern Daylight Time on September 22, 2006. All proposals shall be delivered to: Title II Grant Concept Paper Proposal Civil Citation/Equal Justice Project Office of Research and Data Florida Department of Juvenile Justice 2737 Centerview Drive Suite 100 Tallahassee, Florida 3 23 99-3 100 The Department will not accept proposals submitted by electronic mail or by facsimile machine. If packages are delivered via private courier (e.g., FedEx, DSL) the phone number for the Office of Research and Planning is (850) 414-2238. It is the responsibility of the applicant to ensure that the Department, by the deadline date and time, receives deliveries. 18 Subsequently, for Notified Selected Applicants Only Full Grant Application Delivery and Shipping Address: Full applications for Title II Delinquency Prevention grant funds (plus seven copies and one CD copy) of the complete proposal saved in either Microsoft Word or Adobe Format for FY 2006-2007 are due no later than 5:00 PM Eastern Daylight Time on November 10, 2006. Only applicants notified of their selection are permitted to submit full applications. All applications shall be delivered to: Title II DJJ Grant Applications Civil Citation/Equal Justice Project Office of Research and Planning Florida Department of Juvenile Justice 2737 Centerview Drive Suite 100 Tallahassee, FL 32399-3100 The Department will not accept applications submitted by electronic mail, on diskette or by facsimile machine. If packages are delivered via private courier (e.g., Fed Ex) the phone number for the Office of Research and Planning is (850) 414-2238. It is the responsibility of the applicant to ensure that the Department, by the deadline date and time, receives deliveries. 19 A TT A f NF.MVNT A SECTIONA. PROJECT INFORMATION 1. Project Name 2. Amount of Grant Funds Requested SECTION B. AGENCY INFORMATION 1. Agency Name and Contact Name 2. Street Address 3. Mailing Address 3. City FL 5. Zip Code 6. Area Code, Telephone Number & Extension of Contact Person 7. Area Code and Fax Number 8. Federal Identification Number 9. Function (Check one) o Law Enforcement o Schools o Court o Prosecution o Diversion o Probation o Social Service o Other: 10. Name of Fiscal Officer 11. Fiscal Officer's Area Code, Telephone Number and Extension 12. Name of Sub -grantee Agency if Applicable 13. Mailing Address for Sub -grantee Agency if Applicable SECTION C. CERTIFICATION I do hereby certify that all facts, figures, and representations made in the application are true and correct. Furthermore, all applicable statutes, terms, conditions, regulations, and procedures for project compliance and fiscal control will be implemented to ensure proper accountability of grant funds. I certify that the funds requested in this application will not supplant funds that would otherwise be used for the purposes set forth in this project. The filing of this application has been authorized by the contracting entity and I have been duly authorized to act as the representative of the agency in connection with this application. I also agree to follow all terms, conditions, and applicable federal and state statutes. Type Authorized Official's Name Authorized Official's Title Authorized Official's Signature Date 20 ATTACHEMNT B CIVIL CITATION/EQUAL JUSTICE BUDGET PROPOSAL The project budget summary shall display program costs to be paid by the Department if the project is funded. List all proposed budget line items. 2 3 4 5 Type of Expense Bud et - First year Note: Attach a narrative by line item to explain the expense and source for budget item Unit Cost Number of Units Amount Unit Total 1 2 3 4 5 6 7 8 9 10 11 TOTALS 21 ATTACHMENT C CIVIL CITATION -EQUAL JUSTICE BUDGET MATCH FUNDS SUMMARY For those projects receiving funds from additional sources besides the Department of Juvenile Justice complete the Project Budget Match Funds Summary. 1 2 3 7 8 Note: Attach a narrative explaining source of additional matching funds or contributions Budget Line Items Program Matching Funds Total Percent of Total for Match 1 2 3 4 5 6 7 8 9 10 11 TOTALS 22 CIVIL CITATION GOALS OBJECTIVES & STRATEGIES SECTION D — PROBLEM RECOGNITION AND DOCUMENTATION Although statewide data indicates there has been a clear reduction in juvenile delinquency rates in Florida, data from the counties that comprise the 19"' Circuit; St. Lucie, Indian River, Okeechobee and Martin, identifies local problems that call for an increase in services. The decrease in juvenile referrals for misdemeanors has not been uniformly distributed across the different counties and the juvenile population within the counties. Rates of decrease in misdemeanor referrals vary according to ethnicity, gender, offense and geographical location. Additionally, local data indicates that some situations in the 19t" Circuit conflict with statewide trends. In Indian River County variation by ethnicity is clearly indicated. The number of non judicial referrals for whites dropped from 190 to 148 (22%), from the year 2003/2004 to 2004/2005, however the number of referrals during that same period for blacks increased from 71 to 77 (7%). This increase was the result of an increase in referrals for black females from 26 to 32, a 23% increase, while referrals for black males remained the same at 45. During the same time period rates for white females dropped precipitously from 86 to 51, a decrease of 40%. While the decrease for white males was significant, from 104 in 2003-2004 to 95 (9%) for 20044-2005, (after a decrease the previous year of 41 %), the number of referrals for black males remained the same at 45 for 2003-2004 and 2004-2005. Ethnicity was also a factor in Martin County during this time period. Referrals increased for black males from 71 to 78 (9%) and for black females from 27 to 30 (11%), while referrals decreased for white males from 162 to 145 (10%) and for white females from 69 to 62 (10%). While the data documenting reductions in referrals for all groups manifests a steady decline over several years in Martin, Indian River and Okeechobee counties, this isn't the case for St. Lucie County. During the 2 year time period discussed above, St. Lucie County had two consecutive years of substantial decreases in referrals for all groups. However, while these successes were very laudable, the situation presents less positively when interpreted in a more long term perspective. The year 2002-2003 saw a tremendous increase in referrals, 79.5% over the previous year. Thus, even with recent reductions there were still 17% more referrals in 2004-2005 (823) than there were in 2001 /02 (704). Although there has been an overall reduction in juvenile referrals and substantial reductions for non -marijuana referrals, there has been a huge increase in referrals for marijuana use throughout the state. Misdemeanor non -marijuana referrals dropped by 42% in the last ten years, but misdemeanor maryuana referrals increased by 102%. However, data presented by the counties comprising the 19 Circuit does not conform to this trend. St. Lucie County reports a drop in marijuana misdemeanor non -judicial referrals from 80 in 2002-2003 to 38 (53%) in 2003-04 to 25 (34%) in 2004-2005. Okeechobee County also reported a decline in referrals from 17 to 11 (35%) from 2003-2004 to 2004-2005, but the five-year trend is up and down with increase in 2001-2002 and 2003-2004. Martin County reports a fairly similar trend with an increase in 2001-2002 and 2004-2005, and decreases in 2002-20003 and 2003-2004. Given these up and down trends in Okeechobee County and Martin County, it is not possible to make a strong argument that concerns about marijuana use should be alleviated. There has also been reported an increase in referrals for assault/battery across the state to the extent that it is the most common reason for referral to DJJ. In this Circuit this trend has been bucked by St. Lucie County, which reports a reduction in referrals from 212 in 2002-2003 to 162 (24%) in 2003-2004 to 132 (19%) in 2004-2005. Schools continue to be a large referral source for DJJ (Research and Evaluation Unit, April 2006) and schools in the 191h Circuit are above the statewide average of 19% for 2004-2005. Martin County and Okeechobee County schools had referral rates of 26%, while St. Lucie County schools had a rate of 22% and Indian River County schools had a rate of 20%. DJJ reports that black males and females are more likely to receive a school related referral than non -black counterparts and that females were more likely to be referred than males for misdemeanors. It is reported that the most serious offense for 63% of the school referrals was for a misdemeanor. In the counties of the 19th Circuit a substantial number of youths have been handled non - judicially for misdemeanor offenses. In the year 2004-2005, in the zip codes identified with the largest number of misdemeanors for all four counties, a total of 439 youths were handled this way out of a total of 1317 youths arrested for misdemeanors. This means that 33.3% of all misdemeanor arrests were handled non -judicially. However, there is great variation in the degree that this occurs in each county. St. Lucie County with 44% had the highest percentage of cases handled non judicially. Martin County came next with 37%, then Indian River County with 27% and finally Okeechobee County with 22%. These variations may reflect a geographical barrier to access to diversion programs. Some programs like the ones cited below are city operated programs and thus do not serve youths in the unincorporated areas of the county. These areas are in many instances the fastest growing communities in the counties. Juvenal diversion programs have been highly successful with referrals for misdemeanors in the area of the 19th Circuit. The program at the City of Ft. Pierce reported that for the year 2004- 2005, they achieved success in 33 out of 36 cases (90%) and in 2005-2006 they achieved success in 55 out of 59 cases (90%). The program at the City of Pt. St. Lucie reported 107 successes out of 172 cases (63%) and 125 successes out of 182 cases (68%) for the same time period. In summary, a review of local data suggests that although the situation in the 19th Circuit shares some of the characteristics of statewide trends, the local situation also varies significantly with the statewide trend and between the counties that make up the 19th Circuit. The data also indicates an existing need for ways to handle cases non judicially and that such programs are successful. It is important that programs are tailored to be responsive to local conditions. The analysis above identifies four areas that should be targeted: marijuana use, the school setting, assault/battery and the lower rates of reduction of misdemeanor rates for black youth. SECTION E — PROJECT DESCRIPTION The Civil Citation Grant Initiative program seeks to provide the circuit with a Referral Reduction Coordinator who will unite key stakeholders in the community to reduce the number of juvenile referrals to the system. Currently there is a gap where our existing diversionary programs are not reaching rural and suburban areas. One of the primary goals is to address the needs of the populations in the four counties where diversionary needs are not being met. In order to achieve the stated goals, the RRC will be utilizing: 1. Peace -Making Circles - Our plan is to institute peace -making circles, an important component of Restorative Justice, through a "train -the -trainer" program. We would recruit an expert in peace -making circles to train the RRC, who would, in turn, train those involved in the community, law enforcement and our schools, so that this extremely effective method could be used as an alternative to diversionary programs. 2. Utilization of community volunteers for victim support or as victim advocates 3. "Crime repair crews", which are supervised offender community service crews who repair the damage of the offender's behavior. 4. Group Conferencing, which is led by a trained facilitator and involves face-to-face contact among one or more victims, the offender, supporters for both, and others who were affected by the offense. 5. Peer Mediation programs in schools The program will be designed as follows: I. Police Intervention A. The juvenile engages in activity which results in police intervention and the completion of a report (arrest or complaint affidavit). B. The Officer will determine whether it is appropriate to refer the youth's matter to the Referral Reduction Coordinator for diversion. C. The Officer will contact the youth's parents and direct them to contact the Referral Reduction Coordinator within 2 business days. D. The referral along with the affidavit is sent to the Referral Reduction Coordinator II. Intake Conference A. The Referral Reduction Coordinator receives the paperwork, reviews for accuracy and determines that the youth is appropriate for diversion. B. The youth is entered into JJIS. C. A Notice to Appear is mailed to the family within five (5) business days, informing them of the referral and directing them to report for an intake conference within three (3) weeks. D. The youth and family appear for the conference. The RRC evaluates the youth's needs and gives the youth growth opportunities to complete. These opportunities could be a referral to Teen Court, Peer Reviews, Counseling, Attend a Restorative Justice Peacemaking Circle, etc. The youth and family are informed that his/her failure to complete all the process will result in consequences that could include referral to the State Attorney's Office for filing. III. Monitoring and Follow-up A. The RRC will maintain monthly contact with all involved parties to ensure the youth's cooperation and progress. B. The youth and family will return to the RRC's office for a review 90 days from the initial intake conference, or earlier if deemed necessary by the RRC. At this meeting, the youth will provide the RRC with completion certificates from all of the programs that he/she attended. Monitoring may be extended or terminated based on a case -by -case determination by the RRC. C. The youth and his family will be provided with proof of his/her completion of the program. The youth and his/her family will also be provided with a list of activities, events and programs to attend within their community. IV. Staff A. The program will consist of the Referral Reduction Coordinator. The 19t�' Judicial Circuit Office of Court Administration will provide the coordinator with supervision, administrative support, office space and related equipment as an in -kind service. V. Hours of Operation A. The program will operate Monday through Friday from 8:00 — 5:00 PM. The Coordinator will also have evening hours in each county location weekly. The arrests of juveniles for less serious misdemeanor crimes have not declined. In fact in 2004- 2005 more youth were referred to the Department of Juvenile Justice for misdemeanor offense than any other type of delinquency. Currently in Circuit 19, while there are diversionary programs available, they are not reaching out to the entire community. The overall goal of this program is to reach the youth before it is necessary for them to enter into diversion programs. One of the ways that the program will attempt to meet this goal is by bridging the gap that exists between law enforcement, the judicial system, the community, the school system and the youth. The Referral Reduction Coordinator will serve as an intermediary between these agencies. In addition, the RRC will be a liaison with the Circuit's runaway shelters. The Coordinator will gather and maintain statistical data on the diversionary programs offered in each county, such as initial referrals, successful completion data, demographics, client evaluations, recidivism, established prevention systems, trainings provided, and interagency contacts. SECTION F - PROJECT GOALS, OBJECTIVES & STRATEGIES 1. DEVELOPMENT AND COORDINATION OF PROJECTS IN THE ZIP CODE TARGET AREAS, MAKING SURE ALL APPROPRIATE AGENCIES ARE PARTICIPATING. The 19�' Circuit currently has a Teen Court and Delinquency Diversion program which handles youth referred to the Teen Court Director by the Department of Juvenile Justice. In addition, three police departments (in Stuart, Port St. Lucie and Ft. Pierce) also have their own Youth Court and/or delinquency diversion programs. However, several of the ten target zip codes include areas where the local Sheriffs' Departments provide law enforcement, and the municipal law enforcement -based diversion programs indicated above do not cover these areas. One of the first responsibilities of the Referral Reduction Coordinator (RRC) would be to establish relationships with those Sheriffs' Departments and with the schools, through the School Resource Officers, so that 100% of the target areas would be addressed. RRC would also work with the four County School Boards to develop ways to integrate the concept of Restorative Justice in response to school offenses. Existing diversion alternative programs in municipalities will not be affected by the Referral Reduction Coordinator Program, and referrals to such municipal programs will not have to be made through the Referral Reduction Coordinator. However, youth who fail to complete all sanctions assigned by a municipal diversion alternative program may be referred to the Referral Reduction Coordinator Program for further interventions. The 19t" Circuit currently has three avenues to assist in the development of relationships with community resource organizations, law enforcement, and the judiciary. Constructive interaction with the following organizations would be an integral part of the RRC's duties. They are: a) the Steering Committee of the Shared Services Network's Executive Roundtable, an organization that tackles such issues as teen health (including mental health), substance abuse, academic success, economic sufficiency and violence prevention; b) the Delinquency Prevention Network, a new subcommittee of the Steering Committee whose members include representatives of faith -based organizations and law enforcement officers who are devoted to anti -gang and other initiatives; and c) the Family Law Advisory Group (FLAG). As an example of the importance of these groups, and the contacts the RRC will make through them, the following are just a few of the items on the agenda from the August, 2006 Delinquency Prevention Network meeting: a Department of Juvenile Justice update on their Redirection Program and Probation Sweeps, an update on the Circuit's diversion programs, advocacy for truancy court, an update on the Boys & Girls Club truancy project, a discussion on how to best utilize media resources so as to alert the public to such programs, and a request that "runaway issues" be added to the next agenda. 2. PLAN TO REDUCE DISPROPORTIONATE MINORITY CONTACT WITH THE JUVENILE JUSTICE SYSTEM As Martin Luther King once said, "Injustice anywhere is a threat to justice everywhere." Over -representation of minority youth exists in the juvenile justice system when the percentage of minority youth exceeds their proportion in the general population (Please see Attachment "A" with the chart compiled from 2000 Census figures, showing the percentages of minority .. a population in the ten targeted zip codes. It is important to point out, however, that as recently as June 21, 2006, the U.S. Census Bureau indicated that Port St. Lucie, which contains three of the targeted zip codes, is one of the top ten fastest growing cities in the nation.) The RRC must take an active role in addressing DMG This can be accomplished by: a) Communicating with local bar associations to share information and strategies to reduce DMC. b) Cultural Competency, which is defined as "a set of congruent behaviors, attitudes, and policies that come together in a system, agency, or among professionals and enables that system, agency, or those professionals to work effectively in cross—cultural situations (Cross et al., 1989; Isaacs & Benjamin, 1991). c) Becoming familiar with alternatives to detention, such as after -school programs, community service organizations (i.e. Boys and Girls Club), faith -based organizations and counseling services. d) Education and training, not just for the youth, but for the adults who work with and serve them. One area of education is in the area of cultural diversity and sensitivity. The RRC would contact individuals in the area who can provide training in such cultures as Spanish, Creole, and Konjubal. Utilizing these individuals and other community -based organizations to provide cultural -sensitivity training would be of enormous help in this area. 3. PLAN TO REDUCE SCHOOL/SRO-INITIATED REFERRALS TO THE JUVENILE JUSTICE SYSTEM The RRC will build relationships with all SROs in each school district within our four counties through a 6-step process: a) Referral comes in from SRO and is reviewed by RRC b) Intake - RRC meets with offender and parent(s) or guardian and decides next step c) Refer, if necessary, to appropriate Youth/Teen Court, Delinquency Diversion Panel or Peer Review Panel. As an alternative, the youth may be referred to community service, counseling, and/or involvement with a community or faith -based organization. d) Monitor - the RRC monitors the progress of the youth e) Review - follow-up within the appropriate time -frame f) Formal completion of the program, including the awarding of certificates to the successful candidates. 4. PLAN TO REDUCE # OF ADMISSIONS TO SECURE DETENTION THRU USE OF RESPITE OPTIONS FOR YOUTH CHARGED WITH DV & COORDINATION WITH LOCAL SHELTERS. The Treasure Coast Division of the Children's Home Society of Florida (CHS) provides shelter care for youth who need a "time out" or a "cool off ' period from their families, as well as homeless or runaway youth. The main resource is their shelter, Wave CREST, which has a total of 12 beds for this purpose. If there is no space available in that shelter when a youth is referred, CHS may place him/her in one of their shelters in another area, such as one located in West Palm Beach. Youth referred to CHS shelters are screened and assessed by a social worker who is supervised by a licensed social worker, and provided with individual and/or family therapy as deemed appropriate. The Children's Home Society also operates a nonresidential CINS/FINS program that provides case management services to families, whether the youth enters the shelter q f or not. To reduce the number of children placed in secure detention, the RRC will act as a liaison between law enforcement agencies and CHS as well as with other service providers. The RRC will educate law enforcement agencies of the availability of respite care at CHS for youth as an alternative to being charged with domestic violence. In addition, the RRC will expedite referrals and will develop protocols to ensure successful communication and the coordination of policies and practices. 5. RESTORATIVE JUSTICE PHILOSOPHY, PRINCIPLES AND PRACTICES (INCLUDE AFTER -SCHOOL ALTERNATIVES) According to Kay Pranis, the Restorative Justice Planner for the Minnesota Department of Corrections, restorative justice is "a theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. It is best accomplished through cooperative processes that include all stakeholders." The 3 main principals of Restorative Justice are : a) In order for justice to occur, we must work to heal victims, communities and offenders who have been injured; b) The victims, communities and offenders should have the opportunity to participate as early and fully as possible, and c) Government is responsible for a just order, and the community's role is for a just peace. "Restorative Justice Online" (www.restorativeiustice.org indicates that the practices of Restorative Justice will respond to crime by a) "identifying and taking steps to repair harm," b) "involving all stakeholders," and c) "transforming the traditional relationship between communities and their governments in responding to crime." The practices the RRC will employ include mediation between the victim and offender, peace -making circles, victim and/or ex -offender assistance, restitution and community service. 6. OUTLINE INNOVATIVE AND EFFECTIVE METHODS TO REDUCE ARRESTS a) Peace -Making Circles - Our plan is to institute peace -making circles, an important component of Restorative Justice. We would recruit an expert in peace -making circles to train the RRC and those involved in the community, law enforcement and our schools, so that this extremely effective method could be used as an alternative to diversionary programs. b) Utilization of community volunteers for victim support or as victim advocates c) "Crime repair crews", which are supervised offender community service crews who repair the damage of the offender's behavior. d) Group Conferencing, which is led by a trained facilitator and involves face-to-face contact among one or more victims, the offender, supporters for both, and others who were affected by the offense. e) Peer Mediation programs in schools f) Law enforcement involvement in prevention efforts, such as fire prevention videos and those produced by MADD, mentoring and involvement with groups like PAL (Police Athletic League), the latter of which already has a strong presence in the I9t" Circuit. 7. PLAN TO ACTIVELY RECRUIT ALTERNATIVE SANCTIONS/CIVIL CITATION SITES FOR YOUTH IN NEED OF INTERVENTION, PREVENTION AND DIVERSION SERVICES & ENSURE THAT ADEQUATE NUMBER OF SITES ARE ACCESSIBLE FOR CITED YOUTH. a) Partner with existing programs (Port St. Lucie, Ft. Pierce and Stuart Police Departments' existing programs. b) Work with Chamber of Commerce in cities and counties to develop more sites. c) Work with area shopping malls to develop more sites. d) Work with faith -based organizations to develop more sites. e) Work with Sheriff s offices and other law enforcement agencies to develop more sites. St. Lucie County Mosquito Control District 09/22/06 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #51- 16-SEP-2006 TO 22-SEP-2006 FUND SUMMARY- MOSQUITO FuND TITLE EXPENSES 145 Mosquito Fund 121,613.22 145117 FDEP Coastal Zone Managment Program 506.00 145120 USDA Emerg Watershead 5,759.00 GRAND TOTAL: 127,878.22 PAGE 1 PAYROLL 44,105.55 0.00 0.00 44,105.55 St. Lucie County Mosquito Control District www.co.st-1ucie.fl.us Joseph E. Smith, Chairman District No. 1 Paula A. Lewis, Vice Chairman District No. 3 Doug Coward District No. 2 Frannie Hutchinson District No. 4 Chris Craft District No. 5 AGENDA September 26, 2006 MINUTES Approve the minutes from the meeting held on September 12, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LIST Approve Warrants List No. 50 and 51. 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. MOSQUTO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 12, 2006 Convened: 11:35 a.m. Adjourned: 11:36 a.m. Commissioners Present: Chairman, Joseph Smith, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Chris Craft Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Jim David, Mosquito Control Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held August 22, 2006, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 47,48,49. 2. COUNTY ATTORNEY A. Florida Department of Agriculture and Consumer Services- Annual Agreement- The Board approved the proposed 2006-2007 agreement with the Florida Department of Agriculture and Consumer Services and authorized the Chairman to sign the agreement. B. Impoundment Restoration- Twelfth Amendment - The Board approved the proposed twelfth amendment to the May 25, 2004 agreement with Native Technologies, inc. (C04-05-395 and authorized the Chairman to sign the amendment. MOSQUITO CONTROL Authorize the approval of Budget Resolution No. 06-006 - The Board approved Budget Resolution No. 06-006 budgeting a $50,000 grant from the Indian River Lagoon National Estuary Program, and authorized execution of the Resolution by the Chairman. 4. PURCHASING A. First Amendment to Work Authorization No. 24 - The Board approved the First Amendment as to Work Authorization No. 24 (amends the schedule, exhibit "C" and authorized the Chairman to sign the Amendment as prepared by the County Attorney. B. Hazen & Sawyer Second Amendment- The Board approved the Second Amendment to Work Authorization No. 19 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. C. Award of RFP # 06-097- Benthic Studies for Little Mud Creek- The Board approved awarding continuing contracts to the two top ranked firms: Smithsonian Marine Station and the Louis Berger Group and approved Work Authorization # 1 for the Little Mud Creek Project to the top ranked firm, Smithsonian Marine Station for $14,151.20 annually and authorized the Chairman to sign the Contract and Work Authorization as prepared by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 2 09/15/06 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #50- 09-SEP-2006 TO 15-SEP-2006 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 91,759.37 145120 USDA Emerg Watershead 25,406.92 145829 SFWMD/Vitolo Salt Marsh Restoration 44,946.07 146 Mosquito State I Fund 5,967.99 PAYROLL 0.00 0.00 0.00 0.00 GRAND TOTAL: 168,080.35 0.00 St. Lucie County Erosion District St. Lucie County Erosion District www.co.st-lucie.fl.us Frannie Hutchinson, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Joseph Smith District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 AGENDA September 26, 2006 MINUTES Approve the minutes from the meeting held on September 12, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LIST Approve Warrants List No. 50 and 51. 2. PUBLIC WORKS Agreement to accept donation of barge for the St. Lucie County Artificial Reef Program - Consider staff recommendation to approve 1) the attached agreement for the County to accept the donation of the barge from D.S. Tug and Barge, Inc., 2) Work Authorization No. 6 with Lee Harris, P.E., PhD, in the amount of $5,590.00, to conduct a pre- and post -deployment dives of the barge, and 3) execution of said contracts by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 12, 2006 Convened: 11:36 a.m. Adjourned: 11:37 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Joseph Smith, Doug Coward, Chris Craft Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes of the meeting held on August 22, 2006, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 47,48 and 49. 2. PUBLIC WORKS A. Approval to submit an application request and supporting Resolution No. 06-005- The Board approved the Florida Beach Erosion Control Program funding application request to FDEP and authorized the Chairman to sign Resolution No. 06-005. B. Project Grant Agreement No. H6SL1 with the Florida Department of Environmental Protection- The Board approved 1) the project agreement H6SL1 with the Florida Department of Environmental Protection, contingent on review and approval of the final agreement by the County Attorney 2) approved Budget Resolution No. 06-006 and 3) approved the execution of said documents by the Chairperson. There being no further business to be brought before the Board, the meeting was adjourned. Chairman 09/22/06 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #51- 16-SEP-2006 TO 22-SEP-2006 FUND SUMMARY- EROSION I FUND TITLE EXPENSES 184 Erosion Control Operating Fund 402.09 GRAND TOTAL: 402.09 PAGE 1 PAYROLL 5,144.04 5,144.04 09/15/06 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #50- 09-SEP-2006 TO 15-SEP-2006 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 16,527.86 GRAND TOTAL: 16,527.86 PAGE 1 PAYROLL 0.00 0.00 AGENDA REQUEST ITEM NO. C-2 Date: September 26, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: : PUBLIC WORKS -EROSION 3710 aja;j &Uz�ek SUBMITTED BY ( DEPT ) Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Agreement to accept donation of barge for the St. Lucie County Artificial Reef Program. BACKGROUND: D.S. Tug and Barge, Inc. is offering to donate a 120-foot by 34-foot steel barge to the County's Artificial Reef Program. Said barge will be cleaned according to U.S. Coast Guard specifications, towed to the County's offshore artificial reef site and sunk by D.S. Tug and Barge, Inc. All work will be done according to the attached deployment plan as reviewed and approved by County staff. After the barge sinks and rests on the bottom, ownership will change to the County. The barge will add complexity to existing artificial reefs in the area and provide a platform to create additional relief (height) for future deployments. Attached is a contract prepared by the County Attorney for the County to accept the donation of the barge. Work Authorization No. 6 with Lee Harris, P.E., PhD to conduct a pre- and post -deployment dive of the barge, in the amount of $5,590, is also attached. FUNDS: Funds ($5,590) will be made available in Account #184-3710-563005-39003: Erosion District -Artificial Reef. PREVIOUS ACTION: November 22, 2005: Board approved the selection of Mr. Lee E. Harris as artificial reef consultant RECOMMENDATION: Staff recommends Erosion District Board approval of 1) the attached agreement for the County to accept the donation of the barge from D.S. Tug and Barge, Inc., 2) Work Authorization No. 6 with Lee Harris, P.E., PhD, in the amount of $5,590.00, to conduct a pre- and post -deployment dives of the barge, and 3) execution of said contracts by the Chairperson. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 [x]County Attorney--A- [x]Originating Dept. Public Works Coordination/S ianatu res [x]Mgt. & Budget f 1I� [x]Marine Resource Coor r 4 CONCURRENCE: Doug Coun min [x]Fiscal Coordinator_ [ ]FinanceDept. ARTIFICIAL REEF DONATION AGREEMENT THIS AGREEMENT is made this day of , 2006, between ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida ("District"), whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, and D S TUG AND BARGE, INC., a Florida corporation ("Donor"), whose address is 1323 SE 171h Street, 115, Fort Lauderdale, FL 33316. WITNESSETH: WHEREAS, the District has an Artificial Reef Program that creates new reef systems that enhance the marine ecosystem and recreational fishing and diving in the coastal waters adjacent to St. Lucie County; and, WHEREAS, the District recognizes the importance of an enhanced marine environment to the economy and quality of life for St. Lucie County residents; and, WHEREAS, the Artificial Reef Program maintains two (2) permitted offshore artificial reef sites with depths that range from forty to two hundred feet deep; and, WHEREAS, the Donor desires to donate a 120' x 34' barge suitable for use as an artificial reef; and, WHEREAS, a mutually agreeable site to create a deep water fishing reef has been designated. NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, the District and The Donor agree as follows: 1. The Donor is the registered owner of a 120' x 34' barge, known as "Barge Number D522." 2. The Donor agrees to obtain all inspections and permits from all applicable state or federal agencies including but not limited to the United States Coast Guard, U.S. Army Corps of Engineers, and Florida Department of Environmental Protection and to comply with all applicable state and federal rules and regulations, including cleaning and otherwise readying the barge for deployment and sinking at the District's offshore artificial reef site. g: \atty\agreemnt\reef.ds.wpd 3. The Donor agrees to provide for the transportation of the barge to the offshore artificial reef site and sink the barge in the area marked for deployment by the District's consultant. The barge shall be sunk in accordance with the "Deployment Plan for Sinking of D5 Barge Number D522", a copy of which is attached hereto and incorporated herein as Exhibit "A." Sinking of the barge shall be completed within thirty (30) days following the date first written above, subject to extension due to adverse weather or sea conditions as agreed upon by the parties. 4. The Donor agrees to perform all work in accordance with the terms and conditions of U.S. Army Corps of Engineers Permit No. SAJ-2004-1769 (IP-JBH), a copy of which is attached hereto and incorporated herein as part of the deployment plan (Exhibit "A") 5. Upon satisfactory deployment onto the floor of the Atlantic Ocean of such vessel, the Donor agrees to convey such vessel to the District utilizing the Bill of Sale attached hereto as Exhibit "B." The vessel shall rest in a stable position within the 300- foot diameter deployment area and shall pose no hazards to navigation or diving. 6. The Donor shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Donor shall also provide the District with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the District's approval for adequacy. The District shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub -contractors are used by the Donor, it shall be the responsibility of the Donor to ensure that all its sub -contractors comply with all the insurance requirements contained herein relating to such sub -contractors. All insurance companies providing insurance under this Contract shall be licensed and authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the District. At the option of the District, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the District, its elected and appointed officials, employees, volunteers and agents, or the Donor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. g: \atty \agreemnt\reef.ds.wpd Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Donor shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $500,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Donor shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. The coverages of Owners and Contractors Protective, Contractual Liability and the coverage of XCU shall be included. The Contractual Liability coverage shall be specifically endorsed to include indemnity and hold harmless requirements set forth herein. C. AUTOMOBILE LIABILITY The Donor shall provide and maintain during the life of the Agreement, at his, its or their own expense, Automobile Liability for claims of bodily injury and property damage for minimum limits of $1,000,000.00 combined single limit. D. JONES ACT The Donor shall provide and maintain sufficient coverage as required under the Jones Act to cover all effected employees. The policy shall also provide the District will be given a thirty (30) days written notice of cancellation or non -renewal. E. OTHER INSURANCE PROVISIONS 1. The Donor's insurance coverage shall be primary insurance as respects the District, its Officers, Officials, Employees, Agents and Volunteers. Any insurance or self-insurance maintained by the District, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Donor's insurance and shall not contribute with it. 9 \atty\agreemnt\reef.ds.wpd 2. Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the District, its Officers, Officials, Employees, Agents, or Volunteers. 3. The Donor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 6. The Donor shall, upon execution and return of this Agreement to the District, furnish to the District a bond in a form acceptable to the District covering the faithful performance of this Agreement and the payment of all obligations arising hereunder in the amount of twenty-five thousand and 00/100 dollars ($25,000.00). The liability of the Donor and its surety or sureties for the faithful performance of this Agreement and the payment of all obligations arising hereunder is joint and several. The bond required hereunder shall meet the following minimum standards: A. The surety issuing the bond must be licensed to do business in the State of Florida, hold a certificate of authorization to write surety s in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. B. The attorney -in -fact must provide a certified copy of his or her power of attorney to sign the bond. C. The name, address and telephone number of the surety and its agent must be listed on the bond. D. The surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the bid is issued for the project. 7. The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 8. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in g:\atty\agreemnt\reef.ds.wpd any subsequent proceeding concerning the disputed issue. 9. Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Donor and the District or its representative. At all times, the Donor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the District or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the District or its representatives who shall reduce the decision to writing. 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 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 justifiable in federal court. g: \atty\agreemnt\reef.ds.wpd IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney D.S. TUG AND BARGE, INC. ATTEST: BY: Secretary 9.\atty\agreemnt\reef.ds.wpd President (Seal) BILL OF SALE Know all men by these presents, that this day of , 2006, D 5 Tug and Barge, Inc., a Florida corporation, whose address is 1323 SE 17th Street, 115, Fort Lauderdale, FL 33316, hereinafter referred to as "Seller", and St. Lucie County Erosion District, a dependent taxing district of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as "County". Witnesseth, that the Seller, for and in consideration of the sum of Ten and 0/100 ($10.00) Dollars, and other good and valuable consideration in hand paid by District to Seller, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered to the District and its successors and assigns, forever, the following goods and chattel: One 120' x 34' barge identified as Barge Number D522 To have and to hold the same unto the District and its successors and assigns, forever. IN WITNESS WHEREOF, the Seller has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED BY D 5 TUG AND BARGE, INC. IN THE PRESENCE OF US. ATTEST: D 5 TUG AND BARGE, INC. Secretary STATE OF FLORIDA COUNTY OF President (SEAL) The Foregoing instrument was acknowledged before this day of 2006, by , as of D 5 Tug and Barge, Inc., a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced a driver's license issued within the past 5 years as identif ication. Exhibit "B" g :\atty\agreemnt\reef.ds.wpd DANAtw,Ts-coM D. R. FREED, INC. 15 AUG 2006 Deployment Plan for Sinking Of Barge Number DS22 Specs: Barge is owned by DS Tug and Barge Inc. Barge is 120' x 34' Barge material is steel Barge is insured by Lloyds and XL Specialty Insurance Co, Inc Tugboat to be used is Owned by Dana Tugs and insured by Lloyds and XL Specialty Insurance Co, Inc Equipment To Be Carried Onboard Tug: 1 set of oxy\ acetylene tanks with cutting torch accessories Minimum of two 3" pumps with 100' of discharge hose Dive Equipment Hand tools necessary to remove any temporary patches Procedures before departure: All materials and contaminants shall be removed from interior and exterior of barge Cut four 2' diameter holes in bulkheads, 2 high and 2 low Cut five 2' diameter holes per side just above waterline and secure with Tucker Patches for transport to site Cut four holes per side on deck to help release air Barge will be inspected by U.S.C.G. at the request of St. Lucie County Submerge Procedures: Tow barge to site and position tug alongside Secure barge to pre -sunk concrete anchor using 250' of tow line Remove all hatch covers Using pumps stationed onboard tug begin to flood barge Ensure water is distributing evenly As barge begins to sink on its own remove hoses and stand tug off Observe barge as it submerges to ensure it sinks completely to bottom 1323 SE 17th Street, #115 Fort Lauderdale, FL 33316 Phone: (954) 728-8631 Fax: (954) 728-8632 EXHIBIT "A" BILL OF SALE Know all men by these presents, that this day of , 2006, D 5 Tug and Barge, Inc., a Florida corporation, whose address is 1323 SE 17th Street, 115, Fort Lauderdale, FL 33316, hereinafter referred to as "Seller", and St. Lucie County Erosion District, a dependent taxing district of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as "County". Witnesseth, that the Seller, for and in consideration of the sum of Ten and 0/100 ($10.00) Dollars, and other good and valuable consideration in hand paid by District to Seller, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered to the District and its successors and assigns, forever, the following goods and chattel: One 120' x 34' barge identified as Barge Number 0522 To have and to hold the same unto the District and its successors and assigns, forever. IN WITNESS WHEREOF, the Seller has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED By D 5 TUG AND BARGE, INC. IN THE PRESENCE OF U5: ATTEST: D 5 TUG AND BARGE, INC. Secretary President (SEAL) STATE OF FLORIDA COUNTY OF The Foregoing instrument was acknowledged before this 2006, by $ as and Barge, Inc., a Florida corporation, on behalf of the corporation known to me or has produced a driver's license issued within identification. Exhibit "B" g:\atty\agreemnt\reef.ds.wpd _ day of of D 5 Tug He/She is personally the past 5 years as C05-11-619 (WA #06) WORK AUTHORIZATION NO. 06 Professional Services Related to Pre- and Post -Deployment Dives for Donated Barge Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Mr. Lee E. Harris, P.E., PhD (the "Consultant") dated November 22, 2005 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part thereof as Exhibits "A", "B", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MR. LEE E. HARRIS, P.E., PhD BY: Print Name: Title: Date: H:IMS WORDWISC/LHARRIS. WAOG LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 3211795-1126 "Exhibit A" Scope of Work September 11, 2006 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 310 Ormond Ave. Indialantic, FL 32903 Email: Lharris@fit.edu RE: ST LUCIE COUNTY ARTIFICIAL REEFS — Dana Tug Barge Deployment Proposal for Performing Work to assist with One Barge Deployment offshore of St. Lucie County Jim: This letter is to provide you with a proposal and cost estimate for our work for St. Lucie County for providing services to assist with the offshore deployment of one barge deployment for the construction of an artificial reef in the Offshore Reef Site of St. Lucie County, Florida (water depth 110 to 120 feet). This proposal consists of the following items: 1. Scope of Work (Exhibit A), 2. Cost (Exhibit B), and 3. Schedule (Exhibit C). To perform this work, we will spend one day of field work (including ship and diving) for the pre -deployment survey, and one day of field work supervising the barge deployment, for a total of 2 days of field work. This proposal assumes that the barge deployment can be performed during one 10-hour day on -site at sea. Any additional time necessary due to weather delays or equipment breakdowns by the contractor deploying the material may result in additional hours or days needed to accomplish this work. We will also provide assistance with the completion of the materials placement forms required by FWC. Please contact me for any further information required. Sincerely, Lee E. Harris, Ph.D., P.E. Consulting Coastal & Oceanographic Engineer LHarris_DanaTugBarge revised SOW.doc Pagel of 3 LEE E. HARRIS, Ph-X P.E. Consulting Engineer Phone: 3211795-1126 "Exhibit B" Costs September H, 2006 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 310 Ormond Ave. Indialantic, FL 32903 Email: Lharrisgrit.edu RE: ST LUCIE COUNTY ARTIFICIAL REEFS — Dana Tug Barge Deployment Proposal for Performing Work to assist with One Barge Deployment offshore of St. Lucie County Using the approved rate sheet, the following costs are proposed to perform the work for St. Lucie County to assist with the one offshore barge deployment. Note that the proposal below assumes that the marine contractor performing the deployments will perform the deployment during one 10-hour day. Any additional time necessary due to weather delays or equipment breakdowns by the contractor deploying the material may result in additional hours or days needed to accomplish this work. ST LUCIE COUNTY DANA TUG BARGE Rate Time (hrs) Amount DEPLOYMENT ON OFFSHORE REEF SITE One full -day Field Work Project manager 95.00 12 100.00 Small Workboat with operator and fuel 75.00 12 9 0.00 Diver support — 1 additional diver per day 45.00 12 540.00 Diving & photographic equipment use 75/day 1 day 75.00 Subtotal $2,655.00 Total of 3 days of field work for the 2 deployments Subtotal for 2 days field work= $5,310.00 6 pre -deployment + 1 deployment day = 2 days) Office work: Information for material placement forms, data analysis, photographs, & report preparation Project manager 95.00 2 190.00 Technical personnel —1 @ 45/hour 45.00 2 90.00 Subtotal $ 280.00 This cost assumes that each deployment will be accomplished during one 10-hour day onsite; TOTAL COST = $ 6,590.00 additional time will be charged if more time is required to monitor the contractor. LHarris DanaTugBarge revised SOW.doc Page 2 of 3 LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 3211795-1126 "Exhibit C" Schedule September 11, 2006 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 310 Ormond Ave. Indialantic, FL 32903 Email. Lharris@ftt.edu RE: ST LUCIE COUNTY ARTIFICIAL REEFS — Dana Tug Barge Deployment Proposal for Performing Work to assist with One Barge Deployment offshore of St. Lucie County We will coordinate closely with the construction contractor so that the pre -deployment field work will be done in advance of the reef deployment, and so that we will be on location to supervise the barge deployment. Task items will be completed as required to assist the contractor with the deployment, with information for the materials placement report submitted shortly after the deployment is completed. Depending on the actual deployment date, the following table represents the latest dates that the tasks will be completed. Task Estimated Completion Time Planning Prior to the deployment, Work to be completed within 30 days of notice to proceed Pre -deployment Prior to the deployment, Work to be completed within survey 30 days of notice to proceed Deployment During the deployment, anticipated completion prior supervision to December 31, 2006 Post -deployment Following the deployment, anticipated completion inspection prior to December 31, 2006 Post -deployment Following the deployment, anticipated completion materials prior to January 31, 2007 placement report LHarris DanaTugBarge revised SOW.doc Page 3 of 3 09/06/2006 13:44 •9547288632 UANATUGS F'A5E 62 DANAtu sg com D. R. FREED, INC. 15 AUG 2006 Jizu Oppenbomn St. Lucie County Marine Resource Coordinator 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Mr_ Oppenbom: DANAtugs.com is pleased to provide the attached deployment plan and diagram for the donation of a 120' x 34' barge to St. Lucie County for deployment on its Offshore artificial reef site. Said barge will be prepared and deployed according to the attached deployment plan and diagram. DANAtugs.com will cleats the barge according to U.S. Coast Guard specifications and will tow the barge to the aforementioned site after inspection by the U.S. Coast Guard. DANAtugs.com will be in charge of sinking the barge. St. Lucie County will call the Coast Guard for inspection prior to deployment and will have consultants on the reef site to mark the deployment area and to inspect the arcs prior to sinking. Said consultants will conununicate with DANAtugs.com to ensure sinking of the vessel at the proper location. After the barge rests on the bottom, we will transfer ownership to St. Lucie County. DANAtugscom will also provide St. Lucie County copies of estimates of the barges value as well as receipts for all services associated with this donation. It will be the County's responsibility to inspect and monitor the barge as part of its artificial reef program. please call me if you have further questions. Sincerely, am Freed President DANAtugs.com 1323 SE 17Kb Street, #its Fort Lauderdale, Fl, 33316 Phone: (954) 728-8631 Fast: (954) 728-8632