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HomeMy WebLinkAboutAgenda Packet 01-09-07 'anua., ., 2007 ..00 A.M. BOARD OF COUNTY COMMISSIONER' AGENDA WELCOME ALL MEETING' ARE TELEVISED. ALL MEETING' 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 PDAtS 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 aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. 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 COMMISSIONER' www.co.tt-Iucie.fl.u. Chris Craft, Chairman 'oteph E. 'mith, Vice Chairman Doug Coward Paula A. Lewis Charlet Grande District No. S District No. I District No.2 District No. J District No.4 'anuar, 9, 2007 ..00 A.M. Invocation Pledge of Allegiance I. " ~<{ MINUTE' ~. ~(L~l: Approve the minutes of the special meeting held on December 11, 2006 '" Approve the minutes of the meeting held on December 19, 2006 /' < 2. PROCLAMATIONSlPRE,ENTATION. J. GENERAL PUBLIC COMMENT 4. CON'ENT AGENDA _W""""~''''^~~ IJlJifmmmm [~1 PUBLIC HEARING' 33 C O\'\SJ!v'\ t ¿ -t€-{\I\ 5 sA. There are no public hearings scheduled for January 9, 2007. ",., -- C---- END OF PUBLIC HEARING' - ~<.~. ,,,_.< - ~ '""~ "'''--j!''1G''Ï7 6. ADMINISTRATION Staff recommends that the Board consider the request of Peter Angelos to allow construction of an 80'x32' (2,560 square foot) building at the ChuclÙ Seafood Restaurant site to be used as a dining facility. - Consider staff recommendation to approve the request of ChuclÙ Seafood Restaurant Inc. to construct a 80'x32' building subject to the following conditions: 1. Architectural enhancements be added to the building. 2. A site plan be submitted for Board approval, which identifies the specific location of the building. 3. Mr. Angelos' agreed that the County will own the building fee simple after construction. 4. ChudÙ signs the lease agreement approved by the Board on October 10, 2006. CON'ENT AGENDA I. WARRANT' Approve warrant list No. 12, 13 and 14. 2. COUNTY AnORNEY A. lnterlocal Agreement with North St. Lucie River Water Control District - Canal No. 103 - Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. B. Third Extension to Contract C02-12-122 with eCivis (Grant Locator) - Consider staff recommendation to approve the Third Extension to Contract C02-12-122 with eCivis. C. Resolution No. 07-024 - Urging the Florida State Legislature to address the Extreme Insurance Rate Increases in the Special Session called for in January 2007 - Consider staff recommendation to approve the attached Resolution and authorize the Chairman to sign the Resolution. D. Maintenance and Support Agreement for the Automated Fingerprint Identification System at the Juvenile Assessment Center - Consider staff recommendation to approve the maintenance and support agreement with Motorola as a sole source provider, in the amount of $13,097.00 dollars. E. Extension of Declaration of State of Local Emergency - Indian River Drive - Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. F. St. Lucie County Utilities - Sixth Amendment with Severn Trent Environmental Services, Inc. - Consider staff recommendation to approve the Sixth Amendment and authorize the Chairman to sign the Amendment. J. 'HERIFF·S OFFICE Draw Request - January 2007 - Consider staff recommendation to approve the Sheriff Draw Request for January 2007 in the amount of $9,872,262.00. 4. AGRICULTURE First Amendment to Interlocal Agreement dated April 17, 2004 between Martin County, St. Lucie County, The City of Stuart, and the University of Florida Institute of Food and Agricultural Sciences, Florida Cooperative Extension Service - Consider staff recommendation to approve the first amendment to the Interlocal Agreement dated April 17, 2004 between Martin County, St. Lucie County, The City of Stuart, and the University of Florida Institute of Food and Agricultural Sciences, and the Florida Cooperative Extension Service. I. PARK' AND RECREATION A. First Amendment to Edlund Dritenbas WorÞ Authorization No. 10 (C05-05-248) lIous Ellis BasÞetball Canopy - Consider staff recommendation to approve the First Amendment to WorÞ Authorization No. 10 (C05-05-248) in the amount of $13,200 that will allow Edlund Dritenbas to provide staff requested additional services for the lIous Ellis BasÞetball Canopy Project. B. First Amendment to Edlund Dritenbas Contract No. C06-04-182, lIous Ellis Open Space Pool Pad - Consider staff recommendation to approve the First Amendment to Contract No. C06-04-182 in the amount of $4,400 that will allow Edlund Dritenbas to provide staff requested additional services for the lIous Ellis Open Space Splash Pad Project. C. Minor League Complex Air Conditioning Replacement at Tradition Field Consider staff recommendation to approve an Interfund loan in the $100K, approve to use $1,500 for revision of existing plans, and if approved, authorize to advertise for bid and award it to the lowest responsive bidder. Content Agenda 'anuar, 9, 2007 Page Two PARK' AND RECREATION CONTINUED D. Equipment Request No. 07-173 - Consider staff recommendation to approve to increase Equipment Request 07-173 from $3,500.00 to $9,000.00 for the purchase of a shade structure for the Lawnwood Tennis Center. 6. PUBLIC 'AFETY New Emergency Operations Center - Authorize the Board of County Commissioners to approve Budget Resolution No. 07-021 for the acceptance of the $6,000,000 grant award from the Department of Community Affairs, Division of Emergency Management to aid in the construction of a new Emergency Operations Center - Consider staff recommendation to approve and have the Chair sign Budget Resolution No. 07-021 for the acceptance of the $6,000,000 grant award from the Department of Community Affairs, Division of Emergency Management to aid in the construction of a new Emergency Operations Center. 7. PURCHASING A. Award of Bid No. 07-012 -Purchase of one 400 KW Diesel Generator to the lowest responsive, responsible bidder, Power Pro-Tech Services, Inc. - Consider staff recommendation to approve to award Bid No. 07-012 to the lowest responsive and responsible bidder, Power Pro-Tech Services, Inc. for the total amount of $65,879. B. Permission to Advertise a Request for Proposals (RFP) for the development of a St. Lucie County Research & Education ParÞ Conceptual Master Plan - Consider staff recommendation to grant permission to advertise an RFP for the development of a St. Lucie County Research & Education ParÞ Conceptual Master Plan. 8. PUBLIC WORKS A. Engineering Division - Agreement with Inwood Consulting Engineers for additional professional engineering services regarding the 4-lane design of Walton Road, from Village Green Drive to Lennard Road - Consider staff recommendation to approve the First Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $78,336.07 for the additional coordination efforts, sub-consultant fees and stormwater re-design of the 4-lane widening section of Walton Road, from Village Green Drive to Lennard Road, and authorize the Chairman to sign. B. Road and Bridge Division - Revise the dollar amount on EQ07-207 from $18,000 to $21,895 to purchase a 4" trash pump on a trailer from MWI Pump Rental - Consider staff recommendation to approve revising the dollar amount on EQ07-207 from $18,000 to $21,895 to purchase a 4" pump from MWl Pump Rental. 9. COURT ADMINISTRATION A. Acting as the Fiscal Agent for the 19th Judicial Circuit Court, approve expenditure in the amount of $7,250.00 previously approved by the Indian River County Board of County Commission on December 19, 2006 - Consider staff recommendation to approve expenditure in the amount of $7,250.00, previously approved by the Indian River County Board of County Commission on December 19, 2006. B. Acting as the Fiscal Agent for the 19th Judicial Circuit Court, approve expenditure in the amount of $25,145.00, previously approved by the Indian River County Board of County Commission on December 19, 2006 - Consider staff recommendation to approve expenditure in the amount of $25,145.00, previously approved by the Indian River County Board of County Commission on December 19,2006. Content Agenda 'anuar, 9, 2007 Page Three COURT ADMINISTRATION CONTINUED C. Approve the transfer of funds in the amount of $35,438.00 from the IT Fee Reserve into the Court Administration IT Machinery and Equipment account so that necessary hardware can be purchased as required for sound system reinforcement in each courtroom and hearing room - Consider staff recommendation to approve the transfer of funds in the amount of $35,438.00 from the IT Fee Reserve into the Court Administration IT Machinery and Equipment account and approve Budget Amendment No. BA07-026. D. Supplement to the FY 06/07 Court Administration Court Innovation fund budget to assist with the construction of an on-site courtroom at New Horizons of the Treasure Coast, Inc. - Consider staff recommendation to approve the supplement to the FY 06/07 Court Administration Court Innovation fund budget for the construction of a courtroom at New Horizons of the Treasure Coast, Inc. 10. MANAGEMENT AND BUDGET A. Deletion and Addition of Assets - Consider staff recommendation to approve the deletion of assets that were either transferred to other governmental entities or incorrectly recorded as county owned assets years ago and it requests Board approval of the additions discovered during the research period. These changes are to be effective as of September 30, 2006. B. Dori Slosberg Mini-Grant Awards - Consider staff recommendation to approve the awards of grant funds; changing the award date this year to February 1st instead of March 1st; and authorizing the County Attorney's Office to draw up the appropriate contracts for the Chairman's signature. Staff also recommends increasing the cap on individual grant awards to $50,000 and approval of revised grant procedures. C. Request for approval of 2007 Budget Amendment in the amount of $246,674.00 for St. Lucie County Property Appraiser - Consider staff recommendation to approve the Budget Amendment in the amount of $246,674.00 for St. Lucie County Property Appraiser. II. PARKS REFERENDUM Musco Sports Lighting, LLC - Release of Retainage - Lawnwood Soccer Fields - Consider staff recommendation to approve the release of retainage in the amount of $77,553.60 to Musco Sports Lighting, LLC relating to the satisfactorily completion of the Lawnwood Complex soccer field lighting installation. 12. GRANTS Staff recommends that the Board authorize acceptance of an amendment authorizing the receipt of an additional $34,500.00 and an extension to March 15, 2007 of an Emergency Watershed Protection Program Agreement with the USDA Natural Resources Conservation Service. II. ECONOMIC AND STRATEGIC DEVELOPMENT A. Request approval to an amendment of the Economic Development Council Grant to cover both the two years of 2006-2007 and 2007-2008 in the amount of $100,000 per year - Consider staff recommendation to approve the amendment to extend the grant of $100,000 per year to September 30, 2008 and to develop the agreement and authorize the board Chairman to sign the agreement when completed. B. Approval of a grant for Fort Pierce Fire Minor League Football Team in the amount of $4,000 to support the National Bowl WeeÞend on January 13 & 14, 2007 - Staff recommends funding this $4,000.00 grant. The recommendation requests the approval to issue a checÞ for $4,000.00 dollars. Content Agenda 'anuar, 9, 2007 Page Four 14. INVESTMENT FOR THE FUTURE Award Bid No. 07-009 to the low bidder Sun SÞy Roofing: Roof Replacement for Morningside Library & Sheriff's Administration Building. Approval to use available FY 06-07 IFF Funds in the amount of $39,377.00 for the additional funds needed for the Sheriff's Administration Building roof project. - Consider staff recommendation to approve the low bidder, Sun SÞy Roofing - Bid No. 07-009 (SBS Modified Roof Replacement), for the Roof Replacement at Morningside Library and the Sheriff's Administration Building. Staff further recommends the Board approve the use of available FY06-07 IFF Funds in the amount of $39,377.00 to cover additional funds needed for the Sheriff's Administration Building roof project and authorize the Chairman to sign the contract as prepared by the County Attorney. II. COMMUNITY SERVICES A. Approval to execute contract with the State of Florida Department of Community Affairs in order to administer the Community Development BlocÞ Grant Disaster Recovery Program grant in the amount of $1,332,433.00 - Consider staff recommendation to approve to execute contract with the State of Florida Department of Community Affairs in order to administer the Community Development BlocÞ Grant Disaster Recovery Program grant in the amount of $1,332,433.00 and authorize Chair to sign any necessary documents. B. Request approval of Change Order No. 1 in the amount of $25,400.00 for the Community Development BlocÞ Grant rehabilitation project (C06-08-430) and release retainage in the amount of $9,291.00 - Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 1 in the amount of $25,400.00 for the Community Development BlocÞ Grant Rehabilitation project and release retainage in the amount of $9,291.00 and authorize the Chairman to sign the necessary documents. 16. ADMINISTRATION Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee. Commissioner Coward is requesting ratification of his appointment of Karen Russell to the CEDS Committee - Consider staff recommendation to ratify Commissioner Coward's appointment of Karen Russell to the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee. 17. COMMISSIONER GRANDE Ratify Committee Appointments - Consider staff recommendation to ratify the appointment of Jerry KuÞlinsÞi to the Harbor Advisory Committee and Ed Lounds to the Sustainability Advisory Ad Hoc Committee. ANNOUNCEMENTS 'anuar, ., 2007 1. The County Commissioners will hold a WorÞshop on Federal Funding on Thursday, January 11, 2007 at 2:00 p.m. in Conference Room #3. 2. The County Commissioners will hold a Special Meeting on the Reserve on Wednesday, January 17, 2007 at 6:00 p.m. in the County Commission Chambers. 3. The County Commissioners will hold a Geoplasma WorÞshop on Saturday, January 20, 2007 from 8:00 a.m. to 5:00 p.m. in Conference Room #3. 4. Party In The ParR will be held on Saturday, January 20, 2007, from 10:00 a.m. to 3:00 p.m. at the Fort Pierce Inlet State ParÞ. 5. The Board of County Commissioners will hold a Joint Meeting/WorÞshop with the City of Port St. Lucie on Monday, January 22, 2007 from 10:00 a.m. to Noon at Tradition Town Hall. 6. The Board of County Commissioners will hold a Special Meeting on Cloud Grove on January 22, 2007 at 6:00 p.m. in the County Commission Chambers. 7. The Board of County Commissioners will hold the Space Needs Study Final Presentation on Tuesday, January 23, 2007 at 2:00 p.m. in the County Commission Chambers. 8. The Board of County Commissioners will hold a Strategic Planning WorÞshop on Tuesday, January 30, 2007 from 8:00 a.m. to 5:00 p.m. and Wednesday, January 31, 2007 from 8:00 a.m. to Noon at the Indian River Community College Kight Center, 3209 Virginia Avenue, Fort Pierce Florida. 9. The St. Lucie County Health Dept. will hold its annual "Step Up Florida" event on Saturday, February 3, 2007 from 9:00 a.m. to 1:00 p.m. at the Ft. Pierce Community Center in downtown Ft. Pierce. 10. The 42nd Annual St. Lucie County Fair will begin on Friday, February 23, 2007 and run through Sunday, March 4, 2007 at the St. Lucie County Fairgrounds. 11. The opening day for spring training home games for the New VorÞ Mets at the Tradition Field will be on Wednesday, February 28, 2007 at 1:10 p.m. versus the Detroit Tigers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '""- ..................... Paula A. Lewh, Chairman Doug Coward, Vice Chairman 'oteph E. 'mith Charlet Grande Chrb Craft Dbtrict No. I District No.2 Dbtrlct No. I Dbtrlct No.4 Dhtrlct No. I AGENDA 'anuar, 9, 2007 I. MINUTE' Approve the minutes from the meeting held on December 12, 2006 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 11, 12, 13, and 14. 2e COUNTY AnORNEY i:::: ~\os.qt-'-~ h, C~-h-o I Indian River Lagoon License Plate 'Program FV2006 - Grant Acceptance and Waiver of the Bid process for a Water Management Platform System - Consider staff recommendation to authorize acceptance of the Indian River Lagoon License Plate FV 2006 Grant, in the amount of $39,776.00, approval of EQ Request No. 07-299, Budget Amendment BA07-025, and approval of waiver of the bid process to purchase a Water Management Platform System from the sole provider/distributor, J.G.&H. Consulting, lnc, and authorization for the Chairperson to execute the Agreement, pending County Attorney review and approval of the Agreement. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (712) 462-1m or TDD (712) 462- 1428 at least forty-eight (48) hours prior to the meeting. .................. ."''''h Î o<.,qr Charlet Grande, Chairman Chris Craft, Vice Chairman ,oteph E. Smith Doug Coward Paula A. Lewb Dbtrict No.4 Dbtrlct No. I District No. I Dbtrlct No.2 Dbtrlct No. I AGENDA 'anuar, ., 2007 I. MINUTES Approve the minutes from the meeting held on December 12, 2006 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 11, 12, 13, and 14. 2. PUBLIC WORKS A. First Amendment to Project Grant Agreement No. 06SL1 with FDEP and WorÞ Authorization No. 10 with Taylor Engineering, Inc. - Consider staff recommendation to approve of 1) the First Amendment to Project Agreement 06SL1 with the Florida Department of Environmental Protection along with Budget Resolution No. 07-001,2) WorÞ Authorization No. 10 (C04-11-622) with Taylor Engineering, Inc. and execution of said documents by the Chairperson. B. Cooperation Agreement with the U.S. Army Corps of Engineers for federal emergency funding (100%) to restore Fort Pierce beach to pre-storm conditions - Consider staff recommendation to approve the attached cooperation agreement with the U.S. Army Corps of Engineers and execution of said agreement by the Chairperson; contingent on review and approval of the final agreement by the County Attorney. C. Authorization to extend the contract with Marlowe & Company for the upcoming year (2007) to continue coordinating beach lobbying efforts in Washington, D.C. and with the U.S. Army Corps of Engineers. - Consider staff recommendation to approve to waive the bid process and authorize staff to extend the contract with Marlowe & Company for the period beginning January 1, 2007 and ending December 31, 2007 for a flat monthly fee rate of $3,000 ($36,000) total), which includes professional services and out-of-pocÞet expenses; with execution of said contract by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. ADDITIONS AGENDA 'anuar, 7, 2007 REGULAR AGENDA RAI. COUNTY AnORNEY Cloud Grove Utilities, LLC - Consider staff recommendation to approve the filing of the Notice of Objection and authorize the Chairman to sign the Notice. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taÞen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. 'anuar, 9, 2007 ..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 PDAtS WHILE IN USE IN 'HE 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 aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. 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.tt-Iucie.fl.ut Chrb Craft, Chairman 'oteph E. Smith, Vice Chairman Doug Coward Paula A. Lewb Charlet Grande Dbtrict No. I District No. I Dbtrlct No.2 District No. I District No.4 'anuar, 9, 2007 ..00 A.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes of the special meeting held on December 11, 2006 Approve the minutes of the meeting held on December 19, 2006 2. PROCLAMATIONS/PRESENTATIONS I. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA - PUBLIC HEARINGS IA. There are no public hearings scheduled for January 9, 2007. END OF PUBLIC HEARINGS - , ... 6. ADMINISTRATION Staff recommends that the Board consider the request of Peter Angelos to allow construction of an 80'x32' (2,560 square foot) building at the ChucÞ's Seafood Restaurant site to be used as a dining facility. - Consider staff recommendation to approve the request of ChucÞ's Seafood Restaurant Inc. to construct a 80'x32' building subject to the following conditions: 1. Architectural enhancements be added to the building. 2. A site plan be submitted for Board approval, which identifies the specific location of the building. 3. Mr. Angelos' agreed that the County will own the building fee simple after construction. 4. ChucÞ's signs the lease agreement approved by the Board on October 10, 2006. TI·.... ,.., v CONSENT AGENDA - II I. WARRANTS Approve warrant list No. 12, 13 and 14. 2. COUNTY AnORNEY A. Interlocal Agreement with North St. Lucie River Water Control District - Canal No. 103 - Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. B. Third Extension to Contract C02-12-122 with eCivis (Grant Locator) - Consider staff recommendation to approve the Third Extension to Contract C02-12-122 with eCivis. C. Resolution No. 07-024 - Urging the Florida State Legislature to address the Extreme Insurance Rate Increases in the Special Session called for in January 2007 - Consider staff recommendation to approve the attached Resolution and authorize the Chairman to sign the Resolution. D. Maintenance and Support Agreement for the Automated Fingerprint Identification System at the Juvenile Assessment Center - Consider staff recommendation to approve the maintenance and support agreement with Motorola as a sole source provider, in the amount of $13,097.00 dollars. E. Extension of Declaration of State of Local Emergency - Indian River Drive - Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. F. St. Lucie County Utilities - Sixth Amendment with Severn Trent Environmental Services, Inc. - Consider staff recommendation to approve the Sixth Amendment and authorize the Chairman to sign the Amendment. I. SHERIFF·S OFFICE Draw Request - January 2007 - Consider staff recommendation to approve the Sheriff Draw Request for January 2007 in the amount of $9,872,262.00. 4. AGRICULTURE First Amendment to lnterlocal Agreement dated April 17, 2004 between Martin County, St. Lucie County, The City of Stuart, and the University of Florida Institute of Food and Agricultural Sciences, Florida Cooperative Extension Service - Consider staff recommendation to approve the first amendment to the Interlocal Agreement dated April 17, 2004 between Martin County, St. Lucie County, The City of Stuart, and the University of Florida Institute of Food and Agricultural Sciences, and the Florida Cooperative Extension Service. I. PARKS AND RECREATION A. First Amendment to Edlund Dritenbas WorÞ Authorization No. 10 (C05-05-248) lIous Ellis BasÞetball Canopy - Consider staff recommendation to approve the First Amendment to WorÞ Authorization No. 10 (C05-0S-248) in the amount of $13,200 that will allow Edlund Dritenbas to provide staff requested additional services for the llous Ellis BasÞetball Canopy Project. B. First Amendment to Edlund Dritenbas Contract No. C06-04-182, llous Ellis Open Space Pool Pad - Consider staff recommendation to approve the First Amendment to Contract No. C06-04-182 in the amount of $4,400 that will allow Edlund Dritenbas to provide staff requested additional services for the lIous Ellis Open Space Splash Pad Project. C. Minor League Complex Air Conditioning Replacement at Tradition Field Consider staff recommendation to approve an lnterfund loan in the $100K, approve to use $1,500 for revision of existing plans, and if approved, authorize to advertise for bid and award it to the lowest responsive bidder. Content Agenda 'anuar, ., 2007 Page Two PARKS AND RECREATION CONTINUED D. Equipment Request No. 07-173 - Consider staff recommendation to approve to increase Equipment Request 07-173 from $3,500.00 to $9,000.00 for the purchase of a shade structure for the Lawnwood Tennis Center. 6. PUBLIC SAFETY New Emergency Operations Center - Authorize the Board of County Commissioners to approve Budget Resolution No. 07-021 for the acceptance of the $6,000,000 grant award from the Department of Community Affairs, Division of Emergency Management to aid in the construction of a new Emergency Operations Center - Consider staff recommendation to approve and have the Chair sign Budget Resolution No. 07-021 for the acceptance of the $6,000,000 grant award from the Department of Community Affairs, Division of Emergency Management to aid in the construction of a new Emergency Operations Center. 7. PURCHASING A. Award of Bid No. 07-012 -Purchase of one 400 KW Diesel Generator to the lowest responsive, responsible bidder, Power Pro-Tech Services, Inc. - Consider staff recommendation to approve to award Bid No. 07-012 to the lowest responsive and responsible bidder, Power Pro-Tech Services, Inc. for the total amount of $65,879. B. Permission to Advertise a Request for Proposals (RFP) for the development of a St. Lucie County Research & Education ParÞ Conceptual Master Plan - Consider staff recommendation to grant permission to advertise an RFP for the development of a St. Lucie County Research & Education ParÞ Conceptual Master Plan. 8. PUBLIC WORKS A. Engineering Division - Agreement with Inwood Consulting Engineers for additional professional engineering services regarding the 4-lane design of Walton Road, from Village Green Drive to Lennard Road - Consider staff recommendation to approve the First Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $78,336.07 for the additional coordination efforts, sub-consultant fees and stormwater re-design of the 4-lane widening section of Walton Road, from Village Green Drive to Lennard Road, and authorize the Chairman to sign. B. Road and Bridge Division - Revise the dollar amount on EQ07-207 from $18,000 to $21,895 to purchase a 4" trash pump on a trailer from MWI Pump Rental - Consider staff recommendation to approve revising the dollar amount on EQ07-207 from $18,000 to $21,895 to purchase a 4" pump from MWl Pump Rental. 9. COURT ADMINISTRATION A. Acting as the Fiscal Agent for the 19th Judicial Circuit Court, approve expenditure in the amount of $7,250.00 previously approved by the Indian River County Board of County Commission on December 19, 2006 - Consider staff recommendation to approve expenditure in the amount of $7,250.00, previously approved by the Indian River County Board of County Commission on December 19, 2006. B. Acting as the Fiscal Agent for the 19th Judicial Circuit Court, approve expenditure in the amount of $25,145.00, previously approved by the Indian River County Board of County Commission on December 19, 2006 - Consider staff recommendation to approve expenditure in the amount of $25,145.00, previously approved by the Indian River County Board of County Commission on December 19, 2006. Content Agenda 'anuar, 9, 2007 Page Three COURT ADMINISTRATION CONTINUED C. Approve the transfer of funds in the amount of $35,438.00 from the IT Fee Reserve into the Court Administration IT Machinery and Equipment account so that necessary hardware can be purchased as required for sound system reinforcement in each courtroom and hearing room - Consider staff recommendation to approve the transfer of funds in the amount of $35,438.00 from the IT Fee Reserve into the Court Administration IT Machinery and Equipment account and approve Budget Amendment No. BA07-026. D. Supplement to the FV 06/07 Court Administration Court Innovation fund budget to assist with the construction of an on-site courtroom at New Horizons of the Treasure Coast, Inc. - Consider staff recommendation to approve the supplement to the FV 06/07 Court Administration Court Innovation fund budget for the construction of a courtroom at New Horizons of the Treasure Coast, Inc. 10. MANAGEMENT AND BUDGET A. Deletion and Addition of Assets - Consider staff recommendation to approve the deletion of assets that were either transferred to other govemmental entities or incorrectly recorded as county owned assets years ago and it requests Board approval of the additions discovered during the research period. These changes are to be effective as of September 30, 2006. B. Dori Slosberg Mini-Grant Awards - Consider staff recommendation to approve the awards of grant funds; changing the award date this year to February lit instead of March lit; and authorizing the County Attorney's Office to draw up the appropriate contracts for the Chairman's signature. Staff also recommends increasing the cap on individual grant awards to $50,000 and approval of revised grant procedures. C. Request for approval of 2007 Budget Amendment in the amount of $246,674.00 for St. Lucie County Property Appraiser - Consider staff recommendation to approve the Budget Amendment in the amount of $246,674.00 for St. Lucie County Property Appraiser. II. PARKS REFERENDUM Musco Sports Lighting, LLC - Release of Retainage - Lawnwood Soccer Fields - Consider staff recommendation to approve the release of retain age in the amount of $77,553.60 to Musco Sports Lighting, LLC relating to the satisfactorily completion of the Lawnwood Complex soccer field lighting installation. 12. GRANTS Staff recommends that the Board authorize acceptance of an amendment authorizing the receipt of an additional $34,500.00 and an extension to March 15, 2007 of an Emergency Watershed Protection Program Agreement with the USDA Natural Resources Conservation Service. II. ECONOMIC AND STRATEGIC DEVELOPMENT A. Request approval to an amendment of the Economic Development Council Grant to cover both the two years of 2006-2007 and 2007-2008 in the amount of $100,000 per year - Consider staff recommendation to approve the amendment to extend the grant of $100,000 per year to September 30,2008 and to develop the agreement and authorize the board Chairman to sign the agreement when completed. B. Approval of a grant for Fort Pierce Fire Minor League Football Team in the amount of $4,000 to support the National Bowl WeeÞend on January 13 & 14, 2007 - Staff recommends funding this $4,000.00 grant. The recommendation requests the approval to issue a checÞ for $4,000.00 dollars. Consent Agenda 'anuar, ., 2007 Page Four 14. INVESTMENT FOR THE FUTURE Award Bid No. 07-009 to the low bidder Sun SÞy Roofing: Roof Replacement for Momingside Library & Sheriffs Administration Building. Approval to use available FY 06-07 IFF Funds in the amount of $39,377.00 for the additional funds needed for the Sheriffs Administration Building roof project. - Consider staff recommendation to approve the low bidder, Sun SÞy Roofing - Bid No. 07-009 (SBS Modified Roof Replacement), for the Roof Replacement at Morningside Library and the Sheriffs Administration Building. Staff further recommends the Board approve the use of available FY06-07 IFF Funds in the amount of $39,377.00 to cover additional funds needed for the Sheriffs Administration Building roof project and authorize the Chairman to sign the contract as prepared by the County Attorney. II. COMMUNITY SERVICES A. Approval to execute contract with the State of Florida Department of Community Affairs in order to administer the Community Development BlocÞ Grant Disaster Recovery Program grant in the amount of $1,332,433.00 - Consider staff recommendation to approve to execute contract with the State of Florida Department of Community Affairs in order to administer the Community Development BlocÞ Grant Disaster Recovery Program grant in the amount of $1,332,433.00 and authorize Chair to sign any necessary documents. B. Request approval of Change Order No. 1 in the amount of $25,400.00 for the Community Development BlocÞ Grant rehabilitation project (C06-08-430) and release retainage in the amount of $9,291.00 - Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 1 in the amount of $25,400.00 for the Community Development BlocÞ Grant Rehabilitation project and release retainage in the amount of $9,291.00 and authorize the Chairman to sign the necessary documents. 16. ADMINISTRATION Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee. Commissioner Coward is requesting ratification of his appointment of Karen Russell to the CEDS Committee - Consider staff recommendation to ratify Commissioner Coward's appointment of Karen Russell to the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee. 17. COMMISSIONER GRANDE Ratify Committee Appointments - Consider staff recommendation to ratify the appointment of Jerry KuÞlinsÞi to the Harbor Advisory Committee and Ed Lounds to the Sustainability Advisory Ad Hoc Committee. -"'""""""" - ..,:~ ANNOUNCEMENTS 'anuar, ., 2007 - .,< 1. The County Commissioners will hold a WorÞshop on Federal Funding on Thursday, January 11, 2007 at 2:00 p.m. in Conference Room #3. 2. The County Commissioners will hold a Special Meeting on the Reserve on Wednesday, January 17, 2007 at 6:00 p.m. in the County Commission Chambers. 3. The County Commissioners will hold a Geoplasma WorÞshop on Saturday, January 20, 2007 from 8:00 a.m. to 5:00 p.m. in Conference Room #3. 4. Party In The ParÞ will be held on Saturday, January 20, 2007, from 10:00 a.m. to 3:00 p.m. at the Fort Pierce Inlet State ParÞ. 5. The Board of County Commissioners will hold a Joint Meeting/WorÞshop with the City of Port St. Lucie on Monday, January 22, 2007 from 10:00 a.m. to Noon at Tradition Town Hall. 6. The Board of County Commissioners will hold a Special Meeting on Cloud Grove on January 22, 2007 at 6:00 p.m. in the County Commission Chambers. 7. The Board of County Commissioners will hold the Space Needs Study Final Presentation on Tuesday, January 23, 2007 at 2:00 p.m. in the County Commission Chambers. 8. The Board of County Commissioners will hold a Strategic Planning WorÞshop on Tuesday, January 30, 2007 from 8:00 a.m. to 5:00 p.m. and Wednesday, January 31, 2007 from 8:00 a.m. to Noon at the Indian River Community College Kight Center, 3209 Virginia Avenue, Fort Pierce Florida. 9. The St. Lucie County Health Dept. will hold its annual "Step Up Florida" event on Saturday, February 3, 2007 from 9:00 a.m. to 1:00 p.m. at the Ft. Pierce Community Center in downtown Ft. Pierce. 10. The 42nd Annual St. Lucie County Fair will begin on Friday, February 23, 2007 and run through Sunday, March 4, 2007 at the St. Lucie County Fairgrounds. 11. The opening day for spring training home games for the New YorÞ Mets at the Tradition Field will be on Wednesday, February 28, 2007 at 1:10 p.m. versus the Detroit Tigers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. -"1 m V .__.......taIMI -,W Paula A. Lewb, Chairman Doug Coward, Vice Chairman 'oteph E. Smith Charlet Grande Chrb Craft District No. I Dbtrlct No.2 District No. I District No.4 District No. I AGENDA 'anuar, ., 2007 I. MINUTES Approve the minutes from the meeting held on December 12, 2006 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 11, 12, 13, and 14. 2. COUNTY AnORNEY Indian River Lagoon License Plate Program FV2006 - Orant Acceptance and Waiver of the Bid process for a Water Management Platform System - Consider staff recommendation to authorize acceptance of the Indian River Lagoon License Plate FV 2006 Grant, in the amount of $39,776.00, approval of EQ Request No. 07-299, Budget Amendment BA07-025, and approval of waiver of the bid process to purchase a Water Management Platform System from the sole provider/distributor, J.O.&H. Consulting, lnc, and authorization for the Chairperson to execute the Agreement, pending County Attorney review and approval of the Agreement. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:?en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. .a.r.~.... - ,~~' =<,=""w Charlet Grande, Chairman Chris Craft, Vice Chairman 'oteph E. Smith Doug Coward Paula A. Lewis District No.4 District No. I District No. I District No.2 District No. I AGENDA 'anuar, ., 2007 I. MINUTES Approve the minutes from the meeting held on December 12, 2006 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 11, 12, 13, and 14. 2. PUBLIC WORKS A. First Amendment to Project Grant Agreement No. 06SL1 with FDEP and WorÞ Authorization No. 10 with Taylor Engineering, Inc. - Consider staff recommendation to approve of 1) the First Amendment to Project Agreement 06SLl with the Florida Department of Environmental Protection along with Budget Resolution No. 07-001,2) WorÞ Authorization No. 10 (C04-11-622) with Taylor Engineering, Inc. and execution of said documents by the Chairperson. B. Cooperation Agreement with the U.S. Army Corps of Engineers for federal emergency funding (100%) to restore Fort Pierce beach to pre-storm conditions - Consider staff recommendation to approve the attached cooperation agreement with the U.S. Army Corps of Engineers and execution of said agreement by the Chairperson; contingent on review and approval of the final agreement by the County Attorney. C. Authorization to extend the contract with Marlowe & Company for the upcoming year (2007) to continue coordinating beach lobbying efforts in Washington, D.C. and with the U.S. Army Corps of Engineers. - Consider staff recommendation to approve to waive the bid process and authorize staff to extend the contract with Marlowe & Company for the period beginning January 1, 2007 and ending December 31, 2007 for a flat monthly fee rate of $3,000 ($36,000) total), which includes professional services and out-of-pocÞet expenses; with execution of said contract by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be 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 (712) 462-1m or TDD (712) 462- 1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISIONERS ST. LUCIE COUNTY, FLROIDA SPECIAL PUBLIC HEARING DR! THE RESERVE Date: December 11,2006 Convened: 6:00 p.m. Adjourned: 12:00 a.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny. Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk 1. GROWTH MANAGEMENT Request to rescind or amend Resolution No. 04-081, Notice of Proposed Change amended Development Order (seventh amendment) for The Reserve Development of Regional Impact, developer: Kolter - If a settlement cannot be reached, amend Resolution No. 04-081 by adopting in its place Resolution No. 06-316, and render resolutions simultaneously to the Florida Department of Community Affairs and all other statutorily mandated agencies. QUASI mDICIAL Com. Coward acknowledged having contact with the representatives from the PGA Homeowners Association, Pori Homeowners Association, Kolter and received e-mails Com. Grande acknowledged having contact with the homeowners association noted above, however he did not meet with the developer. Com. Lewis acknowledged having contact with the representatives from the PGA Homeowners Association, Pori Homeowners, Kolter and also received e-mails. Com. Smith acknowledged having the same contact as Com. Lewis. Com. Craft acknowledged having the same contacts as Com. Lewis. The County Attorney summarized the settlement discussions with Kolter and gave the history of this DR!. He advised everyone the DR! was approved in 1989 and the original development order was amended a number of times. The County never rendered the development order to the Department of Community Affairs. In 2004 the Board adopted Resolution 04-081 which amended one of the conditions in the development order which confirmed the developers had preserved 490 acres of upland habitat and also changed the condition requiring recreational areas. In the years they have had complaints regarding the 490 acres not being preserved and other issues. f'Þ {.( With regard to the settlement proposal, the Reserve Homes would1filed for a new notice of change to change the language in condition # 15 back to how it was utilizing the word "shall preserve" instead of the word "has preserved". They have not agreed to change the recreational area condition back to the 4/2 acre sites. They have modified # 6 to strengthen preservation of the remaining wetlands. They have agreed to process to file a separate application to eliminate the residential micrositing in the Reserve. Jº-r ß ~~f ~eM 1 County staff has been working with the PGA to identify and preserve 90-1 O? acr~s . subject to a conservation easement. In the past there some acreage has been Identified In the Legacy however, they are not subject to the conservation easement and are not part of the DR!. Reserve Homes has committed to preserve on its own 227.74 acres of native upland habitat. 131 acres if this is in the City of Port St. Lucie, 31 acres of that is off site, the balance is in the unincorporated county. They are willing to identify a park site to the west of the area there is another site to the north presented and are willing to commit a park site at this location also. Mr. John Csapo, Senior VP Kolter, addr4essed the Board and stated the County Attorney's comments were fairly accurate. He stated when they acquired the balance of the property at the Reserve in 1998, they acquired 566 acres of developable land and a large wetland called Big Mamu, total of about 800 acres, however developable and upland land was about 566 acres. They acquired residential parcels that have since been developed, acquired planed right of way for northern commerce center drive and south commerce center drive, mostly the development parcels left at the Reserve. Com. Smith asked if Kolter had homeowner resident signatures pennitting the micro siting by those who agreed to it. Mr. Csapo stated the micro siting was addressed in the Homeowners Association documents have restrictions and discuss it and the development order where the tenn came from prior to Kolter taking over the property. Amendments 4 and 6 to the homeowners association documents were done later at the request of county staff. Mr. Bill Perry, addressed the calculation of the 172 acres. He stated the protection of the trees in the old subdivision was done predating the DR! and the residents were to come to the homeowners association for pennission to cut trees according to the restrictions. Some homes were built on less than 2 acres and a lot of trees were left. The developer at that time on an assumption basis until 2004, that 25% of upland of those lots would be ultimately preserved when the people came in with their site plans and got pennission to cut the trees. When people came in for approval they used less than that and a foot print was established. Com. Smith questioned what if the property owner wanted to use their land later for tennis courts and pools would they be able to do so. Mr. Perry stated every deed restricted areas have restrictions, and people do have property rights but they have an obligation to go back to the homeowners association for approval to cut the trees and for the 25% preservation and also must come to the county for pennits. They must go through the homeowners association not the developer. Ms. Celena Marx, professional landscaper for the developer, addressed the Board's questions on the preservation of the trees and stated there are lots quite larger and any lot that is vacant they assume 25%, this is the minimum that must be preserved. Some people only utilize one acre of those larger lots so the rest of what is not used is assumed as upland habitat if you wish to build into the area then the mitigation process has to take place. Mr. Perry stated the deed restrictions remain in place and the residents/property owners must abide by them and they must obtain approval by the county and the association. He stated he felt property owners would be able to build pools and tennis courts within reason. Mr. Csapo addressed the comments made and stated the bulk of the micro siting area was done prior to Kolter coming in and this is a complicated issue. The County Attorney stated in the settlement agreement, Kolter would agree to eliminate the deed restrictions which are in place requiring the micrositing should this proceed. 2 Com. Coward questioned the County's legal basis to object to the 31 acres off site in the City of Port St. Lucie. The County Attorney stated the off site is not permitted in the county however it is permitted in the City of Port St. Lucie. The city has the jurisdiction over this land. Mr. Csapo advised the Board they have agreed to abide by all the terms of the settlement agreement even though both sides are not entirely happy with it and asked the Board to approve the settlement. Mr. Busha, Treasure Coast Regional Planning Council stated he would like some time to think about the micrositing issue. The issues were raised on the September 28th e-mails to the County Attorney as to what was to go on the master plan, the only issue still pending is the transportation issue. He believes they can work on it and he believes there has been a compromise to some extent and there are still issues that should be addressed, however, they would not object and should not hold up the settlement agreement. Com. Grande requested the County Attorney's position on R-04-081. The County Attorney stated focusing on 04-081 he believes this was based on inadequate information and he believes the evidence will show this and if there is a question if it was substantially noticed, they would also have to provide this. He stated the settlement has some advantages. If they proceed and rescind the resolution or adopt the new resolution, he believes it will achieve what the settlement does regarding the micrositing. The County Attorney advised the Board the conversations/discussion held today are on the settlement agreement and have not opened the public hearing for the items that have been noticed (rescinding Resolution 04-081 and adopting Resolution No. 06-316 in it's place) the public comments taken at this point will be on the settlement agreement and are not record testimony on the issues noticed and are not part of the public hearing. They are permitting comments on the settlement agreement. The County Attorney suggested the representatives give their comments on the settlement agreement. Dr. Mark Edwards, property owner of the Reserve, addressed the Board regarding the acres issue of commercial and microsited areas. He stated the figures he came up with were 133.75 Sablecreek, Plantation 20.41, 6.1 on miscellaneous other areas. Total 160 acres for micro siting, this is what the map shows. PORI states it should be 125. Mr. Horris Webb, PGA Village, addressed the Board regarding a rider to the settlement agreement where it states it only applies if the entire agreement is approved tonight. He addressed the requirements in the development order the Reserve Homes were aware of. He stated the Reserve Homes did not live up to the development order. They took no action to set aside the land for the recreation area. The Board held the Reserve Homes in non-compliance. He is convinced the proposed micro siting will not hold up in court and is ready to defend and protect the land in court. Mr. Harold Phillips, St. Lucie Audubon Society, addressed the Board regarding the habitat at the Reserve and the PGA. They have expressed their concerns with the lost of habitat. Com. Grande advised those present that he is a resident renter not a homeowner at the Reserve and this poses no conflict of interest on this item. Mr. Bob Simon, the Reserve, addressed the Board and requested the Board rescind Resolution No. 04-081. Mr. Richard Persek, President Pine Creek Townhomes, addressed the Board regarding establishing a conservation easement on someone' s property prohibits their use of the property which is totally different than cutting down trees. 3 Mr. Edward Jones, Reserve resident addressed the Board in opposition to the settlement agreement and also against Resolution 04-081 and suggested starting over. Ms. Pam Hammer, Reserve resident, requested saving her comments until the end. Ms. Hammer advised the Board the PORI Board unanimously recommended denial of the settlement agreement. She also commented on the recreational needs that have not been addressed. They accept the 2 acres for the Island Club, however, Viscana is a time share and it does not meet the conditions of the development order. The Pine Valley swimming pool is not permitted for use unless you live there. She continued to point out the various recreational area. She pointed out an area of concern within the 90 acres and is against it because she felt it was not safe for children and it is unacceptable to the Reserve group. Presently they have two acceptable sites and are short two sites. Dr. Mark Edwards commented on the various staff recommended approvals. There were countless Resolutions that state the same thing. Staff also recommended approval of Resolution No. 04-081 and there were two missing documents that should have been attached to the resolution. Mr. Harold Melville, attorney for Legacy Golf and Tennis Club, addressed the Board an advised them Legacy is not subject to the conservation easement and is not in the DRI. The settlement agreement references Legacy and it cannot be used as any part of the 490 acres of habitat. Ms. Evelyn Lane, area resident, addressed the Board in favor of the settlement agreement and asked the Board to vote in favor of the agreement and would like the micro siting removed from the table. Ms. Carolyn Nemsyk, Realtor Crooked Stick development, addressed the Board regarding the micro siting and stated she was against the recreational areas and security would be needed. She advised the Board she does approve of what the PGA ha done, however, the PORI representatives did not wish to work with the entire community. Mr. Peter Paridy, PGA VP Clubside Association addressed the Board and stated the PORI group continues the saga and would like to control the public forums and the entire area. PORI does not represent the PGA and stated he supports the Resolution. (2:22: 18) The County Attorney suggested the following changes to the settlement agreement. Page 2, the whereas clause add " to determine the Reserve was not in compliance". Page 4, D iii add which changes are subject to the county approval, page 6, "has alleged" and place found, the 4th line place finding instead of allegation, cross out word 120 and add 90-120 acres, where it says 172 acres it should say 125 where this number is reflected, where it reads 4 golf courses it should read 3 and Legacy should be deleted. Include language in the rider regarding the habitat. The County Attorney addressed additional changes and stated it was clear the county had made mistakes in the past in the process of reviewing these developments. He also recommends eliminating micro siting and the deed restrictions and recommends approving the settlement which accomplishes this objective. Com. Coward questioned if micrositing pertains to the older lots. The County Attorney stated if pertains to the older large lots subdivisions and commercial. Com. Coward asked how staff can recommend the settlement agreement if it does not meet the development order. The County Attorney stated Kolter will need to come up with additional acreage in the form of additionallartd or mitigation, the Board will determine this. 4 Com. Grande stated he concurred with the last statement the county Attorney made and should not be guided with the concept that we may wind up in court. This may not be a negative and may be a good thing. He suggested not moving forward with the settlement agreement or Resolution No. 06-316, but to rescind Resolution 04-081 and go back to a point where they have a good a black and white definition the Reserve as ever had. He is not sure how a settlement can be successful unless all prior issues are removed. Com. Lewis stated the settlement agreement does address micrositing however it does not eliminate it and she is not sure this is the solution. She questioned with regard to the micro siting, if it is preserved how do you have a right to build? They still do not know how many acres of upland preserve they have. She felt the issue was not avoiding legal action, it was who would we be going into a legal action with. Com. Smith stated the court system brings final resolution and it should be embraced. He stated any time he hears the tenn "assume" he gets worried and felt he would not be able to agree with the settlement agreement even though staff has tried very hard and in good faith to resolve this issue. Com. Craft stated he wishes to see the tenn" micro siting" eliminated and he is not sure the settlement is at the point of its definition which is the end. There seems to be question to what the real number is and he believes the 125 acres is more correct than not. He would like to hear from Kolter and see if they had any recommendations that may put them at the end. Mr. Perry stated the County Attorney moved quickly and most of his comments he does concur with, however, the only issue he disagrees with is the 125 acres. He stated the Legacy is in the Reserve DR! and this was confinned by Mr. Busha of the RPC. The Chainnan stated it appeared they would not be coming to an agreement. The County Attorney stated it seemed there was a consensus of the Board not to move forward with the settlement agreement and should proceed with the swearing in of those wishing to speak. Mr. Bill Spencer, Gunster, Yoakley & Stewart, attorney for Kolter, stated he needed to know what the agenda item was they were proceeding with. Com. Craft stated it was whether to amend or rescind Resolution 04-081. Mr. Spencer advised the Board they do not have the authority to initiate this application nor do they have the authority to amend or rescind it, they can enforce the development order of a DR! but cannot elect to change it in the fonn of discussion. The County Attorneys stated the Board has the ability to look at the notice issue and believes there are facts of inaccuracies and believes the Board as the ability to deal with these. Mr. Terry Lewis, Lewis, Longman & Walker, P.A. stated he concurred with the County Attorney and advised the Board of their ability to proceed according to local government law. Com. Craft advised Mr. Spencer the request for swearing in the public was requested by Kolter and himself. Com. Grande stated, in his mind it was not the case of rescinding a properly enacted resolution but recognizing that the resolution was improperly enacted never rendered and therefore mute. Mr. Spencer advised the Board the reason for their request to swear in the public. 5 Mr. George Lambert expressed his concern with those who have not been given the opportunity to be heard. Com. Craft advised Mr. Lambert of the agenda item for approval today. , The County Attorney advised the Board and Mr. Lambert of their ability to address the settlement agreement today. At this time those who planned on speaking and filled out a form to do so were sworn in by the Deputy Clerk to the Board. Mr. Spencer questioned if the Board will be reviewing recision or proposing an amendment. He objected to placing the two together. Also the standing of people to speak can apply to one but not another. County Attorney stated this is a quasi judicial proceeding and there is not a judge to overrule objections. Mr. Spencer can state his objections and they will be noted. Mr. Robert Nix, the Growth Management Director addressed the compliance issue and reviewed the staff report. Mr. Perry, attorney stated his objections to the evidence not being shown. The County Attorney noted the objection and stated the rules of evidence do not apply in this type of a proceeding. Mr. Nix continued his review and commented on the letter from Mr. Csapo to Com. Barnes about developing 40 acres on the Dreams Park property. He stated he asked his Assistant Director to contact the city about any lands in their data base for outside mitigation and reported there were none. Mr. Perry objected "hearsay" The County Attorney noted the objection. Mr. Nix continued his presentation. He stated in 1992 when the property changed hands the document was amended deleting deed restrictions. Mr. Perry objected to the documents mentioned and not being presented. The County Attorney noted his objection and asked the Board to proceed. Mr. Nix continued his review ofthe map and documents. He stated they believe there is upland there however it needs to have adequate protection associated with it and they could not determine if there was 490 acres. Mr. Nix commented on the issue of notice. The last discussion before the Board was brought forward by the County Attorney. Mr. Nix provided copies of various legal notices regarding scheduled public hearings. Mr. Nix alluded to the memo from the Regional Planning Council to the County Attorney and Mr. Lewis. Mr. Perry objected" hearsay" Mr. Nix continued to address the memo and its contents. He also commented on the letter from Ms. Debbie Oshefsky, attorney, regarding the Reserve DR!. Addressed to Dennis Murphy and Steve Ball. Mr. Perry stated his objection. 6 The County Attorney stated this letter is part of the County's public record and it may fall within one of those exceptions and he does not have a problem with the attorney stating his objection and how Mr. Nix is handling this matter and objection. Mr. Greg Schwenhammer, Attorney representing Kolter, stated his objection to the letter being addressed with the time schedule being submitted and stated this information was in another letter. Mr. Nix stated they could not find 490 acres of preserved land although there is upland habitat and could not find in the record any information indicating determination of substantial deviation from the Regional Planning Council. If you are removing 20 acres or 5% of open space for development, it is substantial deviation whichever is less. The Attorney submitted the staff report and letters to the Clerk. (copies of the submitted materials may be obtained from the Recording Secretary). The Attorney also advised the County Attorney he would be cross-examining Mr. Nix. The Attorney for the County Mr. Bowman, questioned Mr. Nix regarding documents in the staff report he did not recognize related to as homeowners documents and asked they be provided to the Clerk since they were not contained in the staff report. Mr. Perry objected to the documents being presented at this time. Mr. Bowman stated his objection was noted. Mr. Nix stated most of the documents were in the file with the exception of one or two, i.e. the aerial photograph, and the Dreams Park area information. Mr. Bowman stated these documents were presented to him 20 minutes prior to the hearing and there was an intention to provide them to the Board. The County Attorney stated with regard to 11.00.04 D-1 relating to documents in a hearing, he believes there is not an issue with the documents presented. Mr. Perry stated the copies were given to Mr. Bowman and additional copies were given to the County Attorney and Mr. Lewis. They have had them in their hands for a month and one half and have had time to review them and are now presenting them. He reiterated the previous objection. Mr. Perry presented exhibit 22 and exhibit 23. Mr. Bowman stated he had no objection. Mr. Perry commented on the 4th and 6th amendment regarding the micro siting and the Sable Creek documents and the fact there had to be a confirmation of upland preserve acreage and deed restrictions before the credits could be given and the compliance review being approved. Mr. Nix addressed Mr. Perry's questions during the cross examination. Mr. Csapo advised the Board he felt they were not going down a productive path this evening and asked the Board call a halt to this process and give them more time to work with County staff and the homeowners. He asked for a 60 day continuance. Mr. Pam Hammer, Reserve addressed the Board and stated she was not in favor of the continuance and asked the Board to rescind Resolution No. 04-081. The Board discussed continuing this meeting to a date certain due to the late hour. 7 It was moved by Com. Smith, seconded by Com. Coward to continue this meeting to date certain to be determined at the meeting December 12,2006, and; upon roll call, motion carried unanimously. The meeting was adjourned. Chairman Clerk of the Circuit Court 8 __~_u --.-.-----,-- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 19,2006 Convened: 6:00 p.m. Adjourned: 8:30 p.m. Commissioners Present: Vice Chairman, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward Others Present: Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic Development Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Robert Nix, Growth Management Director, Roger Shinn, Central Services Director, Joanne Riley, Acquisitions Manager, Neil Appel, Purchasing Director, Millie Delgado-Feliciano, Deputy Clerk < 1. MINUTES (01 :29) It was moved by Com. Lewis, seconded by Com. Grande to approve the minutes of the meeting held December 12,2006, and; upon roll call, motion carried unanimously. 2. PROCLAMA TION/PRESENT A TIONS A. A Presentation was made by the Youth Leadership Council. B. The Annual Christmas Remembrances by the 4-H Clubs were presented to the Board. 3. GENERAL PUBLIC COMMENTS Mr. Richard Allison, Hutchinson Island resident, addressed the Board and presented a program presently in existence in St. Petersburg, Florida" N" Team Neighborhood. The Board advised Mr. Allison of their interest in such a program and stated they would refer this information to staff. Mr. John Arena, Ft. Piece resident, addressed the Board regarding heavy equipment destroying sidewalks in the County, he addressed the geo-plasma facility and the pollution he felt would be generated from the plant. Com. Coward suggested a workshop be scheduled with the environmental agencies and Geo Plasma representative to address concerns. Com. Grande suggested adding the financing, liability, structure and relationship with the company be included as an item for discussion during the workshop. 4. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda with item CA-1 addition, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 11. 1 ~----_.~ 2. A. B. C. .,."...-----.-.--'-.. COUNTY ATTORNEY "After the Fact" Revocable License Agreement- David Kerrigan- 1870 Lake Circle Ft. Pierce- The Board approved the After the Fact Revocable License Agree~ent and directed David Kerrigan to record the document in the Public Records of St. Lucie county, Florida. Extension of Declaration of State of Local Emergency- Indian River Drive- The Board approved the Declaration of State of Local Emergency and authorized the Public Safety Director to sign the declaration. Hurricane Housing Recovery Plan- Revised Agreement with Cortez Townhomes- The Board approved the revised agreement with Cortez Townhomes, LLC and authorized the Chairman to sign the agreement. D. Lakewood Park Regional Park- Capron Trail Park- FPL Utility Easement- The Board approved the Utility Easement in favor of Florida Power and Light and authorized the Chairman to execute the Easement and directed staff to record the Easement in the public records ofSt. Lucie County, Florida. E. Revocable License Agreement- Keneco Communities at Port St. Lucie- Enchantment - The Board approved the Revocable License Agreement and authorized the Chairman to execute the Agreement and directed Kenco Communities at Port St. Lucie to record the Agreement in the Public Records of St. Lucie County, Florida. F. Ordinance No. 06-053- Establishing the Whispering Oaks of Port St. Lucie Community Development District- The Board granted permission to advertise Ordinance No. 06-053. 3. PUBLIC WORKS A. Midway Road PD & E Study- Second Amendment to the Contract C03-l2- 802 with Calvin, Giordano & Associates, In.. for Right of Way Services - The Board approved the Second Amendment to the contract with Calvin Giordano & Associates, Inc., in the amount of $30,800.00 for right of way services for the Midway Road PD & E Study, and authorized the Chairman to sign. B. Request approval of Change Order No.3 in the amount of $8,103.26 for the Prima Vista Blvd., Baffle Bo Project for the final adjustment of the quantities- The Board approved and authorized the Chair to sign Chang3e Order No.3 in the amount of $8, I 03.26 for the Prima Vista Blvd., Baffle Box. 4. PARKS AND RECREA nON Special Needs Auditorium Facility/ADA Review & Funding Approval! Approve Budget Amendment No. BA-07-023- The Board approved the use of$I,286.25 from General Fund Contingency to retain the services of American Disabilities Act standards expert Larry Schneider to review the construction documemts for the Special Needs/Auditorium Facility that is to be constructed at the Lawnwood Complex. The Board approved Budget Amendment No. 07-023. 5. COURT ADMINISTRATION Establish a Referral Reduction Coordination position for the Nineteenth Judicial Circuit's Juvenile Civil Citation Program- The Board approved establishing the position of Referral Reduction Coordinator for Court Administration upon execution of the Grant Agreement. 6. GROWTH MANAGEMENT 2 .-....--.-- '-'-'-'~ ._.._'"--~-,- A. Additional Grant Request for $30,000 for the Treasure Coast Sports Commission for use on incentive bids during 2006-2007- This grant was requested by the Tourism Development Council- The Board approved the additional grant for $30,000 for 2006-2007 and approved to develop the agreement and authorized the Chainnan to sign the agreement when completed. B. Request approval of a matching grant for the Economic Development Council for 2006-2007 with a max cap of$100,000. This matching grant is dollar for dollar up to $100,000 once the EDC has exceeded the private sector funding dollars for the time period October 1,2005 to September 30, 2006. The Board approved the matching grant and approved to develop the agreement and authorized the Board Chainnan to sign the agreement when completed. C. Petition of Engineering and Construction Services, Inc. for final plat approval for the project to be known as Kittennan Subdivision.- The Board approved the final plat of Kittennan Subdivision and authorized it's final execution. 7. COMMISSIONER GRANDE A. Ratify Committee Appointment- The Board ratified Com. Grande's appointment of Mary Chapman to the Smart Growth Committee. B. Ratify Committee Appointment- The Board ratified Com. Grande's appointment of Jack Connolly to the Historical Commission. 8. MEDIA RELA nONS Letter of Intent to the City of Ft. Pierce for extended services- The Board approved the Letter of Intent to the City if Ft. Pierce for extended services. 9. ENVIRONMENTAL RESOURCES- Request for exemption- The Board approved the request for an exemption for Michael and Roberta West from the requirements of Section 11.02.09 (A)(5) St. Lucie County Land Development Code, and that no environmental impact report be required for this project. 1 O. CULTURAL AFFAIRS The Board authorized the Chainnan to sign a grant agreement prepared by the County Attorney with Indian River Community College Foundation for $35,000 to assist with 50% of the glass sculpture. 11. AIRPORT A. Change Order No.6 - Dickerson Florida, Inc.- The Board approved Change Order No.6 for Dickerson Florida, Inc for an additional cost of $435,633.77 changing the contract amount from $4,015,642.31 to $4,451,276.08 with no additional time for the infrastructure construction of the Airport West Commerce Park, and authorized the Chainnan or designee to execute the same. B. Budget Resolution No. 06-381 correcting the FDOT Joint Participation Agreement grant- The Board approved Budget Resolution No. 06-381 correcting the FDOT JP A amount of $227,200 and the local match of $56,800, for a total project cost of284,000 for the taxiway shoulder and drainage project at the SLC International Airport and authorized the Chainnan or designee to execute same. 3 m_~___'''·'·····__ -.--,----. C. Budget Resolution No. 06-383- FDOT JPA - The Board approved Budget Resolution No. 06-383 for the FDOT grant in the amount of $6,621 for Security Fencing and authorized the Chair or designee to execute same. D. Work Authorization PBS&J to provide engineering services for the preparation of an environmental compliance matrix for the St: L~cie C.ounty International Airport- The Board approved the Work AuthonzatIon WIth PBS&J to provide engineering services for the preparation of an environmental compliance matrix at a lump sum fee of $14,400 and authorized the Chairman or designee to execute same. 12. PURCHASING A. First Amendment to Contract C04-09-424- with Treasure Coast Lawns- The Board approved the first amendment to Contract No. C04-09-424 with Treasure Coast Lawns and authorized the Chairman to sign the amendment as prepared by the County Attorney. B. Third Amendment to Contract No. C03-12-743 with Kelly Services, Inc. which amends the contract to exercise the second one year renewal- The Board approved the third amendment to Contact No. C03-12-743 and granted permission for the Chairman to sign the Amendment as prepared by the County Attorney. C. Award of Bid No. 07-016 (Pepper Park Restroom Facilities) to the lowest responsible, responsible bidder, Kirchman Construction in the amount of $437,064.00- The Board approved awarding bid 07-016 to Kirchman Construction in an mount of $437,064.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Award of Bid No. 07-013- Elks Park Press Box Renovation- The Board approved awarding Bid No. 07-013 to the lowest responsive and responsible bidder, Hennis Construction for the total amount of $524,000 and authorized the Chairman to sign the Contract as prepared by the County Attorney. E. Award of Bid No. 07-008- Removal of Exotic Vegetation- The Board approved awarding Bid No. 07-008 to the lowest responsive and responsible bidder, Aquatic Weed Management Inc., in the amount of$12,222.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Permission to advertise an Invitation to Bids for the Purchase of Sign, Sign Posts, Sign Hardware and Sign Blanks- The Board approved advertising an invitation to bid for the Purchase of Signs, Sign Posts, sign Hardware and Sign Blanks. 13. INVESTMENT FOR THE FUTURE A. Approve the use of Central Services Project Reserves to cover additional costs for the purchase of a Fort F-550 4x4 dual rear wheel fuel truck for the service garage- The Board approve the use of the Central Services Project Reserves in the amount of $10,146.00 to cover additional costs for the purchase of a fuel truck to be used by Central Services Service Garage/ B. Wind Chill Mechanical Concourse Rooftop AlC Unit Replacement- The Board approved Change Order No. 1 to No. C06-08-495- approve change order No.1 to No. C06-08-495 to increase the contract time sixty five days for a completion date of March 7, 2007 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. 14. COMMUNITY SERVICES 4 --_.--<'"-,.,~~- ----- A. FDOT/JPA East West Transit Routes- The Board approved the FDOT JPA and authorized the Chair to sign the grant extension for FDOT's JP A. B. FDOT/JP A Transit Marketing Grant- The Board approved and authorized the Chair to sign the grant extension for FDOT's JP A for the transit marketing grant. 15. ADMINISTRATION The Board approved eliminating two part-time Staff Assistant positions in Administration and creating a single full time Staff Assistant position (pay grade 10) . 16. CENTRAL SERVICES The Board approved purchasing 120 speakers for the Court Administration Courtrooms using Court Facilities Reserve Funds in the amount of$21,600.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. CA-l COMMUNITY SERVICES Approve and authorize the Chair to sign the time extension for Florida Department of Transportation's Joint Participation Agreement for an Urban Capital Transit Grant- The board approved and authorized the Chair to sign the time extension for FDOT's JP A for the Urban Capital Transit Grant. REGULAR AGENDA 5.A COUNTY ATTORNEY (0:54:44) Petition to Exchange- Exchange a portion of Gordy Road for property associated with the pending DR! application ofProvences- Resolution No. 06-342- Staff recommends the Board deny the exchange of Grody Road, authorize the Chairman to execute Resolution No. 06-342 and record the Resolution in the Public Records of St. Lucie County. QUASI JUDICIAL- The Board members advised those present of their contact with applicant. Com. Lewis stated her contact with the applicant was concerning the continuance request. Com. Coward and Com. Smith both stated they had 2 meetings with the applicant. Staff advised the Board the petitioner requested this item be continued for a date uncertain and would be responsible for the re-advertising costs. Mr. Peter Racke- representing applicant, addressed the Board regarding their request. It was moved by Com. Lewis, seconded by Com. Grande, to continue this hearing to date uncertain and note the re-advertising costs would be incurred by the applicant, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (0:59:23) Petition of Pat and Joyce Rogolino, for change in zoning from the AR-l to the RE-2 zoning district for property located at 6250 Citrus Avenue- Draft Resolution No. 06-304 - Consider staff recommendation to approve Draft Resolution No. 06-304 which if approved, would grant a change in zoning from AR-l to RE-2. Mr. Steve Ball, representing the family was present to answer any questions. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 06-304, and; upon roll call, motion carried unanimously. 5 -.' ,~-_..."_.,-- 5.C GROWTH MANAGEMENT (1 :02:54) Petition of Port Richie Village Investments, LLC for a Major Adjustment to an approved Planned Unit Development known as Waterstone- PUD F/KIA Emerson Estates - Draft Resolution No. 06-302- Consider staff recommendation to accept the applicant's request to withdraw the major adjustment. It was moved by Com. Grande, seconded by Com. Lewis, to accept the withdraw of the major adjustment, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (1 :04:05) Petition of Port Richie Village Investments LLC, for a 12 Month Extension of the approved PUD known as Waterstone- PUD F/KIA Emerson Estates- Draft Resolution No. 06-301 - Consider staff recommendation to accept the petitioner's request to withdraw the application for an extension of the date of expiration. It was moved by Com. Coward, seconded by Com. Lewis, to accept the withdraw of this request, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT (1 :05:05) Rescheduling of the final adoption hearing for Comprehensive Plan Amendments (DCA No. 06-02 ) which includes the following items: Item # 1 Petition of Robert Halpern, Grande Beach North Hutchinson Island LLC to Change the Future Land Use designation on approximately 9.44 acres from COM (Commercial) to MXD (Mixed Use Development- Medium Intensity) with sub area policies. Item # 2- Petition of St. Lucie Board of County Commissioners- Modify Goal 2.7 and Objective 2.7.1 to recognize the August 2002 adoption of the Airport Master Plan and incorporate the adopted Airport Master Plan into the Transportation Element by reference. Staff recommends scheduling the required public hearings for adoption of DCA No. 06- 02 amendments for February 6, 2006 or that a special meeting date be scheduled for what is expected to be a large turnout. The Growth Management Director addressed the Board and on this issue and recommended the February 6, 2007 meeting date. He stated there were several issues that needed to be addressed by legal staff along with various data processing issues and would like adequate time to work on them. Mr. Bobþy Klein, attorney for the petitioner addressed the Board and requested an earlier date such as January 16,2007. Com. Lewis stated she would support a special meeting due to the possibility of there being many people present to address the amendments. Com. Smith suggested looking at the 5th as well as the 6th. Com. Coward suggested looking at February 8, 2007 since February 6, 2007 is a night meeting with an extensive agenda and Monday would be the day to review the agenda backup as well as having a speaking engagement on that date. Com. Smith, Grande stated they were available on the 8th and Com. Lewis stated to the best of her knowledge she was available on February 8, 2007. Staff was directed to re-advertise looking at the 6th or the 8th. 6 ."~-,..__.,--,_._,-~,. 5.F ADDITIONS GROWTH MANAGEMENT-Continued Petition for a change in Zoning District from IL Zoning District to PUD Plan for property located on the north side of Metzger Road, South of Avenue M, West of Angle Road and East of Canal Number 29 for the project to be known as the Preserve. Draft Resolution No. 06-240 - Staff recommends that the Board of County Commissioners continue the public hearing on this item to the march 20,2007 Board meeting at 6:00 p.m. or as soon thereafter as it may be heard and that the item should be noticed again at the applicant's expense. The County Engineer advised the Board the applicant needs to meet with the Public Works Department to the traffic issue and also the tree issue. It was moved by Com. Grande, seconded by Com. Coward to approve staff recommendation, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS 6. COUNTY ATTORNEY Funding Agreement- Torrey Pines Institute for Molecular Studies, Inc., Consider staff recommendation to approve the funding agreement and authorize the chairman to sign the agreement. The County Attorney advised the Board they would use non-property tax revenues. It was moved by Com. Coward, seconded by Com. Grande, to approve the funding agreement as revised subject to the funding agreement with the City of Port St. Lucie and; upon roll call, motion carried unanimously. Com. Grande wished to thank former Mayor Minsky for his efforts in helping to make this a successful venture as well as Pete Hager from Traditions and Larry Pelton from the Economic Development Council. 7. COUNTY ATTORNEY (1:31:48) TVC Stewardship District- Implementation Options- Consider staff recommendation to determine which option the Board desires staff to pursue. The County Attorney gave an overview of both a dependent and an independent district and also gave short background on this item. The County Attorney advised the Board Mr. Lewis was not able to be here tonight he was representing the County in Tallahassee. Com. Coward advised the Board this was the last meeting before the January 4, 2007 Legislative meeting and the importance of having a full board. The Chairman is in Tallahassee on County business. The Asst. County Administrator advised the Board she had been in contact with the Chairman earlier in the day and he stated he did not have a problem with the Board moving ahead with a decision or direction today. Mr. Paul Schall, Ft. Pierce resident, addressed the Board and stated he was not aware something like this was in the works and he believes most of the general public are not aware of the 3 option process. The County Attorney stated he believed these issues were discussed on November 28, 2006 and was part of the discussion at the Charette. 7 Com. Grande stated that due to the November 28th discussion a workshop was held and the public was made aware of the options and they participated in the workshop and made their feelings known. Mr. Schall questioned Statute 190 and if this was a option. The County Attorney stated this was one of the options Mr. Lewis ~iscussed, ho.wever this option would result in piece meal infrastructure and was an optlOn Mr. LeWIs stated would not be preferable. Mr. Schall stated there are many issues and he is not sure anyone could make anything out of this today. Com. Coward stated these are the recommendations made by our outside Council Mr. Gary Roberts 1400 Johnston Road, and a steering committee member stated he has not heard about this funding option (special district) and has many questions. Mr. Flip Gates, Ft. Pierce Farms Water Control District, addressed the Board and stated he has sent many letter regarding Ft. Pierce Farms being ready and willing to work with the County on the TVC. They have been working with Trias and Associates with regard to the flow ways in the TVC area. He stated the district is presently assessed on a per unit basis and has been working with Com. Craft on the Lakewood Park drainage so the residents in the area do not have to deal with alligators. There are others living in the area and not only developers should address these issues. Mr. Martin advised the Board he has many questions and felt he does not have enough infonnation to make a decision. He does not have a ¡osition at this time. He does not see the county is in a position to make the January 4 legislative meeting and believes the legislation would provide a special meeting. There are many issues that need to be addressed on a line by line basis. He cannot urge the Board to go with option 1 or option 2. He stated between now and March they may be able to get the infonnation to get this done. He suggested a new assessment be made on the supply in demand ratio. Mr. Gates advised the Board there is one developer who is moving rapidly and he will be presenting it to the Growth Management Director in the future. This does include a flow way. Mr. Gary Robert encouraged due diligence in this matter. Mr. Tom Babcock addressed the Board and stated Mr. Gates offers another vehicle to implement the TVC. Com. Grande stated they should be prepared to move forward in one area. The independent district would be the least popular option. He stated Ft. Pierce Farms provides the Board with an option. However the felt they were not in a position to accept an option but in the position to give direction and indicate that the independent district should be eliminated. The County Attorney stated there is additional time no matter the Board may do, and suggested to try to set up additional meetings with the Regional Planning Council in an attempt to bring the community in. Com. Grande proposed dropping option 3. Com. Lewis stated she too would not want to move forward with option 3 and has many concerns with that option and would like to remove it from consideration. Com. Coward stated he concurred with the comments made. He believes the eminent domain issue should not sit with an un-elected body and is comfortable not taking any action tonight and would like to work with Ft. Pierce Farms on a variety of needs. 8 :. ~-"^~_._--,,-.._. Com. Lewis she would like to see more information on option 4. Direction: as per the County Attorney He will not be presenting item to delegation will de-emphasize option 3 and will set meeting with property owners committees and districts and will present all information back to the Board for discussion. The Board was asked to ratify Com. Grande's appointment of Mr. Richard Pancos to the Citizen's Budget Committee. It was moved by Com. Grande, seconded by Com. Coward to ratify the appointment of Mr. Richard Pancos to the Citizen's Budget Committee, and; upon roll call, motion carried unanimously. Com. Coward thanked those who went to Tallahassee today and were victorious in their efforts to protect the Port property. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 9 ~¡I" tit AGENDA REQUEST ITEM No.-f?iH DATE: January 9, 2007 REGULAR [XX] ADDITIONS PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Cloud Grove Utilities, LLC BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the filing of the Notice of Objection and authorize the Chairman to sign the Notice. COMMISSION ACTION: E: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 Motion made that if the County does not receive a letter by 5:00 p.m. today of notice of withdraw then the County will file a notice of r~ ð~'- ou sAnderson County Administrator ~view and Approvals County Attorney:_ ent & 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.: 07 -029 DATE: January 4,2007 SUBJECT: Cloud Grove Utilities, LLC *************~~~AAAAAAAA~AA~AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA*************** BACKGROUND: Attached for the Board's information and review are copies of the following: · Copy of the application to the Public Service Commission filed by Cloud Grove Utilities, LLC Copy of email dated January 3,2007 from Growth Management Director Bob Nix Copy of "Notice of Objection by St. Lucie County" drafted by Special Utility Counsel Phillip Gildan, Esquire Copy of portion of Rural Land Stewardship Comprehensive Plan Amendment pertaining to provision of utilities · · · Mr. Gildan will be present at the January 9 meeting. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the filing of the Notice of Objection and authorize the Chairman to sign the Notice. DSM/caf Attachments BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION ) ) ) ) ) IN RE: Application of CLOUD GROVE UTILITIES, LLC for original water and wastewater Certificates in St. Lucie County, Florida DOCKET NO.: CLOUD GROVE UTILITIES. LLC'S APPLICATION FOR WATER AND WASTEWATER CERTIFICATES Cloud Grove Utilities, LLC ("Applicant"), by and through its undersigned attorneys and pursuant to Sections 367.031 and 367.045, Florida Statutes, and Rule 25-30.033, Florida Administrative Code, hereby applies for original certificates to operate a water and wastewater utility in St. Lucie County, Florida, and submits the following information: INTRODUCTION: Although the Applicant is not expected to begin service to customers until 2009, Section 367.031, Florida Statutes, requires that a utility have a certificate from the Commission before the Department of Environmental Protection and Water Management District may issue construction and operating permits. REQUEST TO BIFURCATE ESTABLISHMENT OF INITIAL RATES AND CHARGES: Since Applicant will not begin to serve customers until 2009, it requests that the certification and rate setting processes be bifurcated so that the Certificates can be issued within 90 days as required by Section 367.031, Florida Statutes, and the Applicant may proceed with permitting for its Water Use Permit, Water Treatment Plant, and wastewater treatment plant construction permit. Applicant is simultaneously filing a Motion for Temporary Rule Waiver to implement this request for bifurcation. This bifurcation procedure was approved by the Commission in a similar situation in In re: Application for Ori5!:inal Certificate to Operate Water and Wastewater Utility in Putnam County by Mariposa Utility Company. L.L.c., Order No. PSC-06-0835-PM-WS (October 9,2006), and In re: Application for Certificates to provide Water and Wastewater Service in Sumter County by Central Sumter Utility Company. L.L.c., Order No. PSC-05-0844-PM-WS (August 18, 2005). Applicant will file Tariffs and the financial schedules to establish initial rates, charges and return on equity sufficiently in advance of when Applicant becomes operational for the Commissioners timely review. PART I: APPLICANT INFORMATION A. The full name, address and telephone number of the Applicant: Cloud Grove Utilities, LLC by Florida Conservancy & Development Group, LLC, 8136 Okeechobee Boulevard West Palm Beach, FL 33411 (561) 333-4700 B. The name, address and phone number of the person to contact concerning this Application: Martin S. Friedman, Esquire Valerie L. Lord, Esquire Rose, Sundstrom & Bentley, LLP 2180 West State Road 434, Suite 2118 Longwood, FL 32779 PHONE: (407) 830-6331 FAX: (407) 830-8522 C. The Applicant is a Florida limited liability corporation created on June 1, 2006. 2 D. All of the membership interest in Cloud Grove Utilities, LLC, is held by Florida Conservancy & Development Group, LLC (Parent Company) and the names and addresses of the managing members of the Parent Company and their membership interests are as follows: PART II: PART III: Lennar Homes, LLC 8136 Okeechobee Boulevard West Palm Beach, FL 33411 50% Centex Homes a Nevada general partnership 3301 Quantum Boulevard 1 st Floor Boynton Beach, FL 33426 50% 1 00% NEED FOR SERVICE A. The territory proposed to be served by Applicant consisting of approximately 6,000 acres is owned or controlled by related parties which intend to develop the property as a Development of Regional Impact called Cloud Grove. There is no water and wastewater utility near the proposed service territory capable of providing water and wastewater service to the proposed development. It is expected that development will first need water and wastewater service in 2009 and continue through buildout for approximately 23 years. A proposed Development Plan is attached hereto as Exhibit A. B. To the best of the Applicant's knowledge, the provision of service is consistent with the water and wastewater sections of the St. Lucie County Rural Lands Stewardship comprehensive plan amendment, as approved by the Department of Community Affairs in a Notice of Intent published November 27,2006. SYSTEM INFORMATION A. WATER AND WASTEWATER (1) The Applicant proposes to provide potable water and wastewater 3 service within the entire service area, and treated effluent will be used for irrigation when sufficient quantity is available. (2) There are projected to be 12,000 residential ERCs utilizing 5/8" x 3/4" water meters. There is projected to be commercial development consisting of approximately 3,200,000 square feet. The following is a description of the type of customer to be served: Residential Customers Residential customers will consist of 8,960 single-family and 3,040 multi-family residences. Commercial Customers The primary types of commercial customers anticipated to be served include offices, retail stores, restaurants, and a light industrial/business park. Additional supporting uses include schools, fire stations, hospital, assisted living facility, religious facilities, golf courses, movie theater and government offices. (3) The following is a description of the capacities of Applicant's lines and treatment facilities: Water The proposed capacity of the water treatment plant will be increased in four increments with an ultimate capacity of 6.0 MGD to meet maximum day potable water demands. The potable water distribution system will be designed and constructed in phases and will be capable of conveying the greater of the maximum day plus fire flow demand or peak hourly demands to meet each phase of development. Wastewater . The proposed capacity of the wastewater treatment plant (water reclamation facility) will be in four phases with an ultimate design capacity of 4.5 MGD to meet maximum month average flow. The wastewater collection system will be designed and constructed in phases and will be capable of conveying the peak 4 hour wastewater flow from each phase. Effluent will be disposed of through public access irrigation and deep well injection. (4) Descriptions of the water and wastewater treatment facilities are attached hereto as Exhibits Band C, respectively. (5) The property is currently titled in the Parent Company, and when the exact size and configuration of the utility parcel is determined, it will be conveyed to the subsidiary. The Applicant will provide a copy of a Warranty Deed upon which the water and wastewater plants are to be located upon certification. PART IV: FINANCIAL AND TECHNICAL INFORMATION A. (1) Financial Ability. The Applicant is an affiliated party of the developers of the service area, Lennar Homes, LLC, and Centex Homes, a Nevada general partnership, and as such, will provide necessary start up funding as well as funds sufficient to cover operation shortfalls during its initial years of inception. Lennar Homes, LLC, and Centex Homes, a Nevada general partnership, are publicly traded corporations. Lennar Homes, LLC, has revenues of $13.9 billion and earnings of $1.4 billion. Detailed financial information is available at its website www.Iennar.com. Centex Homes, a Nevada general partnership, has revenues of $14.4 billion and earnings of $1.3 billion. Detailed financial information is available at its website www.centex.com. (2) Technical Ability. The Applicant will retain qualified professionals with regard to the construction, operation and regulation of its water and wastewater systems. B. A Financial Report setting forth the required financial information will be filed in the rate setting phase of this Docket. PART V: RATES AND TARIFFS A. The original and two copies of water and wastewater tariffs containing all rates, classifications, charges, rules and regulations will be filed in the rate setting phase of this Docket. 5 PART VI: TERRITORY DESCRIPTION AND MAPS A. TERRITORY DESCRIPTION An accurate description, using township, range and section references as specified in Rule 25-30.030(2), Florida Administrative Code, of the territory the utility is currently serving is attached hereto as Exhibit D. B. TERRITORY MAPS One copy of a map showing township, range and section on which the proposed territory is plotted by use of metes and bounds or quarter sections and with a defined reference point of beginning is attached hereto as Exhibit E. C. SYSTEM MAPS One copy of detailed map(s) showing proposed water and wastewater lines, facilities and the territory being served are attached hereto as Exhibits F and G, respectively. PART VII: NOTICE OF ACTUAL APPLICATION A. Attached as Exhibit H is an affidavit that the notice of actual application was given in accordance with Section 367.045(1)(a), Florida Statutes, and Rule 25-30.030, Florida Administrative Code, by regular mail to the following: 1. the governing body of the municipality, county or counties in which the system or territory proposed to be served is located; 2. the privately owned water utility that holds a certificate granted by the Public Service Commission and that is located within the county in which the utility or the territory proposed to be served is located; 3. if any portion of the proposed territory is within one mile of a county boundary, the utility shall notice the privately owned utilities located in the bordering counties and holding a certificate granted by the Commission; 4. the regional planning council; 5. the Office of Public Counsel; 6 6. the Public Service Commission's Director of Records and Reporting; 7. the appropriate regional office of the Department of Environmental Protection; and 8. the appropriate water management district; B. Attached hereto as Exhibit I is an Affidavit (including a copy of the Notice), that notice of actual application was given in accordance with Rule 25-30.030, Florida Administrative Code, by regular mail or personal delivery to each property owner within the proposed anticipated territory. C. Immediately upon completion of publication, Applicant will file an affidavit that the notice of actual application was published once a week in a newspaper of general circulation in the territory in accordance with Rule 25-30.030, Florida Administrative Code. A copy of the proof of publication shall accompany the affidavit and will be filed as Late Filed Exhibit J. PART VII: FILING FEE Indicate the filing fee enclosed with the application: $3,000.00 for water and $3,000.00 for wastewater. Total $6,000.00. Respectfully submitted on this 2JSt day of December, 2006, by: ROSE, SUNDSTROM & BENTLEY, LLP 2180 W. State Road 434 Suite 2118 Longwood, FL 32779 PHONE: (407) 830-6331 FAX: (407) 830-8522 mfriedman@)rsbattornevs.com vlord@)rsbattorneys.com , '; i\ \ {~ . /, B .l-ftM.~w0·/!1tLk'V y./ ,/ MARTIN S. RIEDMAN VALERIE L. LORD M:\1 ALTAMONTÐ..CLOUD GROVE UTILITIES (40091)\Applicationfor Origirnl Certificate.doc 7 EXHIBITS A: Proposed Development Plan B: Description of water treatment facilities C: Description of wastewater treatment facilities D: Legal Descriptions E: Territory Maps F: Water Lines G: Wastewater Lines H: Entities Notice I: Property Owners Notice J: Newspaper Affidavit 8 AFFIDAVIT STATE OF FLORIDA COUNTI OF PALM BEACH I, Stephen Kaufman, do solemnly swear or affirm that the facts stated in the foregoing application and all exhibits attached thereto are true and correct and that said statements of fact thereto constitute a complete statement of the matter to which it relates. FURTHER AFFIANT SA YETH NAUGHT. StePhk:.n ~ Cloud Grove Utilities, LLC By Florida Conservancy & Development Group, LLC, its sole member, By Lennar Homes, LLC, its managing member Swo Kaufman, 0 is as identification. n su scn e this LJ- -I1~ay of December, 2006, by Stephen known to me r who provided CkvtifY J(CJe~iÙ NOTARY PUBLI~ - STATE OF rLO~DA ---' ., c-, Printed Name: C /h[fJL)!/J f< _ (blL f) t:J{ L/ My Commission Expires: 0/- t',:} -:Jotxì ~.".._......._-_.' . ",,6' CarQlyn K. Cordero '''\ \ \ ¿o~mis5ion' OD383044 \L~<3 t;.iplrel January 2. 2009 k .... .",.,.0 TIOy F.... _''''' a!»3ð5-I019 EXHIBIT A Proposed Development Plan mJ/) I 1-1 ht4IÜr¡tÆ ., R....Et..m1I.1fln I =¢= P..-yR..a I :¡" iF. ~ ,t >¡::~" :~, .. 1",1 so.."ICt,"""'þ ll_F."...~KIOII . .' j- '.'" ==::-'- ~I~~_~~-=-.: r£.'~'~~·:::'· ' ,'~>J= -~ - "": ~:."---,,·t-~ . ~-¡;;;;,~"- Hr":---'-- _._~~ ~~~_i~_ I .~-:~J -- ,. ~, ... :-1 - " D'-._ MAP .¡ NOTES " 1 "'-'-'......,.".,..~-~(rI/I . .&cftI...,.,...~I!I_luItMtI\.-ctI'"_~-'-'.".... .þtnItIMI b ~ .............., 1ft................ ......... ~.,,.... be ~...... .......- :l T'w,~.......-t.,.....................-.--.,...,..,.....,.........,.,.,... "-"........ .. ~ .,.... fill' _..- ~~ MIl -'''''''''''''. ~ lOr ........ ~......If'duIMd;n........... -- ." '~'_'E_"""~""'---'- " ,.~ ~.:' ""'~""'.'- \ ~. - ~r J. L"'_~"It~"'"IMY"""""""'''f..-.oI' .. T_...~c-....1M7 ifttIuOI.......~.IOIIot.~.JIIhcta'I_ci¥cIlMl. $ A........ _uII"..,. .."""..... wid ...........,,............ ~--. ~ ~ oMce __ ~ ....,.,...,.,.... ~ nn........ "- ..... ~........... toø'..,.,........ faIC........ CMC..... ,. PIltlSIocatMn~_~ortr. TMI MI(iIcIotMlDft,__..-...þIIIIt"'N~"'~1MJnJIifWI bt>$lluI:"t..cIuo'IIy 7, P~...eMC........-y....... KfWdt, \1C... 1oI'IOiH$). U( ~ ~~ '-DMIJ..,., IIWIQ W'WIt_'- uu.'" ,................" ~.I&"""". CMC ..I'OI...............~. ......ewy...., l1li..... .... ~ UIpOMt. .. E~ CMItt.,. ~... on IN........... pcII1Icn "'.. &*t. ~ (:.entet ~ 1WIIIrIIM_'" lI").tIMIoI..,*-~~. t. n.prOII~sf'IoM'¡lor""'_II'I"''''''rMIe9LW,,".~........,....~_~. 10. S.OOO~..S_M4..."",,__......,..,..cndIM . ._.,,~.... EXHIBIT -- Owner/Applicant: Florida Conse1VðflCV& Development Group.LLC I Anornevs: HoppIng. Green & Sams I Weiss, Handler, .ng~los & Cornwell TiP.chnical Teem: G:antng JaCkson Kercher AnSlIO Lopez Ril"lChart, !nc, Flshklnl PJan"~, Project Manalf!f. Transportation and CulpePf Environmental Ounkelt Michael S. ~ChOrð!\ & Assoc.iates, Il'\c. ArchaeoUdv. CIVIl Eng/flccr A / / r , _ " (_h' //~ \ . ."£..:'(.'4.., Y~n'J~.... '- "-'_1 ',. ._'.,_. -.-'-0'- EXHIBITB DESCRIPTION OF WATER TREATMENT FACILITIES The water treatment plant will be constructed in four 1.5 MGD phases as follows: Phase 1 1.5 MGD 2009-2014 Phase 2 3.0 MGD 2015-2021 Phase 3 4.5 MGD 2022-2027 Phase 4 6.0 MGD 2028-2032 The water treatment process will utilize reverse osmosis ("RO") with filtered bypass blending to reduce the aggressiveness of the finished water by increasing hardness and to approve its aethetics by increasing minerals to improve taste. Post treatment will include degasifiers to remove dissolved hydrogen sulfide gas and chemical addition for pH adjustment. RO concentrate will be disposed of in a deep injection well that is shared with the wastewater treatment plant. EXHIBITC DESCRIPTION OF WASTEWATER TREATMENT FACILITIES The wastewater treatment plant will be constructed in four phases as follows: Phase 1 0.75 MGD 2009-2012 Phase 2 1.5 MGD 2013-2017 Phase 3 3.0 MGD 2018-2024 Phase 4 4.5 MGD 2025-2032 During the first two phases, the wastewater treatment plant (water reclamation facility) will utilize package plants for secondary treatment, secondary clarification, filtration, disinfection, and biosolids handling. During phases three and four, secondary treatment will take place in oxidation ditches and stand alone clarifiers. The wastewater treatment plant will be designed and constructed to treat wastewater to public access reuse standards. Any treated effluent not meeting these standards will be diverted to a reject pond for retreatment. During periods when there is no demand for treated effluent, it will be disposed of in a deep injection well. EXHIBIT D Legal Description EXHIBITD LEGAL DESCRIPTION THE WEST 3/4 OF SECTION 3 AND SECTION 10, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and ALL OF SECTION 4, 8, 9, 16 AND 17, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTI, FLORIDA; and ALL OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 50.00 FEET THEREOF; and THE WEST 3/4 OF NORTH 1/2 OF SECTION 15, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and ALL OF SECTION 20, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTI, FLORIDA, LESS AND EXCEPT THE SOUTH 388 ACRES OF THE EAST 3/4 OF SAID SECTION 20; and THE NORTH 1/2 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTI, FLORIDA; and THE WEST 1/4 OF SECTION 29, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE RIGHT-OF-WAY FOR THE SUNSHINE STATE PARKWAY (ALSO KNOWN AS THE FLORIDA TURNPIKE); and THE NORTH 500.00 FEET OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. a.. « ::::El o z « z o ...... a.. 0:: () (/) W o >- 0:: o ...... 0:: 0:: W ...... EXHIBIT I ~ 36 29 \I!il! " J 'I' ~~(/= _J=~~~~~~L \, """ ,,- _ ..... .. _ ..... """"'" ....-. - t V -------..-..-.. - ~ar---- -- ~ ~ ^ ........"-- /33~r-'-.=+:_ _u~ ..-. 34 -.nH- 21 ---.... -" --- ------ -- ..~-{ 31 --- -.. 6 --- ! § ~ IJI I I --- F -... ! ! ~ JI I I n.~" w,uø Ql1RUS QIItO'oC' I'LA r t:#' AOItICUL nNtAL LAIOS ~T~ 1.1~.cx I 18 -"'. 19 -"'. \ --.::::" :\ .~ 30 ~I-ñ ~- --.::::; 31 -- ......-- -- - ........... -....-- --- _ _ COUNTY R LUCK COUNTY 5 IIILI 3 ~ ! I I 2 ..ïL 8 ~ 10 IIILI I , I 1 II l' kl.-NfII' .IItJKIf¥l3lON ""'-AT QT AOØCVL1\Ht",," LAHØt 1"IJo7~1",*"( C" 11 ~ IIILI IIILI ~~ 1~ .. - IIILI .. ·S -n=I- - --- -.. - ...oMØ (MC","" SIAOf'otau>t I..-... -.a --- ~ror..GllftØ,A.n.HIAC.L.AHOS ~T~IL,.At:II£"" 20 91 22 23 - --.....-. .,. - --... .-. .,. - f-- -- ..,1.-. 28 ~i-. 26 ";;'~_M¡'~ ::¡¡::;-. I I I ~ 9 "j =+~ ..~." '. .11" ." ....... \ 33 I i \ ..___ fLt . c.'~"._- L - -.. - - - - - - - - 32 34 35 ___"_ _0_._·- EXHIBIT F High service pumps will deliver potable water from the finished water storage tanks to the distribution system. The potable water transmission system waterlines will be designed to convey the greater of the maximum day potable water demand plus fire flow (1,500 gpm) or the peak hourly potable water demand to each phase of the development as follows: Phase 1 Phase 2 Phase 3 Phase 4 3.3 MGD 2009 - 2014 4.4 MGD 2015 - 2021 3.3 MGD 2022 - 2027 4.8 MGD 2028 - 2032 EXHIBIT G Wastewater conveyance to the Water Reclamation Facility (WRF) will be by gravity flow to pumping stations and force main transmission from the pumping stations. The wastewater transmission wastelines will be designed to convey the peak hour wastewater flow from each phase of the development to the WRF as follows: Phase 1 Phase 2 Phase 3 Phase 4 2.7 MGD 2009 - 2014 4.4 MGD 2015 - 2021 2.7 MGD 2022 - 2027 3.8 MGD 2028 - 2032 EXHIBIT H Entities Notice AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, authorized to administer oaths and take acknowledgments, personally appeared MICHELE PARKS, who, after being duly sworn on oath, did depose on oath and say that she is the Legal Assistant to Martin S. Friedman, attorney for Cloud Grove Utilities, LLC, and that on the ß~December, 2006, she did send by U.S. Mail and/or Certified Mail - Return Receipt Requested a copy of the notice attached hereto to each of the utilities, governmental bodies, agencies, or municipalities, in accordance with the list provided by the Florida Public Service Commission, which is also attached hereto. FURTHER AFFIANT SAYETH NAUGHT. jJk~~QD ~ MICHELÉ PARKS- Sworn to and subscribed before me this \ß:!±Lday of December, 2006, by Michele Parks, who is personally known to me. .$".'.J·::t;~ Trina. L~ Collins :. .W. .: ComrmsSIOn' DD290253 ~'f!!'~l Expires February 12,2008 ,w.r.r.··-....T/O)'F...._..... --.7111. ~~(j¿~ NOTARY PUBLIC - STATE OF FLORIDA Printed Name: My Commission Expires: EXHIBIT "H" NOTICE OF APPUCATION FOR ORIGINAL WATER AND WASTEWATER CERTIFICATES Notice is hereby given on the 18TH day of December, 2006, pursuant to Section 367.045, Florida Statutes, and Section 25-30.030, Florida Administrative Code, of CLOUD GROVE UTILITIES, LLC's Application to Operate a Water and Wastewater Utility in St. Lucie County, Florida for the following described property: THE WEST 3/4 OF SECfION 3 AND SECTION 10, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and ALL OF SECTION 4, 8, 9, 16 AND 17, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and ALL OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 50.00 FEET THEREOF; and THE WEST 3/4 OF NORTH 112 OF SEcrlON 15, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and ALL OF SEcrlON 20, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 388 ACRES OF THE EAST 3/4 OF SAID SEcrlON 20; and THE NORTH 1/2 OF SEcrlON 21, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and THE WEST 1/4 OF SEcrlON 29, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE RIGHT-OF-WAY FOR THE SUNSHINE STATE PARKWAY (ALSO KNOWN AS THE FLORIDA TURNPIKE); and THE NORTH 500.00 FEET OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. Any objections to the Application must be made in writing and filed with the Director, Division of Commission Clerk and Administrative Services, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, with a copy to Martin S. Friedman, Esquire, Rose, Sundstrom & Bentley, LLP, 2180 W. State Road 434, Suite 2118, Longwood, FL 32779, within 30 days from the date of this Notice. The objection must state the grounds for the objection with particularity. Cloud Grove Utilities, LLC 8136 Okeechobee Boulevard West Palm Beach, FL 33426 LIST OF \VATERAND -'ASTE\VATER UTILITIES I~' -~DIAN RIVER COUNTY (V ALID FOR 60 DAYS) 11/30/2006 - 01/28/2007 UTILITY NAME MANAGER GOVERNMENT AL AGENCIES CLERK. OF THE CIRCUIT COURT. INDIAN RIVER COUNTY P. O. BOX 1028 VERO BEACH, FL 32961-1028 CLERK, TO THE BOARD COUNTY COMMISSIONERS. INDIAN RIVER COU 1840 25TH STREET VERO BEACH, FL 32960-3365 DEP CENTRAL DISTRICT 3319 MAGUIRE BLVD., SUITE 232 ORLANDO, FL 32803-3767 MAYOR, CITY OF FELLSMERE 21 SOUTH CYPRESS STREET FELLSMERE, FL 32948-6714 MA YOR, CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958-8697 MA YOR, CITY OF VERO BEACH P. O. BOX 1389 VERO BEACH, FL 32961-1389 MAYOR, TOWN OF INDIAN RIVER SHORES 6001 NORTH A-I-A INDIAN RIVER SHORES, FL 32960 MAYOR, TOWN OF ORCHID 7406 U.S. HIGHWAY 1 VERO BEACH, FL 32967-6911 STJOHNS RIVER WTR MANAGEMENT DISTRICT P,O. BOX 1429 PALATKA, FL 32178-1429 TREASURE COAST REGIONAL PLAN. COUNCIL 30 I EAST OCEAN BLVD, SUITE 300 STUART, FL 34994 - I - LIST OF \VATER ANf "'ASTEWATER UTILITIES f1' -NDIAN RIVER COUNTY (VALID FOR 60 DAYS) 11/30/2006 - 01/28/2007 UTILITY NAME MANAGER ST A TE OFFICIALS STATE OF FLORJDA PUBLIC COUNSEL CIO THE HOUSE OF REPRESENTATIVES THE CAPITOL TALLAHASSEE, FL 32399-1300 DIVISION OF THE COMMISSION CLERK AND ADMINISTRATIVE SERVICES FLORJDA PUBLIC SERVICE COMMISSION 2540 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399-0850 - 2 - LIST OF \V A TER AT \V ASTE\V A TER UTILITIES T ST. LUCIE COUNTY (V ALID FOR 60 DAYS) 11/30/2006 - 01/28/2007 UTILITY NAME MANAGER GOVERNMENTAL AGENCIES CLERK OF CIRCUIT COURT, ST. LUCIE COUNTY p, 0, BOX 700 FT, PIERCE, FL 34954-0700 CLERK OF THE CIRCUIT COURT, ST. LUCIE COUNTY 221 SOUTH INDIAN RIVER DRIVE FT. PIERCE, FL 34950-4315 CLERK, BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FT. PIERCE, FL 34982-5652 DEP SOUTHEAST DISTRICT 400 NORTH CONGRESS AVENUE WEST PALM BEACH, FL 33401 1\1A YOR, CITY OF FT. PIERCE CITY HALL P.O. BOX 1480 FT. PIERCE, FL 33450 MA YOR, CITY OF PORT ST, LUCIE 121 S,W. PORT ST. LUCIE BLVD. PORT ST. LUCIE, FL 34984-5099 MAYOR, TOWN OF ST. LUCIE VILLAGE p, 0, BOX 3878 FT. PIERCE, FL 34948-3878 SO. FLORIDA WATER MANAGEMENT DISTRICT P ,0. BOX 24680 WEST PALM BEACH, FL 33416-4680 TREASURE COAST REGJONAL PLAN. COUNCIL 301 EAST OCEAN BLVD, SUITE 300 STUART, FL 34994 - 1 - LIST OF \V A TER A ) \V ASTE'V A TER UTILITIE' ~ ST. LUCIE COUNTY (V ALID FOR 60 DAYS) 11/30/2006 - 01/28/2007 UTILITY NAME MANAGER ST A TE OFFICIALS STATE OF FLORIDA PUBLIC COUNSEL C/O THE HOUSE OF REPRESENTATIVES THE CAPITOL TALLAHASSEE, FL 32399-1300 DIVISION OF THE COMMISSION CLERK AND ADMINISTRATIVE SERVICES FLORIDA PUBLIC SERVICE COMMISSION 2540 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399-0850 - 2 - EXHIBIT I Property Owners Notice AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, authorized to administer oaths and take acknowledgments, personally appeared Trina Collins, who, after being duly sworn on oath, did depose and say that she is the Legal Assistant to Martin S. Friedman, attorney for Cloud Grove Utilities, LLC, and that on the 2rt day of December, 2006, she did send by U.S. Mail a copy of the notice attached hereto to the property owners in the proposed territory. FURTHER AFFIANT SAYETH NAUGHT. ~\Jll~w- M~) TRINA COLLINS Sworn to and subscribed before me this ,j 1 day of December, 2006, by Trina Collins, who is personally known to me or who provided as identification. <, ~. < <; I} ,¡ /4.{, >~; < l1 (.0·- ~w~ .,. r-; (, '-' NOTARY PUBLIC - STATE OF FLORIDA Printed Name: My Commission Expires: , t-t<~ PIJ. Martin S. Friedman i~('é> commission # 00313239 :. ; Expires August 16, 2008 ~, I/'t. 100-385-7019 ...~ OF r-~ ~ T~ FOWl - "*,"",,,< NOTICE OF APPLICATION FOR ORIGINAL WATER AND WASTEWATER CERTIFICATES Notice is hereby given on the 21st day of December, 2006, pursuant to Section 367.045, Florida Statutes, and Section 25-30.030, Florida Administrative Code, of CLOUD GROVE UTILITIES, LLC's Application to Operate a Water and Wastewater Utility in St. Lucie County, Florida for the following described property: THE WEST 3/4 OF SECTION 3 AND SECTION 10, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and ALL OF SECTION 4,8,9, 16 AND 17, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and ALL OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 50.00 FEET THEREOF; and THE WEST 3/4 OF NORTH 1/2 OF SECTION 15, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and ALL OF SECTION 20, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 388 ACRES OF THE EAST 3/4 OF SAW SECIlON 20; and THE NORTH 1/2 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; and THE WEST 1/4 OF SECTION 29, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE RIGHT-OF-WAY FOR THE SUNSHINE STATE PARKWAY (ALSO KNOWN AS THE FLORIDA TURNPIKE); and THE NORTH 500.00 FEET OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. Any objections to the Application must be made in writing and fi1ed with the Director, Division of Commission Clerk and Administrative Services, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, with a copy to Martin S. Friedman, Esquire, Rose, Sundstrom & Bentley, LLP, 2180 W. State Road 434, Suite 2118, Longwood, FL 32779, within 30 days from the date of this Notice. The objection must state the grounds for the objection with particularity. Cloud Grove Utilities, LLC 8136 Okeechobee Boulevard West Palm Beach, FL 33426 EXHIBIT J (To Be Late Filed) Affidavit of Publication From: To: Date: Subject: Robert Nix Daniel Mcintyre 1/3/20078:55:13 AM Cloud Grove Utilities, LLC Dan: This application is premature. Contrary to the representation in the application, the request to establish a utility is NOT consistent with the Rurual Land Stewardship Comprehensive Plan Amendment. The right to develop the receiving area has not been secured through the transfer of development credits from the sending area. The utility is not needed until compliance with the stewardship plan is obtained. We should object on the basis that the proposed development and utility are NOT consistent with the comprehensive plan. We may have other comments later. Bob Nix cc: Faye Outlaw; Gilbert Backenstoss; Glenn Kerns NOTICE OF OBJECTION BY ST. LUCIE COUNTY, FLORIDA TO APPLICATION FOR ORIGINAL WATER AND WASTEWATER CERTIFICATES BY CLOUD GROVE UTILITIES, LLC Notice is hereby given pursuant to Section 367.045, Florida Statutes, by St. Lucie County, Florida, a political subdivision ofthe State of Florida (hereinafter the "County"), of the County's objection to the Application for Original Water and Wastewater Certificates (hereinafter the "Application") by Cloud Grove Utilities, LLC (hereinafter "Cloud Grove"), notice of which Application was received by the County on December 20, 2006. Pursuant to Section 367 .045(4), the County requests a hearing on its objection pursuant to Section 120.57 or Section 120.569, Florida Statutes, as applicable. As grounds for said objection the County states the following: 1. The County has standing to object to the Application as the property described in the Application (hereinafter the "Property") is located within the unincorporated area of the County. 2. The issuance of the certificates requested in the Application would violate the provisions of the County's Comprehensive Plan developed pursuant to Sections 163.3161-163.3211, Florida Statutes (hereinafter, the "Comp Plan"). Pursuant to the Comp Plan, the County is designated as the water and wastewater utility service provider to the Property, to which Comp Plan provision and designation the Property owner has consented. 3. The Property is located within the St. Lucie County Utility District, established pursuant to Sections 153.50-153.88, Florida Statutes (hereinafter, the "Utility District Act"). Pursuant to the Utility District Act no water or wastewater systems may be constructed without the approval of the County Commission sitting as the District Board. The District Board has not given its consent to Cloud Grove to provide water or wastewater utility services to the Property. 4. Responses to this Objection shall be filed in writing with: Daniel S. McIntyre St. Lucie County Attorney Administration Annex 2300 Virginia A venue Ft. Pierce, FL 34982 Doug Anderson St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Submitted this _ day of , 2007, by the County. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN 7. Infrastructure Required. An SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand as identified in Chapter 5 of the St Lucie County LDC. The level of infrastructure required will depend on the type of development, accepted civil engineering practices, and the requirements of this Section. a. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the provisions in Chapter 5 of the St Lucie County LDC in effect at the time of SRA designation. b. Infrastructure to be analyzed will include facilities for transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, schools, and parks and recreation. c. Centralized or decentralized community water and wastewater utilities are required in RLSA Towns and RLSA Villages. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by St Lucie County Utilities or another governmental utility provider per an interlocal agreement with the County. As the RLSA Overlay, pursuant to Section 163.3177(11)(d), F.S., is outside the County's urban services boundary, and RLSA Towns and RLSA Villages will therefore be outside the County's urban services boundaries, such water and wastewater utilities shall be included in the County or other governmental utility service territory without the requirement to move the urban services boundary. Developer shall have the option of designing, permitting, and constructing the water and wastewater utility within the RLSA Overlay, for the benefit of the County, using innovative financing vehicles to fund or provide satisfactory reimbursement for the developer's investment and unreimbursed expenses in design, permits, construction, infrastructure, impacts and requirements, including but not limited to community development districts, or voluntary assessment units. The water and wastewater utility shall be conveyed to the County upon receipt of the appropriate operating permits.The provision of water and wastewater utilities in the RLSA Overlay shall not be delayed by any potential future consolidation of utilies in St Lucie County into a regional utility system. Innovative or alternative water and wastewater treatment systems, such as decentralized community treatments systems, shall not be prohibited by this policy, provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres, are permitted on an interim basis until services from a centralized/decentralized community system are available. Individual potable water supply wells and septic systems may be permitted in CRDs. Any potable water systems shall meet Department of Environmental Protection standards. Any septic systems shall meet Department of Health standards. Central water and wastewater services shall not be provided beyond the RLSA boundary except as authorized by the Comprehensive Plan. d. Although water, sewer and other utilities may run through areas outside the RLSA boundary, or as part of a regional system, no connection to such services outside the RLSA Overlay is allowed unless those properties are also included in the RLSA boundary except as authorized by the Comprehensive Plan. e. Although no restrictions shall be placed on adjacent lands not within the RLSA boundary, the County shall, within two (2) years of the adoption of the RLSA Overlay, establish additional incentives for property outside any SRA boundary, to provide buffers, greenways and other separations to any established SRA. f. Individual potable water supply wells and septic systems to be used for construction and/or sale trailers and model homes only, are permitted on an interim basis within RLSA Towns, RLSA Villages or CRDs up to a maximum of ten thousand (10,000) gallons per day until services from a centralized/decentralized community system are available. Individual wells and septic tanks shall also be allowed for isolated guard house and/or comfort stations on a trail system or golf course up to 2,000 gallons per day. g. Individual potable water supply wells and septic systems are permitted in CRDs h. As it is the goal of Rural Land Stewardship to protect and conserve natural resources and agriculture, applicants are encouraged to utilize environmentally-friendly infrastructure techniques ("green design/technology"), best practices and latest technology. Further, applicants will cooperate with St. Lucie County as it investigates green building technology and considers adopting green building standards. ADDITIONS AGENDA 'anuar, 7, 2007 REGULAR AGENDA RAI. COUNTY AnORNEY Cloud Grove Utilities, LLC - Consider staff recommendation to approve the filing of the Notice of Objection and authorize the Chairman to sign the Notice. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taÞen 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. TO. .UBMlnED BY (DEPT), SUBJECT, BACKGROUND, FUNDS AVAILABLE. PREVIOUS ACTION, RECOMMENDATION, COMMISSION ACTION. 1rÄPPROVED 0 DENIED Lr OTHER: º Count" Attorn.". 19}·· ~/ º Orl.lnatln. Dept. ITEM NO. DATE 6 1/./2007 AGENDA REOUES' Board of County Commissioners REGULAR ( X ) PUBLIC HEARING ( ) CON'ENT () PRESENTED BY, Administration Staff recommends that the Board consider the requ st of Peter ngelos to allow construction of an 80'x32' (2,560 square foot) building at the ChucÞ's Seafood Restaurant site to be used as a dining facility. The Board approved a First Amendment to the agreement with ChuclÙ Seafood Restaurant, Inc. on October 10, 2006. The agreement has not been executed by the lessee. The City of Fort Pierce has required that the outside dining area currently being weather protected by tents be removed. In order for the restaurant to be financially viable, Peter Angelos has indicated that the tent dining area must be replaced with a code-approved building. NIA NIA Staff recommends Board that the Board approve the request of ChucÞ's Seafood Restaurant Inc. to construct a 80'x32' building subject to the following conditions: 1. Architectural enhancements be added to the building. 2. A site plan be submitted for Board approval, which identifies the specific locàtion of the building. 3. Mr. Angelos agrees that the County will own the building fee simple after construction. 4. Mr. Angelos signs the lease agreement approved by the Board on October 10, 2006. Approved 5-0 Dou I Anderson County Administrator Review and A..rovab º ".n..ement and Bud.et. º Purch....... o Othe.. o Othe.. º 'Inance. Checb for CO" onl", If appllc.ble. S:\RAY\2006\AGENDA\1-19-06 CHUCK'S SEAFOOD.DOC ~ COUNTY ADMINISTRATION MEMORANDUM 06-55 TO, Board of County Commissioners FROM. Ray Wazny, Assistant County Administrator DATE. January 9,2007 RE, ChudÙ Seafood Restaurant BACKGROUND The Board approved a First Amendment to the agreement with ChudÙ Seafood Restaurant, Inc. on October 10, 2006. The agreement has not been executed by the lessee. The City of Fort Pierce has required that the outside dining area, currently, being weather protected by tents be removed. In order for the restaurant to be financially viable, Peter Angelos has indicated that the tent dining area must be replaced with a code-approved building. RECOMMENDATION Staff recommends Board that the Board approve the request of ChudÙ Seafood Restaurant Inc. to construct a 80'x32' building subject to the following conditions: 1. Architectural enhancements be added to the building. 2. A site plan be submitted for Board approval which identifies the specific location of the building. 3. Mr. Angelos agrees that the County will own the building fee simple after construction. 4. Mr. Angelos signs the lease agreement approved by the Board on October 10, 2006. RLW:ms 06-55 C: Douglas M. Anderson Faye Outlaw, Assistant County Administrator S:\RAY\2006\AGENDA\1-19-06 CHUCK'S SEAFOOD DOC 01/05/07 FZABWARR FUND 001 001156 001159 001164 001177 001179 001180 001182 001404 001415 001418 001814 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 006 _¿ 114 120 122 126 130 139 140 150 160 183001 183004 185007 185008 242 316 316301 317 39006 39007 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #14- 30-DEC-2006 TO 05-JAN-2007 FUND SUMMARY TITLE General Fund FTA USC Seeton 5307 Oper. Assist. FTA Section 5303 Grant FY 04 USDOJ Violence Against Women Grant Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 US Dept Housing HUD Shelter Plus Gr CSBG Grant FY07 05 CDBG Sup Disaster Recovery TDC Planning Grant FY 07 FDCA EMPA FY07 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 Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology River Park II Fund Harmony Heights 4 Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting SLC Public Transit MSTU Palm Grove Fund Port & Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Port I&S Fund County Capital FDOT Intermodal Improvements County Capital-St Revenue Share Bnd So 26th St MSBU Capital Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund EXPENSES 382,481.31 104.59 127.59 8.26 1,401. 95 270.16 26.54 535.74 391.68 247.86 423.42 411.30 13,611. 24 42,556.65 16,673.32 10,602.39 5,858.01 650.00 41,594.80 2,367.39 82.88 69,437.78 68,528.36 6,454.49 10,170.49 590.95 2,782.84 175.80 1,015.34 121. 81 2,041. 67 741. 53 10,919.69 629.55 1,075.42 240.00 686.01 301. 70 8,294.83 228,876.27 29,850.00 35,005.50 586,201.50 64,231. 95 150.00 22,207.60 16,428.54 PAGE PAYROLL 9,800.48 0.00 697.68 0.00 1,694.34 0.00 0.00 0.00 0.00 1,594.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,050.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 01/05/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #14- 30-DEC-2006 TO 05-JAN-2007 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 451 S. Hutchinson Utilities Fund 4,354.89 0.00 458 SH Util-Renewal & Replacement Fund 167.07 0.00 461 Sports Complex Fund 12,358.51 0.00 471 No County Utility District-Operatin 38,714.46 0.00 478 No Cty Util Dist-Renewal & Replace 265.95 0.00 479 No Cty Util Dist-Capital Facilities 423.82 0.00 491 Building Code Fund 22,238.10 0.00 505 Health Insurance Fund 374,046.81 3,904.64 611 Tourist Development Trust-Adv Fund 2,237.24 0.00 625 Law Library 2,905.00 0.00 630 Tax Deed Overbid Agency Fund 23,575.21 0.00 801 Bank Fund 147,636.18 0.00 GRAND TOTAL: 2,316,509.94 18,742.22 2 1~/22/a,<j FZABWARR FUND 001 001002 001159 001164 001177 001179 001180 001182 001404 001415 001418 101 101001 101002 101003 101004 101006 101218 102 102001 105 107 107001 107002 "'003 006 109 113 114 116 117 119 121 123 127 128 130 136 140 140001 140128 140328 140329 150 160 170 183 183001 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 16-DEC-2006 TO 22-DEC-2006 FUND SUMMARY TITLE General Fund FBIP 97/98 Boating Related Activit FTA Section 5303 Grant FY 04 USDOJ Violence Against Women Grant Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 US Dept Housing HOD Shelter Plus Gr CSBG Grant FY07 05 CDBG Sup Disaster Recovery TDC Planning Grant FY 07 FDCA EMPA FY07 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees 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 Drug Abuse Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Blakely Subdivision Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Port & Airport Fund Port Fund Industrial Park West-EDA FDOT Land Acquisitions/Planning Stu FDOT-Taylor Creek Restoration/Acqui Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat EXPENSES 1,644,788.66 867.34- 176.17 92.72 4,791.23 932.81 33.11 5,208.88 2,341.30 630.47 1,216.00 76,542.06 82.80 173,870.08 101,685.51 57,422.35 182,290.21 27,842.00 180,411. 07 29,149.97 3,594.19 303,590.02 1,833.62 44,322.39 25,970.68 51,493.76 35.00 233.02 507.91 568.21 141.44 885.56 78.99 297.00 368.70 494.94 109,125.61 1,452.28 36,471.21 207.33 5,000.00 15,565.99 54,700.00 7,044.87 4,185.09 71,660.70 39,894.86 660.00 PAGE PAYROLL 74,808.99 0.00 0.00 0.00 0.00 21,719.65 0.00 0.00 811.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,001.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 12/22/06 . , FZABWARR JrOND 183004 184210 185007 185008 242 310002 310202 310204 315 316 316001 401 418 451 458 461 471 478 479 491 505 611 615 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 16-DEC-2006 TO 22-DEC-2006 FUND SUMMARY TITLE Ct Admin.- Teen Court FDEP - SLC South Dune Restoration FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Port I&:S Fund Impact Fees-Parks FDEP Land/Water Fund "River Pk" FIND River Park Marina County Building Fund County Capital Transportation Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal &: Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal &: Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Bank Fund GRAND TOTAL: EXPENSES 12,473.70 35,177.33 5,624.55 14,369.00 228,876.27 8,863.16 18,845.40 14,000.00 3,864.61 82,999.09 64,626.00 846,323.14 82,644.62 30,288.46 1,365.45 58,300.20 104,146.96 2,174.59 334,537.53 173,674.50 648,510.93 47,158.44 28.50 176,754.03 6,264,649.89 PAGE PAYROLL 0.00 0.00 0.00 811.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,204.64 0.00 0.00 0.00 103,358.64 2 12/29/06 FZABWARR FUND 001 001159 001177 001179 001182 001404 001415 001814 101 101002 101003 101004 101006 102 102001 107 107001 107002 107005 107006 129 130 138 140 '001 160 183 183001 183004 185007 185008 216 310202 401 418 451 458 461 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #13- 23-DEC-2006 TO 29-DEC-2006 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 04 Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 CSBG Grant FY07 05 CDBG Sup Disaster Recovery TDC Planning Grant FY 07 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Legal Aid F&F Fund-Court Related Technology Parks MSTU Fund SLC Public Transit MSTU Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery County Capital I&S FDEP Land/Water Fund "River Pk" Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 2,099,866.70 26.68 341. 60 262.42 393.26 101.40 87.66 106.48 4,629.97 33,898.45 7,371.30 10,373.94 4,638.00 6,619.05 17,323.10 3,419,423.84 77.95 174.72 24,397.08 477.99 497,993.69 149.64 254.00 5,225.86 15,934.55 162.97 246.03 1,123.75 2,420.00 208.75 78.10 2,208.47 15,520.24 1,800.00 101,199.15 6,617.36 77,276.02 41.28 1,195.53 264,961.09 66.42 8,413.36 5,602.50 269,720.05 40,388.00 2,173.47 6,578.00 255,609.10 7,213,758.97 PAGE PAYROLL 627,420.73 348.84 4,465.31 0.00 1,722.12 1,325.47 1,145.90 1,391.91 44,700.48 44,082.59 34,226.49 19,378.17 0.00 84,382.01 6,576.65 134,535.16 1,019.04 2,283.89 0.00 6,248.06 0.00 1,956.01 0.00 15,082.10 0.00 2,130.41 3,150.88 0.00 0.00 2,728.70 1,021. 01 5,964.66 0.00 0.00 65,081.39 24,609.56 1,960.06 539.52 15,628.06 7,951.02 868.32 1,447.78 73,236.12 5,748.16 0.00 28,411.52 0.00 0.00 1,272,768.10 1 ",..".' ,. AGENDA REQUEST ITEM NO. Ur+ DATE: January 9,2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Interlocal Agreement with North St. Lucie River Water Control District - Canal No. 103 BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. pt] APPROVED [] DENIED [ ] OTHER: Approved 5-0 ou as Anderson County Administrator COMMISSION ACTION: County Attorney: J¡( Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-2186 DATE: December 20, 2006 SUBJECT: Interlocal Agreement with North St. Lucie River Water Control District - Canal No. 103 44444444444A4************************44444AAAA4AAAAAAAA4AAAAAAAA4AAAAAAAAAAAAAAAAA4A4 BACKGROUND: At the County's request, on September 16, 2006, the North St. Lucie River Water Control District ("District") conveyed Canal No. 103 to the County. The County would like the District Engineer to assist the County in permitting proposed improvements and installation to Canal No. 103. Attached is a draft Interlocal Agreement with the District. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. DSM/caf Attachment INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this _ day of 2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, and NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT, a special taxing district, hereinafter referred to as the "District". WHEREAS, on September 19,2006, the District conveyed Canal No. 103 to the County at the County's request; and WHEREAS, the County would like the District Engineer to assist the County in permitting proposed improvements and installation to Canal No. 103. NOW, THEREFORE, the parties agree as follows: 1. Authority This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. Cooperation of the District Engineer The District agrees that the District Engineer shall provide assistance to the County on permitting issues pertaining to Canal No. 103 as requested by the County. The County agrees to reimburse the District for the cost of the District Engineer's services within thirty (30) days from receipt of an invoice from the District. The District, at the District's option, may permit the District Engineer to directly invoice the County for services rendered pursuant to this Agreement. 3. Amendment This Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 4. Notice All notices, requests, consents and other communications required or permitted under this agreement shall be in writing. AS TO DISTRICT WITH A COpy TO: North St. Lucie River Water Control District 2721 S. Jenkins Road Fort Pierce, Florida 34981 Frank H. Fee, III, Esquire Fee, DeRoss & Fee, P.L. 500 Virginia Avenue, Suite 200 Fort Pierce, Florida 34982 AS TO COUNTY: WITH A COpy TO: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia A venue Fort Pierce, Florida 34982 St. Lucie County Engineer 2300 Virginia Avenue Fort Pierce, Florida 34982 5. Record Retention; Inspection The County agrees that the District or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the County involving transactions related to this Agreement. The District agrees that the County or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the District involving transactions related to this Agreement. 6. Public Record The County and the District shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by them in conjunction with this Agreement. 7. Assignment Neither party shall assign this Agreement to any other persons or firm without first obtaining the other party's written approval. 8. Effective Date; Termination This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. 9. Whole Agreement This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreement, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chai rman APPROVED AS TO FORM AND CORRECTNESS County Attorney ATTEST: NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT Clerk President APPROVED AS TO FORM AND CORRECTNESS Attorney for the District " AGENDA REQUEST ITEM NO. ~ :26 DATE: January 9,2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Third Extension to Contract C02-12-122 with eCivis (Grant Locator) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: On December 11, 2002, the Board approved an eCivis subscription agreement. On February 10, 2004, the Board approved a one-year renewal. On November 22, 2005, the Board approved a second one-year renewal. RECOMMEND A TION: Staff recommends that the Board approve the third extension to Contract with eCivis. ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: 4 D glas Anderson County Administrator COMMISSION ACTION: Q /1 ..þ v 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.: 06-2204 DATE: December 21,2006 SUBJECT: Third Extension to Contract with eCivis (Grant Locator) ***********AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA***AAAAAA***** BACKGROUND: On December 11, 2002 the Board approved a contract with eCivis for a database service that provides information on federal, state and private foundation grants. Attached is a copy of an extension which will renew the contract through January 15, 2008. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the third extension to the Contract with eCivis. Respe1ully/:ubmitte ;( //¡()l1i '" ý -..i(..'f../^-..I. ,-"< /. "- Daniel S. MéInty~ ,.' County Attorni/' ,~ DSM/caf Attachment ,. '{ "" ~ eClvls Date: 12/8/2006 Reference No. 10196-5 GRANTS LOCATOR CONTRACT EXTENSION: 1/16/2007 to 1/15/2008 Saint Lucie County, FL eCivis, Inc. is pleased to extend your current contract of Grants Locator for an additional year. All the terms and conditions of Contract number 50417-3, (a copy of which is attached/on file with Saint Lucie County, FL and eCivis, Inc.), remain in effect, except for the following modifications. This contract is valid within 60 days of 1/16/2007. 1. Term: 2. Products & Services: 3. Fees: 4. Other Services: 5. Terms of Contract Extension: 1/16/2007 to 1/15/2008 . Grants Locator - Federal, State, and Foundation License o Web-based Training included for all users If Signed Contract is: ~ Received by 1/15/2007 o Received After 1/15/2007 This is the Valid Price $17,985 (40% Savings) $30,000 o Community Based Organization Access (includes 50 users): $10,000 o On-Site Training (one day, up to 3 classes, includes travel): add $3,000 This Grants Locator contract is a Y ear-to- Year agreement. An extension agreement must be signed each year in advance of the current contract termination date. No guarantee is implied regarding a maximum price increase from year to year. Multi-year agreements are available. Contact your CSA for additional information. 6. Access Holders: Unlimited Accounts 7. eCivis Contact: 8. Master Account Holder: 9. Payment Type: Wes Burt, Senior Client Services Associate, (877) 232-4847, ext. William Hoeffner, Grant Writer, (772)462-1467 DInvoice LJ~~1:~ ~1Y{C ~ 1Øf^ Page 1 of 2 3452 E. Foothill Blvd., Floor 9 Pasadena, CA 91107 1-877-232-4847 .. ~ ~ eClvls Between the following parties: It is agreed by both parties that the terms of the Extension are stated as above and that all other terms and provisions ofthe Subscription Agreement remain in full force and effect. Vendor eCivis, Inc. 3452 E. Foothill Blvd, 9th Floor Pasadena, CA 91107 (877) 232-4847 (Toll Free) Customer Saint Lucie County, FL 2300 Virginia Ave Ft. Pierce, FL 34982 IN WITNESS WHEREOF, the parties have executed this Agreement. By: eCivis, Inc. Saint Lucie County, FL (}~~j\ {Z . \\ ¿!"CL-Q--,.. Signature Anthony A. Robles Director of Client Services 12/8/2006 Signature Print Name Date Page 2 of 2 3452 E. Foothill Blvd., Floor 9 Pasadena, CA 91107 1-877-232-4847 AGENDA REQUEST ITEM NO. C2C DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre Cou nty Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: RECOMMENDATION CONCLUSION: COMMISSION ACTION: IX] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] C'""tv 'It"",,, ~ [ ] Growth Management.: [ ]Finance:(check for copy only, If applicable) Resolution No. 07-024 - Urging the Florida State Legislature to address the Extreme Insurance Rate Increases in the Special Session called for in January 2007 See attached memorandum N/A Staff recommends that the Board of County Commissioners approve the attached Resolution and authorize the Chairman to sign the Resolution. E: Doug as M. Anderson County Administrator Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Parks & Recreation Director [ ] Solid Waste Mgr Effective 5/96 - /#" INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 06-2214 DATE: December 22, 2006 SUBJECT: Resolution No. 07-024 - Urging the Florida State Legislature to address the Extreme Insurance Rate Increases in the Special Session called for in January 2007 BACKGROUND: In 2006, the Florida Legislature, through Senate Bill 1980, addressed some of the insurance rate increases associated with the perceived sinkhole risks, and imposed a requirement on Citizens Property Insurance Corporation for rates to be calculated including charges for reinsurance to cover the 70 year storm event. The Governor's Property and Casualty Insurance Reform Committee has proposed recommendations for consideration by the Florida Legislature to address the insurance crisis. A legislative special session on the insurance crisis to amend 5B 1980 and to adopt the Committee's recommendations is necessary so as to provide expeditious relief to the residents and business owners of Florida. This resolution urges the Florida Legislature to consider the proposed recommendations to address the insurance crisis in the Special Session called for in January 2007. RECOMM ENDATION I CONCLUSION: Staff recommends that the Board of County Commissioners approve the attached Resolution and authorize the Chairman to sign the Resolution. ." RESOLUTION NO. 07-024 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REGARDING THE EXTREME INSURANCE RATE INCREASES IMPOSED UPON THE RESIDENTS AND BUSINESS OWNERS IN FLORIDA AND STRONGLY URGING THE FLORIDA STATE LEGISLATURE TO ADDRESS THE ISSUES IN THE SPECIAL SESSION CALLED FOR IN JANUARY 2007 WHEREAS, St. Lucie County residents and business owners bear a burden of insurance rate increases that affect the economic welfare of the County; and WHEREAS, residents and business owners throughout the State of Florida are struggling under similar circumstances relating to the current insurance crisis; and WHEREAS, particularly senior citizens on fixed incomes and young families are facing extraordinary challenges as homeowners with possibilities of foregoing insurance or even losing their homes, while business owners are faced with decreasing profits and potential closings; and WHEREAS, St. Lucie County, and to a lesser extent neighboring counties in the Tri- County Region, are subject to additional insurance rate increases due to perceived sinkhole risks; and WHEREAS, in 2006, the Florida Legislature, through Senate Bill 1980, addressed some of the insurance rate increases associated with the perceived sinkhole risks, and imposed a requirement on Citizens Property Insurance Corporation for rates to be calculated including charges for reinsurance to cover the 70 year storm event; and WHEREAS, the Governor's Property and Casualty Insurance Reform Committee has proposed recommendations for consideration by the Florida Legislature to address the insurance crisis; and WHEREAS, a legislative special session on the insurance crisis to amend SB 1980 and to adopt the Committee's recommendations is necessary so as to provide expeditious relief to the residents and business owners of Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby urges the Florida Legislature to consider the proposed recommendations to address the insurance crisis in the Special Session called for in January 2007; and 2. The County Administrator or his designee is hereby directed to forward a copy of this resolution to the County's Legislative Delegation. PASSED AND DULY ADOPTED this 9th day of January, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY -A t , AGENDA REQUEST - ~ ITEM NO.~___ DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Mark Godwin, Criminal Justice Coordinator SUBJECT: Maintenance and Support Agreement for the Automated Fingerprint Identification System at the Juvenile Assessment Center. BACKGROUND: In October 2005, the Juvenile Assessment Center (JAC) opened and began processing juveniles through referrals made by law enforcement agencies in St. Lucie County twenty four (24) hours; seven (7 ) days per week. Prior to the program's operation, juveniles had to be taken to the Booking Department of the jail for processing. In order to properly identify juveniles, and verify if outstanding wants or warrants exist, the Juvenile Assessment Center utilizes the automated fingerprint identification system (LiveScann 2000). The maintenance agreement provides for 24 hour 7 day support for the software and hardware of the identification system. FUNDS AVAILABLE: Funding in the amount of $13,097.00 for the maintenance and support of the finger print equipment would be paid from unincorporated funds (102-9910- 599300-800) . PREVIOUS ACTION: The operations of the Juvenile Assessment Center were approved in the 2006/2007 budget, but didn't include the maintenance and support agreement costs. RECOMMENDATION: Staff recommends the approval of the maintenance and support agreement with Motorola as a sole source provider, in the amount of $13,097.00 dollars. COMMISSION ACTION: [ )t] APPROVED [ [ ] OTHER: DENIED M. Anderson Administrator Approved 5-0 County Attorney:_X /.¡1k Coordination/Siqnatures Management & Budget:_X Purchasing: Originating Department:x Other: Finance: Check for Copy only, if applicable x Eff: 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 07-21 DATE: January 9, 2007 Maintenance and Support Agreement for the Automated Fingerprint Identification System at the Juvenile Assessment Center **************************************************************************** SUBJECT: BACKGROUND: In 2005, St. Lucie County funded the Juvenile Assessment Center (J.A.C.) as an eighteen-month pilot project. In 2006, the Board again funded the J.A.C. through 2007, with 2/3rds of the funding being provided by the Cities of Fort Pierce and Port Saint Lucie. The J.A.C. is a 24-hour central receiving, booking, assessment and case management center-serving juveniles throughout St. Lucie County. The Center allows Law Enforcement Officers to return to assigned duties within approximately 15 minutes after taking juveni les to the center, thereby saving an average of three (3) hours per juvenile case. Once the juvenile arrives at the J.A.C., they have an intensive screening/assessment, are electronically fingerprinted and photographed. The juveniles then receive the best sanction and/ or service recommendation, including but not limited to placement in the detention center if warranted. In order to properly identify juveniles, and verify if outstanding wants or warrants exist, the Juvenile Assessment Center utilizes the automated fingerprint identification system (Lives can 2000). The cost of the maintenance and support agreement were not part of the 2006/2007 budget. Recommendation / Conclusion: Staff recommends the Board enter into a maintenance and support agreement with Motorola as a sole source provider. Funds in the amount of $13,097.00, would be provided from unincorporated funds (102-9910-599300-800). 0)" /-J-JJ ~ Biometrics Maintenance and Support Agreement Motorola, Inc., a Delaware corporation, ("Motorola" or "Seller") OR Printrak International Incorporated, a Motorola company ("Printrak" or "Seller") OR Motorola Limited ("Motorola or Seller")[select proper entity] having a place of business at 1250 North Tustin Avenue, Anaheim, California 92807 and Board of County Commission St Lucie County, FL ("Customer"), having a place of business at 1215 Bell Avenue Ft Pierce, FL 34942 enter into this Maintenance and Support Agreement ("Agreement"), pursuant to which Customer will purchase and Seller will sell the maintenance and support services as described below and in the attached exhibits. Seller and Customer may be referred to individually as "party" and collectively as "parties." For good and valuable consideration, the parties agree as follows. Section 1 EXHIBITS The Exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which they are listed below. Exhibit A Exhibit B Exhibit C Exhibit D "Description of Covered Products" "Support Plan" "Support Plan Options and Pricing Worksheet" "Billable Rates" Section 2 DEFINITIONS "Equipment" means the physical hardware purchased by Customer from Seller pursuant to a separate System Agreement, Products Agreement, or other form of agreement. "Motorola" means Motorola, Inc., a Delaware corporation. "Motorola Software" means Software that Motorola or Seller owns. The term includes Product Releases, Standard Releases, and Supplemental Releases, "Non-Motorola Software" means Software that a party other than Motorola or Seller owns. "Optional Technical Support Services" means fee-based technical support services that are not covered as part of the standard Technical Support Services. "Patch" means a specific change to the Software that does not require a Release. "Principal Period of Maintenance" or "PPM" means the specified days, and times during the days, that maintenance and support services will be provided under this Agreement. The PPM selected by Customer is indicated in the Support Plan Options and Pricing Worksheet. "Printrak" means Printrak International Incorporated, a Motorola company. "Products" means the Equipment (if applicable as indicated in the Description of Covered Products) and Software provided by Seller. "Releases" means an Update or Upgrade to the Motorola Software and are characterized as "Supplemental Releases," "Standard Releases," or "Product Releases." A "Supplemental Release" is defined as a minor release of Motorola Software that contains primarily error corrections to an existing Standard Release and may contain limited improvements that do not affect the overall structure of the Motorola Software. Depending on Customer's specific configuration, a Supplemental Release might not M&SA, incl. exhibits 8,25.06 Contract No. Page 1 be applicable. Supplemental Releases are identified by the third digit of the three-digit release number, shown here as underlined: "1.2.~". A "Standard Release" is defined as a major release of Motorola Software that contains product enhancements and improvements, such as new databases, modifications to databases, or new servers. A Standard Release may involve file and database conversions, System configuration changes, hardware changes, additional training, on-site installation, and System downtime. Standard Releases are identified by the second digit of the three-digit release number, shown here as underlined: "1.2.3". A "Product Release" is defined as a major release of Motorola Software considered to be the next generation of an existing product or a new product offering. Product Releases are identified by the first digit of the three-digit release number, shown here as underlined: "1:2.3", If a question arises as to whether a Product offering is a Standard Release or a Product Release, Motorola's opinion will prevail, provided that Motorola treats the Product offering as a new Product or feature for its end user customers generally "Residual Error" means a software malfunction or a programming, coding, or syntax error that causes the Software to fail to conform to the Specifications. "Services" means those maintenance and support services described in the Support Plan and provided under this Agreement. "Software" means the Motorola Software and Non-Motorola Software that is furnished with the System or Equipment. "Specifications" means the design, form, functionality, or performance requirements described in published descriptions of the Software, and if also applicable, in any modifications to the published specifications as expressly agreed to in writing by the parties. "Standard Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding established Motorola holidays. "Standard Business Hour" means a sixty (60) minute period of time within a Standard Business Day(s). "Start Date" means the date upon which this Agreement begins. The Start Date is specified in the Support Plan Options and Pricing Worksheet "System" means the Products and services provided by Seller as a system as more fully described in the Technical and Implementation Documents attached as exhibits to a System Agreement between Customer and Seller (or Motorola). "Technical Support Services" means the remote telephonic support provided by Seller on a standard and centralized basis concerning the Products, including diagnostic services and troubleshooting to assist Customer in ascertaining the nature of a problem being experienced by the Customer, minor assistance concerning the use of the Software (including advising or assisting the Customer in attempting data/database recovery, database set up, client-server advice), and assistance or advice on installation of Releases provided under this Agreement "Update" means a Supplemental Release or a Standard Release. "Upgrade" means a Product Release. Section 3 SCOPE AND TERM OF SERVICES 3.1. In accordance with the provisions of this Agreement and in consideration of the payment by Customer of the price for the Services, Seller will provide to Customer the Services in accordance with M&SA, incl.exhibits 8.25.06 Contract No. Page 2 Customer's selections as indicated in the Support Plan Options and Pricing Worksheet, and such Services will apply only to the Products described in the Description of Covered Products. 3.2. Unless the Support Plan Options and Pricing Worksheet expressly provides to the contrary, the term of this Agreement is one (1) year, beginning on the Start Date. This annual maintenance and support period will automatically renew upon the anniversary date for successive one (1) year periods unless either party notifies the other of its intention to not renew the Agreement (in whole or part) not less than thirty (30) days before the anniversary date or this Agreement is terminated for default by a party. 3.3. This Agreement covers all copies of the specified Software listed in the Description of Covered Products that are licensed by Seller to Customer. If the price for Services is based upon a per unit fee, such price will be calculated on the total number of units of the Software that are licensed to Customer as of the beginning of the annual maintenance and support period. If, during an annual maintenance and support period, Customer acquires additional units of the Software that is covered by this Agreement, the price for maintenance and support services for those additional units will be calculated and added to the total price either (1) if and when the annual maintenance and support period is renewed or (2) immediately when Customer acquires the additional units, as Motorola determines. Seller may adjust the price of the maintenance and support services effective as of a renewal if it provides to Customer notice of the price adjustment at least forty-five (45) days before the expiration of the annual maintenance and support period, If Customer notifies Seller of its intention not to renew this Agreement as permitted by Section 3.2 and later wishes to reinstate this Agreement, it may do so with Seller's consent provided (a) Customer pays to Seller the amount that it would have paid if Customer had kept this Agreement current, (b) Customer ensures that all applicable Equipment is in good operating conditions at the time of reinstatement, and (c) all copies of the specified Software listed in the Description of Covered Products are covered. 3.4. When Seller performs Services at the location of installed Products, Customer agrees to provide to Seller, at no charge, a non-hazardous environment for work with shelter, heat, light, and power, and with full and free access to the covered Products. Customer will provide all information pertaining to the hardware and software with which the Products are interfacing to enable Seller to perform its obligations under this Agreement 3.5. All Customer requests for covered Services will be made initially with the call intake center identified in the Support Plan Options and Pricing Worksheet 3.6. Seller will provide to Customer Technical Support Services and Releases as follows: 3.6.1. Seller will provide unlimited Technical Support Services and correction of Residual Errors during the PPM in accordance with the exhibits. The level of Technical Support depends upon the Customer's selection as indicated in the Support Plan Options and Pricing Worksheet Any Technical Support Services that are performed by Seller outside the contracted PPM and any Residual Error corrections that are outside the scope shall be billed at the then current hourly rates. Technical Support Services will be to investigate specifics about the functioning of covered Products to determine whether there is a defect in the Product and will not be used in lieu of training on the covered Products. 3.6.2. Unless otherwise stated in paragraph 3.6.3 or if the Support Plan Options and Pricing Worksheet expressly provides to the contrary, Seller will provide to Customer without additional license fees an available Supplemental or Standard Release after receipt of a request from Customer, but Customer must pay for any installation or other services and any necessary Equipment or third party software provided by Seller in connection with such Supplemental or Standard Release. Any services will be performed in accordance with a mutually agreed schedule. 3.6,3 Seller will provide to Customer an available Product Release after receipt of a request from Customer, but Customer must pay for all additional license fees, any installation or other services, and any necessary Equipment provided by Seller in connection with such Product Release. Any services will be performed in accordance with a mutually agreed schedule. M&SA. incl.exhibits 8.25.06 Contract No. Page 3 3.6.5, Seller does not warrant that a Release will meet Customer's particular requirement, operate in the combinations that Customer will select for use, be uninterrupted or error-free, be backward compatible, or that all errors will be corrected. Full compatibility of a Release with the capabilities and functions of earlier versions of the Software may not be technically feasible. If it is technically feasible, services to integrate these capabilities and functions to the updated or upgraded version of the Software may be purchased at Customer's request on a time and materials basis at Seller's then current rates for professional services, 3,6.6. Seller's responsibilities under this Agreement to provide Technical Support Services shall be limited to the current Standard Release plus the two (2) prior Standard Releases (collectively referred to in this section as "Covered Standard Releases."). Notwithstanding the preceding sentence, Seller will provide Technical Support Services for a Severity Level 1 or 2 error concerning a Standard Release that precedes the Covered Standard Releases unless such error has been corrected by a Covered Standard Release (in which case Customer shall install the Standard Release that fixes the reported error or terminate this Agreement as to the applicable Software). 3.7. The maintenance and support Services described in this Agreement are the only covered services. Unless Optional Technical Support Services are purchased, these Services specifically exclude and Seller shall not be responsible for: 3,7.1. Any service work required due to incorrect or faulty operational conditions, including but not limited to Equipment not connected directly to an electric surge protector, or not properly maintained in accordance with the manufacturer's guidelines. 3.7.2. The repair or replacement of Products or parts resulting from failure of the Customer's facilities, Customer's personal property and/or devices connected to the System (or interconnected to devices) whether or not installed by Seller's representatives. 3.7.3. The repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse, Customer's negligence, or from causes such as lightning, power surges, or liquids. 3.7.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. 3.7.5. Accessories, custom or Special Products; modified units; or modified Software. 3.7.6. The repair or replacement of parts resulting from the tampering by persons unauthorized by Seller or the failure of the System due to extraordinary uses. 3.7.7. Operation and/or functionality of Customer's personal property, equipment, and/or peripherals and any application software not provided by Seller. 3.7.8. Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component. 3.7,9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System. 3.7.10 Services to diagnose malfunctions or inoperability of the Software caused by changes, additions, enhancements, or modifications in the Customer's platform or in the Software. 3.7.11 Services to correct errors found to be caused by Customer-supplied data, machines, or operator failure. 3.7.12. Operational supplies, including but not limited to, printer paper, printer ribbons, toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the System; battery replacement for uninterruptible power supply (UPS); office furniture including chairs or workstations. 3.7.13, Third-party software unless specifically listed on the Description of Covered Products. M&SA. incLexhibits 8.25.06 Contract No. Page 4 3.7.14. Support of any interface(s) beyond Seller-provided port or cable, or any services that are necessary because third party hardware, software or supplies fail to conform to the specifications concerning the Products. 3.7.15. Services related to customer's failure to back up its data or failure to use an UPS system to protect against power interruptions. 3.7.16. Any design consultation such as, but not limited to, configuration analysis, consultation with Customer's third-party provider(s), and System analysis for modifications or Upgrades or Updates which are not directly related to a Residual Error report. 3.8. The Customer hereby agrees to: 3.8.1. Maintain any and all electrical and physical environments in accordance with the System manufacturer's specifications. 3.8.2. Provide standard industry precautions (e.g, back-up files) ensuring database security, per Seller's recommended backup procedures. 3.8.3. Ensure System accessibility, which includes physical access to buildings as well as remote electronic access. Remote access can be stipulated and scheduled with customer; however, remote access is required and will not be substituted with on-site visits if access is not allowed or available. 3.8.4. Appoint one or more qualified employees to perform System Administration duties, including acting as a primary point of contact to Seller's Customer Support organization for reporting and verifying problems, and performing System backup. At least one member of the System Administrators group should have completed Seller's End-User training and System Administrator training (if available). The combined skills of this System Administrators group should include proficiency with: the Products, the system platform upon which the Products operate, the operating system, database administration, network capabilities such as backing up, updating, adding, and deleting System and user information, and the client, server and stand alone personal computer hardware. The System Administrator shall follow the Residual Error reporting process described herein and make all reasonable efforts to duplicate and verify problems and assign a Severity Level according to definitions provided herein. Customer agrees to use reasonable efforts to ensure that all problems are reported and verified by the System Administrator before reporting them to Seller. Customer shall assist Seller in determining that errors are not the product of the operation of an external system, data links between system, or network administration issues, If a Severity Level 1 or 2 Residual Error occurs, any Customer representative may contact Seller's Customer Support Center by telephone, but the System Administrator must follow up with Seller's Customer Support as soon as practical thereafter. 3.9. In performing repairs under this Agreement, Seller may use parts that are not newly manufactured but which are warranted to be equivalent to new in performance. Parts replaced by Seller shall become Seller's property. 3,10 Customer shall permit and cooperate with Seller so that Seller may periodically conduct audits of Customer's records and operations pertinent to the Services, Products, and usage of application and data base management software. If the results of any such audit indicate that price has been understated, Seller may correct the price and immediately invoice Customer for the difference (as well as any unpaid but owing license fees). Seller will limit the number of audits to no more than one (1) per year except Seller may conduct quarterly audits if a prior audit indicated the price had been understated. 3.11. If Customer replaces, upgrades, or modifies equipment, or replaces, upgrades, or modifies hardware or software that interfaces with the covered Products, Seller will have the right to adjust the price for the Services to the appropriate current price for the new configuration. M&SA, incLexhibits 8.25.06 Contract No, Page 5 3.12 Customer shall agree not to attempt or apply any update(s), alteration(s), or change(s) to the database software without the prior approval of the Seller. Section 4. RIGHT TO SUBCONTRACT AND ASSIGN Seller may assign its rights and obligations under this Agreement and may subcontract any portion of Seller's performance called for by this Agreement. Section 5. PRICING, PAYMENT AND TERMS 5.1 Prices in United States dollars are shown in the Support Plan Options and Pricing Worksheet. Unless this exhibit expressly provides to the contrary, the price is payable annually in advance. Seller will provide to Customer an invoice, and Customer will make payments to Seller within twenty (20) days after the date of each invoice, During the term of this Agreement, Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a United States financial institution. 5.2. Overdue invoices will bear simple interest at the rate of ten percent (10%) per annum, unless such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum allowable rate, 5.3 If Customer requests, Seller may provide services outside the scope of this Agreement or after the termination or expiration of this Agreement and Customer agrees to pay for those services. These terms and conditions and the prices in effect at the time such services are rendered will apply to those services. 5.4 Price(s) are exclusive of any taxes, duties, export or customs fees, including Value Added Tax or any other similar assessments imposed upon Seller. If such charges are imposed upon Seller, Customer shall reimburse Seller upon receipt of proper documentation of such assessments. Section 6. LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Seller's (including any of its affiliated companies) total liability arising from this Agreement will be limited to the direct damages recoverable under law, but not to exceed the price of the maintenance and support services being provided for one (1) year under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT SELLER (INCLUDING ANY OF ITS AFFILIATED COMPANIES) WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE SYSTEM, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. Section 7. DEFAUL TITERMINATION 7.1. If Motorola breaches a material obligation under this Agreement (unless Customer or a Force Majeure causes such failure of performance), Customer may consider Motorola to be in default. If Customer asserts a default, it will give Motorola written and detailed notice of the default. Motorola will have thirty (30) days thereafter either to dispute the assertion or provide a written plan to cure the default that is acceptable to Customer. If Motorola provides a cure plan, it will begin implementing the cure plan immediately after receipt of Customer's approval of the plan. M&SA, incLexhibits 8.25.06 Contract No. Page 6 7.2. If Customer breaches a material obligation under this Agreement (unless Motorola or a Force Majeure causes such failure of performance); if Customer breaches a material obligation under the Software License Agreement that governs the Software covered by this Agreement; or if Customer fails to pay any amount when due under this Agreement, indicates that it is unable to pay any amount when due, indicates it is unable to pay its debts generally as they become due, files a voluntary petition under bankruptcy law, or fails to have dismissed within ninety (90) days any involuntary petition under bankruptcy law, Motorola may consider Customer to be in default If Motorola asserts a default, it will give Customer written and detailed notice of the default and Customer will have thirty (30) days thereafter to (i) dispute the assertion, (ii) cure any monetary default (including interest), or (iii) provide a written plan to cure the default that is acceptable to Motorola. If Customer provides a cure plan, it will begin implementing the cure plan immediately after receipt of Motorola's approval of the plan. 7,3. If a defaulting party fails to cure the default as provided above in Sections 7.1 or 7.2, unless otherwise agreed in writing, the non-defaulting party may terminate any unfulfilled portion of this Agreement and may pursue any legal or equitable remedies available to it subject to the provisions of Section 6 above. 7A. Upon the expiration or earlier termination of this Agreement, Customer and Seller shall immediately deliver to the other Party, as the disclosing Party, all Confidential Information of the other, including all copies thereof, which the other Party previously provided to it in furtherance of this Agreement. Confidential Information shall include: (a) proprietary materials and information regarding technical plans; (b) any and all other information, of whatever type and in whatever medium including data, developments, trade secrets and improvements, that is disclosed by Seller to Customer in connection with this Agreement; (c) all geographic information system, address, telephone, or like records and data provided by Customer to Seller in connection with this Agreement that is required by law to be held confidential. Section 8. GENERAL TERMS AND CONDITIONS 8.1. Notices required under this Agreement to be given by one party to the other must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service), or by facsimile with correct answerback received, and shall be effective upon receipt. Customer: St Lucie County Juvenile Assessment Center Seller: Motorola, Inc. Attn: Mark Godwin Attn: Contracts Administration Representative 1215 Bell Avenue 1250 North Tustin Avenue Ft Pierce, FL 34942 Anaheim, California 92807 Fax: 714-237-0050 8,2. Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such party's reasonable control. 8.3. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver to be effective, it must be in writing signed by the waiving party. An effective waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 8A. Customer may not assign any of its rights under this Agreement without Motorola's prior written consent. 8.5. This Agreement, including the exhibits, constitutes the entire agreement of the parties regarding the covered maintenance and support services and supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the services performed. Neither this Agreement nor the Exhibits may not be altered, amended, or modified except by a written agreement signed by M&SA. incl.exhibits 8.25.06 Contract No. Page 7 authorized representatives of both parties. Customer agrees to reference this Agreement on all purchase orders issued in furtherance of this Agreement. Neither party will be bound by any terms contained in Customer's purchase orders, acknowledgements, or other writings (even if attached to this Agreement). 8.6. This Agreement will be governed by the laws of the United States to the extent that they apply and otherwise by the laws of the State to which the Products are shipped if Licensee is a sovereign government entity, or the laws of the State of Illinois if Licensee is not a sovereign government entity. Section 9. CERTIFICATION DISCLAIMER Seller specifically disclaims all certifications regarding the manner in which Seller conducts its business or performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by an authorized signatory of Seller. Section 10. COMPLIANCE WITH APPLICABLE LAWS The Parties shall at all times comply with all applicable regulations, licenses and orders of their respective countries relating to or in any way affecting this Agreement and the performance by the Parties of this Agreement. Each Party, at its own expense, shall obtain any approval or permit required in the performance of its obligations. Neither Seller nor any of its employees is an agent or representative of Customer IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the day and year first written above. Seller: Motorola, Inc. BY~ )c-ff-kP ~ John M. Hiett Board of County Commission St. Lucie County, FL By: Name: Title: MCEI Vice President of Customer Support Title: Date: JA¡\! 4 2007 Date: M&SA, incLexhibits 8.25.06 Contract No. Page 8 Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT NO. SA 003340-000 CUSTOMER: $t.iLUI:;ÎødÞUñfy;JUvønii~''Â$$ø$sm(:Ù#i:ç~ntffÎ' The following table lists the Products under maintenance coverage: Product Description Node Name Qty Livescan 2000 SLLV21 1 Printer SLPR21 1 M&SA. Exhibit A Page 9 veL 8.25.06 MAINTENANCE AND SUPPORT AGREEMENT NO. SA 003340-000 Exhibit B SUPPORT PLAN This Support Plan is a Statement of Work that provides a description of the support to be performed. 1. Services Provided. The Services provided are based on the Severity Levels as defined herein. Each Severity Level defines the actions that will be taken by Seller for Response Time, Target Resolution Time, and Resolution Procedure for reported errors. Because of the urgency involved, Response Times for Severity Levels 1 and 2 are based upon voice contact by Customer, as opposed to written contact by facsimile or letter. Resolution Procedures are based upon Seller's procedures for Service as described below. elephone response Resolve within 24 ithin 1 hour of initial hours of initial oice notification notification 2 Resolve within 7 Standard Business Days of initial notification 1.1 Reportinq a Problem. Customer shall assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Seller's call intake center. Seller will notify the Customer if Seller makes any changes in Severity Level (up or down) of any Customer-reported problem. 1.2 Seller Response. Seller will use best efforts to provide Customer with a resolution within the appropriate Target Resolution Time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Seller diagnostics indicate that a Residual Error is present in the Software. Target Resolution Times may not apply if an error cannot be reproduced on a regular basis on either Seller's or Customer's Systems. Should Customer report an error that Seller cannot reproduce, Seller may enable a detail error capture/logging process to monitor the System. If Seller is unable to correct the reported Residual Error within the specified Target Resolution Time, Seller will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Seller, in its sole discretion, determine that such Residual Error is not present in its Release, Seller will verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is being used in a manner for which it was intended or designed, and (c) the Software is used only with approved hardware or software. The Target Resolution Time shall not commence until such time as the verification procedures are completed. 1.3 Error Correction Status Report. Seller will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. 2. Customer Responsibility. 2.1 Customer is responsible for running any installed anti-virus software. 2.2 Operatinq System ("OS") Upqrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should contact Seller to verify that a given OS upgrade is appropriate. 3. Seller Responsibility. M&SA, Exhibit B Page 10 veL 8.25.06 3.1 Anti-virus software. At Customer's request, Seller will make every reasonable effort to test and verify specific anti-virus, anti-worm, or anti-hacker patches against a replication of Customer's application. Seller will respond to any reported problem as an escalated support call. 3.2 Customer Notifications. Seller shall provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and firmware updates, as released and if applicable. 3.3 Account Reviews, Seller shall provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (c) service trend analysis. 3.4 Remote Installation. At Customer's request, Seller will provide remote installation advice or assistance for Updates. 3.5 Software Release Compatibility. At Customer's request, Seller will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Seller's Software Supplemental or Standard Releases 3.6 On-Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be inyestigated and corrected from Seller's facilities. Seller shall decide whether on-site correction of any Residual Error is required and will take appropriate action. 4. Compliance to Local. County. State and/or Federal Mandated ChanQes. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to IBR, UCR, ECARS, NCIC and state interfaces are not part of the covered Services. (The below listed terms are applicable onlv when the Maintenance and Support Agreement includes (a) Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance.) 5. On-site Product Technical Support Services. Seller shall furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. 5.1 Seller Response. Seller will provide telephone and on-site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet. 5.2 At Customer's request, Seller shall provide continuous effort to repair a reported problem beyond the PPM. Provided Customer gives Seller access to the Equipment before the end of the PPM, Seller shall extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional on-site labor support shall be invoiced on a time and material basis at Seller's then current rates for professional services. M&SA. Exhibit B Page 11 ver. 8.25.06 Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement # SA # 003340-000 Date New Term Effective Start January 1, 2007 End CUSTOMER: St. Lucie County BILLING AGENCY: Address (1): Juvenile Assessment Center Address (1): Address (2): 1215 Bell Avenue Address (2): CITY, STATE, ZIP CODE: Ft. Pierce, FL 34942 CITY, STATE, ZIP CODE: CONTACT NAME: Mark Godwin CONTACT NAME: CONTACT TITLE Project Manager CONTACT TITLE TELEPHONE: 772.462.1418 TELEPHONE: FAX: FAX: Email: markalã>stlucieco,qov Email: For support on products below, please contact Customer Support at (800) 734-6241 or email atcscenter@motorola.com. o AFIS System 0 DeskScanTM Station 0 LiveScan™ Station 0 OmnitrakTM System 0 Mugshot InstantlmageTM 0 Imagetrak™ December 5, 2006 December 31, 2007 STANDARD SUPPORT SUPPORT OPTIONS ANNUAL FEE ANNUAL FEE ~ Advantage - Software Support $ 6,880.00 ~ Hardware Support $ 1,309.50 · 8 a.m. - 5 p.m. Monday to Friday PPM · 8 a.m. - 5 p.m. Monday-Friday PPM · Unlimited Telephone Support · Next day PPM On-site Response · Remote Dial-In Analysis · Product Repair · Supplemental Releases & Updates · Defective Parts Replacement · Standard Releases & Updates · Escalation Support · Automatic Call Escalation · Hardware Vendor Liaison · Access to Motorola ISO Support Website · Equipment Inventory Detail Management · Software Customer Alert Bulletins · Hardware SeNice Reporting · Telephone Response: 2 Hour · Hardware Customer Alert Bulletins UPLIFTS ~ Increase PPM to 24 x 7 $ 3,598.00 ~ Parts Support- "Best effort basis" $ 1,309.50 · Parts Ordered & Shipped Next Business Day 0 Increase Response Time to $ · Parts Customer Alert Bulletins · If customer is providing their own on-site hardware support, the following applies: * Customer Orders & Replaces Parts * Telephone Technical Support for Parts Replacement Available I I SOF~ARESUPPORTTOTAL $ 10,478.00 HARDWARE SUPPORT TOTAL $ 2,619.00 OTHER AVAILABLE OPTIONS o Users Conference Attendance ($2,650 per Attendee) Year · Registration fee · Roundtrip travel for event (booked by Motorola) · Hotel accommodations (booked by Motorola) · Rental car (booked by Motorola) · Daily meal allowance (determined by Motorola guidelines) o Consulting SeNices - 8 Hour Blocks (plus travel fees) o LiveScan 3000 Prism Protection $1,500 uniVyear - Covers labor and material fee for replacement of one (1) prism per year o Other: Number Attendees Requested ANNUAL FEE $ $ $ $ OTHER OPTIONS TOTAL $ Prepared by: Cathy Ortega, (714) 632-2137, cortega@motorola.com FULL TERM FEE GRAND TOTAL * $ 13.097.00 . Exclusive of taxes if applicable M&SA, Exhibit C Page 12 ver. 8.25.06 Exhibit D CURRENT BILLABLE RATES MAINTENANCE AND SUPPORT AGREEMENT NO. 003340-000 CUSTOMER: St Lucie County- JAC The following are Seller's current billable rates, subject to an annual change. 8 a.m.-5 p.m. M-F (local time) After 5 p.m., Saturday, Sunday, Seller Holidays BILLABLE RATES (Outside the scope of a current Maintenance and Support Agreement) I I $160 per hour, 2 hours minimum $240 per hour, 2 hours minimum COVERAGE HOURS (PPM) 8 a.m.-5 p.m. M-F (local time) After 5 p.m., Saturday, Sunday, Seller Holidays $320 per hour, 2 hours minimum $480 per hour, 2 hours minimum M&SA, Exhibit D Page 13 veL 08.25.06 - ~/ AGENDA REQUEST ITEM NO. C2E DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: See CA No. 07-0023 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou a . Anderson County Administrator COMMISSION ACTION: {}/' Review and Approvals [X] Co""" AttO,""'~ [ ] ","",m,,' . ",dg'" [ ) Road & Bridge.: [ ) Parks & Recreation Director [ ]Purchasing: [ ) Solid Waste Mgr [ )Finance:(check for copy oniy, if applicable) Effective S/96 .... -, 1 INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-0023 DATE: January 9, 2007 SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of several property owners to repair their embankments causing severe erosion to the embankment and undermining Indian River Drive in several locations. Resolution No. 00-277 authorizes the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. On November 21, 2006, the Board approved a Declaration of Emergency on Indian River Drive. Since November 21, 2006, the Board has approved extensions of the State of Emergency. It is necessary to extend that state of emergency again. Attached is an extension of the Declaration of Local Emergency for Indian River Drive. RECOMMENDATION/CONCLUSION: Staff recommends the that Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. Respectfully submitted, He ther Sperrazza Luek Assistant County Attorney HL/ ... AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE ST ATE OF LOCAL EMERGENCY ( Indian River Drive) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The Public Safety Director declared a state of emergency on November 21, 2006, at 9:00 am on Indian River Drive. 3. Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of the several property owners to repair their embankments, causing severe erosion to the embankment and undermining Indian River Drive in several locations. 4. The presence of this severe erosion and undermining of Indian River Drive has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Such declaration is extended for seven (7) days until January 16, 2007 at 9:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 7. This Extension of the Declaration of Emergency shall become effective January 9,2007 at 9:00 a.m. Jack T. Southard Public Safety Director \v''' AGENDA REQUEST ITEM No.dr:: DATE: January 9,2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: St. Lucie County Utilities - Sixth Amendment with Severn Trent Environmental Services, Inc. BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Sixth Amendment and authorize the Chairman to sign the Amendment. ~) APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Do glas Anderson County Administrator County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Utilities Director: 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.: 07-12 DATE: January 3, 2007 SUBJECT: St. Lucie County Utilities - Sixth Amendment with Severn Trent Environmental Services, Inc. ...AAAAAAAAA~********************.AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA** BACKGROUND: In December of 1998, the County entered into an agreement with Severn Trent Environmental services, Inc. ("ST") to operate, maintain and manage the County's water, wastewater and reclaimed water facilities. This agreement expired on December 31, 2006. The County recently advertised a Request for Proposals (RFP #06-088) for firms interested in providing operation, maintenance and management services to the County's Uti lity System. As a result of the RFP, the County selected ST as the top ranked firm and authorized staff to negotiate a contract with ST. Attached to this memorandum is a copy of a proposed Sixth Amendment to the December 23, 1998 Agreement to provide for a two (2) month extension of the existing contract until February 28, 2007 to allow time to negotiate the new agreement with ST. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Sixth Amendment and authorize the Chairman to sign the Amendment. Daniel S. McIntyre County Attorney! '-- DSM/caf Attachment .. SIXTH AMENDMENT TO AGREEMENT FOR OPERATION, MAINTENANCE, AND MANAGEMENT SERVICES FOR ST. LUCIE COUNTY WATER, WASTEWATER, AND RECLAIMED WATER FACILITIES THIS SIXTH AMENDMENT is made this day of ,2007, by and between S1. Lucie County, Florida, a political subdivision of the State of Florida (the "County") and Severn Trent Environmental Services, Inc ("Contractor"). WIT N ESE T H: WHEREAS, on December 23, 1998, the parties entered into an Agreement for Operation, Maintenance, and Management for S1. Lucie County Water, Wastewater, and Reclaimed Water Facilities (the "Utility Management Agreement") whereby the Contractor agreed to operate, maintain and manage the County's Wastewater Treatment, Reclaimed Water & Potable Water Systems); and WHEREAS, on May 18, 1999, the parties entered into a First Amendment wherein the parties agreed that the Contractor shall also operate, maintain and manage the Holiday Pines Facility for an additional fee under the terms of the Utility Management Agreement effective upon the acquisition of the Holiday Pines Facility by the County; and, WHEREAS, on February 15, 2000, the parties entered into a Second Amendment wherein the Contractor merged with Severn Trent Environmental Services, Inc. to form Severn Trent-Avatar Utility Services, LLC; and, WHEREAS, on December 5, 2000, the parties entered into a Third Amendment to clarify Part III of "Request for Proposals - Comprehensive Contract Operation and Maintenance Services for Water, Wastewater, and Reclaimed Water Systems" (RFP #98-73) that the Contractor's rates are adjusted on an annual basis in an amount equal to the annual increase in the Domestic Product Implicit Price Deflator Index; and, WHEREAS, on October 8, 2002, the parties entered into a Fourth Amendment wherein the contractor assume responsibility for disposal of sludge at an out-of-county location in accordance with applicable rules and regulations of agencies responsible for such disposal. WHEREAS, on June 1, 2004 the parties entered into a Fifth Amendment to provide for expanded services to maintain the level of service associated with water distribution and wastewater collection activities. WHEREAS, the current Agreement as amended is scheduled to terminate on December 31, 2006 and the County and Severn Trent desire to continue this agreement to allow time for the negotiations of a new agreement based on Severn Trent's response to the County's RFP #06-088, Comprehensive Contract Operation and Maintenance Services for Water, Wastewater and Reclaimed Water Systems. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Utility Management Agreement as follows: G:\ATTY\AGREEMNT\SEVERN TRENT-4A -1- .. 1. Add Paragraph 4.1(a) to the Agreement to read as follows: 4.1 (a) This agreement shall be extended for an additional two month period from January 1,2007, until February 28,2007 2. Effective January 1, 2007, Exhibit "0" to the Utility Maintenance Agreement is hereby amended by replacing current Exhibit 0-2 with "Exhibit 0-3" and Exhibit "C" is hereby amended by replacing current Exhibit C with Exhibit C-1 which are attached hereto and made a part hereof and shall serve as the basis of the Contractor's compensation for this two month extension. ha::ti:rl, any single maintenance and repair item purchased by the contractor that is $4,000 or less will be considered a repair and maintenance cost which will go towards the annual maintenance and repair limit. 3. This Sixth Amendment shall be effective as of December 31, 2006. 4. Except as expressly amended herein, all of the remaining terms and conditions of the Utility Management Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SEVERN TRENT ENIRONMENT AL SERVICES, INC. BY: Edward Goscicki Vice President G:\ATTY\AGREEMNT\SEVERN TRENT-4A -2- · EXHIBIT D-3 Amended Fee Schedule Chemicals I I I l c~~~~ I I No. Hutchínson I So. Hutchínson ! Utility I -I ~;;;, 153t'~~~I-,--~!P.;;951- £~~~l;_;~:~~2- ~~~~WO$~~~~ -$~¡~~9--'--$~ ~~~~,995l i ' i $27,008 $29,089 I $0 $3,669 $2,142 $52,654 $114,562 ~~~~_í£!ì~~___ Personnel ......h...·...·.. ..........................--........................ ..... ......_............. " ...- ........... ............................~..... ............................................ ..,... Lab Testing $25,534 $31,491 $0 $5,542 $5,488 $8,345 $76,400 .........-.-.-..-....---.--.. ...-..--.---.-......-.- .--.....-.--.------- ..--...-....-..-..--. .--..........---........................ T ravellT rain ing $2,669 $2,549 31 54 $59 $1,528 $6,890 Material Supplies $2,862 $2,889 $0 $0 $0 $2,863 $8,614 -- Contractual $3,259 $4,806 $0 $1,386 $0 $3,480 $12,931 --.........---......................................... ---f--.-,.._-_. ..-.........---....---.......- Groundskeepingl $867 $876 $0 $4,157 $4,400 $289 $10,589 Landscaping I J I Total Annual $454,352 $438,567 $9,982 $30,530 $29,392 $344,158 $1,306,981 I Base Fee -_._----- Sludge Removal* $49,320 $53,280 $0 $2,520 $12,600 $33,000 $150,720 .................... ............... ...........-.-....... ............... .......................... ................. ....~_.............. . ... ..-..............................-...-.....-........ .......................-.........-..-... .-... .....~_....._...._._........._..._..... Annual Repair & $25,000 $50,000 $5,000 $2,500 $2,500 $25,000 $110,000 Maintenance Cap* i I i I Sewer Vacuum I $5,000 I $5,000 $1,000 $0 $2,000 $3,000 $16,000 Truck (Allowance)* I i l .......... .. ..........-................... ......................¡........ . ..................... ...................... ..-..........-.-............- ............ .......... ...-....-.-..--........... ..-........ Other I $0 $0 I -C~~T;;j;tï53~--;546M7[$15~982] - ................-....-...........-. ..............-........-.--.-....--......-..... .~.._._._..........__.......-..- ..-............-. .............-.......... ........ $0 $0 $0 i3~--«-=$46:492r405, 158--[ $0 ..... '::..":'"..::::=:-.::==,,=,,=m $1,583,701 ç:\P'QÇWM!:.:::J\PªJJJY!\!"Qç,A.,!,,$::::J\IeD1P\$IGth$.bçWªme.ng.mentl:Q7,Ç!ºÇH:\MÍ5Ç-\s:r-6tf1.-aR~BAd-ffieftt·4..g7·:d(H:' Exhibit C-1 Labor & Equipment cost Labor Classification Regular Rate overtime Rate unskilled Laborer $60/hour $90/hour Plant operator (Class B) $70/hour $105/hour Plant operator (Class C) $65/hour $97.50/hour Skilled Maintenance $65/hour $97.50/hour Electrician $70/hour $105/hour Controls Technician $75/hour $112.50/hour Equipment Type Regular Rate Backhoe with operator $125/hour Loader with operator $125/hour Track-hoe with operator $175/hour Dump Truck with operator $100/hour utility vehicle with operator $65/hour Flat Bed Truck with operator $85/hour portable pump (4" trash) $35/hour Generator (35-45 kw) $40/hour Vactor Truck with One operator $225/hour TV Truck with operator $200/hour TV/Cleaning (min 2,000' emergency) $200/hour * NOTE: These values will be reviewed annually in conjunction with the county after the presentation of the annual report. ç:\PQÇVM!:;::J\PiInM\lQÇAlS:::J\IenlP\$IßJhSlçvªme.ngmenL1=Q7,,º9ÇH:\Mí5€\ST-6-t:R-antenBHtefft·4·-GHi8€ - ;''''' AGENDA REOUEST ITEM NO. C3 DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: St. Lucie County Sheriff's Office Toby Long Director of Finance SUBJECT: Draw Request - January 2007 BACKGROUND: The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $9,872,262.00. Double Draw (1st draw total = $4,936,131.00) (2nd draw total = $4,936,131.00). See attached memos. FUNDS ARE AVAILABLE IN: General Fund & Fine Forfeiture. 001-8191-599043-800 107-711-599040-6000 107-8191-599042-800 107-8191-599043-800 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff double draw request for January 2007 in the amount of $9,872,262.00. (1st draw total = $4,936,131.00) (2nd draw total = $4,936,131.00) [)(.l APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 o la erson County Administrator COMMISSION ACTION: Review a nd A County Attorney: ;~ ¥ DJ~h ( Originating Dept. Purchasing: Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '\, " J'I.' ,;I.' ~\ r)oL:,~ _ - /';I-~) P''''~= _ ~ i~-z:::fs" LUC,l'" '~''F'A ~__ ;(1f,:~ ,,' l ~'~,' ~'f",\ 'f 'f t .r*~"\ !~-~4,. (,~</r--1_...\, ~betíff KEN J. MASCARA Telephone: (772) 462-3200 · Fax: (772) 489-5851 4700 West Midway Road · Fort Pierce, Florida 34981 December 13, 2006 The Honorable Chris Craft, Chair St. Lucie Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Chairman Craft: Attached is our double draw request per Florida Statute 30.50 (1) for the month of January 2007. Thank you in advance for your assistance. Please call our Comptroller, Lee Tinker at 462-3290 if you have any questions. ds Attachment .. "ER/¡:- " ;:. . §> 4rriff KEN J. MASCARA . ~& C IE >- ¡.", ,~~ cO Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 . Fax: (772) 489-5851 4700 West Midway Road, Fort Pierce, Florida 34981 II! ;. TO: BOARD OF COUNTY COMMISSIONERS DATE: 12/13/06 MONTH OF January 2007 DRAW REQUEST Gentlemen/Ladies: In compliance with the provisions of Chapter 30.50, Florida Statutes I hereby request funds for operations as shown below. By: CODE ITEM TOTAL BUDGET PREVIOUSLY THIS TOTAL RECEIVED REQUISITION REQUISITION 12THS 16 JUDICIAL TOTAL 3,083,263.00 770,817.00 256,939.00 1,027,756.00 4/12 21 LAW ENFORCEMENT TOTAL 30,733,033.00 7,683,258.00 2,561,086.00 10,244,344.004/12 23 CORRECTIONS TOTAL 25,417 ,270.00 6,354,318.00 2,118,106.00 8,472,424.004/12 TOT, BUDGETIREQUEST 59,233,566.00 14,808,393.00 4,936,131.00 19.744,524.004/12 ~l1eriff KEN J. MASCARA . . ~l/ C I E >- ¡..,., ''>< cO Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 · Fax: (772) 489-5851 4700 West Midway Road, Fort Pierce, Florida 34981 rJ "" TO: BOARD OF COUNTY COMMISSIONERS DATE: 12/13/06 MONTH OF January 2007 DRAW REQUEST Gentlemen/Ladies: In compliance with the provisions of Chapter 30.50, Florida Statutes I hereby request funds for operations as shown below. This is for the double draw reauest for January 2007 aaenda item C3 01/09/06. By: CODE ITEM TOTAL BUDGET PREVIOUSLY THIS TOTAL RECEIVED REQUISITION REQUISITION 12THS 16 JUDICIAL TOTAL 3,083,263.00 1,027,756.00 256,939.00 1,284,695.00 5/12 21 LAW ENFORCEMENT TOTAL 30,733,033.00 10,244,344.00 2,561,086.00 12,805,430.005/12 23 CORRECTIONS TOTAL 25,417,270.00 8,472,424.00 2,118,106.00 10,590,530.00 5/12 TOT. BUDGETIREQUEST 59,233,566.00 19,744,524.00 4,936,131.00 24,680,655.00 5/12 .. "....-....--.--. AGENDA REQ..UEST ITEM NO. C-4 DATE: January 9,2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMlnED BY (DEPTI: Agricultural Extension SUBJECT: First amendment to Interlocal Agreement dated April 17, 2004 between Martin County, St. Lucie County, The City of Stuart, and the University of Florida Institute of Food and Agricultural Sciences, Florida Cooperative Extension Service BACKGROUND: This item was executed as an Interlocal Agreement for implementation of the Florida Yards and Neighborhoods Program. FUNDS AVAILABLE: 102001-3715-534000-42512 PREVIOUS ACTION: Approved by the Board of County Commissioners on April 20, 2004. RECOMMENDATION: Staff recommends approval of this first amendment to the Interlocal Agreement dated April 17, 2004 between Martin County, St. Lucie County, The City of Stuart, and the University of Florida Institute of Food and Agricultural Sciences, and the Florida Cooperative Extension Service. COMMISSION ACTION: )µPPROVED [] DENIED [] OTHER: Approved 5-0 Douglas M. Anderson County Administrator Review and AD~IS ' County Attorney: .' Management & Budget~ M. lliM'--o Originating Dept: _ Other: --r;-- . ( Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: _ Effective: 5/96 FIRST AMENDMENT TO INTERLOCAL AGREEMENT DATED APRIL 27, 2004 BETWEEN MARTIN COUNTY, ST. LUCIE COUNTY, THE CITY OF STUART, AND THE UNIVERSITY OF FLORIDA INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES, FLORIDA COOPERATIVE EXTENSION SERVICE THIS FIRST AMENDMENT to an Interlocal Agreement is made and entered into this _ day of , 2006 (effective date) by and between Martin County Board of County Commissioners, a political subdivision of the State of Florida, 2401 SE Monterey Road, Stuart, Florida 34996 ("Martin County"), S1. Lucie County Board of County Commissioners, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("S1. Lucie County"), the City of Stuart, a municipal corporation of the State of Florida, 121 SW Flagler Avenue, Stuart, Florida 34991 (the "City"); Martin County, S1. Lucie County and the City are collectively referred to as "Local Parties" and University of Florida Institute of Food and Agricultural Sciences, Florida Cooperative Extension Service ("Extension"). WIT N E SSE T H: WHEREAS, Martin County, St. Lucie County, the City of Stuart and Extension entered into an Interlocal Agreement on April 27, 2004 to establish the responsibilities and relationships that exist among the parties for support of the Florida Yards and Neighborhoods Program; and WHEREAS, the parties would like to amend portions of the Interlocal to clarify certain policies, annual funding and renewal procedures of the Interlocal. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby are to amend their Interlocal Agreement as follows: A. Section II FYN OFFICE AND EMPLOYEE POLICIES Paragraph 2.2 is hereby amended to include the following language: 2.2 The policies established by the Extension in administering leave, including annual, sick, civil, and military leave, and regarding payment of unused annual and sick leave upon separation, shall apply. Payments of unused leave shall be shared based on the respective proportionate amount of the faculty and/or staff member's total salary by the Extension and the Local Parties. If necessary, a "Leave Cash-Out Invoice" will be prepared in addition to normal quarterly invoices in order to reimburse the Extension for the Local Parties' portion of leave payments. FYN Extension Faculty will not be classified under a County classification system and shall at all times be Agents of the Extension, subject to all personnel rules, policies and classifications provisions of the Extension, Section III AGREE EXTENSION AND THE LOCAL PARTIES MUTUALLY B. Paragraph 3.2 is hereby amended in its entirety and replaced with the following: Extension shall annually submit a proposed budget utilizing the format contained in Exhibit "B" setting forth the proposed salaries and fringe benefits for the FYN programs. The Extension agrees to submit such proposed budget to each of the Local Parties no later than March 1 of the year prior to the next fiscal year. The Local Parties agree to review such budget and to approve, modify or reject such budget, at the sole option of the Local Parties, no later than August 1 prior to the start of the new fiscal year. In the event of a dispute concerning the proposed budget, the parties agree to follow the provisions of Section V herein. Paragraph 3.3 is hereby amended in its entirety and replaced with the following: 3.3 The Extension will not include Facilities or Administrative Costs in its proposed budget. Paragraph 3.6 is hereby amended to include the following: Any unused funds in excess of total expenditures for the fiscal year ending September 30 will be returned to the Local Parties in the form of a check no later than November lOth. C. This First Amendment shall be effective upon its respective approval by the parties, execution by their authorized representatives and filing with the Clerk of the Circuit Court for Martin County and the Clerk of the Circuit Court for St. Lucie County. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed the day, month and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Susan L. Valliere, Chairman Marsha Ewing, Clerk APPROVED AS TO FORM AND CORRECTNESS: Stephen Fry, County Attorney 2 ATTEST: CITY OF STUART, FLORIDA Cheryl White, City Clerk Carol Waxler, Mayor APPROVED AS TO FORM AND CORRECTNESS: Paul Nicoletti, City Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Edwin M. Fry, Jr. Clerk of the Circuit Court Chris Craft, Chairman APPROVED AS TO FORM AND CORRECTNESS: Daniel McIntyre, County Attorney WITNESSES: UNIVERSITY OF FLORIDA INSTITUTE OF FOOD AND AGRICULTURAL SCIENCE Dean, Cooperative Extension Service District Extension Director Cooperative Extension Service 3 AGENDA REQUEST ITEM NO: C-5a DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: First Amendment to Edlund Dritenbas Work Authorization #10 (C05-05-248) lIous Ellis Basketball Canopy BACKGROUND: The County is currently contracted with Edlund Dritenbas to provide the architectual services for the lIous Ellis basketball canopy project. Staff is requesting that the Board of County Commissioners approve the First Amendment to Work Authorization 10 in the amount of $13,200 that will allow Edlund Dritenbas to provide staff requested additional services which includes services for all surveying, site plan submittals, attendance at agency reviews and Civil Engineering drainage design and permitting. PREVIOUS ACTION: N/A FUNDS Will BE MADE AVAilABLE: 310002-7210-562005-75008 (Park "A" Impact Fee- Architectural/Engineering Services) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the First Amendment to Work Authorization #10 (C05-05-248) in the amount of $13,200 that will allow Edlund Dritenabas to provide staff requested additional services for the lIous Ellis Basketball Canopy Project. [)G. APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED CE: COMMISSION ACTION: Doug An erson County Administrator County Attorney: Originating Dept: Q, / ' . d ~/ '" ¿:-' ---., ; ,} / Coord ination/Siqnatu res Mgt & Budget: ~ VYt~(\AŒ~ Purchasing: Public Works: Other: Finance: (Check for Copy only, if applicable) Linda Barton - 80CCbasketball.doc - i" -~~... .~~.~..~_.._--~-~_....._-- "~. -- r-d~t:: I ¡ . \ _:r:;,"""''''''",''0;~'''''''',','';''~''i'''i';'''"""',."..,';".,;.,.., .~~~. ~.., ]': ' =",:. ' . .. . -.. -', Parks and Recreation Department Memorandum To: Board of County Commissioners Linda Barton, Assistant Director ~. From: Subject: Approval of Agenda Item #C-5 Date: 12/18/2006 The County is currently contracted with Edlund Dritenbas to provide the architectural services for the Ilous Ellis basketball canopy project. Staff is requesting that the Board of County Commissioners approve the first Amendment to Work Authorization #10 in the amount of $13,200 that will allow Edlund Dritenbas to provide staff requested additional services which includes services for all surveying, site plan submittals, attendance at agency reviews and Civil Engineering drainage design and permitting. LB: em Attachment cc: D, Anderson, County Administrator R. Wazny, Assistant County Administrator Chron file LlNE-TO-LlNE TRANSFER REQUEST DEPARTMENT: Parks and Recreation - Open Space DATE: 12/19/2006 ACCOUNT OMB ACCOUNT NUMBER ACCOUNT NAME AMOUNT BALANCE VERIFY TO: 310002-7210-562005-75008 Blda-Consulting Engineers $13,200.00 $0 $13,200.00 FROM: 310002-7210-562000-75008 Buildinas $13,200.00 $468,236 $13,200.00 REASON FOR TRANSFER: For increase in EDB WA#10 for Open Space Basketball Canopy Proiect. , CONTACT PERSON: Elaine M, Messier, Admin. Support "oord. ~ PHONE #: 1524 DEPARTMENTAL APPROVAL: Linda Barton, Assistant Director t1 ^" I¡~' " OMB APPROVAL: ¡L-:W ! ADMINISTRATION APPROVAL: , OMS NOTES: $26,400 M,~.r" i'~ ", ..~- .~.~"':":"'::'~:....._"-....,,j ,--.. ..,.'...., , . j I:; ~- ~"'\I" I I A t INPUT DATE: INPUT tH: LlNE-TO-LlNE TRANSFER #: DOCUMENT #: FIRST AMENDMENT TO WORK AUTHORIZATION NO.j,Q Architectural Services C05-05-248 St. Lucie County Parks & Recreation Department Open Space Park Basketball Court Canopy Pursuant to that certain Agreement Between County and Architect for Continuing Professional Architectural Services (the "Agreement") between St. Lucie County (the "County") and Edlund, Dritenbas, Binkley Architects and Associates, P.A., (the "Architect") dated May 10, 2005, hereby agrees to provide professional architectural services under the terms and conditions set forth in the proposal, attached hereto and made a part hereof as Exhibit "A". IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of , 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY EDLUND, DRITENBAS, BINKLEY, ARCHITECTS AND ASSOCIATES, P.A. BY: WITNESSES: Print Name: Title: EDLUND· DRITENBAS . BINKLEY ARCHITECTS AND ASSOCIATES, P.A. ~ Members of the American Institute of Architects AR#AACOOO886 13 December 2006 To: Mr. Mark DiMascio SLCRD 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: I. Louis Ellis Basketball Canopy Subject: Request for First Amendment Contract #C05-05-248 and Purchase Order No. P2612700 for expanded Architectural Services on the above Project Architect's Comm.#050406VB Dear Mr. DiMascio, We are herewith submitting our "Request for an Agreement Amendment" to our current agreement dated 29 May 2006, for the above referenced project. PURPOSE: The purpose of this request for ammendment is for Owner requested additional services. SCOPE: The Owner has requested that EDB Architects provide the services for all surveying, site plan submittals, attendance at agency reviews, and Civil Engineering drainage design and permitting, in lieu of this portion of the work being performed by the Owner per Article "B" of our agreement. Reimbursable Expenses incurred by the Civil Engineer, in contract with EDB Architects, are also being requested. Please refer to the December 6, 2006 proposal from Carter Associates attached for your records. The total fees for the above additional services, including reimbursable expenses and our 1.10 multiplier equals $13,200.00. Application and permit fees are not included in our original agreement and are not being requested in this amendment. When determined, the Owner shall be remain responsible for payment of these fees. The additional $13,200.00 plus $2,610.00 ofEDB reimbursables itemized in our original 29 May 2006 Agreement shall be added into the Working Drawings Phase. Please find revised pages 2 and 3 of our original 29 May 2006 Agreement for your reVIew. Page 1 of2 65 Royal Palm Pointe, Suite 0, Vera Beach, FL 32960 Vera Beach 772/569-4320 Oeerfield Beech 954/429-0995 Fax 772/569-9208 Fax 954/421-8269 FEES FOR SERVICES: Our fees for the expanded services shall increase from $32,464.00 to $45,664.00. SCHEDULE FOR CONSIDERATION: See Article E revised Schedule for Completion dated 13 December 2006. Mark, please call me should you have any questions and notify us when this Amendment to our Agreement is approved. Thank you. Paul U. Dritenbas, Architect A.LA. Page 2 of2 xc: Mr. Dan McIntyre, S.L.e. Attorney C:050406VB. wpdJpaul CARTER ASSOCIATES, L~C. CO:'\SL'LTI~G ENGI:-\EEHS A\O LAND Sl 'Ii\ l::Y'U!{S 170X 21s1 SrHLEJ \ 1'.1\0111'\<:11. 1'1' (I ) \ .1..:·"...·.:.7..' 772-,'h2--I· I q I 7;·2-..t;2-ïl~() ¡F'\\I \\\1:\1:'-\ (\I-:lLI; l's\1 I>/; \.'- /. Li.¡ r¡ ilL I'L .". '.' Decemher 6, 2006 "'iI'- It. IHI\I. I'/; II-:.\:'\I~ ~~, t ,It(1 t\L.""¡"_, P,,_\¡ ¡I,\\!!' L ¡ II· !¡u!.. "." \1 f.. ~l-, \~: _\H\a ïHL. P!: t;(.¢'¡}(,( ~l\'t_)~-.~. I"r.. SfL\T S"·'.)!)J.;\CLH. !'i l'\n:lC!, S. \\ lilltlH ',L Mr. Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates, P.A. 65 Royal Palm Blvd. Vero Beach, FL 32960 Re: I. Louis Ellis Park - Basketball Canopy C!ty ~f F~rt ~!eJ'l.~e - St. l.ucie County Engineering and Surveying Services CAI Project # 06-84e Dear Paul: We are pleased to present this proposal for engineering and surveying services relative to site planning and design and pennitting of paving and drainage improvements at the proposed I. Louis Ellis Park Basketball Canopy in Fort Pierce. The following describes our proposed scope of work and tenns of agreement between Carter Associates, Inc. (CAI) and Edlund, Dritenbas, Binkley Architects and Associates, P.A. (Architect): Ì) · Survey Services (NOT IA)cLuÞe:iI) I~ à~ A6~ p6lè- A/eìlCf.7ëØ l' f> II.) CAI will perfonn a specific purpose survey to include locations of adjacent existing buildings, parking lots, sidewalks, basketball courts, cross-sections, and spot elevations of sufficient detail for design of grading and drainage improvements for the proposed basketball park canopy and parking lot modifications. Off site cross-sections of A venue M will be surveyed at specified intervals for the design of the driveway and sidewalk locations. $ 4,000.00 3· Site Plan Submittal (Nor tNC(,\JÞEQj IAJ a6 A.&~ ~ 41€-ì1 c.lE: er B n. ) CAI will prepare applications and submittal documents for site plan approval. CAI will attend development review meetings with City of Fort Pierce (COFP) departments. CAI will re-submit site plan addressing COFP review comments and attend Planning & Zoning and/or City Council Board Meetings for site plan approval. $ 3,500.00 N '\JH BIPR OPOSAL IILoUlsEilis-BaskelbaIlCanopy.doc Page 1 CL-\I: ;' !i ©2006 by CAI , . ~) Civil Drainage Design & Permitting (Nor Il\Jdut::a) JJ.j a:>-e. $) 4,000.00 AQ~fïr1VT ~~ A Rncl/: ~B " CAI will prepare paving, grading and drainage design, drawings, details and specifications including design of required stonnwater management retention improvements. A stonnwater report with flood routing analysis will be prepared and will conform to South Florida Water Management District (SFWMD) and COFP stonnwater pennit requirements. CAI will coordinate with these agencies through the pennitting process. In addition, CAI will provide inspection services of the paving and stonnwater improvements during construction and will provide as-built surveys and certifications upon completion of construction. . v . Reimbursable Expenses (JJðl /~cL\Jt)l:il) l~ E:Þ1!» A6'REEJI#I~ $ 500.00 ~It. cIVIL. ~}~) p~ A~ì1~'\ DU.") Reimbursable expenses include such items as postage, long distance calls, mileage, fax trs.lls11Ütta.1;;, blu\.':pririts, -ie11uIT;, etc. Engineering and surveying fees for the above described services are $ 12,000.00, inclusive of all reimbursable expenses. ~ -- ENGINEERING ASSUMPTIONS: In developing this proposal, CAI represents to the Architect that the following assumptions have been made and that deviation from these assumptions may require additional expenditures on behalf of the Architect to CAI. 1. This proposal specifically excludes all application and/or impact fees, which shall be the responsibility ofthe~ (¡.J1Ifr It..! e1::>ð A6i~"'..,.'T") ~ 2. Survey shall be based upon Owner provided legal description. No abstracts for potential ownership conflicts are included in this scope. /I1AKK /~ ~~AJ5 ð,() TY//S' ~ 3. It is assumed the Architect will submit prepare landscape plan confonning to the local pennitting agencies for approval. N0#Je: R..ee:Qolesb . 4. There are no wetlands or environmentally sensitive areas that will be aftècted by the proposed improvements. ÂC,ICA)(9W~6iD- 1 5. It is assumed soil testing will be provided by the Architect, ifneeded. (INcLl)/)aJ ¡¡J ARatJ~ . A~¡Ra=:m~T I .4/'<.ì1cli?"r/~. 6. Specifications for site work shall be provided to the Architect in CAI's fonnat. ()tC.- GENERAL N:\J H BIPR OPOSAL II LouisE II ís-Basketbal/Canopy ,doc Page 2 ©2006 by CAI C¿·\I:, : CAI will bill the Architect monthly on a time and materials basis, per the attached Hourly Rate Schedule, not to exceed the estimated amount of $ 12,000.00, inclusive of all costs. If additional services are required outside this scope, then separate authorization will be required. If you have any questions regarding our proposed scope of work or terms of agreement, please call me at your convenience. Our receipt of a signed copy of this agreement will serve as our notice to proceed. Sincerely, Agreed to and Accepted by: ~~ - au! Dritenbas, A.LA Date 1/ /)ø"Þ CARTER ASSOCIATES, INe. H. Blum, P.E. p ~ ect Manager Attachment (Hourly Rate Schedule) II /)Ë:C~...b --. I AJoT~ 7'f::) ,#1A1eK. l>ib/,(s-C!/o e J"LCÆ.D ( M~ A n?c.t)/F/ð4no~ /7::? 6JU£. A¿¡;Æ~r 73A?. /791J5 :pÞ// 2/ ~ cf"'; tuft¿. ÞE;;:- ÆErPU/~ / ?LJ.1 5 ð(,)~ I/O nu/C ~¿/éit!. . Øï2, e~ X /./0 - 113/~ · ~ Jj() n:: : ~ AAI AbJ>/po..oAL H/OLJIF/~""77()"J W/tl ßé= ~tl/Æðð ~.()/;{)6 A- 1Ø1tI'I/#~ t#FAa. 7#~ FJIf),¢L psem/ TT7"v6; d #/?V t!'A 77oAJ,z:-êE15 W,///c)/- ~ t/"(/A:'~A/ AT ~/S; 7;/M-E? Þ N:\JHBIPR OPOSAL IILouisEllis-BasketbaIlCanopy.doc Page 3 ©2006 by CAI C "I"'" ..J'..[~ .....~I!: .~' ) 1"\ . . CARTER ASSOCIATES. INC. DECEMBER. 2006 RATE SCHEDULE Engineer I (Principal) Engineer I (Registered) Engineer II (Registered) Engineer III - EIT Engineer Technician (Senior) Surveyor I (Principal) Surveyor I (Registered) Surveyor II (Registered) Survey Crew (4 Men) Survey Crew (3 Men) Survey Crew (2 Men) GPS RTK Survey Crew (3 Men) GPS RTK Survey Crew (2 Men) CADD Technician I CADD Technician II Secretary/W ord Processor Inspector Recording and Pennit Fees Materials Travel Sub-consultants Reimbursable Expenses: Postage, Long Distance Calls, Federal Express, etc. Blueprints Mylar Photocopy (8.5" x 11") Photocopy (8.5" x 14") Photocopy (11" x 17") These fees shall be renegotiated on an annual basis. N:\JHB\PROPOSAL\ILouisEllis-BasketbaIlCanopy,doc ©2006 By CAI $165.00/hr. $135.00/hr. $llO.OO/hr. $85.00/hr. $85.00/hr. $165.00/hr. S 1 35.00/hr. $125.00/hr. $143.00/hr. $130.00/hr. $120.00/hr. $ISO.OO/hr. $135.00/hr. $75.00/hr. $65.00/hr. $40.00/hr. $S7.00/hr. Cost + 10% Cost $0.45/mile . Cost + 10% Cost $O.25/S.F. $L75/ST $0. 15/ea. $O.25/ea. $O.35/ea. C' ;.1-" . -¡~ ....¡III J'j';, Original 29 May 2006 Agreement Revised 13 December 2006 The scope includes overhead lighting with timers and electrical upgrades as required for the additional lighting load. This may require a separate service should the existing panel serving the current lights be of insufficient capacity. The Open Space Park is owned by St. Lucie County and is located within the City ofFt. Pierce. B. RESPONSIBILITIES OF THE OWNER Site SUNey and Proof of Ownership. Site drainage engineering de3Ïgn and pcrmitting i[required by S.f.W.M.D.Mld D.E-P. All fees, including application, impact, capital improvement, plan review and permitting fees. Administering the Delivery Process for this facility as Design, Bid, Build through SLC Purchasing. Site infrastructure information such as power, sewer and water availability. Landscaping Design if required by the City of Ft. Pierce Planning Department. Coordination and Attendance at City Plf\:l'lfiing meetings to aehieve Minor Site Plan Apprtwal. C. RESPONSIBILITIES OF THE CONSULTANT Site Surveying Services Site Plan Submittal and attendance at Agency meetings for reviews Civil Drainage Design and Permitting Site Plan based on a survey base sheet provided by the Owner depicting the canopy footprint and sidewalk improvements. Construction Plans depicting the proposed building improvements. Building Elevations. Structural Engineering including foundation design utilizing standard spread footings based on building reactions from an approved steel building manufacturer. Sections, Details and Schedules. Roof Framing Plan for main bents and roofpurlins. Lighting Plan for high bay lighting and riser diagram for supply power. Structural Windload Engineering for a structure lying within the 140 mph zone. Accessibility Details. Plumbing and Electric plans for two Electric Water Coolers. Technical Specifications for construction. Assistance in the Public Bidding process. Construction Administration. D. AMOUNT AND BASIS FOR COMPENSATION Compensation shall be a fixed lump sum fee based on 5.9% of our opinion of probable cost of $506.140.00 which equals $29,854.00, combined with consultant fees and reimbursable expenses of $15, 810. OOfor a total of$45,664.00. Schematic Design Documents: Design Development Documents: 20% 20% $ 5,970.80 $ 5,970.80 Page 2 of3 Working Drawings Part 1 Working Drawings Part 2 plusConsultant and all reimbursables Bidding and Negotiations: 05% Construction Administration: ~ 100% BREAKDOWN OF CONSULTANT AND REIMBURSABLE EXPENSES: Additional Services and reimbursables of Consultant: Surveying Service by Carter Associates........................................ Site Plan Submittal by Carter Associates........................,..,.......... Civil Drainage Design and Permitting by Carter Associates....... Reimbursable Expense for Carter Associates............................... Architect's 1.10 multiplier.................................................,........... Reimbursable Expenses as follows: Printing costs (maximum expenditure by Architect)..................... Mailing Costs (maximum expenditure by Architect).................... Original Computer Plots 6 at $10.00 each.................................... Soil Borings.................................................................................. Mileage (maximum expenditure by Architect).............................. E. SCHEDULE FOR COMPLETION Owner/Architect Agreement Design Development Documents Working Drawings Site Plan Approval with City of Ft. Pierce Public Bid Building Permit Review Owner/Contractor Agreement Construction of Site and Building START 29 May 2006 21 June 2006 18 September 2006 18 December 2006 06 February 2007 25 January 2007 07 March 2007 26 March 2007 $ 6,717.50 $22,527.50 $ 1,492.00 $ 2.985.40 $45,664.00 $ 4,000.00 $ 3,500.00 $ 4,000.00 $ 500.00 $12,000.00 $ 1.200.00 $13,200.00 $ 500.00 $ 500.00 $ 60.00 $ 1,500.00 $ 50.00 $ 2,610.00 COMPLETE 20 June 2006 12 July 2006 20 December 2006 24 January 2007 06 March 2007 07 March 2007 21 March 2007 24 July 2007 NOTE:This schedule is subject to change due to agendas of local approval agencies having jurisdiction over the project. F. OTHER CONDITIONS: See ARTICLE 1.6.0 attached. If you are in agreement with this proposal please sign below as authorization for our firm to proceed. Page 3 of3 C:050406VB. wpd/paul AGENDA REQUEST ITEM NO: C-5b DATE: January 9, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: First Amendment to Edlund Dritenbas contract (C06-04-182)- IIous Ellis/Open Space Pool Pad BACKGROUND: The County is currently contracted with Edlund Dritenbas to provide the architectual services for the IIous Ellis/Open Space Pool Pad project. Staff is requesting that the Board of County Commissioners approve the First Amendment to Contract # C06-04-162 in the amount of $4,400 that will allow Edlund Dritenbas to provide staff requested additional services which includes services for all permit applications and agency reviews. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: 310002-7210-563004-75008 (Park "A" Impact Fees- Architectural Services) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the First Amendment to contract # (C06-04-182) in the amount of $4,400 that will allow Edlund Dritenbas to provide staff requested additional services for the IIous Ellis Open Space Splash Pad Project. [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: COMMISSION ACTION: Doug n rson County Administrator County Attorney: Originating Dept: ~/ J~ ¡},'-7 c""~ / Coordination/Siqnatures Mgt & Budget: f-~ l\\\\~ Public Works: Other: Purchasing: Finance: (Check for Copy only, if applicable) Lin~a Barton - BOCCOSsplash.doc t"'é:lyt:: I - -_.,-~-_....-.,.__.__._-- -~...~--_._-~.__._------_._._._- -~._~-_._-_._.__.~'- -'--~'-'----'--'" -'-"-- - - .-----, -'----' .-,---"'---- ~ - Parks and Recreation Department Memorandum To: Board of County Commissioners f2---- From: Linda Barton, Assistant Director Subject: Approval of Agenda Item #C-5B Date: 12/18/2006 The County is currently contracted with Edlund Dritenbas to provide the architectural services for the Ilous Ellis/Open Space Pool Pad project. Staff is requesting that the Board of County Commissioners approve the First Amendment to Contract # C06-04-162 in the amount of $4,400 that will allow Edlund Dritenbas to provide staff requested additional services which includes services for all permit applications and agency reviews. LB: em Attachment cc: D. Anderson, County Administrator R. Wozny, Assistant County Administrator Chron File ~ LlNE-TO-LlNE TRANSFER REQUEST DEPARTMENT: Parks and Recreation - Open Space DATE: 12/19/2006 ACCOUNT OMB / ACCOUNT NUMBER ACCOUNT NAME AMOUNT BALANCE VERIFY TO: 310002 -721 0-563004-75008 Infrastructure- Architectural $4,400.00 $0 $4,400.00 FROM: 310002-7210-563000-75008 Infrastructure $4,400.00 $468,236 $4,400.00 REASON FOR TRANSFER: For increase in EDB Contract for Open Space Splash Park Project CONTACT PERSON: E.laine M. Messier, Admin. Support Coor~. ~ JY1,/09NE #: 1524 DEPARTMENTAL APPROVAL: Linda Barton, Assistant Director JIV \ I OMB APPROVAL: r,-~ r ADMINISTRATION APPROVAL: ,.,........" -~ . ~ .,.._...___.--.~ ... ,.. _. ,,_~" ., C' ! .".Q\';Ol:i )J..;,m:;J :::;D\ \ i ....;, ..... "'. OMB NOTES: $8,800 61 t .I3DQml:l~ 331::1:iO . .' INPUT DATE: INPUT BY: LlNE-TO-LlNE TRANSFER #: .. DOCUMENT #: C06-04-182 FIRST AMENDMENT TO MARCH 27, 2006 AGREEMENT BETWEEN ST. LUCIE COUNTY AND EDLUND, DRlTENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A. (OPEN SPACE PARK POOL SPLASH PARK) THIS FIRST AMENDMENT, is made and entered into this _ day of 2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and EDLUND, DRITENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A. or his, its or their successors, executors, administrators, and assigns (the "Architect"). WHEREAS, parties entered into an Agreement ("Agreement") dated March 27, 2006 wherein the Architect agreed to provide professional architectural services to the County pertaining to the Open Space Park Pool Splash Park project ("Project"); and WHEREAS, the parties desire to amend the Agreement to amend Article 1.5 COMPENSATION which will increase the TOTAL LUMP SUM FEE and amend the Agreement to reflect changes in the scope of work of the project which are generally described in a letter dated December 11,2006 from Paul U. Dritenbas, a copy of which is attached as Exhibit "A". NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree as follows: 1. ARTICLE 1.5 COMPENSATION shall be amended to read as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1 A, compensation shall be computed as follows: Schematic Design Phase Design Development Phase Working Drawings Phase Bidding & Negotiations Phase Construction Administration Phase TOTAL $ 4,577.85 $ 6,103.80 $18,133.55 $ 1,525.95 $ 4,577.85 $ 34,919.00 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. 1 ATTEST: DEPUTY CLERK WITNESSES: C06-04-182 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY EDLUND, DRITENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A. BY: Print Name: Title: 2 EDLUND. DRITENBAS . BINKLEY ARCHITECTS AND ASSOCIATES, P.A. Members of the American Institute of Architects AR#AACOOO886 11 December 2006 To: Mr. Mark DiMascio SLCRD 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: I.Louis Ellis Park Splash Pad Subject: Request for First Amendment Contract #C06-04-182 and Purchase Order No. P2612329 for expanded Architectural Services on the above Project Architects Comrn. #030206VB Dear Mr. DiMascio, We are herewith submitting our "Request for an Agreement Amendment" for the above referenced project in accordance with Articles 1.3.3.1, 1.5.2 and 1.5.3. of our current Owner/Architect Agreement AlA Document BI41-1997. PURPOSE: The purpose of this request is to revise our fee and payment schedule due to the expanded scope of services associated with this project. SCOPE: The Owner has requested that EDB Architects provide the services for all permit applications and agency reviews, in lieu of this service being supplied by the Owner per Article 1.1.4 of the B-141 Agreement. Reimbursable expenses incurred by the Civil Engineer, in contract with EDB Architects, are also being requested. Please refer to the December 6, 2006 proposal from Carter Associates attached for your records. The additional fees for the above additional services, including reimbursable expenses and our 1.10 multiplier totals $4,400.00. The first $350.00 of application or permitting fees are included in our original proposal. Application and permitting fees in excess of this amount are yet to be detem1Ïned, and shall be paid by the Owner. FEES FOR SERVICES: Our fees for the expanded services shall increase from $30,519.00 to $34,919.00. Page 1 of2 65 Royal Palm Pointe, Suite D, Vera Beach, FL3296D Vera Beach 772/569-4320 Deerfield Beach 954/429-0995 Fax 772/569-9208 Fax 954/421-8269 The following pages of our agreement are attached with revisions noted for your review: Part 1 page 10 Page 1-14 Part 1 page 2 Article 1.5.1 (Additional $4,400 added in the Working Drawings Phase) Article 1.5.5 Article 1.1.2.5 (.2) SCHEDULE FOR CONSIDERATION: See the attached PROJECT TIMELINE revised 11 December 2006. Mark, please call me should you have any questions and notify us when this Amendment to our Agreement is approved. Paul U. Dritenbas, Architect A.LA. Page 2 of2 XC: Mr. Dan McIntyre, S.L.C. Attorney C:030206VB.doc/paul · . § 1.4.2 Special Terms and Conditions. Special temlS and conditions that modify this Agreement are as follows: See Alticle ] .6.0, page 1-13. ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article lA, compensation shall be computed as follows: Revised II Dec 06 Compensation shall be a fixed stipulated sum of $16.600.00 combined with $] 8,319.00 in reimbursable expenses itemized in 1.5.5 for a total of $34,919.00. Compensation shall be computed per the following phases: Schematic Design Phase Design Development Phase Working Drawings Phase Bidding & Negotiations Phase Construction Administration Phase 15% 20% -459), 05% 15% 100% $ 4.577.85 $ 6, 103.80 $18,133.55 $ 1.525.95 $ 4.577.85 $34.919.00 § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Imert basis of cumpensatiol!, incll/dil!g rates and multiples (If Direct Persol1nel E\pensefor Principals and employees. and identify Principals and class(!.\' employees. if required. Identify specific services to which particular methods of compensatiol! apply.) If Design, Bid, Build delivery is applicable and should the scope of work change, and the construction budget is subsequently increased, the Owner and Architect shall re-negotiate compensation using the attached DMS scale, or by applying the Architect's standard hourly rate schedu]e attached as Exhibit "B". In addition, the Architect shall be compensated 7.0% of all additive change orders for items not due to errors and omissions of the Architect or his consultants during the construction phase. § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one point one zero ( lJQJ times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one point one zero ( L1QJ times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any. are as follows: See attached itemized list of reimbursable expenses titled "J .5.5 Reimbursable Expenses Summary for Lump Sum Submittal", page 1-14. § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. No changes for this agreement through I Januarv 2008, § 1.5.7 An initial payment of zero dollars ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement § 1.5.8 Payments are due and payable 1hir1L...( ~) days from the date of the Architect's invoice. Amounts unpaid forty-live (1L-) days after the invoice date shall bear interest at the rate entered below. or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect Inlt. AlA Document 8141"" -1997 Part 1. Copyright © 1917.1926. 1948. 1951.1953.1958, 1961. 1963. 1966. 1967, 1970. 1974.1977, 1987 and 1997 by The Amencan Institute of Architects, All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document. or any portion at it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 08:44:16 on 12/1212006 under Order No.1000235788_' which expires on 5/1:2007. and IS not for resale. User Notes: (4161513212) 10 Article 1.5.5 (Revised 11 December 2006) REIMBURSABLE EXPENSES SUMMARY FOR LUMP SUM SUBMITTAL (Open Space Pool Splash Park) I. Programming Phase: N/A 2. Geotechnical Soils Investigations, Testing and Reports: N/A 3. Landscaping and Irrigation Design: $ 2,000.00 4. Special Consultant (Splash Pad Consultant) $ 3,000.00 5. Storm-water Design and permit modification: $ 4,000.00 6. Site Civil Design for Water and Electric: $ 2,000.00 7. Communications Consultant: N/A 8. Building Security Consultant N/A 9. Model Energy Code & Manual J calculations: N/A 10. Transportation: $ 114.00 30 miles X 13 trips X 30 cents per mile II. Long Distance Calls: Phone, Fax, E-mail $ 20.00 12. In-house Reproduction: Plans, Specifications, Memos, $ 400.00 Digital Photography processing. 13. Mailings: Fed-ex, US. Mail, Priority Mail, Etc. $ 500.00 14. Plans and Specs for competitive bids: $ 150.00 (One set each to Purchasing and Recreation Department) 15. Architect's coordination with Electronic Plan Review N/A (This item coordinated by Purchasing Dept.) 16. Original Computer Plots 12 at $10.00 each $ 120.00 17. Fire Sprinkler Design and permitting: N/A 18. Permitting fees (excluding building permit paid by G.c.) $ 350.00 19. Site Plan Submittal by Carter Associates $ 3,500,00 20. Reimbursable Expenses by Carter Associates $ 500.00 SUB-TOTAL $16,654.00 Consultants Multiplier per Article 1.5.4 (W, 1.10 $ 1.665.00 TOTAL $18,319.00 C:030206VB.doc/paul Page 1-14 ARTICLE 1.1 INITIAL INFORMATION Revised 11 Dee 06 § 1.1.1 This Agreement is based on the following information and assumptions. (NoIe the disposition for the following items hy inserting the requested information or a statement SUc!l as "I/ot applicable." "unknowl/ at time' (if execlllion" or "to be determined later by mlllual agreement. ") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe. if appropriate. proposed use or goals.) The proposed use is a splash pad that Qualifies as a pool extension per Florida Administrative Code Chapter 64E-9, public swimming pool and bathing places. § 1.1.2.2 The physical parameters are: (Identify or describe. if appropriate. si::e. location. dimensions. or other pertinent information, such as geotechnical reports about the site.) Area of splash pad is approximately 3.000 sq. feet with adioining decks. located at southeast of. and adiacent to, the existing zero entry pooL § 1.1.2.3 The Owner's Program is: (ldellTify documel1lation or state the manner in which the program will be developed.) Design a spash pad with approximately six or seven water features with a separate filtration and pumping facility. § 1.1.2.4 The legal parameters are: (Identify pertinent legal information. including. if appropriate. land surveys and legal descriptions and restrictions of the site.) The property is owned by SL Lucie County. The facility is owned by SL Lueie County. The property lies in the City of Fort Pierce. § 1.1.2.5 The financial parameters are as follows, .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $260.000.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation. is: $225.081.00 § 1.1.2.6 The time parameters are: (Idellfify. If appropriate. milestone dates. durations or fast track scheduling.) See revised Proiect Schedule dated II Dec 06. § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive hid. /legotiated contract. or constructio/ll11anagement.) Design. Bid. Bui]d using a certifed genera] contractor licensed in Florida. § 1.1.2.8 Other parameters are: (Identify .\pecial characteristics or needs (!{ the Project such as energy. environmental or historic presen'ation requirements. ) This proposal assumes no additional restrooms will be required beyond those that exist within the current pool building and adiacent concessions/restroom building. Both buildings lie within 200' of the splash pad per ME- 9.006 Construction Standards. § 1,1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: Init. AlA Document B141'M - 1997 Part 1. Copyright © 1917. 1926, 1948. 1951. 1953. 1958. 1961, 1963, 1966, 1967, 1970. 1974. 1977, 1987 and 1997 by The American Institute of Architects, All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyrighl Law and International Treaties. Unauthorized reproduction or distribution of this AIA'~ Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 08:44:16 on 12/12/2006 under Order No,1000235788_1 which expires on 5/1/2007. and IS not for resale. User Notes: (4161513212) 2 Open Space Park Pool Splash Pad aka: I. Louis Ellis Park Splash Pad EDB Architects & Associates, P.A. Comm. #030206VB (Revised 11 December 2006) Per Article 1.1.2.6 of A.I.A. Document B 141, the following time parameters shall apply: Task Start Complete Agreement between Owner and Architect 27 Mar 06 26 Apr 06 Schematic Design Phase 27 Apr 06 16 May 06 Design Development Phase 17 May 06 14 June 06 Construction Documents Phase 20 Sep 06 24 Jan 07 Agency Review and Permitting 24 Jan 07 27 Feb 07 Public Bidding 30 Jan 07 28 Feb 07 Contractor Agreement 06 Mar 07 20 Mar 07 Construction Phase 27 Mar 07 07 Aug 07 C:030206VRdoc/paul Ql~~ f)¡jl/$e/O CARTER ASSOCIATES, INC, CONSULTING ENGINEERS AND LAND SURVEYORS 170R 2 1 Sf STHEET VERO BEACH. FLORIDA 32060'34-72 772-562·4191 772'562'71RO (FAX) MARVIN E. CAHTER I~S..\t DEAN E LlJETHJE. P. E. IFI.. ~CI December 6,2006 .JOliN II. BLUM. P.E. FR-\.I\IK S. CLJCCl:HESE. P.S.M. DAVID E. Ll'ETU.JE. I~S.M. G. SEAN MCGUIRE. P.E. GEORGE SIMONS. P.E. STEVE SNOBERGER. P.E. PATRICK S. WALTHER. P.E. Mr. Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates, P.A. 65 Royal Palm Blvd. Vero Beach, FL 32960 II t;è.¿~h £a-'/~ /'1#~ ~ ~ vo~ .st0H1 W/ ~¡;;)R '7f!:::> ø~.f). Re: I. Louis Ellis Park - Splash Pad City of FOit Pie¡ce - St. Lucie County Engineering and Surveying Services CAI Project # 06-83e Dear Paul: We are pleased to present this proposal for engineering and surveying services relative to site planning and design and permitting of paving, drainage, and potable water improvements at the proposed I. Louis Ellis Park Splash Pad in Fort Pierce. The following describes our proposed scope of work and terms of agreement between Carter Associates, Inc. (CAI) and Edlund, Dritenbas, Binkley Architects and Associates, P.A. (Architect): 1\ · Survey Services (, N s:t>~ A6~8J') $ 3,000.00 '/ A~TlcLs. I. J. 3 . S CAl will perform a specific purpose survey to include locations of adjacent existing buildings, parking lots, swimming pools, cross-sections, and spot elevations of sufficient detail for design of grading and drainage improvements for the proposed splash pad and parking lot modifications. Off site cross-sections of 13th Street will be surveyed at specified intervals for the design of the driveway and sidewalk locations. ~ Site Plan Submittal (tJo'/~cL/J~ It-.! ~~ Å~~ F~ AR:rtcl.1::: I. I. 4 ) CAI will prepare applications and submittal documents for site plan approval. CAI will attend development review meetings with City of Fort Pierce (COFP) departments. CAl wi1J re-submit site plan addressing COFP review comments and attend Planning & Zoning and/or City Council Board Meetings for site plan approval. . $ 3,500.00 N :\JHB\PROPOSAL \ILouisEllis-SplashPad, doc Page I ./'!'J-A- _.I_SeIVII~J0ª G ~ Sun 1911 ©2006 by CAI 3). Civil Drainage Design & Permitting ( /NcLlJf>ef) IN eÞ8 /,- A 61U55*1 r:;rJT", AI'lT1C.1.C I.~.r;, (rs).) CAI will prepare paving, grading and drainage design, drawings, details and specifications including design of required stonnwater management retention improvements. A stonnwater report with flood routing analysis will be prepared and will confonn to South Florida Water Management District (SFWMD) and COFP stonnwater pennit requirements. CAI will coordinate with these agencies through the pennitting process. In addition, CAI wi1l provide inspection services of the paving and stonnwater improvements during construction and will provide as-built surveys and certifications upon completion of construction. $ 4,000.00 f"'\. Civil Potable Water Design & Permitting (JOeL ) D6b IN $ 2,000.00 r:; er[)~ .A6~f5tJT: A.~,:TJCl..e;:; I.S.~ (ø).) CAI will prepare design drawings for the water inter-connect to the proposed splash pad storage tank. CAI will prepare application documents and subrrnt for Fl. Pierce Utilities Amhority (FPUA) potable Water pennit. CAI will coordinate with FPUA through the pennitting process and provide certifications upon completion of construction. V. Reimbursable Expenses 0C1T /tJCWD~ IN e:P& A.G eJ!i1§W~ $ 500.00 Reimbursable expenses include such items as postage, long distance calls, mileage, fax transmittals, blueprints, vellum, etc. Engineering and surveying fees for the above described services are $ 13,000.00, inclusive of all reimbursable expense~ ENGINEERING ASSUMPTIONS: In developing this proposal, CAI represents to the Architect that the following assumptions have been made and that deviation from these assumptions may require additional expenditures on behalf of the Architect to CAI. 1. This proposal specifically excludes all application and/or impact fees, which shall be the responsibilitlj ('If the Ow~ ( 1+1-£:= 'FJ~c¡ r ; ~~~ I K> r $ /Ytc..l,Llðe4 [111 12 bß \!!!!:.J Â6~ pee.. Å~ TtelJ;;? '.S.s (8) . ) 2. Survey shall be based upon Owner provided legal description. No abstracts for potential ownership conflicts are included in this scope. 3. It is assumed the Architect will submit prepare landscape plan confonning to the local pennitting agencies for approval. (¡}oJ cLLlÞœo IN Ët)J3. ~6~ .4R.-r-tcœ I· r;. ~ ('2) .) 4. There are no wetlands or environmentally sensitive areas that will be affected by the proposed improvements. tl?K 5. It is assumed soil testing will be provided by the Architect, if needed. NOIJe:- ~u'!è.e;Ð . N. \J H BIPR OPOSAL II Lou is Ellis-Splash P ad, doc Page 2 ©2006 by CAI . dO A I ~l~\'~:!Br-J!)I:ld¡¡ ~~II1(I'IC)11 , . 6. Specifications for site work shall be provided to the Architect in CArs fonnat 0 '-.. GENERAL CAI will bill the Architect monthly on a time and materials basis, per the attached Houdy Rate Schedule, not to exceed the estimated amount of $ 13,000.00, inclusive of all costs. If additional services are required outside this scope, then separate authorization will be required. If you have any questions regarding our proposed scope of work or tenns of agreement, please call me at your convenience. Our receipt of a signed copy of this agreement will serve as our notice to proceed. Sincerely, Agreed to and Accepted by: CARTER ASSOCIATES, INe. ~.(þ Paul Dritenbas, ALA Date I/~Þ Attachment (Hourly Rate Schedule) II j)~ ~(P - I AJ~n:T ~ ¡Ø?fJeK. .ð / /ØA.$'e/o @!, S¿CÆ,LJl I?1AÆJ:; / A /1/(J)()/FleA17oN "Y?? ~u.l<. AG~é?U / ~ ð ~ /75 /IAAJ ;;5//8$/ T/;4-C- 1 ~) fit:lHtBVð/9Bé:t= b~ tv/a, ~ ~£)'/~ J pLLJS, ~V'Æ- /./t? rJU/¿ ~~ .. .if r.;.o-rs> . CPO -I- PGlO. Gc:;) ~ . 0Je X /./t1J ,d~.- riA) /H>Þl77.M/,<K M"~/RM~ .0/a ~ ~w,e,s;ð ~ 4- -5t/Ø/ør~ ¿;F AU- ~ RI./4-C- jJ~}?7/T77#t$ ~ Af"/f¡(!Ap/9A..l ~ ÞC/#/C/.T ~ ¡/P~AJ æ T$þ~ t 9;: v~· ~ N :IJHSIPROPOSAL IILouisEllis-SplashPad ,doc Page 3 ©2006 by CAI I -€ A I S(' "\ill¡.( Flolld,1 -L1[I'~SlìïIT-I(¡1T --- ~ AGENDA REQUEST ITEM NO: C5-C DATE: January 9, 2007 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: MINOR LEAGUE COMPLEX AIR CONDITIONING REPLACEMENT AT TRADITION FIELD BACKGROUND: During the 2003 renovation of Tradition Field, the County retained the services of Sims Wilkerson Engineering, Inc to remove and install the air conditioning system at the Minor League Complex. However, the project was postponed due to budget constraint. In the interim, in an effort to extend the system's life expectancy, these original 18-year old units have been patched over the years, are currently in a state of disrepair, and must be completely replaced. The original 2003 plans submitted by the contractor are still available, but must be recertified/ revised/resealed due to modifications to the original structure. This agenda requests the following: a. The Board's approval of an interfund loan from the General Fund in the amount of $1 OOK, to be repaid with funds from the Florida Sports Foundation, pursuant to Section 228.1162(5) (c) 2, (2006) of the Florida Legislature under Chapter 212 of the Florida Statutes. b. The BOCC's approval to use $1,500.00 to revise the plan, and obtain a new scope of work needed for the bid process. c. If approved, authorize staff to advertise the bid, and award it to the lowest responsive bidder. FUNDS WILL BE MADE AVAILABLE IN: 001-75201-563000-700 Tradition Field (Infrastructure) RECOMMENDATION: Staff recommends the Board's approval of an interfund loan in the $1 OOK, approval to use $1,500 for revision of existing plans, and if approved, authorization to advertise for bid and award it to the lowest responsive bidder. COMMISSION ACTION: CONCURRENCE: !Xl APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou M. derson County Administrator County Attorney: /"' c-/ Coordination/Signatures r I' - , ~, .,~ ~¡ Monagem,nt & Budg,,, {( ~<~ ,1(B \; P""h"ing' ~ Other: Admin/Finance Originating Dept: (if applicable) C:\PARKSIAGENDAS\I-9-07 TRADITION FIELD MINOR LEAGUE AIR CONDITIONING.DOC Burdi 100011I,þ_lSSiIIrs Pañaa· 1.l8aUDn '_1l11li.' MEMORANDUM To: Board of County Commissioners From: Parks Manager, Parks and Recreation Thru: Director, Parks and Recreation Subj: MINOR LEAGUE COMPLEX AIR CONDITIONING REPLACEMENT AT TRADITION FIELD January 9, 2007 During the 2003 renovation of Tradition Field, the County retained the services of Sims Wilkerson Engineering, Jnc to remove and install the air conditioning system at the Minor League Complex. However, the project was postponed due to budget constraint. In the interim, in an effort to extend the system's life expectancy, these original18-year old units have been patched over the years, are currently in a state of disrepair, and must be completely replaced. The original 2003 plans submitted by the contractor are still available, but must be recertified/revised/resealed due to modifications to the original structure. This agenda requests the following: a. The Board's approval of an interfund loan from the General Fund in the amount of $1 OOK, to be repaid with funds from the Florida Sports Foundation, pursuant to Section 228.1162(5) (c) 2, (2006) of the Florida Legislature under Chapter 212 of the Florida Statutes. b. The BOCC's approval to use $1,500.00 to revise/reseaVrecertifythe plan, and obtain a new scope of work. c. If approved, authorize staff to advertise the bid, and award it to the lowest responsive bidder C:\PARKS\AGENDAS\1-9-07 TRADITION FæLD MINOR LEAGUE AIR CONDITIONING.DOC Sims Wilkerson Engineering, Inc. MEMORANDUM November 20, 2006 To: Bob Ettswold St. Lucie County Central Services From: Kyle J. Cartier, P.E. Reference: SLC Thomas J. White Stadium Renovations, Minor League Building Subject: Engineering Fee Proposal Background 1) St. Lucie County Central Services, the Client, will engage Sims Wilkerson Engineering, Inc. (SWE) the Engineer, to provide professional engineering design services as outlined below. 2) Design drawings were prepared in June, 2003 to replace the HV AC equipment associated with the Thomas J. White Stadium Mets Minor League Building. 3) St. Lucie County has authorized funding for this project in the current budget. 4) Changes have occurred at the building, which may have had an impact on the existing HV AC equipment and current design. S) St. Lucie County needs a site visit and field investigations performed to determine what, if any, changes need to be made to the existing design package to accommodate the building changes. Scope of Work 1) Perform field investigations in the vicinity of the proposed work to review readily observable conditions 2) Document an outline of what changes have been made in the building that will impact the current design. 3) Develop a scope of work summary and associated proposal outlining the tasks necessary to modify the current design, if necessary. 4) Sign and seal construction documents for permit application and competitive biding. Scope of Services 1) Field investigations in the vicinity of the proposed work to review readily observable conditions. 2) Provide via memorandum a summary of items that could affect the current design and an outline of the required changes. 3) Create a proposal outlining the tasks necessary to modify the current design for review and approval, if necessary. 1555 Howell Branch Road · Suite A-I · Winter Park, Florida 32789 . (407) 645-1566 · FAX (407) 645-2399 , , Basis of Compensation 1) For basic services as defined above: a) Field Investigations and Memo Report $1,500 b) Total Fee $1,500 2) Expenses for travel, long distance telephone, plotting, printing, shipping and delivery are included within the fee. 3) The following list of optional additional services, as defined below, are not included within this scope and fee. If any of the items below are desired, the client may request a lump sum fee proposal or authorize the work to proceed with compensation based on the actual hours required billed at the Engineer's current published hourly rates. Optional Services Not Included 1) Documentation of existing systems and equipment. 2) Meetings at the Client's office during design or meetings with the authority having jurisdiction for expediting the permitting process. 3) Analysis of existing air conditioning equipment capacity, life expectancy or ventilation level. 4) Analysis of alternative systems such as lighting systems or air conditioning systems. 5) Plumbing design for kitchens, bars, laboratories, or other specialty occupancy. 6) Fire protection sprinkler design including layout of sprinkler heads, piping design and hydraulic calculations. 7) Computer room fire suppression system design. 8) Specialty air conditioning system design for processes or intense computer loads. 9) Specialty exhaust system designs for grease removal, processes, smoke removal or fume hoods. Preparation of selective demolition drawings for systems directly impacted by the proposed work. 10) Design of plumbing systems modifications including, fixture and equipment selection and specification, piping layout, sizing and riser diagrams for the sanitary and domestic water systems. 11) Heating, ventilation and air conditioning systems design including provisions for ventilation with outside air, toilet exhaust, and modifications and additions of air conditioning equipment and systems within the space. 12) Preparation of the required energy code submittal. 13) Lighting design for the space including coordination of the layout of standard recessed fluorescent fixtures in the ceiling grid defined by the Client. Some specialty fixtures for entrances, lobbies and conference rooms can be considered basic services but specialty lighting design is referenced below as an optional additional service. 14) Power systems design including connecting to the building power service, modifications or additions to the tenant distribution system and connection to lighting and equipment as defined by the Client. 15) Fire alarm design for the addition to the building fire alarm system to accommodate the tenant improvements. 16) Design of raceways and conduits for systems including but not limited to telephone, data and security when the Client defines the start and end points. 1555 Howell Branch Road. Suite A-I · Winter Park, Florida 32789. (407) 645-1566. FAX (407) 645-2399 17) Interior lighting design beyond a general illumination or basic lighting design as defined in the Scope of Services above. 18) Design for a new utility company service to the building or reconfiguration of the building's main distribution to accommodate increases in the space electrical power capacity. 19) Emergency power systems design including generator or uninterruptible power systems. 20) Preparation of an electrical overcurrent protective device coordination study. 21) Telecommunication systems design including wiring, terminations, hubs and utility service coordination. 22) Incorporation of contractor as-built or record drawing markups into the construction documents either for record drawings or for resubmission to the authority having jurisdiction. 23) Bid period services including interpretation of the construction documents, response to contractor questions and the issuing of clarifications to the construction documents. 24) Construction period services including review of contractor submittals, response to contractor request for information and periodic site visits during construction for the review of the contractor's general compliance with the construction documents. 25) Value engineering or cost reduction analysis and drawing modifications. Limitations and Exclusions 1) In general, a minimum of five working days is required for the completion of the Engineer's construction documents after the completion of the interior design documents by the Client. 2) Work outside of the demised premises is not included with the exception of electrical service to the space and the design of roof-mounted air conditioning equipment. 3) It is assumed that adequate capacity exists for water, sewer, sprinkler and fire alarm for the proposed tenant improvements and that no modifications to the building systems will be required. 4) Structural analysis or design to accommodate mechanical and electrical revisions and the requirements for permit will need to be provided by others and is not included. 5) Modifications to adjacent spaces or provisions for capacity for other spaces within the building are not included and will need to be considered as a separate tenant improvements. 6) No cost estimating is to be provided. 7) If changes that affect the mechanical and electrical design occur within five working days of the intended submission, extension of the submission date will be required. 8) Modifications to the drawings after the permit application to accommodate changes or additions will need to be considered additional services. Items to be furnished by the Client 1) Electronic background files in AutoCAD or DXF format. 2) Two sets of coordination and progress printings of other design discipline drawings. 3) Designate a single point of contact for each project with the authority to transmit instruction, receive information, interpret and define policy and make decisions with respect to materials, systems and equipment relative to the consultant's services. 1555 Howell Branch Road · Suite A-I · Winter Park, Florida 32789 . (407) 645-1566 . FAX (407) 645-2399 Terms & Conditions 1) Invoices for services rendered are prepared monthly and are due and payable within thirty (30) days from date of the invoice. Past due statements shall include interest from the date of invoice at a compound rate of one and one-half (1-1/2) percent per month. 2) Payments to the Engineer shall not be withheld, postponed or made contingent on the construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties causing Additional Services or expenses. No withholdings, deductions or offsets shall be made from the Engineer's compensation for any reason unless the Engineer has been found to be legally liable for such amounts. 3) If the Client does not engage the Engineer to provide Construction Administration services, then the Engineer shall not be responsible for components of the project, if any, for which shop drawings, product data, or samples are required; or for errors or omissions in the construction documents prepared by the Engineer which would have been discovered and corrected by the Engineer had the Engineer been engaged for Construction Administration services. The Client agrees to release the Engineer from and protect against all liability arising out of those matters stated in foregoing sentence to be outside the Engineer's responsibilities. 4) The Client has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services. The Engineer does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. 5) Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and sub consultants at a construction site, shall relive the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. 6) The Client shall promptly report to the Engineer any defects or suspected defects in the Engineer's work or services of which the Client becomes aware, so that the Engineer may take measures to minimize the consequences of such a defect. The Client warrants that he or she will impose a similar notification requirement on all contractors in his or her Client/Contractor contract and shall require all subcontracts at any level to contain like requirements. Failure by the Client, and the Client's contractors or subcontractors to notify the Engineer, shall relieve the Engineer of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given. 7) Either party may terminate this Agreement by giving thirty (30) days advance written notice. The Engineer shall be paid for services rendered to the date of termination on 1555 Howell Branch Road· Suite A-I. Winter Park, Florida 32789. (407) 645-1566. FAX (407) 645-2399 the basis of a reasonable estimate of the portion of services completed prior to termination and shall be paid for all reasonable expenses resulting from such termination and for any unpaid reimbursable expenses. 8) For services involving the renovation of or modification to existing structures including, but not limited to, the mechanical, electrical, and plumbing systems thereof, the Engineer will rely on his observation of readily observable existing conditions. Although the documented systems components of the existing structure to be modified will be analyzed, the actual components of the existing structure cannot be fully determined because the Engineer was not present during fabrication or construction. The Engineer will therefore make recommendations and designs which in the Engineer's opinion will meet the needs of the situation, commensurate with economic constraints, but for which the Engineer can make no assurances that unforeseen conditions which come to light may not require changes in the scope of services or in the design. 9) In the event of any litigation arising from or related to the services provided under this Agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other related expenses. 10) In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and the Engineer agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. 11) It is intended by the parties to this Agreement that the Engineer's services in connection with the project shall not subject the Engineer's individual employees, officers or directors to any person legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suite shall be directed and/or asserted only against the Design Professional, a Florida corporation, and not against any of the Engineer's employees, officers or directors. 12) In recognition of the relative risks and benefits of the project to both the Client and the Engineer, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Engineer and his or her subconsultants to the Owner and Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of the Engineer and his or her subconsultants to all those named shall not exceed the Engineer's total fee for services rendered on this project. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. 13) The Client acknowledges the Engineer's construction documents as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the work and payment in full of all monies due to the Engineer. The Client shall not reuse or make any modification to the plans and specifications without the prior written authorization of the Engineer. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer harmless from any claim, liability or cost ]555 Howe]] Branch Road. Suite A-] · Winter Park, Florida 32789. (407) 645-1566. FAX (407) 645-2399 · . (including reasonable attorneys' fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the plans and specifications from or through the Client without the written authorization of the Engineer. 14) In the event the Client consents to, allows, authorizes or approves of changes to any plans, specifications or other construction documents, and these changes are not approved in writing by the Engineer, the Client recognizes that such changes and the results thereof are not the responsibility of the Engineer. Therefore, the Client agrees to release the Design professional from any liability arising from the construction, use or result of such changes. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising from such changes, except only those damages, liabilities and cost arising from the sole negligence or willful misconduct of the Engineer. 15) Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and the Engineer shall survive the completion of the services hereunder and the termination of this Agreement. 16) All legal actions by either party against the other arising out of or in any way connected with the services to be performed hereunder shall be barred and under no circumstances shall any such claim be initiated by either party after two (2) years have passed from the date of issuance of the Certificate of Completion, unless the Engineer's services shall be terminated earlier, in which case the date of termination of this Agreement shall be used. 17) The signature of a duly authorized official of the Client may indicate acceptance of a proposal. One signed copy of a proposal returned to the Engineer will serve as an Agreement between the two parties and as a Notice to Proceed (unless indicated otherwise by the Client). This contract will be binding on the parties hereto. Should this proposal not be accepted within a period of thirty (30) days from the above date, it shall become null and void. Client Acceptance Signature Date 1555 Howell Branch Road. Suite A-I. Winter Park, F]orida 32789 · (407) 645-1566. FAX (407) 645-2399 , - COUNTY ADMINISTRATION " EMORANDUM 06-138 TO: FROM: Douglas M. Anderson ounty Administrator DATE: November 29, 2006 RE: Certification of Retained Spring Training Facilities We have been informed by Larry Pendleton of the Florida Sports Foundation, that our application for funding reimbursement in the amount of $7,914,766 for improvements to Tradition Field has been approved. The reimbursement will be paid out over a period of 30 years in an annual amount of $263,825. The Florida Sports Foundation will recommend to the Office of Tourism Trade and Economic Development (OITED) on December 29th that they certify this funding in January. $2,639,871 was loaned to the facility from the County for un-reimbursed Hurricane expenses, ADA improvements, new lighting, etc. This loan will be repaid to the County from this funding. Assuming the certification is received, staff will be presenting the Board of County Commissioners with a financial plan on the structuring of these funds. This will possibly include using a portion of these funds to finance a loan to provide the necessary capital to payoff the County's loan at this time versus over a 1 O-year period. Since October 2000, we have been aggressively pursuing this funding. The bottom line is, This is Good! DMAlab 06-138 c: Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management and Budget Director Bill Hoeffner, Grant Resources Director Roberta Breene, Grants Writer Debra Brisson, Parks & Recreation Director Paul Taglieri, Director of Fla. Operations, NY Mets BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation PREPARED DATE: 12/20/2006 AGENDA DATE: 1/9/2007 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-75201-563000-700 Infrastructure $100,000 FROM: 001-9910-599100-800 Continqency $100,000 REASON FOR BUDGET AMENDMENT: Internal Loan for Minor League Complex A.C. Replacement @ Tradition Field CONTINGENCY BALANCE: $460,553 THIS AMENDMENT: $100,000 REMAINING BALANCE: $360,553 DEPARTMENT APPROVAL: OMB APPROVAL: (L.::tD BUDGET AMENDMENT #: BAO? -024 DOCUMENT # & INPUT BY: FISCAL YEAR 2006-2007 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $460,553 DEPARTMENT ITEM ACCOUNT # Approved Budget Contingency 001-9910-599100-800 BA07 -004 BA07 -007 BA07 -008 Old Civic Center Parking Lot Savannas Emergency Sewer Repairs Harbour Pointe Three-Phase Service Interfund Loan to complete ADA improvements @ Tradition Field Item C11 Reimbursement Ft Pierce CRA Ref BA07-008 New project for Env Resources ADA Review for new Special Needs Facility Line-to-Line BA07-014 BA07 -023 Total used: Balance Available Proposed action: BA07 -024 Internal Loan for Minor League Complex A.C. Replacement @ Tradition Field Balance Available After Proposed Action: AMOUNT $1,000,000 $25,000 $11,360 $4,098 $479,200 ($4,098) $22,600 $1 ,287 $539,447 $460,553 $100,000 $360,553 '\ ~ COUNTY ~ ~ AGENDA REQUEST ITEM NO. C-SD DATE: January 9,2007 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Sports and Athletics/Recreation SUBJECT: Equipment Request No. 07-173 BACKGROUND: The Recreation Division was approved to purchase a shade structure for the Lawnwood Tennis Center bleachers in this year's budget. The amount was $3500, which will not be enough to purchase and install the structure. The lowest quote staff has received is $8970. In order to move forward with the project, Board approval is necessary to increase the approved amount of the Equipment Request from $3500 to $9000. The shade structure will greatly enhance the Tennis Center and protect spectators from the sun. The dimensions are 24.5'x19'x14' and will cover a bleacher that seats several hundred people. Funds are available from savings realized on other equipment purchases. FUNDS AVAILABLE: Funds are available in 001-7216-564000-7103 (Recreation, Sports and Athletics, Machinery and Equipment) RECOMMENDATION: Staff requests Board approval to increase Equipment Request 07-173 from $3500 to $9000 for the purchase of a shade structure for the Lawnwood Tennis Center. Approved 5-0 COMMISSION ACTION: ¡}(.J APPROVED [ ] OTHER: DENIED ... - - Dou as·~. Anderson Countyidministrator County Attorney: Ch,~.i , J t- h I ~-" Review and A purchasing: Management & Budget Originating Dept. Other: Other: .... I =- .. .. _'c Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director Subject: Approval of Agenda Item #C-5D Date: 12/29/2006 The Recreation Division was approved to purchase a shade structure for the Lawnwood Tennis Center bleachers in this year's budget. The amount was $3500, which will not be enough to purchase and install the structure. The lowest quote staff has received is $8970. In order to move forward with the project, Board approval is necessary to increase the approved amount of the Equipment Request from $3500 to $9000. The shade structure will greatly enhance the Tennis Center and protect spectators from the sun. The dimensions are 24.5'x19'x14' and will cover a bleacher that seats several hundred people. Funds are available from savings realized on other equipment purchases. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File .. J ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUESTS SUMMARY FOR FISCAL YEAR 2006-2007 DEPARTMENT / EQUIPMENT REQUEST RECOMM APPROVED FUND# TAB# N/R REQUEST # FT. PIERCE COMMUNITY CENTER: Electric Pia no $1,500 $1,500 $1,500 001 32 R EQ07-158 Water Slide $2,600 $2,600 $2,600 001 32 N EQ07-159 LINCOLN PARK COMMUNITY CENTER: Inflatable Obstacle Course $3,500 $3,500 $3,500 001 32 N EQ07-160 Inflatable 3 in 1 Slide, Climb & Bounce $6,000 $6,000 $6,000 001 32 N EQ07-161 Kidzpace Carousel 6 $0 $20,500 $20,500 316 32 N EQ07 -282 SPORTS & ATHLETICS: Soccer Goals /4 sets) $16,000 $16,000 $16,000 001 32 N EQ07-162 Pro Caoe (4) $28,000 $28,000 $28,000 001 32 N EQ07-163 Refriaerator $2,000 $2,000 $2,000 001 32 N EQ07-164 Ice Machine $5,000 $5,000 $5,000 001 32 N EQ07-165 Hot Doa Roller $1,300 $1,300 $1,300 001 32 N EQ07-166 Freezer $4,000 $4,000 $4,000 001 32 N EQ07-167 Cookina Ranae $3,000 $0 $0 001 32 N EQ07-168 Beveraae Merchandiser $2,000 $2,000 $2,000 001 32 N EQ07-169 Concession Trailer $50,000 $50,000 $50,000 001 32 R EQ07-170 Computer $1,543 $1,543 $1,543 001 32 N EQ07-171 Soccer Goals /4 sets) $16,000 $16,000 $16,000 001 32 N EQ07-172 Slanted Bleacher Cover $3,500 $3,500 $3,500 001 32 N EQ07-173 SAVANNAS 6x4 Gator $7,200 $0 $0 001 33 R EQ07-174 SO COUNTY REGIONAL STADIUM Sideline Benches (2) $2,100 $2,100 $2,100 001 34 R EQ07-175 Scoreboard $15,180 $0 $0 001 34 R EQ07-176 SPORTS COMPLEX- TRADITION FIELD LCB Loadall $76,195 $0 $0 461 35 N EQ07-177 Cushman Turf Truckster $13,473 $13,473 $13,473 461 35 R EQ07-178 RT Groomer $1,500 $1,500 $1,500 461 35 N EQ07-179 Hvdraulic Sweeper $3,800 $3,800 $3,800 461 35 N EQ07-180 Carrv All Club Cars (2) $11,300 $11,300 $11,300 461 35 R EQ07-181 AIRPORT Brush Truck $35,000 $0 $0 140 36 R EQ07-182 Graople Installation $17,000 $0 $0 140 36 R EQ07-183 Dell 2300 MP Proiector $1,426 $1 ,426 $1 ,426 140 36 N EQ07-184 Dell Poweredae 1800 Server $7,215 $7,215 $7,215 140 36 N EQ07-185 Computers (4) $4,960 $4,960 $4,960 140 36 3R11 N EQ07-186 Obstruction Liahts $60,000 $60,000 $60,000 140 36 N EQ07-187 757 Z-Trax $5,821 $5,821 $5,821 140 36 R EQ07-188 PUBLIC SAFETY ANIMAL CONTROL Pickup Truck $11,500 $11,500 $11,500 102 38 N EQ07-189 MARINE SAFETY ATV 4 x 4 $5,700 $5,700 $5,700 001 41 R EQ07-190 PUBLIC WORKS CODE COMPLIANCE Jeep Libertv 4x4 $16,500 $0 $0 102 44 N EQ07-191 Jeep libertY 4x4 $16,500 $16,500 $16,500 491 44 R EQ07-192 Jeep libertY 4x4 $16,500 $0 $0 491 44 N EQ07-193 Jeep Libertv 4x4 $16,500 $0 $0 491 44 N EQ07-194 Jeep Libert" 4x4 $16,500 $0 $0 491 44 N EQ07-195 RICOH 2020D DiaitallmaainaSvstem $2,533 $2,533 $2,533 491 44 N EQ07-196 Dell poweridae 1850 Server $4,143 $4,143 $4,143 491 44 N EQ07-197 City View Web Server Software $60,000 $60,000 $60,000 491 44 N EQ07-198 Selectron IVR System $123,400 $123,400 $123,400 491 44 R EQ07-199 New Permittina Software $170,000 $0 $0 491 44 N EQ07-200 IMPACT FEE AFICIO 2020D Diaitallmaaina System $2,533 $2,533 $2,533 150 44 N EQ07-201 Jeep Libertv 4x4 $0 $16,500 $16,500 150 44 N EQ07-281 ENGINEERING Dreital TeleDhone System Uparade $23,760 $23,760 $23,760 101 45 R EQ07-202 Smart Board $5,171 $5,171 $5,171 101 45 N EQ07-203 Dual-Core Processors W/19" Monitors $9,768 $9,768 $9,768 101 45 R EQ07-204 Desktop Computers /2\ $2,728 $2,728 $2,728 101 45 N EQ07-205 800 MHz Radio (2) $3,400 $3,400 $3,400 101 45 N EQ07-206 ... _/ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: Parks & Recreation RECOMMENDED: X YES NO REVISED JUSTIFICATION: There were two (2) twelve (12) row grandstands installed at Lawnwood Tennis last year. This year staff is requesting a shade cover to go over one of the grandstands. This cover is perfect for providing safety and comfort by protecting spectators from sun and excessive light This cover blocks 90 percent of the harmful UV rays, and would be a nice addition to the tennis facility. EQUIPMENT REQ#: EQ07-173 ACCOUNT#: 001-7216-564000-7103 "... " , -""'" :>" ""0, '"',,':"', "if ~) ~ ,,::'~ ,r ~.",~. <;<:''',-' . . .. .. ITEM NO. C6.. DATE: Jan. 9. 2007 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: New Emergency Operations Center - Authorize the Board of County Commissioners to approve Budget Resolution # 07-021 for the acceptance of the $6,000,000.00 grant award from the Department of Community Affairs, Division of Emergency Management to aid in the construction of a new Emergency Operations Center. BACKGROUND: Please see attached memo. FUNDS AVAILABLE: Funds will be available through account # 001419-2510-563000-2615. PREVIOUS ACTION: This grant was previously accepted by the Board on County Commissioners on October 10, 2006 in the amount of $6,000,000.00. RECOMMENDATION: Staff recommends the Board of County Commissioners approve and have the Chair sign Budget Resolution # 07-021 for the acceptance of the $6,000,000.00 grant award from the Department of Community Affairs, Division of Emergency Management to aid in the construction of a new Emergency Operations Center. X APPROVED DENIED OTHER: Approved 5-0 COMMISSION ACTION: Dou I;JAnderson County Administrator Review and Approvals ~~agement and Budget: R Lv B fY\ YV\ ~ 0 Purchasing: o Other: o Other: 2 2J06 " Inter-Office Memorandum Department of Public Safety Division of 911 Communications SUBJECT: Board of County Commissioners Jack T Southard, Di~ Emergency Operations C~Ubgrant Agreement #07CP-5M-l0-66-01 TO: FROM: DATE: Jan. 9,2007 ***************************************************************** St. Lucie County has been awarded $6.0 million by Governor Jeb Bush to help in the construction of a New Emergency Operations Center. The new EOC will be located at the St. Lucie County Fairgrounds. -" RESOLUTION NO. 07-021 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Community Affairs to construct a County Emergency Operations Center (EOC). WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 9th day of January 2007, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUES 001419-2510-334202-2615 APPROPRIATIONS 001419-2510-563000-2615 Florida Department of Community Affairs $6,000,000 Infrastructure $6,000,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson Commissioner Joseph E. Smith, Vice Chairperson Commissioner Doug Coward Commissioner Paula Lewis Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED TillS 9TH DAY OF JANUARY 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY , ITEM NO. 7-A DATE: 1/9/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasinq Director SUBJECT: Award of Bid #07-012 -Purchase of one 400 KW Diesel Generator to the lowest responsive, responsible bidder, Power Pro-Tech Services, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: Account #001-1931-546200-15007 (Maintenance Improvement Projects- Health Dept./ Milner Drive) PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to award Bid #07-012 to the lowest responsive and responsible bidder, Power Pro-Tech Services, Inc. for the total amount of $65,879. COMMISSION ACTION: ()C) APPROVED () DENIED ( ) OTHER Approved 5-0 Dou a . Anderson County Administrator County Attorney (X) . (}l l./ ¿- Coordination/Sig natures f<-.~ ~ Purchasing (X~r Other ( ) Central Services (X) Mgt. & Budget QQ Other ( ) Finance: (check for copy. only if applicable)_ , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: December 19,2006 RE: Award of Bid #07-012 - Purchase of one 400 KW Diesel Generator to the lowest responsive, responsible bidder, Power Pro-Tech Services, Inc. Backaround: The generator currently in use at the Milner Drive Health Department is a 5kw unit that was originally purchased to run the laboratory and refrigerators power interruptions. This unit has broken down during hurricane emergencies resulting in the loss of all refrigerated items. It is currently not operating. The new generator shall provide emergency back-up power to run the entire building when necessary. This project was advertised on November 5th, 2006 with December 6, 2006 as the scheduled bid opening date. Three Hundred Sixty Six (366) bid notifications were issued, twenty-nine (29) bid packages were distributed, and thirteen (13) bids were received. Recommendation: Staff requests Board approval to award Bid #07 -012 to the lowest responsive and responsible bidder, Power Pro-Tech Services, Inc. for the total amount of $65,879. NAljc " - r::: ( ) ~ E . 0 1::~t5 cu a. Q) c. . ~ ( )oo C-=-e> Q) c C) a..- r::: a. en .- « ctI U) .J::. cu ._ u .r:::Q)~ ~zæ ~ a. ~ ( ) ~ r::: r::: .2 ~ It- U) c c.! U-cE .! :;; E u c c ~mu ..J ~ ~ - U) r::: ~ c U a::: o I- ~ NW . "I:""z=; 9wa. .....C)O C..J~ =It N CWI-- _U)<C mwCD lÕg Jij;:~ wS::a:: ::I:cw U)cm z"IIt:2 Oww _zfrl l-Oc :5u... ::JOß mwz «U)W l-«a. ::I: ° U a::: ::J a. . In 2: N a¡ ~ en . I oð~~ UI _I'- a¡.!!! Ñ 1ii~1n eno~ UI =-, x ü ~ a. 0 E ~ ~ ''-- o.~cb oð _I'- _aln Q)t:I~ ~¡¡¡t; a¡;::'<t tj0; a ro ..J LI. 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M 0 Ex ~~q 0 0 Eo .c a LI. en '<t 0 COo 0 0 rJ) ~ ò~ ::10 cñ Ice 0 0 >- ¿o cò ro I-W .., 0 C O"t:l~ OJ'" N Ñ :2: en cø ;0 .., 0::: .-- N~ "¡:; In roroN ÕO ::Ice IÕ I'- -c"t:C") 110 !:2::2 ro '§O":"":, 0 v. e", tit a¡ .-- - x 0 .s~ >- LI. ro &J<t: .-- LI. .-- In X . I'- . ..J N en 0 ga::: clJ.....b .....J 't rJ) ~..¡. 0 rJ) >- W -CD Q MM Q Ìij ro8'<t ~~ 't ro a> 0 C =(¡jÑ a.o II) :::::I a¡ ,g¡ä:1'- 0:::0 Ô üW i:i >- 0 ~~ .E N 0 ~.,.;t: 110 enz .-- c tit « LI. .. X : : : ro LI. Ìjj ( J Q Ìjj( J Q ~"t:I U ~"t:I U ro a .t: ro a .t: :2::2: c.. :2::2: a.. (; ... .g! 1i! UI Uì 0::: a¡ ~ a¡>- 0::: a¡ l- E tII .- "t:I C> U >- 1-... ~ ~ ë ~.¡g E.c ~ a¡ 0::: a.8 .~ ( J 0 '5 ";: ~ Qjlii 0 '<t «en c~ I'- o i:O .-- -- .-- UI >- ro C o '<t .-- UI ~ ïi x a¡C") CI"- 0::: .. 'Õ "C .;:: Q) a.> it "ëi) U Q) ... UI "C :c - o ... .Q) -~ ~ E «:::::I ~Z x .- w~ Ñ.. ~"C Ü~ ... :::::I .g!~ 'ë -¡: æ~ -,"C >-!J .Dc 't Q) SE S:::::I :::::I U .co CO"C 1-- i.:O B ... ro Q) ,£~ "EE a :::::I 8Z -CD æ<D EC") ~ .. ~"C u Q) a¡¡:: e:.. _ 0 a C .£ UI E Q) õ'c :¡¡:g, .= E :ß 0 OU .. - >-0 .c ... 't Q) Q ~ C E 8.:::::1 OZ UI >- tII o o I'- rJ) >- ro o o In .-- I o N .-- UI >- ro o N .-- .-- I co en UI >- ro C o en Uì a¡>- E ro .- "t:I 1-... ~.¡g ( J 0::: .~ a¡ Qjm c~ ~ ITEM NO. 7-B DATE: 1/9/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasinq Director SUBJECT: Permission to Advertise a Request for Proposals (RFP) for the development of a St. Lucie County Research & Education Park Conceptual Master Plan BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: Funding from TCERDA Budget PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests the Board's permission to advertise an RFP for the development of a St. Lucie County Research & Education Park Conceptual Master Plan. ()O APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 Dou a . Anderson County Administrator County Attorney (X) :A Coord ination/Sianatures Central Services (X) Mgt. & Budget ( ) Other ( ) Purchasing (X~ Other ( ) Finance: (check for copy, only if applicable)_ , PURCHASING DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Neil Appel, C.P.M., Purchasing Director~ TO: DATE: January 2, 2007 Permission to Advertise a Request for Proposals (RFP) for the development of a St. Lucie County Research & Education Park Conceptual Master Plan RE: Michael Brillhart, Strategy and Special Projects Director, has developed the four-phased Scope of Work, and staff is requesting permission to advertise the RFP for the development of a St. Lucie County Research & Education Park Conceptual Master Plan and an accompanying report. The Conceptual Master Plan and Report will include the following information. 2.2.1: Phase One - Master Plan Report: Plannina Framework · Introduction including background, information and goals about stakeholders including the Treasure Coast Education, Research and Development Authority (TCERDA), its relationship with the University of Florida, the University's future plans for its land within the Park, and goals of the School Board and Board of County Commissioners.. · Analysis of land use, zoning and development patterns for the immediate surrounding area. · Identify phasing of Zone A and Zone B (attached Map "An) into 1-5'year, 6-10 year, and +10 year increments. · Identify market and development issues relating to agricultural and life science research and education. · Identify future planning and development criteria including: Statement of intended pattern of development and leasing, specify quantity of land by acreage, propose a master sublease for Park tenants. · Prepare building architectural graphic standards with a common design theme. 2.2.2: Phase Two - Master Plannina Analvsis · Understand the local jurisdictional requirements and procedures through building code conditions · Identify and/or analyze all available existing boundary and topographical surveys, wetland surveys, geotechnical surveys, appropriate aerial photos, tax maps, etc · Analyze external transportation systems adjacent to the site · Identify primary and secondary access points into the site · Propose preservation of wildlife habitat and significant vegetation as appropriate · Identify sensitive upland areas · Analyze all land use and zoning applications on site · Review concurrency requirements, regional impacts and resources · Conduct a physical on-site analysis to identify visual quality, cultural resources, vegetation quality and all other physical characteristics of site ITEM NO. 7-B DATE: 1/9/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel, Purchasinq Director SUBJECT: Permission to Advertise a Request for Proposals (RFP) for the development of a St. Lucie County Research & Education Park Conceptual Master Plan BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Funding from TCERDA Budget PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests the Board's permission to advertise an RFP for the development of a St. Lucie County Research & Education Park Conceptual Master Plan. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED () DENIED ( ) OTHER Douglas M. Anderson County Administrator County Attorney (X) :A Coordi nation/Sianatures Central Services (X) Mgt. & Budget ( ) Other ( ) Purchasing (X~ Other ( ) Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Neil Appel, C.P.M., Purchasing Director~ TO: DATE: January 2, 2007 RE: Permission to Advertise a Request for Proposals (RFP) for the development of a St. Lucie County Research & Education Park Conceptual Master Plan Michael Brillhart, Strategy and Special Projects Director, has developed the four-phased Scope of Work, and staff is requesting permission to advertise the RFP for the development of a St. Lucie County Research & Education Park Conceptual Master Plan and an accompanying report. The Conceptual Master Plan and Report will include the following information. 2.2.1: Phase One - Master Plan Report: Plannina Framework · Introduction including background, information and goals about stakeholders including the Treasure Coast Education, Research and Development Authority (TCERDA), its relationship with the University of Florida, the University's future plans for its land within the Park, and goals of the School Board and Board of County Commissioners.. · Analysis of land use, zoning and development patterns for the immediate surrounding area. · Identify phasing of Zone A and Zone B (attached Map "A") into 1-5 year, 6-10 year, and +10 year increments. · Identify market and development issues relating to agricultural and life science research and education. · Identify future planning and development criteria including: Statement of intended pattern of development and leasing, specify quantity of land by acreage, propose a master sublease for Park tenants. · Prepare building architectural graphic standards with a common design theme. 2.2.2: Phase Two - Master Plannina Analvsis · Understand the local jurisdictional requirements and procedures through building code conditions · Identify and/or analyze all available existing boundary and topographical surveys, wetland surveys, geotechnical surveys, appropriate aerial photos, tax maps, etc · Analyze external transportation systems adjacent to the site · Identify primary and secondary access points into the site · Propose preservation of wildlife habitat and significant vegetation as appropriate · Identify sensitive upland areas · Analyze all land use and zoning applications on site · Review concurrency requirements, regional impacts and resources · Conduct a physical on-site analysis to identify visual quality, cultural resources, vegetation quality and all other physical characteristics of site J · Analyze already identified existing and future infrastructure and utility locations and requirements · Flood plain and preliminary wetland review After Phase Two, conduct a review meeting with the TCERDA in order to update all to the site development opportunities and constraints. Also, finalize a development program for the site. 2.2:3: Phase Three - Conceptual Plan Alternatives Based on information established in Phases One and Two, develop conceptual alternatives including, but not limited to, the following information: · Review and revise vision and priorities of the project · Physical data of ecology and topography of the site and the adjacent land uses · Structures/utilities and site character, visual spaces and views · Access to and from the site, internal transportation opportunities and limitations · Entrance opportunities and the most ideal location for the main entry · Impact of easements, zoning and other regulations · Site character and vegetation · Environmentally sensitive areas · Storm water management considerations · Diagrammatic site relationships of proposed uses · Individual lot sizes and placement · Jurisdictional wetlands · Common retention/detention and open spaces · Extension of utilities distribution system, storm sewer system; electric, gas and cable lines Develop several conceptual alternatives that best illustrate the desires of the TCERDA. Present these conceptual alternatives to the master plan review committee and other interested parties. The purpose of this meeting is to select a final master plan concept. 2.2:4: Phase Four - Final Conceptual Master Plan · Preparation of a Final Conceptual Master Plan. A rendered plan at an appropriate scale to fit on a 30" x 40" sheet, accompanied by character sketches, three maximum, depicting the intended design character of the site and a summary Report will be submitted to the TCERDA. Recommendation: Staff requests the Board's permission to advertise an RFP for the development of a St. Lucie County Research & Education Park Conceptual Master Plan. NAljc AGENDA REQUEST ITEM NO. C81t DATE: January 9,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Agreement with Inwood Consulting Engineers for additional professional engineering services regarding the 4-lane design of Walton Road, from Village Green Drive to Lennard Road. BACKGROUND: See attached memorandum. FUNDS AVAIL.: Funds will be made available in: 101006-4116-563005-41011 and 101006-4116- 563021-41011 Engineering Reimbursables, Transportation Trust/Road Impact Fees. PREVIOUS ACTION: 7/26/01 - The project was authorized for advancement from outside the five-year work program. 9/9/03 - The Board approved the short-listing of three firms (LOI #03-073). 1/18/04 - RFP #04-024 was published for construction-level design services.. 3/9/04 - The Board approved authorization to negotiate with Inwood Consulting Engineers for the design of the Four-Lane Roadway Section of Walton Road. 12/20/05 - The Board approved award of the contract to Inwood Consulting Engineers in the amount of $741, 483.77 for the Four-Lane Design of Walton Road from Village Green Drive to Lennard Road. RECOMMENDATION: Staff recommends the Board approve the First Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $78,336.07 for the additional coordination efforts, sub- consultant fees and stormwater re-design of the Four-Lane widening section of Walton Road, from Village Green Drive to Lennard Road, and authorize the Chairman to sign. COMMISSION ACTION: '~1 APPROVED rl OTHER: [ ] DENIED Approved 5-0 Do anderson County Administrator Ix] County Attorney k Ix] Project. Manager ~_ ¿ Ix] Road & Bridge ~_ Coordination/Sianatures Ix] Mgt.&Budget ~ '(0 ~vY\.~IX] Originating Dept.PublicWorks ~~. Ix] Fiscal Coordinator ~ tI s¿ I I ] Purchasing Dept ~ I] MSBU Coordinator [ .] (Check for copy only, if applicable) DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVf DATE: January 9,2007 SUBJECT: Agreement with Inwood Consulting Engineers for additional professional engineering services regarding the 4-lane design section of Walton Road, from Village Green Drive to Lennard Road. The County continues to work with Inwood Consulting Engineers for the development of the design ofthe Four-Lane Widening Section of Walton Road, from Village Green Drive to Lennard Road. On August 2, 2006, Inwood Consulting Engineers provided a scope of services and cost estimate for additional engineering services and coordination efforts to be performed for completion of the design. The additional efforts include; contamination assessment efforts, which could not be identified at the beginning of the project but are necessary for permitting, acquisition services for a stormwater pond, aerial photography, and additional efforts required for coordination with the City of Port St. Lucie, the CRA and Lennard Road Consultants. The attached agreement, as prepared by the County Attorney, is with Inwood Consulting Engineers for professional engineering services for the Four-Lane Design Section of Walton Road from Village Green Drive to Lennard Road in the amount of $76,336.07, for a total project cost of $817,819.84. FIRST AMENDMENT TO DECEMBER 20,2005 AGREEMENT BETWEEN ST. LUCIE COUNTY AND INWOOD CONSULTING ENGINEERS, INC. THIS FIRST AMENDMENT is dated this day of ,2007, by and between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida (the "Owner"), and INWOOD CONSULTING EN:GINEERS, INC., (the "Consultant"). WHEREAS, on December 20,2005, the parties entered into an Agreement wherein the Consultant agreed to provide professional engineering services to design and pennit the four- laning of Walton Road from Village Green Drive to Lennard Road (the "Agreement"); and, WHEREAS, on August 2, 2006, the Consultant submitted a Proposal for Amendment #1, attached as Exhibit "A," stating that the scope of work and the fee and payment schedule must be revised. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement to expand the scope of services and revise the fee and payment schedule as stated in the Proposal for Amendment # 1. All other tenns and conditions of the Agreement, as amended, are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESS: INWOOD CONSULTING ENGINEERS, INC. BY: ~~C1.CJ~ NAME: 'Do.......:d t+. (lnl~rvr:t.n TITLE: V ic.e P("e.~·Id.er;+ EXHIBIT HA" August 2, 2006 SLC-011-01 Michael Harvey, E.!. St. Lucie County Engineering 2300 Virginia Avenue 2nd Floor Annex, Room 229 Ft. Pierce, Florida Re: Four-Laning Walton Road from Village Green Drive to Lennard Road Proposal for Amendment #1 Dear Mr. Harvey: Please find attached the Proposal for Amendment No.1 for your consideration and approval. This Amendment provides additional Inwood and subconsultant services for the project. Geotechnical services (contamination assessment) which could not be identified at the beginning of the project, but are necessary to accomplish the design and permitting process for the roadway are included. Acquisition services for a stormwater treatment pond are included. And geo-referenced aerial photography is included to provide an aerial background on the design plans. The additional Inwood fees are included for coordination efforts required with the City of Port St. Lucie, the CRA Consultant (Culpepper and Terpening) and the Lennard Road Consultant (CAPTEC Engineering). Thank you for the opportunity to provide these services to the County. Very truly yours, INWOOD CONSULTING ENGINEERS, INC. ~~SJ~.~ David G. Coleman, P.E. Project Manager 810 ClII,i, Street . Oviedo, " C)ftI c& ·2 1! CDftI _c.... WI c . .- . 0 :>...IZ ::>0" "C..c co t ~ o'C " ~Cc .. c . c:~ o .. .,.c -. COQ ~~ ~ i ~ lfi 'šE! ;! ~-8~ Iii :-:o~ jli "5 III ~,§jj 8i!!~ Iii ~I I J I , ' I I ; ! ' I .. ~ ' il~ " ! . 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LINE-TO-LINE TRANSFER REQUEST DEPARTMENT: ENGINEERING 07-29 DATE: 12/19/06 TO: 101006-4116-563005-41 011 Walton Rd. $26,224.00 $20,246 Infrastructure - En . 101006-4116-563021-41011 Walton Rd. $23,172.00 $8,695 Infrastructure - Reimb. $49,396.00 FROM 101006-4116-563000-41011 Walton Rd. $49,396.00 $258,560 Infrastructure REASON FOR TRANSFER: $49,396.00 Estaþlish fundin as scheduled for Board a roval on 1/9/07. CONTACT PERSON: DEPARTMENTAL APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: ~arnt ". - (jvrtt t Ý :, IJ PHONE #: 1708 OMB NOTES: $98,792 INPUT DATE: LlNE-TO-LINE TRANSFER #: INPUT BY: DOCUMENT #: _M'__ AGENDA REQUEST ITEM NO. cab DATE: January 9,2007 REGULAR [ ] PUBLIC HEARING [ CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): ROAD & BRIDGE DIVISION (4108) ~Donald Pauley Road & Bridge Manager SUBJECT: Revise the dollar amount on EQ07-207 from $18,000 to $21,895 to purchase a 4" Trash Pump on a Trailer from MWI Pump Rental. BACKGROUND: EQ07-207 (4" Trash Pump on Trailer) was approved in 2006-07 budget for $18,000 to replace PR# 40-3098. This pump is designed to pump water from ponds, canals, roads and other places that water accumulated. It will be used in various Special projects. Road & Bridge has received three quotes and the lowest quote is from MWI Pump Rental for $21,895. Since this amount is higher than the original amount requested, the Equipment Request needs to be revised. Savings from the purchases of a Lowboy Trailer (EQ07-211) and two Motorola Dash Mount Radios (EQ07 -212) & (EQ07 -213) will be used to fund the difference in cost for this equipment request. BudQeted amount Actual Cost SavinQs $55000.00 $51564.00 $3436.00 $ 2000.00 $ 1700.00 $ 300.00 $ 2000.00 $ 1700.00 $ 300.00 $59000.00 $54964.00 $4036.00 Lowboy Trailer (EQ07 -211) Motorola Dash Mount Radio Motorola Dash Mount Radio TOTAL FUNDS AVAilABLE: 101003-4108-564000-400 PREVIOUS ACTION: EQ07 -207 was approved in 2006-07 Budget. RECOMMENDATION: Approve revising the dollar amount on EQ07-207 from $18,000 to $21,895 to purchase a 4" pump from MWI Pump Rental. COMMISSION ACTION: hl1 APPROVED rl OTHER: [ ] DENIED Approved 5-0 Dougl s . Anderson County Administrator Coordination/Sianatures [X] Mgt & BUdget~ [ X ] Co. Engineer . [X] Purchasing ~"'./ [X] Road/Bridg~ Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: PUBLIC WORKS RECOMMENDED: X YES NO X REVISED JUSTIFICATION: This new trash pump is designed to pump water from ponds, canals, roads and any other place that water has accumulated. It will be used for Special Projects and will be an asset for any future hurricanes. This new pump comes on wheels and is portable. It is designed to work for dewatering projects or for pumping large volumes of water. It is made to run dry and not hurt it. The old pump is a 19953" Diaphragm pump (PR# 40-3098). Revised Budget amount: from $18,000 to $21,895. EQUIPMENT REQ#: EQ07-207 ACCOUNT#: 1 01 003-41 08-564000-400 DEPARTMENT: DIVISION: EQUIPMENT: BUDGET AMOUNT: JUSTIFICATION: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 PUBLIC WORKS ROAD & BRIDGE - DRAINAGE RECOMMENDED: X YES NO NO APPROVED: X YES 4" TRASH PUMP ON TRAILER $18.0001 INEW Ix I REPLACEMENT ADDITIONAL COSTS YES X NO '" This new trash pump is designed to pump water from ponds. canals. roads and any other place that water has accumulated. It will be used for Special Projects and will be an asset for any future hurricanes. This new pump comes on wheels and is portable. It is designed to work for dewatering projects or for pumping large volumes of water. It is made to run dry and not hurt it. The old pump is a 1995 3" Diaphragm pump (PR# 40-3098). IACCOUNT#: 101003-4108-564000-400 EQUIPMENT REQ#: EQ07-207 REVISED REVISED , FgOM (TUE) DEC 19 2006 13: 29/ST. 13: 28/No. 6801196195 P TriSh PIHII I&, LJtge VOlUme P\ImØI. RdIl8O" WfllpoinI ~ pump, Jøll'Ump. and I'nmøRne" StI'·PnminQ Pump RII1I3IB ---- PUMP RENTAL December 1 5, 2006 St. Lucie County Board of County Commissioners Re: quote for purchase of pwnp Attn: Tammy Fax: 1-772-462-2363 We appreciate your concern in our products and services and are pleased to quote you the fonowing price.'\ for the purchase of the following: 1 - HTC004 four inch hydraulic pump head $ 2.250.00 I - 800D Diesel driven water..cooled drive unit I - Pontoon float $ 17,750.00 $ 1,500.00 $ 395.00 1 - Trailer mount kit Total......... S 21,895.00 ** Prices good for thirty days ** ** Does not include any applicable taxes ** If after reviewing this proposal you have any further questions or need assistance, please contact me at 1·772-360-6036. Thank you. Ron Anderson Field Representative MWI CORPORATION 01/02/2007 11:25 FAX 7724822383 FROM FROM 'I l oJ ~ f of i ~ r. ~ !III jI ~ Ii .ë I , F. ~ ~ ~ 003/003 (T U E) J AN 2 2007 9 : 3 B/S T. 9: 3 4/N o. 68011 9 6 2 4 6 P 2 (MON)JAN 1 2007 21 :32/ST. 21 :31/No. 6824351050 P 1 l' ii§~ 1 ~ ft:; J; ~ I; !r~ ~t1,il¡ II ~n 1 Ji'J = ~~ t ~ I ~ n '" ~ It .11 ~ i 11 f~ 1 !J ~ ¡ r ãh J. rh i ~ H l!iit1¡ II ãU ~ n~ : t U ~1.i·:·.a ¡ I ~~I ~ Ii] l' j H :1.iil,1 .1 ~ I t I- ~ 3' J ! ; ; ; i 1i'1 !, L ~ !f ~ . H~ ~ i 1 e Hh!~ rJ ~ 0 . ~ oS' i I t 11ft t (1'1 i ~ §¡ I It; Ii § 1 l !1"Jlh 'ä!~ is 11:r of .. ~Srlr2:1 e s. J' r t fI != If B .... e::: ~~ I. 1 ~ e ;. :: II ~ =J I ~ i 1 U. {I. 1 Hi H f oQ ¡;: -IIi L !f'p'" ~!~ l h i i at !:i{it'Ii;Îr' ~ i ~ i !. 8 .. ï " ' Q, =- 8 II ì'- t $f' _ ~ ~ t ] ¡ 2. I, , fl ~.J Ii i U i ¡ t f' ¡ [ f ~1 i a . ~ ~ f. 1 1 _.f ;..~ f : t- ~ .. i II t t .6 ~ H!.tJ i ~ i H i· I §. ~ § õ !. í ! t r ¡. 1 t II .1.1. r fro o a ~g . c: ...~f8-a i~ i uJ' i !i·tt;¡ I f ¡: f :I!: ø. 'f ~ !! ~ .. ~ III III ~ >- ~ ':%j ~ ~ = t:j ~ cñ. t"-I ...... s= =3 ~ t::' ~ == ::d > ~ DEC-18-2006(TUE) 08:54 Southern Track & Pump (FAX)772 464 3256 P.002/003 Þ "'WeÜsten We CiJre, We Perform" 2200 N. Kings Hwy. RETAIL PURCHASE ORDER n tll Ð. Ft. Pierce, FL 34951 Do/he,n 7aC.. & rump Tel: (772) 464-3255 / Z-/Ç-~ 1462 . Fax: (772) 464-3256 / f?~~ 8'1 ~/Z.Ic. /I8fL~.uII ~Á¡p 4(P2...Z:S,/ C=OMERNAM~Ji¡ßl)~UJrds.s- be¡. ~.¡~~ j) VI$lðt.l. . _4t,z-£,s(d STREET OR ROUTE NO. CITY SlAl E ZIP COUNTY QTV I'4I!wN~aÞ IAOþG!- SERIAL NUMBER UNIT II DI;SCRIPTlON AMOUNT I fJ PA44tJtJ.. ~J.6D . 1/53 ~ ~~~t;¡.J- ~tlO ~#fI\D . .P Æ..s IV ¿;- LI _ $ 3r US:" I W/"-MI t..c-£ t:,¡.-r I ß I 5"0' 41' /Gtw~ F/6X S(/(!!,fjdß 1Iz,..$6' 510.0- I S"o' 4" ~'I. ---, þ,sc:. /L - .!b$i.- 4-c:::::\!:).ø. ,,~ - C 1- z 4-" S. L1 -r "7"Í ~ - / &,5: DO z., z- 4h &w/~ A/-~~ I 95, ... / / - :;5i/c..'17I'JU <'- ~ J /,(Ä(2 ~ BILL OF SALE FOR PROPERTY TAKEN IN TIlADE TOTAL CASH s-=>~ ç PRICE Far nluo ",oolwd IIwe ho",Þv þDr .tn and ",,11. g,anlond [ "II~ 10 OfALfR no""'" I"'¡.... TRADE IN MilKS MOÞel. Sel'!!1\1. NUMIiII;R DESCRIPTION AMOUNT 'ALLOWANCE $ 32 4%:~ .- $ TRADE $ DIFFIiRENCE SALES TAX $ TOTAL DUE $ CASH SUBMITTED $ WITH ORDii:R lIWe t1ereDy cenlIY Inst tnere 18 no Den. claim, debt, mortgage. or IncllmbnmCII 01 MY kind, nalure Of d(l3Cf1pUon TOTAL $ CASH DUE $ agnln$t Inls propefty now existing, 01 recortJ or oltierwlse, nnd 1M! :;¡IIno I" froc ~nd rJo~r ;ond i~ mY/Ollr ¡.(>Io ~n¡ TRADE IN ON DEI-IVERY ~broDllJtn plDl'nr1y. ALLOWANCE AMOUNT TO BE $ SICNED: FINANCED (IF ANY) PURCHASER'S REQUEST TO,· PROVIDE FINANCING (TO BE COMPLETED ONLY IF DEALER IS TO PROVIDE FINANCING) Tho purchasor understands that the abovo Retail Purchase Order Is on a cash price basis. Tho dealer will, howover. attempt to providE! financing for such purchase if purchaser so requests., pursuant to a separate finance contract on a mutually acceptable terms, subject to normal credit qualificatíons. THE PURCHASER'S SIGNATURE AT THE BOTTOM OF THIS PARAGRAPH ACKNOWLEDGES THAT THE PURCHASER HAS REQUESTED THE DEALER TO PROVIDE SUCH FINANCING. Purchaser's Signature WARRAI\I1'Y PROVISIONS UNDER ANy OF THt: BELOw USTEO WARRANTIES IT IS BriLL 'l'HE BUY¡::I~'S HI:SI'ONSI~IUTY fon ANY nEf"AIR!:: WHICH FlIOSUI..T FROM ACCIDENTS, MISUSE OR NEG1.IGENCr.. AI.I.. WARFlANìY PROVISIONS ARE EO,B. OUR PLACE OF BUSINESS. THEfu: IS NO WAI'U1ANTY OIV£N By DEALER FOR TIRES. BA' ,Tt:HIt:S On ACCI::SSOmES. o SOI.D USED AS IS, NO WARRANìY OF ANY KIND HAS BEEN GIVEN BY THE DEALER OR HIS AGENT. U SOLD USED WITH 50-50 WAAr.lAN'1'Y. "He DEALER HEREBY CUARANTEES 1'HIS ('I1-1I!Sq MACI·IINI:(S) _ r-OR DAYS FROM DATE OF DELIVERY, WITH TI·rE UNDERSTANDING THAT NECESSARY C~~~K REPAIRS MADE IN ' ,HAr ,'¡:mOD Of TIME WILL ~Iö CHAI~C~D HALf TO THE BUYJ:::R I\ND 1·II\Lr- 10 1'1-11; DEAl.ER OF THE TOTAL RETAIL COST OF PARTS AND LABOR USED, DRIVE TRAIN ONLY - ENGINE. mANS. & RËAR END, o fiOl.O NI;W WITH TI-IE MANUFACTURER'S STANDARD WARRANTY. o TO 111; IN GOOD WORKING ORDER ON DELlVEI'tY. EQUIPMENT SAFETY CHECK 1. ALL GUARDS IN PLAOE AND t'OIN1'S 01' DANGCFI PROTI;CTF.D, 2. EQUIPMENT MODIFIED OR ALTERED (OIVE 1Jr:Ti\ILS AND DATE ON FlI;VT;FlSr:: SIDE), :I. IN!ITRUCTlON DOOI<LGT PROVIDED, 4. OPEI;IA'I'ING IN$'I'I~UC'nON$ GIVGN, 5, CUSTOMER REFUSES ROLLBAA. I UNDEI~$ lAND I'ULLY THE OPCRI\TION or: 1'1'113 PIECE OF EQUIPMENT. ' YES NO o 0 o 0 o 0 00 00 x CUf,TOMGR SIGNATURE LJAIE Purchaser has read all of the provisions on both Lhe {(-tce and reverse side of this RETAIL PURCHASE ORDER, including the reference to warranty, as printed, concorning Tractors, Equipment. Consumer Products, and specifically Lhe dealer disclaimer of wom,mty on now units which appears on Lhe revcrsc_ Purchasor agrees th<Jt ::111 such provisions are part of this Order and Lhat this order supersedes any prior agreement and is tho complete and exclusive agreement on the subject matters covcred by the Order, Purchaser's signature hereto ACKNOWLEDGES THAT HE HAS RECEIVED AND READ A COPY OF TI-IE APPLICABLE WARRANTY. THIS ORDER IS VALID ONLY WHEN SIGNED ANO A FINANCE SOURCE AGREES TO PURCHA$E A RETAIL IN$TALLMENT CONTRACT BE1WEEN THE PURCHASER AND THE DEALEI~ BASED ON THIS ORDER. Purchaser certifies ho is of majority ago <1nd has received a true copy or this Order. PURCHASER'S SIGNATURE I HAVE READ AND UNDERSTAND "HI¡ "EI'IM$ or- Tlie: MANUFACTUReR'S WARRANTY. C)VES ONO DATE $A1.ESMA WHITE: DEAL ACC~PTf;D BY; PINK: SALESMAN COPY (DCALe:R'S SIGNATURq DEC-]8-2006CTUE) 08:54 Southern Track & Pump CFAX)772 464 3256 P.003/003 h :"We Listen We Care, We Perform" 2200 N. Kings Hwy. ,II" .11 a Ft. Pierce, FL 34951 OUUI/Jrn Trac.. &r'ump Tel: (772) 464-3255 /1-/!-ð(¿' 1463 .'. ~:. (772) 464-32.56 ~ '¡UE1tJ By {?DPf.!..l: 1/J1"1/Z.1 "K. DATE 112- 4r¿...zs/1 ~~ fBø~ -DVlsfol-l ~ 4-(,Z"':?~~:S , RETAIL PURCHASE ORDER CUSTOMER NAME: ¥¡,[¡,:.. ().)IJ~ rb€f.' SI RI::I: I OH ROUI E NO CIIY STATE ZIP COUNTY C'TY NEWIUSED MODEL SERIAL NUMBER UNrr .. ÞSSCFUP1'ION AMOUNT I ,9>-fJ-L I~ '- R...dOD .?&<tJj..::-o~ II J .,-r ~,... -rë:íÞrd~ $ Z4. C¡5Q~ I ' 61/[PA ~/.. ,Úq¡) µ !.lIDO'" , _A~ /;# ~ ::>. SIlO, ~ .... I 5Ò' . PAt/2 17~ /'1 1lui>1UV£¿ //L_ _ I ~~z.'dl' , BILl. OF SALE FOR PROPERTY TAKEN IN TRADE 'tOTAl. CASH $ 33 Z?¿,I) 1 PRICE For ...Iue ",..,¡"".¡ !/we h~""'" bol'lla!n and ""I~ lI",nl ~nd deliver I" DfALfR named ""I_ TRADEiIN $ . MAKE MODEl. SERIAl. NUMaER DI;SCRIP1'fOI'l AMOUNT 'ÀI.I.OWANCe S TRADE $ DIFFERENCE SALES TAX $ TOTAL DUE S CASI-i $UaMmetJ $ WITH ORDER VWe nereÞv certifY tnllt tnere 18 no lien, claim, deD~ mortgage, or IncumDranC$ 01 tlnv 1OOd, nalUr9 or Cle8<:rlptlon TOTAL $ CASH DUE $ i conln.! ltd. P~r1Y now n.l.tln~, Of r1'çoro or otMrwl~e, 11M IlInf "I1mo I. !!'On cnO çlnnr 1100 ~~ rnvl(\\1f' 9010 11M, TRAD[; IN ON DEUVERY I ..b~alul~ proporly, ' ALLOWANCE i SIONt:Ô: AMOUNT TO BE $ FINANCeD Ï1F ANY) PURCHASER'S REQUEST TO·PROVIDE FINANCING (TO BE COMPLETED ONLY IF DEALEÁ IS TO PROVIDE FINANCING) The purchaser understands that the above Retail Purchase Order ìs on a cash price basis. The dealer will, however, attempt to provide financing for such purchase if purchaser so requests., pursuant to a separate finance contract on a mutually accoptable tarms, subject to normal credit qualifications. THE PURCHASER'S SIGNATURE AT THE BOrrOM OF THIS PARAGRAPH ACKNOWLEDGES THAT THE PURCHASER HAS REQUESTED THE DEALER TO PROVIDE SUCH FINANCING. Pu rchaser'g· Signature WARRANTY PROVISIONS UNDEn ANY OFTHE BELOW US'Tr:D WARRANTIr:S IT IS STILL THr:: ßuvr:¡:¡'S l'u:f.;PQNSJI)II.!TY FOR ANY REPAIRS WHICH RESULT FROM ACCIDENTS, MISUSE OR NEGLIGENCE. ALL WARRANTY PROVISIONS AJ-I~ t'.O.t!. aUI' PLACE or ßUSINr:SfJ. TI'ir:Hr: IS NO WARRJlNTY GIVGN DY D8\LI:R FOR TIRr.:S. JATTERIES OR ACCESSORIES. o SOW USED AS IS, No WARRANlY OF'ANY KIND HAS BEEN GIVEN By 1'HE l1t:ALEn on HI::: AOENT. U SOLD USED WITH 50-50 WARRANTY. THE DEALER HEREBY GUARANTEES THIS (1'HESI:) MACHINqS) 1'011 DAYS rROM DATr: Dr: DI:LlVI:RY, WITH nil: VNDIiRSTANDING THAT NECESSARY :::OHECK REPAIRS MADE IN THAT PERIOD OF TIME WILL BE CHARGED HALf 10 'rHI: t:lUYER AND HALl' TO TI'II:: NE DEALER OF nil: TOTAl. RETAil. COST OF PARTS ¡\ND LABOR USED. DRIVE TRAIN ONLY - ENGINE. TRANS. & REAR END. o SOLD NEW Wl'rH THE MANur^CTVRr.A·~ STANDARD WARRANTY, o TO ßI: IN GOOD WORKING ORDER ON DELIVERY. EQUIPMENT SAFETY CHECK 1. ALL I;;UI\RDS IN PL,AC¡¡ ¡\ND POINTS OF DANGER PROTECTED. 2. EQUIPMr:NT MODIr:II:D OR AI.TI;RliO (GIVF. DETAILS AND DATE ON REVERSE SIDE). :1. INSTRUCTION DOOKLET PROVIDED. 4. OP~HAnNa INSTRUCTIONS GIVt=,N, 5, CLlSTOMER REFUSES ROLLBAR. I uNLJI::RS1:ANLJ fULLY THE OPr:RATION Or: nil$. . PIECE OF EQUIPMENT. . YI:S NO 00 o 0 o 0 o 0 o 0 x CUSTOMER SIGNI\1UH~ DATI; Purchaser has read all of the provislong on both tho faco and roverse side of this RETAIL. PURCHASE ORDER, including the reference to warranty, ~s printed. concerning Tractors', Equipment, Congumer Products. ;;Jnd spocifically tile dealer disclaimer of warranty on new units which appears on the rcvorso. Purchaser agrees tt)at aU such provisions arc part of this Ordor ;;Jnd that tllis order supersedes any prior agreement and is tile complete and exclusivD agroement on tile subject matters covered by the Order. Purchaser's signnturo horeto ACKNOWLEDGES TI-IAT I-IE HAS RECEIVED AND READ A COPY OF THE APPLICABLE WARRANTY. TI'11S ORDER IS VALID ONLY WHEN SIGNED AND A FINANCE SOURCE AGREES TO PURCHASE A RETAIL INSTALLMENT CONTRACT BETWEEN Tl'IE PURCHASER AND THE DEALER BASED ON THIS ORDER. Purchaser certifies ho i:; of majority age and 'las received a true copy of this Order. PURCHASER'S SIGNATURE I HAVE READ AND UNDEnSTANDTHETEnMS 01' 'r¡' ~ MANUFACT!JRF.R'6 WARRANTY. DVES DNa DATE SAI.ESMA ACCEPTED BY: WHITt:: DI;AI.ER COPY CANAIiY: CUSTOMI;A COpy PINK; SAL.S;SMAN COPY (DEALER'S SIGNATURE) ,Dee. 7. 2006 9:39PM THOMPSON PUMP No. 0302 r ~ THOMPSDN I -PUIfAP Limited Warranty CONDmONS OF SALE Exp.J!UIUt c. lNNa....TlDN This LlMtTED WARRANTY is extended only to !be original coDsumer/pmclwcrofprnc!ucfz¡ manu1àdum! by ThOmpsoD Pump &; Mfg., Co., Inc., P.O. Box 291370, Pen: Oracge, Florida, 32129·1370. TelepbO'lc oumber: 386-767·7310. Tbompsoo Pump &; Mfg., Co., Ine, hc:n:ioafter referred to as ''Thompson'', wm'lQltS the producfz¡ it manufacnues to be ûcc of dcfccfz¡ iD materials snd warlaoanship. The WlU11lIlty extends only to the original consumcrlpmcbaær, bc:reiœfter refemd to as "CoD5lllllCI", BOd COIJIIIICDCCS OD the date ofssle to said CODauItICt and remaiœ iD effect for a period oftwclvc (12) months. nos W~DOESNOT COVER: II. Adjustment or replacement of mainteœnce items IItId wen pan$, lucb as but DOt limited to, seals, beatings, lubrication and filœra. b. Any worlc pcri'ormcd to I:Om:Ct malfunction caused by misuse, nea1iscocc or dim:gaId of Thompson's W\'Íttcn iOStructiODS OOIK:CI1IÌDg íns1BllatioD, opcratioo 8I1d maiJlteaanee of its products. c. Additiooalscrvice work performed above that which is requifed to satisfy wammty n::quirements. d TœI5portatioD cl:rmges, baul-out, tnlvel time,loss of use, or other consequential charge or damage. e. Any damage CllU5cd by 5BIld or abrasive materials" cbemieal deposits, C01tOSiOIl, hazardoWl waste or matedlll, acts of God Dr other outside forces beyond the control of ThompSOn. f, Eogjnes, electric motors snd other items DOt of 01.11' man~. WlImOty 00 those itClllli, if any. is the ~ty of the msnufactun:r ofsucb items. g. RepaÏI3 or replacement made without authorization 110m ThOft\'SO!l or re )ll.il'!J made other than at a service 1àcility dqiptro by ThompsoD. h. Delivery schedules arc Dot IIOvc:rcd by 811)' warranty terms, and ,]I date!! sivco arc approximate 8I1d subject to chansc withont notice. In the event of any breacb of !be warranty, !be origiDal CoDsumet mU$t dclivcr or ship the defective \II1it or p~, fJcight prepaid, to the factory or any of the Thompson authorized parIS and servke cellters, pl'ovidioS prior pcmUssiOD is obtaiDed froro the íactmy. Thomp&on agrees that it will replace or repair (a~ our option) IIOY S\IÇ!l1IIIit or parts where the clefec:t results from a breach of its wamllu)' wi!bOllt charge to the original Coaswnet, provided sa.id defect occum:d within the warranty period. TbOtnpSOD or the au!borized service repair centers willl10t be responsible for the cost of thc ID;IÎta or pans BOd the shipment of said unit or ,psrts to or ð'om 'IbOmpso11'S plant or service centers. Thompson's warranty obligation wilh regard ro eq\IÌpmen~ not of its own roaDufactDIC Îllimited ro the warraDty ~l1y cxtcoded to Thompson by its slIppliers. Sbould a failure of such motor or etI¡iDe occur dmin¡ the wammty period, the original Coosumcr must nolif)' Thompson Pump &; Mfg., Co.,II1c:., Port Qr¡lIge, Florida and follow!bc instnwtiDIIII gMm. TIllS WARRANIY DOES NOT COVER REPAIRS OR REPLACEMENT MADE WIlHOur NOTIFICA llON 10 THOMPSON PUMP &; MFG., CO., INC. TInS WARRANTY IS EXPRESSLY IN LIEU OF ANY O~ EXPRESS OR.lMPum WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FJTIœSS J<OR A PARTICULAR PURPOSE AND OJ!' ANY OTHER OBUOATION ON THE PART OF THE SELLER. NO AOBNT, BMJ'LOYBE OR REPRESENTATIVE OF TIœ SELLER HAS ANY AUTIlORTIY TO BIND THE SELLER TO ANY AFFIRMATIONS, REPRE5ŒN'tATION OR WARRANTY CONCERN1NO THE PRODUCT SOLD UNDER TIllS WARRANTY. TIfBRB ARB NO wARRANTIES WInCH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IMPLIED WARRAN1'U!S, waEN APPLICABL!, SHALL COMMENCE TJPON THE SAME DATE AS THE EXPRESS WARRANTY ABOVE AND StlALL, EXCEP1' FOR WARRANTIES OF 11T!Ji, EXTEND ONLY FOR THE DURATION OF THE WARRANTY. Some s!ales do not allow limitations on bow long the implied w.mnty 1æ~ 10 the above: limitations may not apply to you. The ooly remedy provided ro YOllllnder an applicable implied Wllmlllty or the exprc!ll W8J!BDty ahaI1 be the remedy provided \l!IdCr the cxp=s warranty. sllbject to Ihe terms and c:onditioDs colltaiDed thereiD. Thompson Pump '" Mfg., Co., II1c., shall Dot be liable for incidental or conliClJlleotialloscs and damages under tbe C1'prcss wammty, any lþpJicabIe implied warranty or claim for negligence. except to the cxtcIIt that thislimílation is fowò ro unenforceable UDder applicable state law. Some stateS do not allow the exclusion or limitation of incidaJtaJ or cOllllCCJl1CIltial damages, SO the above limitation or Cl:CIU5ÌOD may lIot apply to YOII. This warranty gives YOII speçific legal rights, OIId you lX18y 81", havc othc:r righm, which vat)' from stJle to \I!atC. WARR..()()I Rcv,I1.02jjf p, 11 Dec. 7, 2006 9:37PM THOMPSON PUMP No. 0302 P. 2 - . THDNI~5DN , ~PUIfIIP 8.xp__IENCIS INNOVA.TION ACCESSORY EQUIPMENT (pI,EASE ADD THE PRICES BEWW TO ABOVE BASE PRICE): · MODULAR FRAME WI LARGER FUEL TANK (100 GALLONS VS. 60 GALLONS): PLEASE ADD S1,350.00 · ONE 20·FT. SECTION OF 6-INCH BLACK RUBBER SUCTION HOSE WI PITI1NGS: PLEASE ADD $375.00 · ONE SO-Fr. SECT(ON OF 6-INCH LAY-FLAT DISCHAR.GE HOSE: PLEASE ADD 1200.00 · BID-DEGRADABLE fLUID: PLEASE ADD S850.00 · ELECTRIC BRAKES: PLEASE ADD $750.00 PLEASE FEEL FREE TO GIVE ME A CALL @ 1-300-161·7310, EXT. 4194 IF YOU HAVE ANY QUESTIONS OR REQUJRE ANY11IING FURTIJER. AS ALWAYS, WE APPRECIATE YOUR CONTJNUED INfEREST IN OUR COMPANY "WE LOOK FORWARP TO WORKING WITH YOU 1N THE NEAR FUTURE. REiiS' J::..tlUNNER PUBLIC WORKS REPRESENTATIVE TIIOMPSON PUMP & MFO, CO, INC. PH: 800-767.7310 EXT. 4194 FX: 386-761-0362 jbnmner@thompsonpump.com TERMS: NET 30 VALIDITY: 60 DAYS 5491 DIVISION DRIVE FORT MYERS, FL 33905 USA Ph: l- 80 0-7 67 -7 31 0, EXT. 4194 . Fax: 941-690-0904 www.thompsonpump.~om jbrunner@thompsonpump.oom pec. 7. 2006 9:37PM THOMPSON PUMP No. 0302 P. r ~ THDlfAP5DN I -PUIfAP IiIXPSA,.,.,CIIii INNOV.t,.'ON DECEMBRR 6, 2006 TAMMY MURPHY ST. LUCIE COUNTY ROAD & :BRIDGE TEL. -#; (772) 462·2511 FAX #: (772) 462·2363 RE: QUOTATION THOMPSON HYDRAULIC POWER UNIT THOMPSON MOD:EL 32HPU-DJÐST-4SD, A HYDRAULIC POWER UNIT (HPU SERIES) DESIONED TO POWER TIlOMPSON HYDRAULIC SUBMERSffiLE PUMP1-ŒADS. MAX. HYDRAULIC OIL PRESSURE: 2,900 P.S.I. MAX. HYDRAULIC OIL FLOW: 34 U.S.G.P.M MAX. HYDRAULIC OIL RESERVOIR CAPACITY: 60 U.S. GALLONS APPROXIMATE WEIGHI~ 4,600 LBS. POWER: JOHN DEERE MODEL 404SD LIQUID-COOLED, 4-CYLINDER. 80 HP DIESEL ENOINE WITH CONTROL PANEL, GAUGES, HOUR METER, TACHOMETER. SAFETY SHU1DOWNS (LOW OIU mGH TEMP), BATI'ERY AND SILENCER. MOUNTING: SINGLE AXLE ROAD TRAILER WITH INTEGRAL SS GALLON FUEL TANK FOR -18-HOUR OPERAT]ON, D.O.T. LIOHTS, DIAMOND PLATE FENDERS, LEAF SPRINGS, TOWBAR AND LIFl1NG BAIL EQUIPMENT INCLUDED: HYDRAULIC MOTOR, HYDRAULIC PUMP. MECHANICAL SEAL cSt BLOWOUT PROTECTION SYSTEM, ELECTRIC START, VACUUM GAUGE &. 1 50-Fr. HYDRAULIC HOSE SET (W/ QUICK DISCONNECTS, ST AINtRSS STEEL REPLACEABLE CUTWATER &. FASlENERS, &. BEARING HOUS1NG.) -SPECIAL DISCOUNTED MUNICIPAL PRICE FOR POWER UNiT: $16,500 .00 (INCLUDES FUIGHT TO YOUR FA,C1LlTY) THOMPSON HYDRAULIC SUBMERSmLE THOMPSON MOUEL 40aST, A 4-INCH HYDRAULIC PUMPHEAD CAPABLE OF OPEN PUMPING, SEWAGE & LIFT STATION BYPASS, AS WELL AS MANY OTIŒR V APJOUS PUMPING APPLICATIONS. SIZE: 4-INCH MAX. CAPACITYIFLOW: ].300 U.S.O.P.M. MAX. HEAD CAPACITY: ISO FT. MAX. SOLID HANDLING: 3-INCH SPHERICAL SOLIDS APPROXIMATE WEIGHT: 240 LBS. .SPECIAL DISCOUNTED MVNICIPAL PRICE FOR 40HST PUMPHEAD: u,ZOo.OO (INCLUDES FREIGHT TO YOUR FACILITY) THOmSON HYDRAULIC SUBMERSIBLE PUMP THOMPSON MODEL 6OHST. A 6-INCH HYDRAULIC PUMPHEAD CAPABLE OF OPEN PUMPING, SEWAGE & LIFT STATION BYPASS, AS WELL AS MANY OTHER VARIOUS PUMPINO APPLICATIONS. ~ 6-XNCH MAX. CAPACITY/FLOW: 2.000 U.S.O.P.M. MAX. HEAD CAPACITY: 105 FT. MAX. SOLID HANDLING: 3-INCH SPHERICAL SOLIDS APPROXIMA TE WEIGHT: 4201.B$, .SPECIAL DISCOUNTED MVNICIPAL PRiCE FOR 60HST PUMPHEAD: U,800.00 (iNCLUDES FREIGHT TO YOUR FAC/UTY) 5491 DIVISION DRIVE FORT MYERS, FL 33905 USA Ph: 1-800-767-7310,EX'l'.4194 . Fax: 941-690-0904 www.thompsonpump.com jbrunner8thompsonpump.com Dec. 7. 2006 9:38PM THOMPSON PUMP No. 0302 P. 4 r ~ 1 TH'!~,fJI/1 4" Hydraulic Submersible Trash Pump 40HST w/32HPU 40HST Periormance Curve IlfIMraulic ""...- ........ .. -. --I Me. y- I ...-- ~ ... ... " U' a- il#' I I I '-'2' tAl 4ð 1 ~ . 1 :>II . . .. 10'" 50 n f-- - ., .. .. .~- .~ ill 1. 20 10 ~i ~ f-'<~ S\ ~~~~ :: >--' ~ a . . . 200 - - . i_ tOO ..100- I" ,_ 2O" *' .1ItO - .... CAPACITY Engine Specifications Engine: John Deere 4045D, 62 hp @ 1,800 rpm Type; 4-cylinder, In-line, 4-cycle. water-cooled, natural aspiratIon, direct-injected, Tier II diesel Standard Equipment: Alternator, radiator, muffler, and exhaust stack with rain protection Displacement: 276 cubic inches Fuel Economy: .379 Ib/hp-hr @ 1,800 rpm Safety Shutdowns: High coolant temperature; Low oil pressure Unit Specifications Fuel Tank Capacity: 55 US gallons Fuel Consumption: 3.26 gph Maximum Operating Speed: 2,000 rpm Maximum OperatJng Temperature: 212"F Maximum Working Pressure: 85 psi Maximum Casing Pressure: 85 psi Ex"II1t.SNCE lNNDW.nøN 3 1/4 ~D J54 ~ ,tppraxlmaté WOi9ht 3,ZIiZ IÞs 32HPU Materials of Construction Pump: HDP30.61, positive displacement, external gear type. single pump, 3.72 in3 displacement Control Valve: Needle type Relief Valve: Pump mounted, internally pilot operated, pressure compensated wIth vent provision and pressure gauge for system diagnostics Reservoir: Fabricated steel, with internal baffles, large access port, drain valve, sight glass level and temperature gauge, air vent, sump strainer, and shutoff valve Sump Strainer: 100 mesh spin on type Return Filter: 60 gpm at 5 psi backpressure, 25 micron, in tank mounted with Internal bypass at 25 psi, integral filie rlbreather Hydraulic Couplings: Delivery: 1" female Snap-Tite 75 series quick disconnect with dust plug; Return: 1.25" female Snap. Tlte 75 series quick disconnect with dust plug; BVDass: . 50" female Snap- Tite 75 series quick disconnect with dust plug Safety Shutdowns: Low hydraulic fluid level; high hydraulic fluid temperature In the interest of product improvement. ThomplSOn Pump & Manufacturing reserves the right to change specifications without incurring any obligation for equipment pf8vious/y or sUbsequf ntly sold. Capacity, Head and Pump Curve are for comparative purposes. Coosult engineering data for exact capabilities. 4820 City center DrfVe, Port Orange, FL., 32129. USA (800) 787-7310 . Fax (388) 761~0362 Email: sBles(l'1JthomosonDumD.oom .. www.thomlJSOnDumD.com :I August 2005 D·e c: 7.. 2006 9 : 38 PM THOMPSON PUMP .... .TIID"" EXl'DfÐIŒ INNOVATION No. 0302 P. 5 6-inch Hydraulic Submersible Pump MODEL: 60HST PUMP: _ .. ,.~.. «....«.............«. _ ..«......._.........,. __w_.,. ,.w., __ .._L_.___._....... .~_-~-_ VOLUTE: Rugged. heavy duty class 40 cast iron SEAL: Equipped with run dry, oil lubricated mechanical seal with Tungsten Carbide rotating and stationary seal faces. Single inside mounted non· pusher type with self·adjusting elastomeric bellows. All other seal components are 304 stainless steel and nitrile. CUTWATER: Replaceable, 316 stainless steel SHAFT: Constructed of 416 stainless steel, fitted with a renewable SAE 51420 stainless steel shaft sleeve. IMPELLER: Dynamically balanced, non-clogging, semi-open, class 40 cast iron with rear equalizing vanes to reduce axial loading and prolong seal and bearing life. Keyed and locked to the shaft for anti- rotation protection by bolt and washer. IMPELLER DIAMETER: 9.74 inches WEAR PLATE: Replaceable, A36 steel. HYDRAULIC MOTOR: High efficiency, external Gear type, 3.72 cubic inch displacement with SAE. splined output. HYDRAULIC COUPLINGS: Delivery: 1R male Snap- Tlte 75 series quick disconnect, with dust cap. Return: 1·W male Snap-Tite 75 series quick disconnect, with dust cap. Bypass: }oSt male Snap" Tite 75 series quick disconnect with dust cap. BEARINGS: Heavy duty. oil lubricated bearings to carry both axial and radial loads. BEARJNG HOUSING: Heavy duty, class 30 cast iron for rigid support of shaft/bearing assembly. ADAPTER PLATE: Heavy duty class 40 cast iron. GASKETS: Neoprene STRAINER: Large, round hole, 2-1/2" diameter openings, A36 steel. HEJGHT: 37 5/8 Inches WEIGHT: 420 Ibs DISCHARGE FITTINGS: 6R MNPT and 6R male aluminum earn and groove quick coupler. Optional Bauer style fittings available. SEAL PROTECTION: Equipped with automatic over-pressure protection system. PERFORMANCE DATA: ..... ,_.__..__.___.m.........__.......w"'w.w......,.....~"".".."." " '" ... . w.... .. ww............................_.._...._.......__...........w.________ ... ........, SOLIDS CAPACITY: 3.0R spherical MAXIMUM PRESSURE: 2,700 PSI VOLUME CAPACITY: 2,010 GPM MAXIMUM OIL FLOW: 35 GPM MAXIMUM HEAD: 130 Feet In the interest of product improvement. 11IonJpsm Pump & Manufadlning reaerm the rigflt to ClriVIg8 spedlcat!ons VIfIhout Imming any obIg8JiCn for equipment previeW¡ or subsBquenl/y sold. C8pacify. Head and Pump CUM frx oompn6ve (XIpOU1. ColI$uI erv1needng data for Brad œpabilties. December 2005 D, e c. 7, 2 0 0 6 9 : 3 8 PM THOMPSON PUMP HPU & HST SERIES HYDRAUUCALL Y DRIVEN SUBMERSIBLE TRASH PUMPS No. 0302 P. 9 I: .mrW &;x_~nav Thompson Hydraulically Driven Submersible Trash Pumps put the power to work where it/s needed Thompson hydraulic submersible pumps provide a powerful answer when high heads or high lifts become a factor on job sites. Decades of engineering excellence at Thompson have led to the development of our unique variable speed and variable flow hydraulically driven submersible pumps. The power units and pumps are manufactured from heavy-duty cast iron and steel for high reliability. The Thompson design allows for maximum versatility in dewatering applications and pumping materials. Various engine options available Integrall\¡e tank (Skid or trailer options available.) Some features not avaIlable on alJ models Models shown: Power Unit: 32HPU·DDST pump Model; 60HST FEATURES · Ability to place the pump end In the pumping !IOurce · ElimInates suction 11ft limitations · Pumps effidently at heads up to 13o-reet · Variable speed and flow · WIde range of sizes from 3 to 12-lnch · Hanclles up to 41/a-inch solids .. Up to 6,9DO-gpm capacity · Delivery and return hoses with quick dlscooneds .. Thirclline for seal blow-out protection (available on some models) · Optional blodegradatlle lubricants for environmentally-sensitive areas · Economical to operate · LOW Oil level and high oil temperature shut-down system · Tung!ten carbide mechanical seal with vlton elastomers - · Open pit and trench dewatering .. Rim dltr:t1es .. Manhole!! · sewer lines · By-pass appncations Pipeline dewatering .. Floodwater control · Drainage and irrigation · Dewatering of gravel pits, mines, quarries · sewage, sludge, slUlTies or muddy water Oil Reservoir with high temperature and low Oil Jevel shutdow1\5 011 delivery and retI.Irn / hose system with a : th Ird return line for seal blowout protection Tungsten carbide mechaniCal seal Cast iron caSing, cast irOn imøeller, cast Iron or stainless steel wear plate, and replaceable stainless st,eel cut water 3/8· Slurry Gate hoses S(urrv Gate attachment The Thompson Slurry Gate Is designed to agitate and transfer slurries efficiently with a single pump. Designed to be easily connected to any Thompson 4 or 6-inch Hydraulic Submersible Pump End in minutes. Heavy DutY steel construction Hydraulic submersible Pump SJuny Gate Guard In the int5e5t of product improvement, we re:seM the right to c:hiInge ~ wIthott itxurring any obligation for equfømert previOlIStf or SUÞsèqUently sold. Capacity and Had are shown for comparative PUfP(I5e5. Consult engineering data for exact t;IpiIbilities. Thompson Pump & ManufacbJrlng Co., Inc. 4620 Cily Center Drive, Port Orange, FIorida¡ USA 32119 Phone (800) 767-7310 Fax (386) 761-0362 ~.thompsonpumD.oom lS071-HPUHST Page 1 of 2 Rev 4.00 Qec.. 7. 2006 9:39PM THOMPSON PUMP HPU a. HST SERIES HYDRAUUCALL Y DRIVEN SUBMERSIBLE TRASH PUMPS No.0302 P. 10 31: .~ ~~ SPECIAL FEATURES* Lifting ball with top lifting eye Emergencv by-pass return hose Delivery and retum pressure hoses with quick disconnects Heavy duty bearing assembly 3-vane cast Iron impeller (3" solids) Tungsten œti)ide mechanIcal seal w/viton elastomers ~C* ~o$&JVe ' 1ine~<I~ ~"11Qt1 Replaceable stainless steel cutwater Replaceable wear plate ,. Some features not available on ø" models Thompson's hydraullallly driven submersible pump¡ enable the power unit to reII1ain hJgh and dry while lt1e pump head is subfnerged Into the liquid being pumped. Therefore, there is no need to wony about sudlon 11ft Ilmllirtions Or pñming problems. These pumps are designed to n.m dry without damage to the components and are engineered to handle liquids from muddy, trash-laden water to sewage and sludge. Trash type strainer &Em . Picker crane . Slurry gate · Floatation devices . Jetting ring · Hose reels . Tool boxes . Hose racks suaMeRSIBL~ PUMP I!!NDS AVAILABL~* Maxlmum* Maxlmum* Maximum Size Capacity Head SOlids (In.) (GPM) (ft:.) (In.) 3 590 93 1.75 4 1,300 150 3.00 6 1,580 115 3.00 6 2,000 105 3.00 8 2,300 95 3.00 12 7,200 100 4.25 HYÞRAUL.JC POWI!R UNITS AVAILABLI!** Max. Pl'eSSure** Flow*'" (PSI) (USGPM) lOHPU 2,800 14 32HPU 2,800 36 78HPU 2,300 82 ~ Consult engineering data for exact maximum performance RPM. ** Hydraulic Power Units are paired with Submersible Pump Ends to achieve a desired performance, unless othelWise requested. Consult engineering data, or contact your representative for more Information. unit Model 30HST 40HST 46HST 60HST 68H5T' 120HST Model ReservOir (USGPM) 30 60 50 2 ...... 1 . z E I :IE 2D ..., o :æø DIIID 1GJ J80D Maximum Capacity (GPM) In the inter!st of praduct improvement, we reserve the right to chiIn;e spedfIœtIorrs without inr;urring arr¡ obligation ror equlpmert previouSly or SUbsequently sold. capadty and Head are shown for compal'!ltJVe purposes. Consult engineering data for mlct capabilities. Thompson Pump &. Manufacturing Co., Inc. 4620 CIty Center Drive, Port Orange, Rorlda, USA 32119 Phone (800) 767-7310 Fax (386) 761-0362 www.tf1ompsonpump.com L.S071-HPUHST Page 2 of 2 Rev 4.00 D.e C" 7.. 2006 9: 38PM THOMPSON PUMP No. 0302 P. 8 PUMP PERFORMANCE CURVE Pump End: 60HST Used on Model: 60HST Used with Hydraulic Power Unit: 32 HPU Pumø Ratings: Maximum Impeller Speed: 2,500 rpm Maximum Oil Flow: 35 gpm Test Conditions: Fluid: Water S.G.: 1.0 Altitude: Sea Level (1 Atmosphere) Temperature: 68°F (20°C) Viscosity: 31.5 SSU TOT DVN IoIIõAD Speed Impøllør Dia. style No, Vanes Sollds CIa. ~::r MTR I"SI FT VARIOUS 9,74" Sem~p.n 2 8.0" 3.72 inS 140 40 130 ............. 60 120 110 o o 20 10 o o o ...... ~ , ,..... , .........., , '~IIIIiIIo...."-.. ~....... """II ::'0.. > ..................,..........................~~ ~ ""'" -........ "~' ................... '.~ ........ " ~ "'- ""-.............. ..... -,....... ........_ ~ I"':' "- ..... ........... ~~ .......~.. ............,........ "" ~ ~ ~ "-.. '.............. ,......... ""- -.....;: -..... f'... ¡¡¡¡¡¡;,: '- t-... ~~ " """"-. '- "-............ ......... ~....~t....... 1'.... " J,~ .......-........... ............... '..... ......."'- "- ................... r.r. ........1'.........""............-: '" ............. ~ K" "" ....." """ ~ "- '-. ... ð. "- ~ " ~ i'oo.. "'-" '- ''q, ........... ................... ..., "- ~"'-- ~ .......................:: ,~~...... '- ".:>. ~ tI 'a..~ -.;;:¡¡r .1'". -'~ '14.. .... II:. ""''0 ....... 10: 30 40 20 90 80 30 70 eo 60 20 40 ........ 10 3- .- 10 200 400 800 1000 2000 800 3000 1000 1200 1400 1800 1100 2000 0&000 5000 8000 7000 8000 GPM LPM CAPACITY NOTES: Refer to Thompson Unit Specification Sheets for maximum and minimum operating speeds for the particular dñver. T8S1s were conducted according to Hydraulic Institute ANS11H11.6 -1994 S18ndards. Ll:lYdmY/jc D-ec.. 7.# 2006 9:38PM THOMPSON PUMP No. 0302 P. 7 . PUMP PERFORMANCE CURVE Pump End: 40HST Used on Model: 40HST Used with Hydraulic Power Unit: 32 HPU PumD Ratlnas: Maximum Impeller Speed: 2.500 rpm Maximum Oil Flow: 40 gpm Test Conditions: Fluid: Water S.G.: 1.0 Altitude: Sea Level (1 Atmosphere) Temperature: 68DF (20°C) Viscosity: 31.5 SSU TOT D'tII tøD Impeller Cia. ~e 80llds CIL No. Yanes Hydraulic Motor Displacement MTR PSI FT 8.5" 8eml.open 3.0" :I 3.72" 140 40 13" \. ..... '- '\. I\. 120 ...... ìI.... , ., , 50 "- -, ~ ";¡ -, 110 ..... ,."",. v '. '\. ~{ 'À 100 ..... \ '\, " ..... A, 30 ~ '- '\. N , 40 9" , ........ .......- ~ ,~ , ...., " ~ ~'" =-' " 80 , '\ .... ~ -A 6' ,\. II. ~ '. '\ .....,. , '\ "'- 7- ,,-= - ..,. J '- """- " '" 20 30 - ..... ..'.1"'". "..... , "- 1"'- 60 , " ..... ' ~ " '-" "- "- ~ ~ ...... , '" "' 60 ~ '\. ~ '\. ...." '\. ' ... 20 " .I .., "-' "- 40 "- "" r # , ~ \.. ... .'. " - ~.~ ' ""- '\. !III.. '- "'- \.. '\. ~, 10 30 -- ...'" '"\, 1'- ...... ""- " ... -\. "- .... ~\.. to.. '\. ..., '.'- 10 . ...... I\.. " 1'- '\ '-, -., 20 '\, -- " I I" ~. ~ 10 ~.. ~,,- ~~-ç ~~ ~tb :-'i.ó ....q¡, ;1.- -~-1. '-- .., ~-~...1>~ 0 0 0 I,,"' 0 200 400 liDO BOO 1doo 1200 1~OO Gpft/l 0 1000 2000 3000 4000 5000 L.PM CAPACITY NOTES: Refer to Thompson Unit SpeciIicaIion Sheets for maximum and mInimum operating speed¡ for 1he particUlar driver, T~ were conducted accordIng to HydraUlic Institute ANSIlHI1.6 -1994 Standards. ~ --. "' .. AGENDA REQUEST ITEM NO. C9-A DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] TO: CONSENT [X] ST. lUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: Tom Genung SUBJECT: Acting as the Fiscal Agent for the 19th Judicial Circuit Court, approve expenditure in the amount of $7,250.00, previously approved by the Indian River County Board of County Commission on December 19, 2006. BACKGROUND: The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in the Indian River County Courthouse. Before this system can be installed and made operational, it is necessary to modify the existing sound reinforcement of each courtroom and hearing room. This modification includes the replacement of all existing microphone cables and replacement of wiring and configuration for speaker zones in the ceiling of each courtroom and hearing room. FUNDS AVAilABLE: 183601 546100-6000 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve expenditure in the amount of $7,250.00, previously approved by the Indian River County Board of County Commission on December 19,2006. COMMISSION ACTION: 'X] APPROVED [] DENIED [ ] OTHER Approved 5-0 ENCE: oug Anderson County Administrator County Attorney: Management & Budget: Other: Finance: (Check for Copy only, if applicable) J . 01/01/2007 23:49 5517705331 FINAHCE DI::.t-'At< I MtJ'j I .,..".m_."._....",..,,··,·,~,..· ... . INDIAN RIVER COUNTY, FLORIDA OFFICE OF MANAGEMENT AND BUDGET County Administration Building 1840 25th Street, Suite 308 Vero Beach, FL 32960 (772) 567-8000, Extension 1214 (772) 770-5331 - FAX DATE: Jan. 2,2007 ATTENTION: Thomas GeuUIlg COMPANY: FAX NUMBER: '1rt:J- ~o7"" 1/:317' Pages Including Cover: 13 FROM: Ann Demko If you require more information) please call. On the Implementation, see Item "Q" I have attached the agenda item as it appeared before the board- pages 117 through 125. The approved resohItion (signed after the BCe meeting) is also included. 01/01/2007 23:49 5517705331 FINANCE Dc~A~IM~NI IMPLEMENT A TION BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA _.......¡,.,,,..,,.__m'" _.".....--'..-. TUESDAY, DECEMBER 19,2006 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25tb Street. Vero Beach, Florida, 32960-3365 WWWJRCGOv.COM COUNTY COMMISSIONERS Gary C. Wbeeler, Chairman Sandra L. Bowden, Vice Cbairman Wesley S. Davis Joseph E. Flescher Peter D. O'Bryan District 3 District 5 District 1 District 2 District 4 Joseph A. Baird, County Administrator William G. Collins II, County Attorney Kimberly Massung, Executive Aide to Bee Jeffrey K. Barton, Clerk to the Board PAGE 1. CALL TO ORDER 9:00 A.~ 2. INVOCATION Commissioner Wesley S. Davis 3. PLEDGE UF ALLEGIANCE Willìam G. ColliRs II, CCH:UHy Attorney Sandra L. Bowden, Vice Chainnan 4. ADDITJONS/DELETIONS TO THE AGENDA I EMERGENCY ITEMS EmergetuJI Item 4.A.l- Hiring of (In Interim Lal1d V.~e AUorf1(!Y for P&Z (lml Commis,;:¡ioll (110 backup) . Additional Backup - Item 11.8.1 - Letter from Chief Davis (Iated December 12, )006 Move Item 13.E.l to be "eard with item 5.8.1 Approved A. Hiring of an Interim Land Use Attorney for P&Z and Commission Approved/or .5Üiffto prepare 1I R FP for 011 i"ter;m Land Use Attome)! aMI Commi.....,Ùmer Bowden to coordinate thtltfrom tlte BCe and bring b~ck to the Board at tit#! fint meeting in Jafllla"Y 2007. Bob Keating alUl Joe B(lÌrd to a.Hi.51 in the selection oIan ¡"ter;m Land u'5e A/tomey. ' December 19,2006 Page I of 11 01/01/2007 23:49 5517705331 FINAI'1CI::. IJI:J-'f-\t"( IIVII:.I" I -.--.--... .~-,_.-"'" -,._~"._....-.",-,.._..,._"...."._..,-_., ...-................. ... PAGE- 7. CONSENT AGENDA (CONT'D.) 1'. Acceptance of Change Order No. 19 for the New County Administration Buildings 111-116 (~~~.~~~~~~. ~~~~_~.R~.~~~~~l:} ~_,_f:9~?)n-. _' _._. _. _._ _..' _. __ - _' -.- - ..-- - - - -. -. - .-,. - .--' n_· -. ---.-. . Approved Cha"ge Order No. 19 r,>aJ/Ìng in a credir of J175.254 10 be released to tire Owner Contingency with tire GMP remalflmg the same llnd authorized the Chairman to sign the Chemge Order. TIre total of (he Owner Contingency will be $482.436 with the GMP remaining unchanged at $27,057,852. Q. Court Administratíon. Miscellaneous Budget Amendment 006 . ('!'.ern.~ra1)<lUID (\~te.d.[)e"ern ,,"r.n, 2.00.6J... .. .. . . ... . .. . . .... . .. .. . . . .... . . .. . . . .... . ... . .1.\7-.\2.5.. Appro~'ed lire Court Admin;!¡trator's ree/uest for l,ddifÜ11ta/ courtroom ,50tmd enhancement and court recordÌt,g system curd adopted Resolution.it 2()()6-/92 to allocate jimding i" the amount of $ 7, 25 (),(J() (flul authorized the C"ainutm to execute the ,.e.~·olution. R. Pointe West of Vero Beach LTD's Request for Final Plat Approval for a Subdivision to be Known as Pointe West East Village phase I _~~~,~~~-~~1.!~..4~~~-4- .º~~~~~~;r: _~ ~)}g~~}, _ n_ _._ _ ,.' _ _. -.-. _ _ nO..· _n_ - - -. -. _.w - uu. .~.2.?--PJ.- Approved Final Plat approval for a ,çubdìvi.~i()n to be known as pointe We.~t Ea,çt Víllage p 1ll.~'e I Subdivision, witlr recordation of tlte mylar Oll/Y after tl1(! security has been reviewed, approved and validated by the County Attomey'.5 office and the contract lta,{j been executed bv the Cmmt l A dmi;tÏ.'itrator. - . 8. CONSTITUTIONAL OFFICERS and GQVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes. t. Request to Speak from Bermuda Club Homeowners Association . _~~_g~4~~g-º~_~~)-~p-t:~ _~~?=-Ç~~p'~i-~-~~- ~!~_ _ç~~1?-!Y. Requirements ' 132 Reqlle.'it wit/,t/rllwn. At/oy come back to the Bo~~~i í;;-J;,~;~;,;;.--m----."'..'" 2007. per CouII'Y AclmÌni.drator, Joe Baird. . Page 5 of 1 1 December 19,2006 01/01/2007 23:4g 5517705331 FINANCE DEPA~IM~NI ..........__., ,..."......", __., ,._n····_········· consent ÄQenda r( \ndlan River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of Co !y Commissioners Subject: Jason E. Brown Director, Office of Manag December 13, 2006 court Administration MiscellaneouS Budget Amendment 006 From: Date; DescrIption and Conditions The Budget Office has received a request from Thomas A. Genung, Trial" Court Administrator. for a budget amendment in the amount of $7,250 for additional courtroom wiring and equipment needed for courtroom sound enhancement and court recording systems. staff Recommendation Staff recommends the Board of County Commìssioners approve the Court Administrator's request for additional courtroom sound enhancement and court recording systems and also approve the attached Budget Amendment 006 and resolution to allocate funding in the amount of $7,250.. Funding is provided from the Court Facìlity Surcharge. , Attachments Letter from Thomas A. Genung, dated December 12, 2006 Budget Resolution FOR: December 19.2006 Budget Department Risk Management APPROVED AGENDA ITEM: BY: IndIan River Count Admln\$trator Legal F:\B\ldgèt\Jllson\b\ldget IImèl\dm~nU ;W0607\O06 mise ba,doc 117 01/01/2007 23:4g 5517705331 t- 1l'JANl,I:. 1)c.rHf'. I "1'-' , , ADMINISTRATIVE OFFICE OF THE COURTS NL.~ETEENTII JUDICIAL CIRCUIT Thomas A. Genung Trial CQ7Jrt Administrator December 12) 2006 Jason E. Brown) Budget Director Indian River County 1840 25th Street Vera Beach, Florida 32960 RE: Budget Amendments for C<?urt Administration Dear Mr. Brown: It was a ple~ure to speak with you on Monday, December 1 it 2006, regarding budget amendments for additional courtroom wiring and equipment needed for courtroom sound enhancement and court recording. As we discussed, the 19th Circuit is in the process of upgrading court recording equipment throughout the Circuit. The current recording equipment .at the IRC Courthouse needs to be upgraded, as there are no replacement units available. Accordingly, please find attached a quote fronr CourtSrnart, the vendor from whom the circuit purchased the new court recording equipment. This quote indicates at total cost of$25,145.00 for choir microphones (needed to capture the sound for jury selection from the galley and from the jury box), amplifiers (needed to amplífYthe sound for the judge) jurors, attorneys, parties and spectators), and one mixer (needed for court recording in one of the hearìng rooms) which were not contemplated in the 06/07 budge.t request. These funds should come from Court Administration's IT budget for IRC. Additional wiring is needed for microphones, speakers and assisted listening devices in the courtrooms and hearìng rooms. It is estimated that the cost for this wiring will be approximately $6,000.00, which should come from the Court Administration facilities budget (we are anticipating a quote later today or tomorrow morning). This budget may need to be supplemented by this amount as the additional wiring was not contemplated in the 06/07 budget request We would greatly appreciate having these items presented to the IRC BOCC at the December 19, 2006 meeting for approval. Installation is slated for February, 2007, and we will need to present the amendment to the SLC BOCC tile first week of January, 2007 to enable us to purchase the equipment timely. 229 Courthouse Addition, 218 South Sc:cond Street · Fort Pierce, Florida 34950 · (772) 462-1472 · FAX (772) 462-2135 118 01/01/2007 23:49 5517705331 FINAI'ICE DEPAR1Mt.N I pecember 12,2006 Budget Amendment Request page 2 , As always, it is a pleasure working with you. Your assistance with this matter is greatly appreciated. Sincerely, Thomas A. Genung enoL cc: The Honorable William L. Roby The Honorable Pául B. Kanarek The Honorable David C. Morgan Stephen Shaw; eTa 19th Circuit Erick Mershon, Budge.t Manager 19th Circuit Keith Hartsfield, DCR Manager 19th Circuit , 19 01/01/2007 23:49 5517705331 FIi'IANCE DEPARTMENT ít-1\.AL- '-" .~~ PRICE QUOTATION Prepared for 19th Judicial Circuit Indian River County 8 December 2006 STATEMENT OF WORK:' TIle Nineteenth Circuit will arld tþe following audio components to the digital recording systems: 1. Choir Microphones ~21 and installation a. lndian'River Courthouse ' 2. 4-channel Sound reinforcement ampiifiers - 7 and installation a. Indian River (7) 3. Digital Mixers- 1 and installation a. Indian Rìver (1) 19th Judicial Circuit . 12/8/06 - IDdian River CONFIDENTIAL 1 120 01/01/2007 23:4g 5517705331 .-..... FINANCE DE~A~IM~NI ALL PRICING IS PERFLORlDA!TN 06-001-JC AKG Choir Microphones Installation (In hours) QTY 21 21 COST TOTAL ITEM DESCRIPTION MICROPHONES $ 340 $ 12S $ 7,140 $ 2,625 AMPLIFJERS QSC- 4 channel 7 Installa.tion (In hours) 10.5 Note: if the installation is done in Conjunction with the installation of CourtSmart Thes~ additional costs will be waived $ 1,499 $125 $ 10,493 $ 1,312 MIXERS Lectr:osomcs DM812 Installation (In hours) 1 5 $ 2,950 $125 $ 2,950 $ 625 TOTAL $ 25,145 ALL PRICES ARE PLUS FREIGHT AND ANY APPLICABLE TAXES THAT THE COUNTY IS SUBJEct TO ARISING FROM THIS TRANSACTION. Installation included is for all CourtSmart related hardware and software. The Purchaser is responsible for providing all required cabling frOOl courtrooms to server location and microphone cabling within the courtrooms if applicable. Training of all associateâ court staff included at no additional charge. It is assumed that all court staff trained will be experienced in the operation of Windows before training. CourtSmart will not train court staff on Windows. CourtSmartis basing the following quotation upon infonnation provided to us by members of your staff. The requirements that were provided to us serve as the basis upon which our recomroendation is based. Should your requirements change, it may be necessary to adjust our recommendations or pricing accordingly. CourtSmart reserves the right to substitute hardware manufacturers and models based upon availability and/or technology improvements. Aily hardware so substituted will be of equal or greater performance. wARRANTY AND MAINTENANCE: All CourtSmart supplied software and hardware comes with a standard one (1) ,'ear ,'Varranty from date of installation. This warranty covers all parts and labor for any failures that occur in the nonnal course of system operation. It does not cover problems that occur through the misuse or abuse of the system nor does it cover actions taken or modifications made to the system contrary to the express direction of CourtSmart or failure to seek a.pproval prior to 1lD.dertaking such actions. Third party software such as Mictosoft Windows and SQL are not covered under warranty or maintenance. CourtSmart provides at the conclusion of the warranty period,a maintenan6e contract covering applicable software 19th Judicial Circuit 12/8/06 - Indian River CONFIDENTIAL 2 121 01/01/2007 23:49 5517705331 FINANCE DEPARTMENT t-'A\,;¡t. 1Q'j enhance:rnents, fixes, and upgrades deemed appropriate by CourtSmart at its sole discretion, as well as providing 1-800 telephone support. The annual maintenance contract is invoiced at a cost of 12% per year of the purchase price of the system. CourtSmart proprietary software is provided through an End-User Licensing Agreement (EULA) that provides the User with a limited, non-exclusive) personal license to use the software on the computer that it was originally installed and for the purpose originally intended. The end- user, the Court, may not resell, assign, or give the software to any other entity without the express written permission of CourtSmart Digital Systems, Inc. Likewise; CourtSmart application software may not be installed on additional computer-s without payment of the required licensing fees. CourtSmart does allow the transference of licenses from one computer to a replacement computer for maintenance or upgrade purposes. CourtSmart developed hardware, reference manuals, and software constitutès a valuable asset of the corporation and is protected by Federal and International copyright law. The end-user must protect this material from accidental or deliberate disclosure to third parties by employees of the COUl1 system, its agents. or users of the system. Any such disclosures could cause irreparable hann to CourtSmart Digital Systems. 19th Judicial Circuit 12/8/06 - Indian River CONFIDENTIAL ( 3 122 01/01/2007 23:49 5517705331 FINANCE DEPARTM~NI Gerelcom, Inc. VOICEI DATA-FIBER PROPOSAL Proposal for Indian River County Courtho\lse Cabling: P vide and install mitrophone, speaker and infrared cables. p~~vide and install XLR male and female connectors for microphone c~bles. . Propo.al is for 7 ConnrooID' and 2 Heoring rOOID5 (Microphone. only m Heanng room.). WE PROPOSE to furnish labor and materlal- complete in accordance with abCTVe speciftcatt011J, and subject to çonditiol1S fOW1d On this agreemerJi, for the sum of S~ven thousand two hundred and fifty dollars. ($7,250.00) Payment to be made as/ollows: Due tJpon completìon. Re.sptlctful1y submJttsd. Accspttld. Ths aboVff pri{;8$. specifications and condition.t arB saliifactory And arwhBrl1b)l "c:cepUd. You art &luthor/led 10 do I/o' work as .tpl1cifJ,d. Payment ,vill bt made as outlined aboy,. !)Qt, oj Acc,pt(fTIct! /1y_ ..---- --......... )3y 6Y ¡.Jol,: ThIs pl'OpOSIl/ mllY b, wlthdl't1>"fl by lIS ffnt>t Qc~pl.dwllhln 10 dðyS 521 N.W. Enterprise Drive, Port St. Lucie, Florida 34986 - (7'72) 340-5998 Fax (77'2) 340~3666 &mail: email@gðt.elcom.com 123 01/01/2007 23:43 5517705331 FINANCE DEPA~IM~NI RESOLUTION NO. 2006- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2006~2007 BUDGET. WHEREAS,· certain appropriation and expenditure amen~ments to the adopted Fiscal Year 2006-2007 Budget are to be made by resolution pursuant to section 129.06(2)(a)~(e), Florida Statutes (2005); and WHEREAS, the Board .of county Commissioners of Indian River County desires to amend the fiscal year 2006-2007 budget, as more specifically set forth in Exhibit ¡¡A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2006-2007 Budget be and hereby is amended as set forth in Exhibit nAif upon adoption of this Resolution. This Resolution was moved for adoption by . Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: . Chairman Gary C. Wheeler Vice Chairman Sandra L.Bowden Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2006. . Attest: . J. K. Barton, Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By By Gary C. Wheeler) Chairman Deputy Clerk F;\Sudget\Jason\budget IImendments 200607\budget amcndmçnt resolution.doc 124 01/01/2007 23:49 5617705331 FINANCt. lJt.¡-'A~ IIV [:.I'i I . Budget Office Approval: E B Budget DIrector Jason . own, Budget Amendment: 006 Resolution No. 2006- Entry FundI Department! Account Number Increase Decrease Number Account Name 1. Revenue Court Facility Surcharge I Servíce 140034-346350 $7,250 $0 Charges Expense Court Facility Surcharge I Court 14090101-088400 $7,250 $0 Administrator F:\Budl~t\]lU(ln\budget amendments 200607\006 mise ba.doc 125 01/01/2007 23:49 5517705331 FINANCE DEPARTMENT rHI()c. ..L...J RESOLUTION NO. 2006- 192 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2006-2007 BUDGET. WHEREAS, certain appropriation and expenditure amen~ments to the adopted Fiscal Year 2006-2007 Budget are to be made by resolution pursuant to section 129.06(2)(a)-(e), Florida statutes (2005); and WHEREAS, the Board of County Commissioners of India~ River County desires to amend the fiscal year 2006-2007 budget, as more specifically set forth in Exhibit" A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2006-2007 Budget be and hereby is amended as set forth in Exhibit II A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner Dav; 5 , and the motion was seconded by Commissioner Bowden and. upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Sandra L.Bowden AYe Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Ave Commissioner Peter D. Q'Bryan Ave The Chairman thereupon declared this Resolution duly passed and adopted this 19th day of December . 2006. Attest: J. K. Barton, Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners BY)?f'~ .¡~ Deputy Clerk By ¿~ ary C. Wheeler, Chairman F:\BudgttlJl1son\budge1 anlendments 200607\t>udgel amendment resolution.doc · . ADMINISTRATIVE OFFICE OF THE COURTS NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator MEMORANDUM SUBJECT: Board of County Commissioners ~ Thomas A. Genung, Court Administrator ~ ~ Acting as the Fiscal Agent for the 19th Judicial Circuit, approve expenditure in the amount of $7,250.00, previously approved by the Indian River County Board of County Commission on December 19, 2006. TO: FROM: DATE: January 2, 2007 The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in the Indian River County Courthouse. Before this system can be installed and made operational, it is necessary to modify the existing sound reinforcement of each courtroom and hearing room. This modification includes the replacement of all existing microphone cables and replacement of wiring and configuration for speaker zones in the ceiling of each courtroom and hearing room. Staff recommends the Board of County Commission approve expenditure in the amount of $7,250.00, previously approved by the Indian River County Board of County Commission on December 19, 2006. 229 Courthouse Addition, 218 South Second Street + Fort Pierce, Florida 34950 + (772) 462-1472 + FAX (772) 462-2135 ...... , "-- AGENDA REQUEST ITEM NO. C9-B DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] TO: CONSENT [X] ST. lUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: Tom Genung SUBJECT: Acting as the Fiscal Agent for the 19th Judicial Circuit Court, approve expenditure in the amount of $25,145.00, previously approved by the Indian River County Board of County Commission on December 19, 2006.· BACKGROUND: The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in the Indian River County Courthouse. Before this system can be installed and made operational, it is necessary to purchase additional hardware required for sound reinforcement in each courtroom and hearing room. This purchase includes ceiling microphones, digital amplifiers, and mixers required, in addition to the equipment that will be installed with the new Digital Court Reporting System. The amount listed above includes installation costs of the above stated hardware. FUNDS AVAilABLE: 107006564000-6000 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve expenditure in the amount of $25,145.00, previously approved by the Indian River County Board of County Commission on December 19,2006. COMMISSION ACTION: DC] APPROVED [] DENIED [ ] OTHER Approved 5-0 RENCE: oug Anderson County Administrator County Attorney: Management & Budget: Other: Finance: (Check for Copy only, if applicable) J . 01/01/2007 23:49 5517705331 FINAI'ICE DEPARTMEI'IT . INDIAN RIVER COUNTY FLORIDA OFFICE OF MANAGEMENT AND BUDGET County Admínistration Building 1840 2Slh Street, Suite 308 Vero Beach, FL 32960 (772) 567-8000, Extension 1214 (772) 770-5331 - FAX DATE: Jan. 2,2007 ATTENTION: Thomas Genung COMPANY: FAX NUMBER: 1~~ '007"" 4:3'T'1 Pages Including Cover: 13 FROM: Ann Demko If you require more information, please call. On the Implementation, see Item "Q" I have attached the agenda item as it appeared before the board - pages 117 through 125. The approved resolution (signed after the BCe meeting) is also included. 01/01/2007 23:4g 5517705331 Fli'IANCE lJtJ-'A~ I Mt.I'i I .--"......-......"... ... IMPLEMENT A TION BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA _.__..,,,,.....e....."..._· ..._-,.._:,..,~...""._,.-_.._.,,.,. "" TUESDAY, DECEMBER 19, 2006 - 9:00 A.M. County Commission Chamber County Administration Building 1840 2Stb Street. Vero Beach, Florida, 32960-3365 WWW.IRCGOv.COM COUNTY COMMISSIONERS Gary C. Wbeeler, Cbairman Sandra L. Bowden, Vice Cbairman Wesley S. Davis Joseph E. Flescber Peter D. O'Bryan District 3 District 5 District 1 District 2 District 4 Joseph A. Baird, County Administrator William G. Collins II, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board PAGE 1. CALL TO ORDER 9:00 A.M. - 2. INVOCATION Commissioner Wesley S. Davis 3. PLEDGE OF ALLEGIANCE William G. Collins II, Catil\ty ^ttome)' Sandra L. Bowden. Vice Chairman 4. ADDITIONSIDELETIONS TO THE AGENDA I EMERGENCY ITEMS Emerg~ft~T Item 4.A./- Hiring of (In Interim Ltllld Us'e Attorney for P&Z ami Comfltls.HOI/ (I/O backup) Additional BacKup - Item 11.8.1 - Lett('r from Chief Davis (Iated December 12 2006 ' Move Item lJ.E./ 10 be heard with item .5.B.l Approved A. Hiring of an Interim Land Use Attorney for P&Z and Commission Approved for st4.0"lo prepare a R FP j(Jr an interim Land Use Atlome.) aMI Commi.".')Í(Jf1er Bowden to coorditlOte th(ltftom tlte Bee ami bring b~clí to the BOl1f(f at the fit.s-( meeting in Jaftuary 1007. Bob Keating amI Joe Belit'll to 11.Hi.5t in the selection of lilt interim Land U~e Attorney. ' Page I of 1 ) December 19,2006 01/01/2007 23:4g 5517705331 t-1NHI'~"-'C. UL...I MI' I ,.,_..' .......;.._._-_. .,"~,_.--..,. _.._.,""........"R..._..,··"..··..._···_··" ,.,,~.--_... ...,...",......- ....-.......,................-. PAGE 7. CONSENT AGENDA (CONT'D.) P. Acceptance of Change Order No. 19 for the New County Administration Buildings 111-116 (memor~nd.~~_ ~~~~.~_"º~-~~~~~1: _~ ~_,_?:º~~l--... ____ _. ___. _.. -. -- - - .n-. -.-- - - --.. -. - -. - - .--' _n_ _.,- --.- . A;~;~'~ed' Ollln ge Order No. J 9 res alting ia . credit of, S 17.~, 254 to be released to the Owner Contingency with the GMP "ma,"IIIg the same and authorized tlte C/wirmalt to sign tlte Chtl1lge Order. The lotal oj the Owner cotltittgem:J' will be $482.436 wit" the GMP remaining unchanged at $27,057,852. Q. Court Administratíon, Miscellaneous Budget Amendment 006 . µo.e!llo!an.~IJI!1. <I~te.dn[)e"elD~! .IP.00'6).n"". nn n" nn' n.".. n......· n"__' "n .11. ?-.1~5 u Appro~'ed the Court Admini.'ïtrtltor·s retltlest for lldditi01WI courtroom ,'wtmd enhancement and court recordb,g system cmd adopted Resolut;on ! ]()()6-/92 to alloçate funding in the amount of $7,250.()() cmd authorized tlte C/tairmcUf to execute the re,fiol'itio". R. Pointe West of Vero Beach LTD's Request for Final Plat Approval for a Subdivision to be Known as Pointe West East Village Phase I _ ~~~5?~~?-~':1~-.4~~~-~- p~~~~~~_~_~ ~-'_ ~.9~~). _ ______ _0"-·· _.--- - -- -..... n_ -. ---- _.U" - -- --." !~?-.P.! -- Approved Fittal Plat appmval for a ~'ubd;vi,ficm to be k"own as po;nte We.ft EaM Village Phcl.~e I Subdivisio", with recordation of tlte mylar only after tile security has been reviewed, approved and validated by the Coullty Attorlley',5 office aJt(1 the contract llUS been executed by the ÜHmty A elm;f' "..trator. 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC þISCUSSION ITEMS Please give your name and address, and then give your remarks. Please try to limit YOUr remarks to three minutes. t. Reques~ to Speak from Bermuda Club Homeowners Association ,. ~~g~~~~g_ p~.'~:~)_~p_~~ )~9~~Ç~~R~i_~_~~_ ~!~_ _Ç~~~!y' ~~quirements 132 Reqlle.~.t wUltd,'lHV", Ala)' come back to tile Boarti í;;-J;'~;~;,;~:.-·--n..-......... 2007, pel' County Administrator, Joe Baird. ' Page 5 of 11 December 19, 2006 01/01/2007 23:49 5517705331 ...........--... ."._"". --.. ..--....-.... . .."..... FINANCE DEPA~IMcNI I H"-"L- OJ" Consent Agenda Indian River County InteroffIce Memorandum Office of Management & Budget !~ ~'~ \iL To: Members of the Board of Co 1'1 Commissioners Subject~ Jason E. Brown Director, Office of Manag December 13. 2006 court Administration Miscellaneous Budget Amendment 006 From~ Date; Description and Conditions The Budget Office has received a request from Thomas A. Genung, Trial' Court Administrator, for a budget amendment in the amount of $7,250 for additional courtroom wiring and equipment needed for courtroom sound enhancement and court recording systems. staff Recommendation Staff recommends the Board of County Commissioners approve the Court Administrator's request for additional courtroom sound enhancement and court recording systems and also approve the attached Budget Amendment 006 and resolution to allocate funding in the amount of $7,250.· Funding is provided from the Court Facìlity Surcharge. , Attachments Letter from Thoma$ A. Genung, dated December 12, 2006 Budget Resolution FOR: December 19. 2006 Budget Department Risk Management APPROVED AGENDA ITEM: BY: IndIan River Coun Admln~trliltor Legal F:\Budget\Ja,sonlbudget amendments ¡00607\O06 mise ba.óoe 117 01/01/2007 23:4g 5517705331 ADMINISTRATIVE OFFICE OF THE COURTS December 12, 2006 Jason E. Brown, Budget Director Indian River County 1840 25th Street Vero Beach, Florida 32960 FINANCE DEPARTMEi'n I H'-'IL- ....,...., NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial CQurt Administrator RE: Budget Amendments for C<?urt Administration Dear Mr. Brown: It was a p1e~ure to speak with you on Monday þ December 11) 2006, regarding budget amendments for additional courtroom wiring and equipm.ent needed for courtroom. sound enhancement and court recording. As we discussed, the 19th Circuit is in the process of upgrading court recording equipment throughout the Circuit. The current recording equipment .at the IRC Courthouse needs to be upgraded, as there are no replacement units available. Accordingly, please find attached a quote from' Co'UrtSmart, the vendor from whom the citcuit purchased the new court recording equipment. This quote indicates at total cost of$25,145.00 for choir microphones (needed to capture the sound for jury selection from the galley and from the jury box), amplifiers (needed to amplify the sound for the judge, jurorsþ attorneys, parties and spectators), and one mixer (needed for court recording in one of the hearing rooms) which were not contemplated in the 06/07 budget request. These funds should come from Court Administration's IT budget. for IRC. Additional wiring is needed for microphones, speakers and assisted listening devices in -the courtrooms wd hearing rooms. It is estimated that the cost for this wiring will be approximately $6,000.00, which should come from the Court Administration facilities budget (we are antícipating a quote later today or tomorrow morning). This budget ma.y need to be suppleI11ented by this amount as the additional wiring was not contemplated in the 06/07 budget request. We would greatly appreciate having these items presented to the IRC BOCC at the December 19, 2006 meeting for a.pproval. Installation is slated for February, 2007, and we will need to present the amendment to the SLC BOCC the first week of January, 2007 to enable us to purchase the equipment timely. 229 Courthouse: Additìon, 218 South Socond Street. Fort Pierce, Florida 34950 · (772) 462-1472 · FAX (772) 462-2135 118 01/01/2007 23:4g 5517705331 FINANCE DEPARI Mt.N I ....."..-'" .--....-...-.-...........-..... .--,.... Deèember 12,2006 Budget Amendment Request page 2 . As always, it is a pleasure working with you. Y Qur assistance with this matter is greatly appreciated. Sincerely, ~2 Thoma.S A. Genung encI. cc: The Honorable William L. Roby The Honorable PAul B. Kanarek The Honorable David C. Morgan Stephen Shaw; CTa 19th Circuit Erick Mershon, Budget Manager 19th Circuit Keith Hartsfield, DCR Manager 19th Circuit r'HVL.... UI..J , '9 01/01/2007 , ~~:,~g 5517705331 FINANCE DEPARTMcNI kâN PRlCE,QUOTATION Prepared for 19th Judicial Circuit Indian River County 8 December 2006 STATEMENT OF WORK:' The Nineteenth Circuit will add the following audio components to the digital recording systems: 1. Choir Microphones -21 and installation a. Indian 'River Courthouse . 2. 4-channel Sound reinforcement amplifiers - 7 and installation a. Indian River (7) 3. Digital Mixers- 1 and installation a. Indian River (1) , 19th Judicial Circuit 12/8/06 - Indian River CONFIDENTIAL 1 120 01/01/2007 23:49 5517705331 FINANCE DEPARTM~NI ALL PRICING IS PER FLORJ]} A !TN 06-001-JC MICROPHONES AKG Choir Microphones Installation (In hours) oTY 21 21 COST TOTAL ITEM DESCRœTION $ 340 $ 125 $ 7,140 $ 2,625 AMPLtFIERS QSC- 4 channel 7 Installation (In hours) 10.5 Note: if the installation is done in Conjunction with the installation of CourtSmart The5~ additional costs will be waived $ 1,499 $125 $ 10,493 $ 1,312 MIXERS Lectrosonics DM812 Installation (In hours) 1 5 $ 2,950 $ 125 $ 2,950 $ 625 TOTAL $ 25,145 ALL PRICES J\.RE PLUS FREIGHT AND ANY APPLICABLE T,\XES THJ\.T THE COUNTY IS SUBJECT TO ARISING FROM THIS TRANSACTION. Installation included is for all CourtSmart related hardware and softw81'e. The pUl'chaser is responsibie for providing all required cabling from courtrooms to server location and microphone cabling within the courtrooms if applicable. Training of all associated court staff induded at no additional charge. It is assumed that all court staff trained will be experienced in the operation of Windows before training. CourtSmarl will not train court staff on Windows. CourtSmartis basing the following quotation upon information provided to us by mel-nbers of your staff. The requirements that were provided to us serve as the basis upon which our recommendation js based. Should your requirements change, it may be necessary to adjust our recommendations or pricing accordingly. CourtSmart reserves the right to substitute hardware manufacturers and models based upon avaìlability and/or technology improvements. My hardware so substituted wHl be of equal or greater performance. wARRANTY AND MAINTENANCE: All CourtSmart supplied software and hardware comes with a standard one (1) "ear warranty from date of installation. This warranty covers all parts and labor for any failures that occur in the nonnal COl.1rse of system operation. It does not coyer problems that occur through the misuse or abuse oftbe system nor does it cover actions taken or modifications made to the system contrary to the express direction of CourtSmart or failure to seek approval prior to undertaking such actions. Third party software such as Microsoft Windows and SQL are not covered under warranty or maintenance. CourtSmartprovides at the conclusion of the warranty period,a maintena:o.be contract covering applicable software 19th Judicial Circuit 12/8/06 - Indian River CONFIDENTIAL 2 121 01/01/2007 23:49 5517705331 FINANCE DEPARTMENT rHa..:;¡L V.J enhancements, fixes, and upgrades deemed appropriate by CourtSmart at its sate discretion. as well as providing 1-800 telephone support. The annual maintenance contract is invoiced at a cost of12% per year of the purchase price of the system. CourtSmart proprietary software is provided through an End-User Licensing Agreement (EULA) that provides the User with a limired,non-exclusive, personal license to use the software on the computer that it was originally installed and for the purpose originally intended. The end- user, the Court, may not resell, assign, of give the software to any other entity without the express written permission of CourtSmart Digital Systems, Inc. Likewise; CourtSmart application software may not be installed on additional computers without payment of the required licensing fees. CourtSmart does allow the transference oflicenses from one computer to a replacement computer for maintenance or upgrade purposes. CourtSmart developed hardware. reference manuals, and software constitutès a valuable asset of the corporation and is protected by Federal and International copyright law. The end-user must protect this material from accidental or deliberate disclosure to third parties by employees of the COUl1 system, its agents. or users of the system. Any such disclosures could cause irreparable harm to CourtSmart Digital Systems. ( 19th Judicial Circuit 12/8/06 - Indian River CONFIDENTIAL 3 122 01/01/2007 23:49 5517705331 FINANCE DEPA~IM~NI r H"-'IL- Gerelcom, Inc. VOICE/ DATA-FIBER PROPOSAL Proposal for Indian River County Courtho\ls~ Cabling: Provide and instan microphone, speaker and Infrared cabl~s. Provide and install XLR male and female connectors for microphone c~bles. . Proposal is for 7 Courtrooms and 2 Hearing rooms (Microphones only m Heanng rooms). WE PROPOSE to fwnish labor and material- complete ;1'1 accordance with (lbClVe speciftcaticJ11.!, and subject to conditiom fOUJ'ld On thi.! agreement, for the sum of: S~ven thousand two hundred and fifty dollars. ($7,250.00) Payment to be made asfollrnvs: Due tip on completi()/'i, Accepted. The abow prices, specijicationll and conditions ar8 saliifactory And cm, h8r8b)' "ç¡:tpttd, You art authorlted to do the work al specified. Payment ,tliIl k made as out/ln,'" abow, &spsctjit/ly S\l.bmlttsd, [>Qrl ¡if Acc'pt'"'~" l1y_.~ --- - lJy lIr~_r ........-..... ... lVøt,; ThIs proposal may bl wlthdJ'{N'n by lIS if"<>I Qccepl.d wI/bin 10 dl1)'s 521 N.W. Enterprise Drive, Port St. Lucie, Florida 34986 - (772) 340-5998 Fax (772) 340-3666 &màil: email@gerelcom.com 123 01/01/2007 23:49 5517705331 FINANCE DEPARTM~NI I H'-'IL- ..1...1. ....-.........,,'....-"....'-.. RESOLUT'ON NO. 2006- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2006~2007 BUDGET. WHEREAS' certain appropriation and expenditure amendments to the adopted Fiscal Y~ar 2006-2007 Budget are to be made by resolution pursuant to section 129.06(2)(a)·(e), Florida statutes (2005); and WHEREAS, the Board .of county Commissioners of Indian River County desires to amend the fiscal year 2006-2007 budget, as more specifically set forth in Exhibit "A'J attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2006-2007 Budget be and hereby is amended as set forth in Exhibit IIA" upon adoption of this Resolution. This Resolution was moved for adoption by . Commissioner I and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: . Chairman Gary C. Wheeler Vice Chairman Sandra L.Bowden Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan The Úhaitman thereupon declared this Resolution duly passed and adopted this day of I 2006. ' Attest: ,J. K. Bartonl Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By By Gary C. Wheeler, Chairman Deputy Clerk F:\Budset\Jason\blldget IImendments 200607\budget arncndmont resolution,doc 124 01/01/2007 23:49 5517705331 FINANCE DEPARIM~NI . Budget Office Approval: Jason E. B own, Budget DIrector Budget Amendment: 006 Resolution No. 2006- '-/ Entry FundI Department! Account Number Increase Decrease Number Account Name 1. Revenue Court Facility Surcharge I SelVíce 140034-346350 $7,250 $0 Charges Expense Court Facility Surcharge I Court 14090101-088400 $7,250 $0 Administrator F:\Budset\1a.son\budget amendments 200607\006 mite blldoc 125 01/01/2007 23:49 5517705331 FINANCE DEPARTMENT PAGE 13 ..m__..... . RESOLUTION NO. 2006- 192 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2006-2007 BUDGET. WHEREAS certain appropriation and expenditure amendments to the adopted Fiscal Y~ar 2006-2007 Budget are to be made by resolution pursuant to section 129.06(2)(a)-(e), Florida Statutes (2005); and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2006-2007 budget, as more specifically set forth in Exhibit "An attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2006-2007 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner Dav; s , and the motion was seconded by Commissioner Bowden and. upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Sandra L.Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Ave Commissioner Peter D. O'Bryan Ave The Chairman thereupon declared this Resolution duly passed and adopted this 19th day of December I 2006. Attest J. K. Barton, Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By J1f~ .¡~ Deputy Clerk By ~~ ary C. Wheeler, Chairman F:\BudgetlJason\budget anlendments 200607\bud~el amendment t&olution.doc 't" á[ //'" I,' / /: .- I i / ADMINISTRATIVE OFFICE OF THE COURTS NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator MEMORANDUM TO: Board of County Commissioners £ Thomas A. Genung, Court Administrato~ ~ Acting as the Fiscal Agent for the 19th Judicial Circuit Court, approve expenditure in the amount of $25,145.00, previously approved by the Indian River County Board of County Commission on December 19, 2006. FROM: SUBJECT: DATE: January 2, 2007 The 1 gth Judicial Circuit Court is installing a new Digital Court Reporting System in the Indian River County Courthouse. Before this system can be installed and made operational, it is necessary to purchase additional hardware required for sound reinforcement in each courtroom and hearing room. This purchase includes ceiling microphones, digital amplifiers, and mixers required, in addition to the equipment that will be installed with the new Digital Court Reporting System. The amount listed above includes installation costs of the above stated hardware. Staff recommends the Board of County Commission approve expenditure in the amount of $25,145.00, previously approved by the Indian River County Board of County Commission on December 1 g, 2006. 229 Courthouse Addition, 218 South Second Street · Fort Pierce, Florida 34950 . (772) 462-1472 . FAX (772) 462-2135 AGENDA REQUEST ITEM NO. C9-C DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] TO: CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: Tom Genung SUBJECT: Approve the transfer of funds in the amount of $35,438.00 from the IT Fee Reserve into the Court Administration IT Machinery and Equipment account so that necessary hardware can be purchase as required for sound system reinforcement in each courtroom and hearing room. BACKGROUND: The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in Saint Lucie County Courthouse facilities. Before this system can be installed and made operational, it is necessary to purchase additional hardware required for sound reinforcement in each courtroom and hearing room. This purchase includes ceiling microphones, digital amplifiers, and mixers required, in addition to the equipment that will be installed with the new Digital Court Reporting System. The amount listed above includes installation costs of the above stated hardware. FUNDS AVAILABLE: 10700&-601-564000-6000 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve the transfer of funds in the amount of $35,438.00 from the IT Fee Reserve into the Court Administration IT Machinery and Equipment account so that necessary hardware can be purchase as required for sound system reinforcement in each courtroom and hearing room and approve Budget Ameœtment #BA-07-026. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER Approved 5-0 Management & Budget: Do Anderson County Administrator County Attorney: Other: Finance: (Check for Copy only, if applicable) j 1M PRICE QUOTATION Prepared for 19th Judicial Circuit St. Lucie County 8 December 2006 STATEMENT OF WORK: The Nineteenth Circuit will add the following audio components to the digital recording systems: 1. Choir Microphones - 25 and installation a. PSL and Main Courthouse 2. 4-channel Sound reinforcement amplifiers - 19 and installation a. S1. Lucie West (2) b. S1. Lucie County (10) 3. Digital Mixers- 2 and installation a. St, Lucie County Courthouse (1) 19th Judicial Circuit 12/8/06 - S1. Lucie County CONFIDENTIAL 1 ALL PRICING IS PER FLORIDA ITN 06-001-JC ITEM DESCRIPTION QTY COST TOTAL MICROPHONES AKG Choir Microphones 25 $ 340 $ 8,500 Installation (In hours) 25 $ 125 $ 3,125 AMPLIFIERS QSC- 4 channel 12 $ 1,499 $ 17,988 Installation (In hours) 18 $ 125 $ 2,250 Note: if the installation is done in Conjunction with the installation of CourtSmart These additional costs will be waived MIXERS Lectrosonics DM812 1 $ 2,950 $ 2,950 Installation (In hours) 5 $ 125 $ 625 TOTAL $ 35,438 ALL PRICES ARE PLUS FREIGHT AND ANY APPLICABLE TAXES THAT THE COUNTY IS SlmJECT TO ARISING FROM THIS TRANSACTION. Installation included is for all CourtSmart related hardware and software. The Purchaser is responsible for providing all required cabling from courtrooms to server location and microphone cabling within the courtrooms if applicable. Training of all associated court staff included at no additional charge. It is assumed that all court staff trained will be experienced in the operation of Windows before training. CourtSmart will not train court staff on Windows. CourtSmart is basing the following quotation upon information provided to us by members of your staff. The requirements that were provided to us serve as the basis upon which our recommendation is based. Should your requirements change, it may be necessary to adjust our recommendations or pricing accordingly. CourtSmart reserves the right to substitute hardware manufacturers and models based upon availability and/or technology improvements. Any hardware so substituted will be of equal or greater performance. WARRANTY AND MAINTENANCE: All CourtSmart supplied software and hardware comes with a standard one (1) year warrantv from date of installation. This warranty covers all parts and labor for any failures that occur in the normal course of system operation. It does not cover problems that occur through the misuse or abuse of the system nor does it cover actions taken or modifications made to the system contrary to the express direction of CourtSmart or failure to seek approval prior to undertaking such actions. Third party software such as Microsoft Windows and SQL are not covered under warranty or maintenance. CourtSmart provides at the 19th Judicial Circuit 12/8/06 - St. Lucie County CONFIDENTIAL 2 conclusion of the warranty period a maintenance contract covering applicable software enhancements, fixes, and upgrades deemed appropriate by CourtSmart at its sole discretion, as well as providing 1-800 telephone support. The annual maintenance contract is invoiced at a cost of 12% per year of the purchase price of the system. CourtSmart proprietary software is provided through an End-User Licensing Agreement (EULA) that provides the User with a limited, non-exclusive, personal license to use the software on the computer that it was originally installed and for the purpose originally intended. The end- user, the Court, may not resell, assign, or give the software to any other entity without the express written permission of CourtSmart Digital Systems, Inc. Likewise; CourtSmart application software may not be installed on additional computers without payment of the required licensing fees. CourtSmart does allow the transference of licenses from one computer to a replacement computer for maintenance or upgrade purposes. CourtSmart developed hardware, reference manuals, and software constitutes a valuable asset of the corporation and is protected by Federal and International copyright law. The end-user must protect this material from accidental or deliberate disclosure to third parties by employees of the court system, its agents, or users of the system. Any such disclosures could cause irreparable harm to CourtSmart Digital Systems. 19th Judicial Circuit 12/8/06 - S1. Lucie County CONFIDENTIAL 3 ADMINISTRATIVE OFFICE OF THE COURTS NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator MEMORANDUM TO: FROM: Board of County Commissioners Thomas A. Genung, Court Administra~M SUBJECT: Approve the transfer of funds in the amount of $35,438.00 from the IT Fee Reserve into the Court Administration IT Machinery and Equipment account so that necessary hardware can be purchase as required for sound system reinforcement in each courtroom and hearing room. DATE: January 2, 2007 The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in Saint Lucie County Courthouse facilities. Before this system can be installed and made operational, it is necessary to purchase additional hardware required for sound reinforcement in each courtroom and hearing room. This purchase includes ceiling microphones, digital amplifiers, and mixers required, in addition to the equipment that will be installed with the new Digital Court Reporting System. The amount listed above includes installation costs of the above stated hardware. Staff recommends the Board of County Commission approve the transfer of funds in the amount of $35,438.00 from the IT Fee Reserve into the Court Administration IT Machinery and Equipment account so that necessary hardware can be purchase as required for sound system reinforcement in each courtroom and hearing room. 229 Courthouse Addition, 218 South Second Street · Fort Pierce, Florida 34950. (772) 462-1472 . FAX (772) 462-2135 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Court Administration PREPARED DATE: 1/2/2007 AGENDA DATE: 1/9/2007 FROM: 107006-9910-599300-800 E ui ment $35,438 REASON FOR BUDGET AMENDMENT: Additional hardware urchase for new Oi ital Court Re ortin CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: diffJ BA07 -026 .,...--- AGENDA REQUEST ITEM NO. 9D DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: THOMAS A. GENUNG SUBJECT: Supplement to the FY 06/07 Court Administration Court Innovation fund budget to assist with the construction of an on-site courtroom at New Horizons of the Treasure Coast, Inc. BACKGROUND: Patients are currently transported from New Horizons of the Treasure Coast, Inc. to the St. Lucie County Courthouse to participate in mental health hearings. The construction of this courtroom would allow the hearings to be conducted at New Horizons of the Treasure Coast, Inc., thus alleviating the need to transport the patients. The projected cost of this construction project is $9,807.00. FUNDS AVAILABLE: The funds will be used from the Court Innovation fund budget (107-6291- 563000-6000). PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve the supplement to the FY 06/07 Court Administration Court Innovation fund budget for the construction of a courtroom at New Horizons of the Treasure Coast, Inc. COMMISSION ACTION: [XI APPROVED [] DENIED [ ] OTHER Approved 5-0 ¿,CUR CE: ~ Doug Anderson County Administrator Finance: (Check for Copy only, if applicable) J . Other: County Attorney: Management & Budget , - -", ADMINISTRATIVE OFFICE OF THE COURTS NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator MEMORANDUM TO: Board of County Commissioners FROM: Thomas A. Genung, Court Administrator SUBJECT: Supplement to FY 06/07 Court Administration Court Innovation Fund Budget for Courtroom at New Horizons of the Treasure Coast, Inc. DATE: January 9, 2007 Request to supplement the FY 06/07 Court Administration Court Innovation fund budget to assist with the construction of an on-site courtroom at New Horizons of the Treasure Coast, Inc. for mental health hearings. The projected amount of the project is $9,807.00 Staff recommends the Board of County Commission approve the supplement to the FY 06/07 Court Administration Court Innovation fund budget for the construction of a courtroom at New Horizons of the Treasure Coast, Inc. 229 Courthouse Addition, 218 South Second Street. Fort Pierce, Florida 34950. (772) 462-1472 · FAX (772) 462-2135 12/27/2005 04:20 NEW HORIZONS 7724585505 .. ... NEW HORIZONS OF THE TREASURE COAST, INC, PROJECTED COURTROOM RENOVATIONS COST ITEM Drywall, baseboards, window sm, etc. Cat 5e Cable Door and Door Hardware Misc. Hardware Judge's Platform Carpet, Courtroom only (exludes new corridor) Electrical fixtures Window Treatments State Flag Seal of Florida" (have not located Dr confirmed price) Paint Furniture Subtotal Video Conferencing Equipment TOTAL PROJECTED COST Courtroom reno vation$ Nov 06 COST 3,800,DO 440.00 575.00 376.00 175,00 1,890,00 584.00 300.00 185.00 50.00 225.00 1,207.00 9,807.00 6,000,00 15,807.00 PAGE 02 '\ AGENDA REQUEST ITEM NO. (? ¡ D tl DATE: January 9, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Deletion and addition of assets BACKGROUND: Over the last several years, financial reporting has changed. One major change was the implementation of GASB 34 and the reporting of capital assets for governmental entities. St Lucie County was given two reporting requirements for capital assets. The first requirement required the County to be in compliance with GASB 34 for its capital asset subsidiary record by fiscal year 2003. This task required research from 1980 to 2003. The Clerk's finance office was able to meet that requirement. The second requirement required the county to be in compliance with infrastructure reporting (bridges, roads, drainage, etc) prior to 1980 by fiscal year 2006. This agenda item assists with the latter compliance requirement. After meeting with various department heads, the Finance Department, compiled a major list of infrastructure assets. This agenda item is two fold in that it requests the Board approve the deletion of assets that were either transferred to other governmental entities or incorrectly recorded as county owned assets years ago and it requests Board approval of the additions discovered during the research period. FUNDS AVAILABLE: None PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissioners approve the deletion of assets that were either transferred to other governmental entities or incorrectly recorded as county owned assets years ago and it requests Board approval of the additions discovered during the research period. These changes are to be effective as of September 30, 2006. COMMISSION ACTION: IX'] APPROVED [] DENIED r-] OTHER: Approved 5-0 D M. Anderson County Administrator County Attorney:xx í~ d"" ¡)j~ M Coordination/S i gnatures Management & Budget: ~urchasíng: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) ~, G :\BUDG ET\ WP\AGENDA'SIAG ENDA07\0 1 '09'07 ASSETINVENTORY. DOC " St Lucie County Schedule of Write Offs Governmental Funds - 901 FYE 9/30/06 Date Property # Description Amount Reason for Write Off 9/30/1988 ZOO0432 PSL Blvd - Signal Construction 65,089.02 Per Ann from Traffic - Signal belongs to PSL 9/30/1989 ZOO0432A PSL Blvd - Signal Construction 6,207.73 Per Ann from Traffic - Signal belongs to PSL Total of Project: 71,296.75 9/30/1987 ZOO0435 PSL Blvd and US 1 27,998.00 Per Ann from Traffic - Signal belongs to PSL 9/30/1988 ZOO0435A PSL Blvd and US 1 6,253.00 Per Ann from Traffic - Signal belongs to PSL Total of Project: 34,251.00 9/30/1996 ZOO0445 US1 &Rio Mar Traffic Islands 15,267.50 Per Ann from Traffic - Signal belongs to State 9/30/1997 Z4156 Midway&US 1 Signals $ 138,990.00 Per Ann from Traffic - Signal belongs to State 9/30/1997 Z4156A Midway&US 1 Signals $ 74,812.36 Per Ann from Traffic - Signal belongs to State 9/30/1998 Z4156AA Midway&US 1 Signals $ 3.00 Per Ann from Traffic - Signal belongs to State 213,805.36 9/30/1994 Z4402 Indian River Dr - Signals $ 9,437.50 Per Ann from Traffic - Signal belongs to FT Pierce 9/30/1994 Z4404 Ft Pierce Elementary Traffic Signals 5,683.00 Per Ann from Traffic - Signal belongs to FT Pierce 9/30/2001 Z4408 Kings Hwy & Wintergarden - Signals $ 140,833.63 Per Ann from Traffic - Signal belongs to State 9/30/1991 Z90010 Juanita Ave&25th st - Signals 112,373.82 Per Ann from Traffic - Signal belongs to State 9/30/1996 Z91021 Lennard Rd - Signals 774,626.22 Per Ann from Traffic - Signal belongs to PSL 9/30/1991 Z91040 Angle Rd/Kings Hwy - Signals 26,530.00 Per Ann from Traffic - Signal belongs to State Total of Signals written off: $1,404,104.78 9/30/1992 Z70040 PSL Bridge 5,107,899.85 Per Craig Hauschild - PSL Bridge Total of Bridges written off: 5.107,899.85 1999-2000 Z1529 McCorkle Field/Sportsman Park 46,223.67 Per Elaine Messer in Parks & Rec - PSL Various Construction for Bldg 5,966.26 Lincoln Park Community Center - Belongs to City of Ft Pierce Total of Park Items written off: 52,189.93 Total of 901 Write Offs: $6,564,194.56 G:\KarenR\Capital Asset Information\FY 06 Capital Assets\Schedule of Write offs and Additions 2006 - Governmental Funds.xls 11/28/06 KHR ; St Lucie County Required GASB 34 Infrastructure Reporting Schedule of Additions FY 2006 BLDGS GL 162900 Date Property # Description Amount Reason for Adjustment 1980 Rental Warehouse 3139 Industrial Ave 3 153,367.05 Record Assets 1980 Rental Warehouse 3104 Industrial Ave 3 143,956.34 Record Assets 1976 Rental Hangar 3100 Industrial Ave 3 109,460.89 Record Assets 1976 Rental Warehouse 3030 Industrial Ave 3 114,674,70 Record Assets 1977 Rental Hangar 3000 Industrial Ave 3 72,357.90 Record Assets 1978 Rental Warehouse 2700 Industrial Ave 3 354,061.26 Record Assets 1962 Terminal 3000 Curtis King Blvd 50,621.75 Record Assets 1980 Customs/Immigration 2990 Curtis King Blvd 220,383.93 Record Assets 1994 NDB Radio Tower 4000 Curtis King Blvd 15,667.62 Record Assets 1994 Electric Vault 4000 Curtis King Blvd 20,132.89 Record Assets 1970 Civil Air Patrol Bldg 2858 Curtis King Blvd 35,232.85 Record Assets 1960 Rental Hangar 2950 Curtis King Blvd 52,897.74 Record Assets 1976 Rental Hangar 2974 Curtis King Blvd 165,356.43 Record Assets 1960 RestaurantlWarehouse 2892 Curtis King Blvd 46,395.99 Record Assets 2000 Warehouse NBC#1 4600A Taylor Dairy Rd 114,358.98 Record Assets 2000 Warehouse NBC#2 4600B Taylor Dairy Rd 114,358.98 Record Assets 2000 Office Storage 4600C Taylor Dairy Rd 54,298.30 Record Assets 2000 Maintenance Bldg 4600D Taylor Dairy Rd 35,478.30 Record Assets 2000 Restrooms 4600E Taylor Dairy Rd 75,639.01 Record Assets 2000 Warehouse Quarantine #1 4600F Taylor Dairy Rd 76,179.29 Record Assets 2000 Warehouse Quarantine #3 4600F Taylor Dairy Rd 54,838.28 Record Assets 2000 Water Treatment #1 Storage 4600H Taylor Dairy Rd 24,042.40 Record Assets 2000 Water Treatment #2 Storage 4600J Taylor Dairy Rd 41,781.55 Record Assets Airport Bldgs Added: $ 2,145,542,43 Black Pearl Boat Ramp - Restrooms $ 75,000.00 Record Bldg GL 162900 Elks Park - (3) 2 story press boxes with storage on ground level $ 90,000,00 Record Bldg GL 162900 Elks Park - 1 concession stand $ 45,000.00 Record Bldg GL 162900 Elks Park - 1 restroom $ 150,000.00 Record Bldg GL 162900 Elks Park - 1 pavillion $ 16,000.00 Record Bldg GL 162900 2004 Elks Park - 12 Dugouts $ 60,000.00 Record Bldg GL 162900 Total Elks Park Bldgs: $ 361,000.00 1994 Dreamland Park - Restroom $ 20,000.00 Record Bldg GL 162900 1995 Dreamland Park - Pavillion $ 15,000.00 Record Bldg GL 162900 Total Dreamland Park Bldgs: $ 35,000.00 1960 IlIous Ellis Park Restroom - Original Bldg $ 30,000.00 Record Bldg GL 162900 1990 lIIous Ellis Park Pavillion $ 30,000.00 Record Bldg GL 162900 Totalllous Ellis Park Bldgs: $ 60,000.00 1890 Indrio School House - Original Bldg $ 4,682.00 Record Bldg GL 162900 1977 Lawnwood Ticket Booth/Restroom Bldg (South Side) $ 75,000.00 Record Bldg GL 162900 1977 Lawnwood Football Concession Stand $ 35,000.00 Record Bldg GL 162900 1977 Lawnwood Visitor Locker Room $ 40,000.00 Record Bldg GL 162900 1977 Lawnwood Home Locker Room $ 40,000.00 Record Bldg GL 162900 1977 Lawnwood Ticket Booth/Storage Bldg (North Side) $ 75,000,00 Record Bldg GL 162900 1991 Lawnwood Block Storage Bldg (North Side of Soccer Fields) $ 5,000.00 Record Bldg GL 162900 1977 Lawnwood Baseball Concession Stand $ 75,000.00 Record Bidg GL 162900 2000 Lawnwood Small Press Boxes on Baseball Fields 2,3&4 $ 6,000.00 Record Bldg GL 162900 1991 Lawnwood Baseball Tarp Storage Bldg (By batting cages) $ 15,000.00 Record Bldg GL 162900 1998 Lawnwood Carpenter Shop Metal Shed $ 45,000.00 Record Bldg GL 162900 St Lucie County Required GASB 34 Infrastructure Reporting Schedule of Additions FY 2006 2004 Lawnwood Pole Barn (trades) $ 3,400.00 Record Bldg GL 162900 1997 Lawnwood Mechanic Shop - Concrete Block $ 45,000.00 Record Bldg GL 162900 1998 Lawnwood 2 dugouts SB Field 1 $ 10,000.00 Record Bldg GL 162900 1998 Lawnwood 4 dugouts SB Fields 2&3 $ 20,000.00 Record Bldg GL 162900 Total Lawnwood Park Bldgs: $ 489,400.00 Little Jim Bridge" 3 Pavillions $ 25,000.00 Record Bldg GL 162900 Little Jim Bridge - Small Restoom $ 7,500.00 Record Bldg GL 162900 Total Little Jim Bridge Bldgs: $ 32,500.00 1970 Marvilla Park Recreation Bldg 1970 $ 40,242,86 Record Bldg GL 162900 1994 North Causeway Island Small Restroom $ 25,000.00 Record Bldg GL 162900 1994 North Causeway Island Pavillion 14x14 $ 6,000.00 Record Bldg GL 162900 Total North Causeway Island: $ 31,000.00 1970 Open Space Pool" Original Restroom/storage/equipment bldg $ 4,150.00 Record Bldg GL 162900 Total Open Space Pool Bldgs: $ 4,150.00 1982 Port St Lucie Pool - Restrooms - 1982 $ 22,724.63 1995 Sheraton Plaza - Restroom $ 30,000.00 Record Bldg GL 162900 2004 Sheraton Plaza - Pavillion (1) 30x30 and (2) 14x9 $ 9,000.00 Record Bldg GL162900 Total Sheraton Plaza Bldgs: $ 39,000.00 1940 Walton Community Center" Orig Bldg - 1940 $ 16,690,34 Record Bldg GL 162900 1990 Walton Community Center" PumplWater Softener Bldg - 1990 $ 1,344.68 Record Bldg GL 162900 Total Walton Community Center Bldg: $ 18,035.02 1940 Walton Rocks - 2 Restrooms $ 200,000.00 Record Bldg GL 162900 Total Walton Rocks Bldgs: $ 200,000.00 2000 White City Park" 4 Pavillions 16x14 $ 100,000.00 Record Bldg GL 162900 2000 White City Park - 1 Pavillion 24x37 $ 30,000.00 Record Bldg GL 162900 2000 White City Park - 1 Gazebo $ 10,000.00 Record Bldg GL 162900 2000 White City Park - Restrooms $ 75,000.00 Record Bldg GL 162900 Total White City Park Bldgs: $ 215,000.00 Parks Bldgs Added: $ 1,627,734.51 1996 Chuck's Seafood #240213300020003 $ 38,226,29 Record Bldg GL 162900 Total Chuck's Seafood Bldgs: $ 38,226.29 Unknown SLC Agape Senior Ctr #240371 000120000 $ 13,507.19 Record Bldg GL 162900 Total Agape Senior Ct Bldgs: $ 13,507.19 Unknown SLC CHS Wave Crest #243233200010000 $ 28,731.89 Record Bldg GL 162900 Total Wave Crest Bldgs: $ 28,731.89 Unknown SLC Drug Abuse Tx Ctr #243233200020007 55,615.27 Record Bldg GL 162900 Total Drug Abuse Tx Ctr Bldgs: 55,615,27 General Gov! Bldgs Added: $ 136,080.64 TOTAL BLDGS: $ 3,909,357.58 GL 162900 f St Lucie County Required GASB 34 Infrastructure Reporting Schedule of Additions FY 2006 IMPROVEMENTS OTHER THAN BLDGS GL: 164900 Date Property # Description Amount Reason for Adjustment 1996-1998 Misc Yrs 1952 Z4317 1962 1953 1956 1958 1956 1963 1959 1965 1962 1961 1961 1952 1962 1961 1961 1960 1962 1952 1961 1959 1986 1995 1993 1994 1992 1996 1997 1998 1993 1992 1995 1986 1990 Spur Jetty Misc Artificial Reef Inventory 866,484.68 Spur Jetty Exp from 1996-1998 not recorded in 901 207,500.00 Misc Artificial Reef Inventory per Richard Bouchard Bridge Not Recorded - McCarty Rd over 10 mile crk North Artificial Reefs Added: $ 1,073,984.68 Bridge Not Recorded - Old Dixie Hwy over Taylor Creek Bridge Not Recorded - Keen Road over C-1 Bridge Not Recorded - 11 Mile Road over 10 Mile Creek Bridge Not Recorded - Kirby Loop Road over 5 mite Creek Bridge Not Recorded - Idabelle Island Bridge Range Line Road Bridge - 1963 53rd St Bridge@canal 25 -1959 Shinn Road over 10 Mile Creek - 1965 Taylor Dairy Rd@Canal1 - 1962 Shinn Road Bridge -1961 Indian River Dr over Moore's Creek - 1961 McCarty Road over 10 Mile Creek (South) - 1952 Johnston Road over C-25 - 1962 S 25th St Bridge over 10 Mile Creek - 1961 Ca~ton Road Over C-24 - 1961 Glades Cutoff over Canal C24 - 1960 Taylor Dairy Road over C-25 Bridge - 1962 Juanita Ave over Taylor Creek Bridge Edwards Rd over 5 Mile Creek - 1961 Selvitz Rd over 10 Mile Creek - 1959 91,380.37 Record bridge accepted in 1952 105,259.57 Record bridge accepted in 1962 64,655,12 Record bridge accepted in 1953 94,230.11 Record bridge accepted in 1956 99,086.73 Record bridge accepted in 1958 50,739.29 Record bridge accepted in 1956 106,417.42 Original Bridge Not recorded 101,762.08 Original Bridge Not recorded 75,526.93 Original Bridge Not recorded 72,872.01 Original Bridge Not recorded 56,117.06 Original Bridge Not recorded 24,050.17 Original Bridge Not recorded 91,380.37 Original Bridge Not recorded 105,259,57 Original Bridge Not recorded 104,217.39 Original Bridge Not recorded 192,401,34 Original Bridge Not recorded 189,371.40 Original Bridge Not recorded 105,259.57 Original Bridge Not recorded 108,727.05 Original Bridge Not recorded 88,183.95 Original Bridge Not recorded 70,450.67 Original Bridge Not recorded Bridges Added: $ 1,997,348.17 116,754.67 Record culvert not booked prior to this year 25th. St. @ C-101, Culv. RepL A1A & Seaway Dr., Culv. RepL A 1A Crossing site no. 1, Culv. Instal. A1A Crossing site no. 2, Culv. Instal. Airosa Ave., & Voltair Ave., Culv. RepL Airoso Blvd. & Thanksgiving Pky., Culv. Rept. Bear Point, Culv. RepL Cortez Blvd. & 35th St., Culv. RepL Eleven Mile Creek & Canal 91, Culv. RepL Fleetwood Ln. Driveway Culv. & Drainage Floresta Dr. & Fallon, Culv. RepL Floresta Dr. @ Greenway TerrJ Harbour View Dr., Culv. RepL Howard Ck. Ln. & Everglades Blvd. Culv. RepL 200,937.21 Record 'culvert not booked prior to this year 190,141.00 Record culvert not booked prior to this year 195,845.23 Record culvert not booked prior to this year 184,602.91 Record culvert not booked prior to this year 205,960.64 Record culvert not booked prior to this year 212,139.46 Record culvert not booked prior to this year 215,745.83 Record culvert not booked prior to this year 190,141.00 Record culvert not booked prior to this year 184,602.91 Record culvert not booked prior to this year 200,937,21 Record culvert not booked prior to this year 116,754.67 Record culvert not booked prior to this year 168,085.49 Record culvert not booked prior to this year ':'¡ St Lucie County Required GASB 34 Infrastructure Reporting Schedule of Additions FY 2006 1990 Ideal Holding Rd. & C-77, Culv. Rept 168,085.49 Record culvert not booked prior to this year 1992 Ideal Holding Rd. & Canal 78, Culv. Rept 184,602.91 Record culvert not booked prior to this year 1990 Indian River Drive & Harris St, Culv. Rept 168,085.49 Record culvert not booked prior to this year 1996 Jenkins Rd. & Canal 37, Culv. Rept 205,960.64 Record culvert not booked prior to this year 1992 McNiel Rd. & Canal 38, Culv. Rept 184,602.91 Record culvert not booked prior to this year 1992 McNiel Rd. & Canal 39, Culv. Rept 184,602.91 Record culvert not booked prior to this year 1996 Midway Rd. @ Canal 93, Culv. Rept 205,960.64 Record culvert not booked prior to this year 1987 Midway Rd. 0.8 ML Wlo 1-95, Culv. Rept 118,973.00 Record culvert not booked prior to this year 1987 Midway Rd. 1.3 ML Wlo 1-95, Culv. Rept 118,973.00 Record culvert not booked prior to this year 1987 Oleander Ave. & Ash Ct, Culv. Installation I Rept 118,973.00 Record culvert not booked prior to this year 1986 Oleander Ave. @ French Creek, Culv. Rept 116,754.67 Record culvert not booked prior to this year 1987 Orange Ave. & Coker Rd., Culv. Rept 118,973.00 Record culvert not booked prior to this year 1987 Orange Ave. & Sneed Rd., Culv. Rept 118,973.00 Record culvert not booked prior to this year 2003 Orange Ave. & Star Farms, Culv. Rept 285,545.41 Record culvert not booked prior to this year 1987 1987 2001 1986 1986 1991 1994 1996 1993 1990 1995 1995 1986 1950 1991 1990 1989 1992 1990 1998 1998 1991 1991 1989 1989 1989 1989 1993 1993 1991 1991 1989 1989 1995 1995 1995 1995 St Lucie County Required GASB 34 Infrastructure Reporting Schedule of Additions FY 2006 Palomar St Ditch & Culv Repl, FP Blvd To Green Dolphin St 118,973.00 Record culvert not booked prior to this year Perimeter Rd. & Widewater Rd., Culv. Rep!. 118,973,00 Record culvert not booked prior to this year Picos Rd., Kings Hgy. To Rock Rd. - Reconstruction (Inwood) 276,622.67 Record culvert not booked prior to this year Riomar Dr. I, a outfall off of Camino St, Culv. Rep!. 116,754.67 Record culvert not booked prior to this year Riomar Dr. 2, a outfall off of Camino Ct, Culv. Rep!. 116,754.67 Record culvert not booked prior to this year Sneed Rd. @ Canal 74, Culv. Rep!. 177,162.11 Record culvert not booked prior to this year St James/25th St (3) Culv Repl(s) Canals 103, 106 & 107 (C&T) 195,845.23 Record culvert not booked prior to this year St James I So 25th @ Canal 105, Culv Repl 205,960.64 Record culvert not booked prior to this year St James Dr. & Royce Ave. @ Canal 110, Culv. Rep!. 190,141.00 Record culvert not booked prior to this year St Lucie Lane, Culv. Installation 168,085.49 Record culvert not booked prior to this year Sunset Dr. & Bradley St, Culv. Rep!. 200,937.21 Record culvert not booked prior to this year Sunset Dr. & Scott St, Culv. Repl. 200,937.21 Record culvert not booked prior to this year Winter Garden Parkway @ Kings Highway, Culv. Rep!. 116,754.67 Record culvert not booked prior to this year Culverts Added: $ 6,885,615.87 Mise Roads per attached list from R&B 22,043,209,66 Record Roads accepted prior to 1980 Roads Added: $ 22,043,209.66 Midway Rd @ Oleander Ave - Span Wire 24,695.00 Record traffic signals not previously recorded Oleander Ave @ Edwards Rd - Span Wire 55,550.00 Record traffic signals not previously recorded Sunrise Blvd @ Edwards Rd - Span Wire 19,353,00 Record traffic signals not previously recorded Old Dixie Hwy @ Harbor Branch - Span Wire 36,300.00 Record traffic signals not previously recorded Naranja Ave @ Prima Vista - Span Wire 37,000.00 Record traffic signals not previously recorded Traffic Signals Added: $ 172,898.00 S 25th St@Forest Grove Middle School - North 11,064,00 Record flashers not previously recorded S 25th St@Forest Grove Middle School - South 11,064.00 Record flashers not previously recorded Lakewood Park School@lndrio Rd - East 5,700.00 Record flashers not previously recorded Lakewood Park School@lndrio Rd - West 5,700.00 Record flashers not previously recorded Orange Ave Baptist School - East 5,700.00 Record flashers not previously recorded Orange Ave Baptist School - West 5,700.00 Record flashers not previously recorded Angle Rd@North 50th St - North 4,680.00 Record flashers not previously recorded Angle Rd@Westwood High School· South 4,680.00 Record flashers not previously recorded Edwards Rd@Ft Pierce Central High - North 21,320.00 Record flashers not previously recorded Edwards Rd@Ft Pierce Central High· South 21,320.00 Record flashers not previously recorded Ft Pierce Blvd@Lakewood Park School - North 5,700,00 Record flashers not previously recorded Ft Pierce Blvd@Lakewood Park School - South 5,700.00 Record flashers not previously recorded Oleander Ave@White City School· North 6,041.00 Record flashers not previously recorded Oleander Ave@White City School· South 6,041.00 Record flashers not previously recorded Midway Rd@Weatherbee School· East 7,400.00 Record flashers not previously recorded Midway Rd@Weatherbee School - West 7,400.00 Record flashers not previously recorded WeatherBee Rd@School - East 7,400.00 Record flashers not previously recorded WeatherBee Rd@School - West 7,400.00 Record flashers not previously recorded Traffic School Flashers Added: $ 150,010,00 51 Lucie County Required GASB 34 Infrastructure Reporting Schedule of Additions FY 2006 1989 North 39th St@Metzgar Rd 4,801.00 Record flashers not previously recorded 199f Glades Cut-off Rd@Landfill Entrance 6,773.00 Record flashers not previously recorded 1991 Sunrise Blvd@Bell Ave 5,235.00 Record flashers not previously recorded 1991 Midway Rd@Weatherbee Rd 7,612.00 Record flashers not previously recorded 1989 Juanita Ave@N 53rd St 1,313.00 Record flashers not previously recorded 1993 Ft Pierce Blvd@Holopaw Ave 7,203.00 Record flashers not previously recorded School Flashers and Ques Added: $ 32,937:00 1989 Sidewalk Not Recorded - South 33rd 8,369.92 Record sidewalk accepted in 1989 1990 8719 Sidewalk Not Recorded - River Park/Sheridan 140,840.58 Record sidewalk accepted in 1990 1988 8714 Sidewalk Not Recorded - Ft Pierce Blvd 122,044.41 Record sidewalk accepted in 1988 Sidewalks Added: $ 271,254.91 1991 Elks Park 6 Baseball Fields $ 675,000.00 Record Imp orr Bldg Asset 1991 Elks Park Irrigation $ 125,000.00 Record Imp orr Bldg Asset 1991 Elks Park lighting $ 225,000.00 Record Imp orr Bldg Asset 1991 Elks Park paved parking lot $ 100,000.00 Record Imp orr Bldg Asset 1991 Elks Park irrigation well/pumps $ 75,000.00 Record Imp orr Bldg Asset 2004 Elks Park fencing $ 249,426.00 Record Imp orr Bldg Asset Total Elks Park: $ 1,449,426.00 1990 Horatio Grisby Park - 3 Court Basketball wlfence $ 100,000.00 Record Imp orr Bldg Asset 1994 Baseball Field $ 190,000.00 Record Imp orr Bldg Asset 1994 Softball Field $ 175,000,00 Record Imp orr Bldg Asset Total Horatio Grisby Park: $ 465,000.00 1994 lUaus Ellis Park - Baseball Field $ 250,000.00 Record Imp orr Bldg Asset 1990 lUaus Ellis Park - Practice Field with Backstop $ 15,000.00 Record Imp orr Bldg Asset 1990 lUaus Ellis Park - Football Field $ 150,000.00 Record Imp orr Bldg Asset lUaus Ellis Park - Paved parking Lot $ 175,000.00 Record Imp orr Bldg Asset 2004 IlIous Ellis Park - Sports Field Fencing $ 231,037.00 Record Imp orr Bldg Asset Totallllous Ellis Park: $ 821,037.00 1997 Lakewood Park - Basketball Court $ 35,000.00 Record Imp orr Bldg Asset Total Lakewood Park: $ 35,000.00 1995 Dreamland Park Basketball Court $ 75,000.00 Record Imp orr Bldg Asset 1970 10 Practice Fields with stops $ 300,000.00 Record Imp orr Bldg Asset 1995 Playground $ 15,000.00 Record Imp orr Bldg Asset Total Dreamland Park: $ 390,000,00 1991 Lawnwood Irrigation $ 100,000.00 Record Imp orr Bldg Asset 1991 Lawnwood Practice Field $ 25,000,00 Record Imp orr Bldg Asset 1991 Lawnwood Bleachers Field 3 $ 20,000.00 Record Imp orr Bldg Asset $ 145,000.00 Mise Yrs Historical Museum Contents 103,600.00 Record museum inventory Misc Yrs Gardner House Contents 10,400.00 Record museum inventory Museum Contents Added: $ 114,000.00 Park Improvements orr Bldg Added: $ 3,419,463.00 TOTAL IMP orr SLOGS ADDED TO 164900: $ 36,046,721 .29 GL 164900 St Lucie County Required GASB 34 Infrastructure Reporting Schedule of Additions FY 2006 LAND GL 161900: Date Pro e # Descri tion Amount Reason for Ad'ustment 1996 Chuck's Seafood #240213300020003 $ 318,991.84 Record Land GL 161900 Total Chuck's Seafood Land: $ 318,991.84 Unknown SLC Agape Senior Ctr#240371000120000 $ 6,724.48 Record Land GL 161900 Total Agape Senior Ct Land: $ 6,724.48 Unknown SLC CHS Wave Crest #243233200010000 $ 6,709,93 Record Land GL 161900 Total Wave Crest Land: $ 6,709.93 Unknown SLC Drug Abuse Tx Ctr #243233200020007 $ 23,259.15 Record Land GL 161900 Total Drug Abuse Tx Ctr Land: $ 23,259,15 TOTAL LAND: $ 355,685.40 ~ AGENDA REQUEST ITEM NO. C-IOB DATE: January 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Dori Slosberg Mini-Grant Awards BACKGROUND: On June 18,2002, the Board enacted Ordinance 02-17 providing for the creation of a Driver Education Safety Trust Fund based on the Dori Slosberg Driver Education Safety Act, Florida Statutes 318.1215. The funding is designated to assist driver education safety programs in public and non-public schools in the County. Funds can be used for direct education expenses and not for administration. Also, there is a $30,000 cap on the individual grant awards. Due to increases in the costs of these programs to the schools, they are requesting between $40,000-$50,000 each. There is $318,497 in funds available. The grant was advertised on November 81\ 2006 with an application deadline of December 81h 2006. We received five applications totalling $178,799.50 (See attached memo and grant applications). FUNDS AVAILABLE: Dori Slosberg Driving Safety Fund (107004) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the awards of grant funds; changing the award date this year to February 151 instead of March 15t; and authorizing the County Attorney's Office to draw up the appropriate contracts for the Chairman's signature. Staff also recommends increasing the cap on individual grant awards to $50,000 and approval of revised grant procedures. COMMISSION ACTION: CE: ~l APPROVED [] DENIED r-] OTHER: Approved 5-0 - Doug Anderson County Administrator !itJr County Attomey:xx Me. Coordination/Signatures . Management & Budget: ~ Purchasing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, ¡fapplicable)-L. G:\BUDGET\ WP\AGENDA'S\AGENDA07\ 1 '09'07 DORISLOSBERGMINIGRANT.DOC MEMORANDUM 07-09 OFFICE OF MANAGEMENT & BUDGET TO: FROM: SUBJECT: DATE: Board Of County Commissioners Marie Gouin - OMB Director Dori Slosberg Mini-Grant Awards January 09, 2007 The Dori Slosberg Mini-Grant funding is designated to assist driver education safety programs in public and non-public schools in the County. Funds can be used for direct education expenses and not for administration~ The deadline for schools to submit their Dori Slosberg grant applications expired on December 8, 2006. We have received the following requests totaling $178,799.50 (See attached grant applications): $38,650 Ft. Pierce Central High School $39,750 Ft. Pierce Westwood High School $29,000 Lincoln Park Academy $41,399.50 St. Lucie West Centennial High School $30,000 Treasure Coast High School $178,799.50 As of December 8, 2006, we have $318,497 in the Dori Slosberg Driving Safety Fund (107004). Attached is a copy of the grant procedures and general program information. Staff recommends that the Board of County Commissioners approve the awards of grant funds; changing the award date this year to February 1st instead of March 1st; and authorizing the County Attorney's Office to draw up the appropriate contracts for the Chairman's signature. Staff also recommends increasing the cap on individual grant awards to $50,000 and approval of revised grant procedures. DORI SLOSBERG DRIVER SAFETY EDUCATION ACT MINI-GRANT PROCEDURES General Provisions: 1. Grants wi1l be awarded one time in each fiscal year no later than November 1 s1. 2. Annual application deadline will be September 15th. The deadline will be advertised through a press release and on the County's website. 3. County Administrator wi1l oversee the selection process based on applicants' accomplishments in the drivers education programs. 4. Individual awards will be calculated based on the number of qualified program recipients and availability of funds at the time of selection. Individual awards may not exceed $50,000. Applications process: 1. Applications and information will be available on the County's website and at the Office of Management and Budget (OMB). 2. Applications will be collected by OMB. 3. Within a week after the advertised deadline, OMB will forward all applications to the County Administrator. A ward Process: 1. County Administrator will review all applications and make award recommendations. 2. OMB will prepare a Board agenda item listing all recommended awards. 3. County Attorney's Office will draft the grant contracts. 4. S1. Lucie BOCC will approve the awards and give the Chairman the authority to execute mini-grant contracts. 5. OMB will post the list of grant recipients on the County website. 6. OMB will process purchase orders based on mini-grant contracts. 7. OMB will process payments of awards. Post-Award Requirements: 1. The grant funding will be used for direct educational expenses related to driving safety and not for administration. 2. Grant period will start on November 15t and end on October 31 5t the following year. County Administrator will be authorized to approve grantees petitions to change the grant period. 3. Grantees will submit to OMB an annual report detailing program expenditures. The report will be due on/or before November 30 of the year following the award. Funds not used before October 3151 following the year of award shall be returned to S1. Lucie BOCC, unless an extension is granted by the County Administrator. G:\Budget\ WP\Dori Slo5berg\PROCEDURES.doc DORI SLOSBERG DRIVING SAFETY MINI - GRANT PROGRAM On June 18,2002, the St. Lucie County Board of County Commissioners (BOCC) enacted Ordinance 02-17 providing for the creation of a Driver Education Safety Trust Fund based on the Dori Slosberg Driver Education Safety Act, Florida Statutes 318.1215. The funding is designed to assist driver education safety programs in public and non-public schools in the County. Funds can be used for direct education expenses and not for administration. St. Lucie BOCC decided to distribute the funds through a competitive mini-grants process. Applications will be evaluated on the basis of the success of the program. Final approval will be made once a year by the St. Lucie BOCC. Individual awards will be based on the number of qualified applicants and availability of funds at the time of selection. There is a $30,000 cap on individual grant awards. The application deadline is December 8, 2006. Please mail or fax your completed application to the following address: Office of Management and Budget St. Lucie County Board of County Commissioners 2300 Virginia Ave. Fort Pierce, FL 34982-5652 Fax: 772-462-2117 RE: DORl SLOSBERG PROGRAM This is the full text of Florida Statute 318.1215 providing the basis for this Prof!ram: 318.1215 Dori Slosberg Driver Education Safety Act.--EjJective October 1, 2002, notwithstanding the provisions of s. 3] 8.] 2]. a board of county commissioners may require, by ordinance, that the clerk of the court collect an additional $3 with each civil traffic penalty, which shall be used to fund traffic education programs in public and nonpublic schools. The ordinance shall provide for the board of county commissioners to administer the funds. The funds shall be used for direct educational expenses and shall not be used for administration. Each driver education program receiving funds pursuant to this section shall require that a minimum of 30 percent of a student's time in the program be behind-the-wheel training. This section may be cited as the "Dori Slosberg Driver Education Safety Act. " 6. 7. 8. ST. LUCIE COUNTY DORI SLOSBERG DRIVER EDUCATION SAFETY ACT MINI-GRANT PROGRAM SECTION A. APPLICANT INFORMATION Identify the agency or organization and official who is authorized to execute any grant related documents: 1. 2. Applicant Name: ~+- Lvc,e. West Ce/l1?n/JI....1 Address: N8) SL.t' C"ls¡'~ ~)vj fSc FI , J!,7f, 5:, ;1~CJ / JV'7S-3 3. 4. 5. 6. 7. 8. Telephone number: (71)) 7'l)'-Ctto Authorized official: bc.'/tz. ,,~ Fiscal officer: ~N¡ ß~r~ e.·.." Program director: DetJ,'),} /)Ç;WJCH\ I T/'e/l+ '#",.,r J,. Federal Identification Numþer: S1- ¿OOÒ~?2 Status: Public School V Non-Public School SECTION B. PROGRAM INFORMATION 1. 2. 3. 4. 5. Program name: D(iv~r El.lc &, hé,,,, Program type: C 1~~5r"'-''''I1 S;Nr,}/~for L&lb /0,., rQI,J Total program budget (attach copy of proposed program budget): Amount of grant funds requested: j ~/I 311. 50 . List other committed (note with "*") and/or potential funding sources for program and any matching requirements for such funds: Funding source: Amount: Estimated number of students to be served: 30ò(pé'r ye.:.r) Ir-ö Iff .r~.)-Iu Cost per participant: Amount of funds requested divided by estimated number of students served: 1J, /3 7. 1 '1 Is at least 30'}'o of the student's time spent in behind -the-wheel training? yes 1 SECTION C. NARRATIVE INFORMATION: On attached sheet(s), answer the following questions concisely as possible. Please limit total response to 500 words or less. 1. What type of program is proposed? What services will it provide to participants? 2. What procedures and guidelines will be used to select and monitor program parti ci pants? 3. What specific outcomes do you seek to achieve? Describe in measurable terms the , outcomes sought. SECTION D. CERTIFICATION: I do hereby certify that all facts, figures and representation made in this application are true and correct. Furthermore, all applicable statutes, regulations and procedures for program compliance and fiscal control shall be implements to insure proper accountability of any grant funds awarded. I further certify that the funds requested in this application shall not supplant funds that would otherwise be used for the purpose set forth in this application. The filing of this application has been authorized by the Grant Applicant and I have been duly authorized to act as the representative of the Grant Applican in connection with this application. ) fficial's Signature !Oþ 0Í-1y/e t '/{¿ ate Type Authorized Official's Name Ten-/- ;J?;'l1cA Name of Grant Applicant MUST BE RECEIVED NO LATER THAN 5:00 P.M., December 8, 2006. MAIL, FAX, OR DELIVER YOUR APPLICATION: St. Lucie County Board of County Commissioners Office of Management and Budget 2300 Virginia Avenue Fort Pierce, Florida 34982 Fax: 772-462-2117 RE: Dori Slosberg Driver Education Safety Act Mini-Grant Program G: \Budget \ WP\Dori 5Iosberg\fy07\APPLICA TION.doc 2 , . Narrative Information I) What type of program is being proposed? The Driver Education program at St Lucie West Centennial is broken up into three components. These components include Classroom Instruction (Roadwise Program), Simulation Lab, and On the road driving. What services will it provide? This Driver Education program will assist student in obtaining a Leamer's driving pennit through the Roadwise program free of charge. After each student receives a Leamer's pennit, they will then be eligible to receive tree driving lessons after school. Each student will receive up to 6 hours of hands on driving with a state certified driving instructor. 2) What procedures and guidelines will be used to select and monitor program participants? The guidelines to participate in this program include the following: a) Completion of the DATE (Drug Alcohol Traffic Education) program produced by Roadwise - Given during the 151 week of school. b) Successfully passing the pennit test - Given by the DMV(Department of Motor Vehicles) *Once these two requirements are met, student is eligible to receive Leamer's Pennit 3) What specific outcomes do you seck to achieve? To teach new drivers safe driving techniques and strategies by use of classroom instruction, simulation driving, and hands on behind the wheel training. It is my goal to reduce the number of accidents and driving violations that are attributed to inexperienced drivers. Describe the measurable outcomes sought? Eighty percent of the students enrolled in this Driver's Education program will successfully complete all three components of the program. Eighty percent of the students completing the course will qualifY for a Leamer's Pennit and Operator's License. Burleet Paee St Lucie West Centennial High School Proposal for Dori Slosberg Grant Grades 9-12 Basic Instruction Behind the Wheel Dashboard Camera $1000 Behind the Wheel Training, subcontract to Commercial Driving School (Includes all vehicle use, insurance, and instructor fees) $29,000 Roadwise Program $11,399.50 Total 541,399.50 ,) ST. LUCIE WeST CENTENNIAL HIGH SCHOOL Name of Eligible Recipient: TAPS Number ~) Proiect Number: (DOE USE ONLY) FLORIDA DEPARTMENT OF EDUCATION BUDGET NARRATIVE FORM (1 ) (2) FUNCTION OBJECT 5100 310 5100 621 5100 641 (3) ACCOUNT TITLE AND NARRATIVE (4) FTE POSITION (5) AMOUNT Consultant Services-Commercial Driving School $29,000,00 Behind the Wheel Dashboard Camera 1,000.00 Florida Safety Council Roadwise Education Training Program 11,399.50 with Licenses $ 41,399.50 DOE 101 Rev.01/05 Page 1 of 2 John L. W;nn, Commission.' _ ST. LUCIE COUNTY DORI SLOSBERG DRIVER EDUCATION SAFETY ACT MINI-GRANT PROGRAM SECTION A. APPLICANT INFORMATION Identify the agency or organization and official who is authorized to execute any grant related documents: 1. Applicant Name: Lincoln r")ark .:\cademy 2. Address: 1806 Avenue I Fort Pierce, FL 34950 3. Telephone number: 468-5474 4. Authorized official: Peggy Anderson 5. Fiscal officer: Tim Bargeron 6. Program director: Richard Morgan 7. Federal Identification Number: 59-60000832 8, Status: Public School xx Non-Public School SECTION B. PROGRAM INFORMATION 1. Program name: Lincoln Park Academy Driver I s Education Program 2, Program type: Driver's Education 3. Total program budget (attach copy of proposed program budget): $29,000 4. Amount of grant funds requested: $29.000 5. List other committed (note with "*") and/or potential funding sources for program and any matching requirements for such funds: Funding source: Amount: N/A 6. Estimated number of students to be served: 132 7. Cost per participant: Amount of funds requested divided by estimated number of students served: $219.70 8. Is at least 30io of the student's time spent in behind -the-wheel training? yes 1 SECTION C. NARRATIVE INFORMATION: On attached sheet(s), answer the following questions concisely as possible. Please limit total response to 500 words or less. 1. What type of program is proposed? What services will it provide to participants? 2. What procedures and guidelines will be used to select and monitor program participants? 3. What specific outcomes do you seek to achieve? Describe in measurable terms the outcomes sought. SECTION D. CERTIFICA TION: I do hereby certify that all facts, figures and representation made in this application are true and correct. Furthermore, all applicable statutes, regulations and procedures for program compliance and fiscal control shall be implements to insure proper accountability of any grant funds awarded. I further certify that the funds requested in this application shall not supplant funds that would otherwise be used for the purpose set forth in this application. The filing of this application has been authorized by the Grant Applicant and I have been duly authorized to act as the representative of the Grant Applicant in connection with this application. f! al1 ~- Authorized Official's Signature Peggy Anderson Date Type Authorized Official's Name ~~ Name of Grant Applic nt Richard Morgan MUST BE RECEIVED NO LATER THAN 5:00 P.M., December 8, 2006. MAIL, FAX, OR DELIVER YOUR APPLICATION: St. Lucie County Board of County Commissioners Office of Management and Budget 2300 Virginia Avenue Fort Pierce, Florida 34982 Fax: 772-462-2117 RE: Dori Slosberg Driver Education Safety Act Mini-Grant Program G \Budget\ WP\Dorl Slosberg\ fy07\APPLICA TION,doc 2 Narrative Information 1. This grant would serve the students of Lincoln Park Academy in St. Lucie County. The course is Driver Education, course # 190031 O. This course would provide after school in-car Driver's Education to Lincoln Park Academy students through a private vendor. 2. The program is designed so that the students must satisfactorily complete their classroom coursework according to the guidelines developed by the Florida Department of Education. . 3. The main objective is and always has been to provide the students with the skills and knowledge to become safe drivers, avoiding tickets and accidents. Budget Page Lincoln Park Academy Driver's Education Department Proposal to Dori Slosberg Mini Grant Program Grades 9-12 Basic Instruction Consultant Services to provide 6 hours of after school in-car Driver's Education for up to 132 students, subcontracted to a private vendor (To include all vehicle use, insurance and instructor fees $29.000 A) LINCOLN PARK ACADEMY Name of Eligible Recipient: TAPS Number B) Proiect Number: (DOE USE ONLY) (1) (2) FUNCTION OBJECT FLORIDA DEPARTMENT OF EDUCATION BUDGET NARRATIVE FORM (3) ACCOUNT TITLE AND NARRATIVE (4) HE POSITION (5) AMOUNT 5100 310 Consultant Services-Commercial Driving School $29,000.00 $29,000.00 DOE 101 Rev. 01/05 Page 1 of 2 John L. W;nn, Comm;ss;one' 8 ! ST. lUCIE COUN1Y DORI SLOSBERG DRIVER EDUCATION SAFETY ACT MINI-GRANT PROGRAM SECTION A. APPLICANT INFORMATION Identify the agency or organization and official who is authorized to execute any grant related documents: 1. Applicant Name: Ft. Pierce. Westwood Hig~ ,Schoo~ 2. Address: 1801 Angle Road, Ft. Pierce. FL 34947 3. 4. 5. 6. 7. 8, Telephone number: 772-468-5400 Authorized official: Lin Bushore Fiscal officer: Tim Bargeron Program director: Keith Williams Federal Identification Number: --59-þ000832 Status: Public School X Non-Public School - " SECTION B. PROGRAM INFORMATION 1. Program name: Driver's Education 2. Program type: In car. driving. classroom interactive multimedia program 3. Total program budget (attach copy of proposed program budget): $39.750 4. Amount of grant funds requested: $39.750 5. List other committed (note with ""''') and/or potential funding sources for program and any matching requirements for such funds: Funding source: Amount: N/A 6, Estimated number of students to be served: 300 7. Cost per participant: Amount of funds requested divided by estimated number of students served: 132.50 8. Is at least 301'0 of the student's time spent in behind -the-wheel training? Yes 1 SECTION c. NARRATIVE INFORMATION: On attached sheet(s), answer the following questions concisely as possible, Please limit total response to 500 words or less. 1. What type of program is proposed? What services will it provide to participants? 2. What procedures and guidelines will be used to select and monitor program participants? 3. What specific outcomes do you seek to achieve? Describe in measurable terms the outcomes sought. SECTION D. CERTIFICATION: I do hereby certify that all facts, figures and representation made in this application are true and correct. furthermore, all applicable statutes, regulations and procedures for program compliance and fiscal control shall be implements to insure proper accountability of any grant funds awarded. I further certify that the funds requested in this application shall not supplant funds that would otherwise be used for the purpose set forth in this application. The filing of this application has been authorized by the Grant Applicant and I have been duly authorized to act as the representative of the Grant Applicant in connection with this application. 'ft3 ' ,",,~oP£- Authorized {Æi _ture Name rant Applicant O-~ Date T;n Rllc,hnrp Type Authorized Official's Name MUST BE RECEIVED NO LATER THAN 5:00 P.M.. December 8, 2006. MAIL, FAX, OR DELIVER YOUR APPLICATION: St. Lucie County Board of County Commissioners Office of Management and Budget 2300 Virginia Avenue fort Pierce, Florida 34982 Fax: 772-462-2117 RE: Dori Slosberg Driver Education Safety Act Mini-Grant Program G. \Budget\ WP\Dorl Slosberg\ fy07\APPLICA nON.doc 2 Grant Narrative This grant will serve the students of Fort Pierce Westwood High School. The course is Driver Education, Course # 190031 O. This course is a classroom format serving approximately 150 students per semester in grades 9-12. The students will also be participating in the Roadwise Program which is an interactive and engaging training module for students based on learning the rules of the road. . The students must satisfactory complete their classroom coursework according to th~ guidelines developed by the Florida Department of Education. The main objective is and will continue to be to provide the students with the skills and knowledge to become safe drivers, avoiding tickets and accidents. A) FORT PIERCE WESlWOOD HIGH SCHOOL Name of Eligible Recipient: TAPS Number B) Proiect Number: (DOE USE ONLY) (1) (2) FUNCTION OBJECT FLORIDA DEPARTMENT OF EDUCATION BUDGET NARRATIVE FORM (3) ACCOUNT TITLE AND NARRATIVE (4) FTE POSITION (5) AMOUNT 5100 310 Consult¡mt Services-Commercial Driving School $29,000.00 5100 ó41 Florida Safety Counci)' Roadwise Education Tre: "Program 10,750.50 wllh Li(;'-;¡¡.,~, $ 39,750.50 DOE 101 Rev. 01/05 Page 1 of 2 John L. W;nn, Comm;..ion., __ ST. LUCIE COUNTY DORI SLOSBERG DRIVER EDUCATION SAFETY ACT MINI-GRANT PROGRAM SECTION A. APPLICANT INFORMATION Identify the agency or organization and official who is authorized to execute any grant related documents: 1. Applicant Name: Fort Pierce Central High School 2. Address: 1101 Edwards Road Fort Pierce. Florida 34982 3. Telephone number: (772) 468-5888 4. Authorized official: Mr. John C. Williams 5. Fiscal officer: Tim Bargeron 6. Program director: Denni R Dawson/Martin Bowie 7. Federal Identification Number: 59-6000832 8. Status: Public School x Non-Public School SECTION B. PROGRAM INFORMATION 1. Program name: Driver's Education 2. Program type: Classroom 3. Total program budget (attach copy of proposed program budget): $38.650 4. Amount of grant funds requested: 5. List other committed (note with "*") and/or potential funding sources for program and any matching requirements for such funds: Funding source: Amount: 6. Estimated number of students to be served: 160 7. Cost per participant: Amount of funds requested divided by estimated number of students served: $241.00 8. Is at least 30"0 of the student's time spent in behind -the-wheel training? ye.s OFFICE OF r. rAGF.M~: : ",",DT 1 ... . ""'-Ir! "",....IT\I rl ,."....,,& SECTION c. NARRATIVE INFORMATION: On attached sheet(s), answer the following questions concisely as possible. Please limit total response to 500 words or less. 1. What type of program is proposed? What services will it provide to participants? 2. What procedures and guidelines will be used to select and monitor program participants? 3. What specific outcomes do you seek to achieve? Describe in measurable terms the outcomes sought. SECTION D. CERTIFICATION: I do hereby certify that all facts, figures and representation made in this application are true and correct. Furthermore, all applicable statutes, regulations and procedures for program compliance and fiscal control shall be implements to insure proper accountability of any grant funds awarded. I further certify that the funds requested in this application shall not supplant funds that would otherwise be used for the purpose set forth in this application. The filing of this application has been authorized by the Grant Applicant and I have been duly authorized to act as the representative of the Grant Applica 'n connection with this application. John C. Williams Type Authorized Official's Name Martin Bowie MUST BE RECEIVED NO LATER THAN 5:00 P.M., December 8, 2006. MAIL, FAX, OR DELIVER YOUR APPLICATION: St. Lucie County Board of County Commissioners Office of Management and Budget 2300 Virginia Avenue Fort Pierce, Florida 34982 Fax: 772-462-2117 RE: Dori Slosberg Driver Education Safety Act Mini-Grant Program G: \Budget \ WP\Dori Slosberg\ fy07\APPLICA TION.doc 2 Narrative Information 1. This grant would serve the students of Fort Pierce Central High School in St. Lucie County. The course is Driver Education, course #1900310. This course is a classroom fonnat serving approximately 160 students in grades 9-12 per year. This program is the on-the-road follow up component of the course study. The students will also be participating in the Roadwise program which is an interactive and engaging training modules for students based on learning the rules of the road. 2. The program is designed so that the students must satisfactory complete their Classroom courscwork according to the guidelines developed by the Florida Department of Education. 3. The main objective is and always has been to provide the students with the skills and knowledge, to become safe drivers, avoiding tickets and accidents. Budget Page Fort Pierce Central Driver's Education Department Proposal to Dori Slosberg Mini Grant Program Grades 9-12 Basic Instruction Consultant services, subcontract to Commercial Driving School To include all vehicle use, insurance, and instructor fees. $29,000 Road Wise Program. 9.650 Total $38,650 ~) Fnr~ P;prce C.pn~ral-nnri Slo~hprg Name of Eligible Recipient: TAPS Number B) Proiect Number: (DOE USE ONLY) FLORIDA DEPARTMENT OF EDUCATION BUDGET NARRATIVE FORM (1 ) (2) (3) (4) (5) FTE FUNCTION OBJECT ACCOUNT TITLE AND NARRATIVE POSITION AMOUNT 5100 110 Contractural Services with Commercial Drivint! - . . $?q 00000 5100 641 Florida Safety Council Roadwise Driver Education 9.650.00 Trainino I ! ~ . 'I.;' , . .~. .... ',:. . - . I' t ~~>" . , ,;---Ì' r\~ . ~ 'J.~~ $ 38.650.00 ~ , '" , " ,~ : . - .' DOE 101 Rev. 01/05 Page 1 of2 John l. Winn, Commission., 8 ·~r'l::.~ - L'~) - .:lJdb 1 ::' : ':,3 F t' 0 ((¡ : T ü ....~·~·~,221.:. 7 P.l TREASURE CQAST HIISN SCHOOL ;:~tu~jo?;¿J· ·'~'~t~, ; ¡ ···-'8,'" H"b'~. ..·.;~;ri:'~I· . ..' "." (771) 1If 74J10 ~- ,I Fax Transmittal Form .- -- TO: Office of Manacement & Budget FROM: Marge SlJbock. Executive Secreta ry St. Lucie County Board of County Phone: (772) 807·4311 Commissioners Fax: (772) 807·4325 I ¡ FAX: 772-462·2U7 - - - I PHONE: - DATE: December 5, 2006 I Crgent - NUMBER OF PAGES INCLUDING COVER SHEET: 5 , I For Review Please <:oml1ltmt -_....~ I ~- I i PI~afit~ Reply L--- __ Message: Application far th. Dorl SIosberg Drive, Education Salfet, Act Mini. Grant Program from Treasure Co.at High ScbooL 'œC-0S':'20ðb 15: 59 rr om: r(,: 77j4E:22117 p.2 ST. LUCIE COUNTY DORr SLOSBERG DRIVER EDUCATION SAFETY ACT .W:NI MGRANT PROGRAM SECTION A. APPLICANT INFORMATION :d!ntify the agency or Qrgonlzation ond official who is GuthcI';2ed to execute any grant "elated documents: . .1. Applicant Name: Treasure COÐst HilÒlo Sdool Addr~ss: 1000 SW Di.Jrwin Bl~'d. £a:!:.t. <::;t. T 11::1 E', FL i~9,1 Telephone number: (772).807-4300 Authorized official:, HelEn R~ bertP Fiscal officer: Tim Bargeron P,'ogrom director: _~ry Krause .'Imi Helen Robert!> Federal Identification Number: '19-hnr,OR"{7 StatuS: Public School_~ Non-Public School ------ 2, 3. 4. 5. 6. 7. 8. ,- SECTION B. PROGRAM INfORMATION 1. Program name: Driver's Education 2. Progrcm type: Aftêr School InstructioL and l{IJad '1'r':\Íning 3. Total program budget (attach ccpy of proposed program budget): $30,000 4. Amount of grant funds requested: $~n/)oo 5. List othe:r commítt~d (note with W"''') and/or potential funding SOurc.e5 for progrrJlT1 and Qn)' matching requirements far such funds: Funding sourCE. Amount: ßU -- _.._-----~ 6. Es'timatt.d number of sTudents to be served: 2b4 M__ 7. Cest per participant: Amownt of funds requested divided by estimated number of students served: $95 B rs at least 30% of the student's time spent in behind -rhe·w'ïeel training? Yee 1 pEC-ØS-20JE 15:53 From: To: -;·-··"\4¿,l~'21 j.7 P.: .sECTION C. NARRATIVE INFORMATION: On attached sh~~t(s), anSwer the following Que.stions concisely as possïble. PIe.::1,se limit total response to 500 words or less. 1. What 1'yþ~ of program is proposed' What services wi!1 it provide to participo.nts' 2. What procedures and guidelines will be used to select and mo')itor program participants? 3. What specific outcomes do you seek to achieve? Describe in measurable te.rms the outc.omes sought. sECTION I). Ce~TIFICATION: r do hereby ctrtify that all racts, figures and reprutntation rnad~ in this application are true and correct. Furthermore, all applicable 5ta1ut~s, regulations and prcceduI'cs for program compliance and fiscal control shall be implements 10 insure proper accountability of any grant funds awarded. I further certify ¡hat the funds requested in this application shall (\01' supplant funds that w::!uld otherwi'se be used for the purpose set forth in this application, The filing of this aþplication has been authorized by th.a GrQnt Applicant and I have been duly (luthorized to act as the representative of the Grant Applicant in connection wth t s plicatiorl. I. Date tvl.31lissa Hamilton, M$ist,mt Principal Name of Grant Applicant MUST Be RECEIVED NO LATER THAN 5:00 P.M., December 8, 2006. MAIL, FAX, OR OeUVER YOUR APPLICATION: St Lucie County Board of County Co'~mis5;oners Office of Management and Budget 2300 Virginia Avenue Fort Pierce, Florida 34982 fax: 772-462-2117 RE: Dori Slosbe.rg Driv~r Education Safety Act Mini-Grant Program G \ Bud!jd\ WP\ÛQ,' Siosber~\fyJ7\APPL!(:A TrGN due; 2 , oEC-es-20Ø6 lG:ØØ Fn.i\l: T (J ; -'-~"4=,(~21 :. 7 NARRATIVE INFORMATIO~ 1. This grant wOllld provide studC'nt~ all alkr s(,:hool -.;ix hour drug and :lIcol101 cI;¡s~, In addition it would provide an on-the-road follow-up COl\Ji) ) I~nt of the program, 2. During after ~chool, students will be provided a six hour drug (tnd (1k~ h(jl class by u certified teacher. Students with a valid karr\l.:r;...· pt:rmit ·...'ill be provided six hours ùrÎ\¡:rs' instruction in ;!C~\wl vehicles provided by ¡¡ commercial driving SI::l1001. j'}',e n\;\ìp-!!.i~ctív~ is Ln prnvid~ 1111;: sludl~ntg with the [)C'comc sak drivcr~. and knowìed, 4. SevcJ\ty-five I-h~rœJlI ûf the ~lmknts t:nrl1l1ed in the on-the-r()ad drivers' l'ùm:aliòn pro~ram will successfully comple¡~ the <.:oursc Bud will <¡ualif)' for Florida dri"ers' licens~s. F' r.- . -' ---- , DEC-ßS-2ßØ6 16: øa FI'OO',: T,): ~'--':k)c2127 BUDGET I)AGE TREASURE COAST HIGH SCHOOL PROPOSAL }'OK nOlU SLOSßF:RG GRANT -----.--.--.-- . . COI1SLltJ.llt !'er\"ke~. subcontract to - ! $25,000 commcrcial ddving !;chool to include aU Vt'hiclc use, inSllr¡ince [tnd ins[rLJC'[or fees --t-... _1_~!rurtl~~~.~~n(ls -----.--'-------i.. 5,000 TOTAL I $30,000 ------- ~---- .----.- .------.-.-. P.4 ~ --'1 ¡ AGENDA REQUEST ITEM NO. C10-C DATE: January 9,2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Request for approval of 2007 Budget Amendment in the amount of $246,674 for S1. Lucie County Property Appraiser. BACKGROUND: Request Budget Amendment to purchase (2) new vehicles and EDP Equipment (see memo attached from Property Appraiser). FUNDS AVAILABLE: Various funds A/C#549120 PREVIOUS ACTION: none RECOMMENDATION: Staff recommends the Board approve the Budget Amendment in the amount of $246,674 for S1. Lucie County Property Appraiser. COMMISSION ACTION: Orig Dept: )I'd' Coordination/Siqnatures r-' Management & Budget: ~ Purchasing: Central Services: ' Fi~ance: (C~eCk for Copy only, if applicable) E: [')(] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 County Attorney: PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. ", t JEFF FURST PROPERTY APPRAISER · Saint Lucie County 2300 Virginia Avenue Fcrt Pierce, Florida 34982-5698 ~ ~\\CIE Co. ~ ~~ ~ 19t., ~ Co? "'" To: Cathy Collins, Budget Supervisor Property Tax Administration Program From: Peter V Lezniewicz, Finance Manager Date: November 30, 2006 Subject: Budget Amendment # 1 Enclosed is Budget Amendment # 1 for fiscal period ending September 30, 2007. The Budget Amendment is for a total of $246,674. Listed below are the justifications for this amendment. Vehicles - We are in need of replacing some of the older field vehicles in our fleet. We currently need to purchase (2) new vehicles at an estimated cost of $50,000. The older vehicles will either be traded or sold separately. EDP Equipment - In an effort to serve our county at a higher level in regards to evaluation, assessment and even safety, we are purchasing an Oblique Imagery software system. This software will allow us to view images from four different angles as well as identify items such as significant out buildings and swimming pools that have been missed previously. It will also allow a higher level of evaluation in regards to quality and condition of construction as well as more detailed measurements without having to do field visits, especially in the area of damage assessment and reporting due to catastrophic type events. Lastly, this software will also assist other county agencies such as Police and Fire in viewing potentially hazardous situations at a location before arriving for service as well as viewing potential locations in areas where children have been reported missing. The estimated cost of this software is $213,600. The total cost of both purchases is estimated at $263,600. Most of the funding will come from this budget amendment totaling $246,674, which consists of the special assessment fees that were collected during our 2005/2006 fiscal year. The other estimated $16,926 will be paid for out of our current budget. If you have any questions or need additional information, please do not hesitate to contact me. cc: Marie Gouin Director Management and Budget Telephone: 772-462-1000. Facsimile: 772-462-1058. www.paslc.org An Equal Opportunity Agency ,. . 12/16/2006 03: 12 NO. 855 [;101 ~ DEPARTMENT OF REVENUE Jim Zingale Executive Director December 15, 2006 General Tax Administration Child Support Enforcement Property Tax Administration Administrative Services Infonnation Services MEMORANDUM FROM: Peter Lezniewìcz, Finance Manager, St. Lucie Property Appraiser's Office 0 . . " '. ,. ~_C~.UL1T Cathy Collins, ~¿flget Supervisor, Property Tax Adnùnistration Program TO: SUBJECT: Request for Authorization letter from county for carry over of funds This memorandum serves as a follow up to our conversation regarding your recent request for a budget amendment. The requested amendment will be funded from special assessment fees that were collected during the 2005~06 fiscal year. Section 218.36, Florida Statutes, requires county officers to return excess funds at the end of each fiscal year on or before the date for filing the annual report. The statutes state" any excess held by a property appraiser shall be divided into parts for each governmental u:nit which was billed and which paid for the operation of the property appraiser's office in the same proportion as the governmental units were originally billed" . Technically these funds belong to the county and other governmental units originally billed, therefore, it has been the policy of this office to request a letter from the county allowing the Property Appraiser to carry forward funds from one fiscal year to the next. Please let me know if you have any questions regarding this matter. Tallahassee, Florida 32399-0100 COUNTY'" F lOR I D A- Parks and Recreation Department Memorandum From: Board of County Commissioners Linda Barton, Assistant Director!ß To: Subject: Approval of Agenda Item #C-ll Date: 12/27/2006 Musco Sports Lighting, LLC has satisfactorily completed the lighting installation for the Lawnwood Complex soccer fields. Staff is requesting that the Board of County Commissioners approve the release of retainage to Musco Sports Lighting, LLC in the amount of $77,553.60. LB: em Attachments cc: D. Anderson, County Administrator R. 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[ TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Roberta Breene Authorize acceptance of Amendment 2 authorizing the receipt of an additional $34,500 and the extension to March 15, 2007 of an Emergency Watershed Protection Program Agreement (C06-03-115) with the USDA Natural Resources Conservation Service (69-4209- 6-1631). The goal of these funds is to slow runoff and prevent erosion in order to safeguard lives and property from floods. St Lucie County's responsibility includes securing any permits necessary, as well as providing construction oversight The damage is a result of Hurricane Wilma. These funds are assisting with repairs by paying approximately 75% of the following projects' costs: 1. Hidden River Estates Drainage Outfall Structures Repair $250,000 project is in the final stages. 2. Lakehurst Ditch $112,800 area canal embankment restoration project has been determined to require some additional work. 3. Blind Creek Park $440,000 project for the excavation and removal of vegetative debris and sand following the completion of the Emergency Dune Restoration Project has been delayed due to permitting from the Department of Environmental Protection. The permit is expected on or before September 10, and the work is then expected to be completed by November 30, 2006 The County's required 25% match ($11,500) will be made available in Account 316001- 41131-563000-42512 (Transportation Capital Local Option). On February 28, 2006, the Board: (1) declared the Blind Creek Park project an emergency, allowing waiver of the formal bidding process; (2) allowed staff to piggyback with Native Technologies, Inc. (NTI) on the existing NTI agreement with Broward County School Board and amend the agreement accordingly; and (3) authorized the submittal of an Emergency Watershed Protection Program funding request to the USDA Natural Resources Conservation Service for 75% funding of the $440,000 total project cost; and (4) authorized acceptance of the grant award; (4) On September 12, 2006, the Board approved Amendment 1, extended the completion date to November 30, 2006. Staff recommends that the Board authorize acceptance of an amendment authorizing the receipt of an additional $34,500 and an extension to March 15, 2007 an Emergency Watershed Protection Program Agreement with the USDA Natural Resources Conservation Service. COMMISSION ACTION: DCI APPROVED [] DENIED [ ] OTHER: Approved 5-0 Coordination/Signatures Mgt 'Budget' r4t···. Public Works: _ __ Project Mqr. County Attorney: Originating Dept: Finance: (copies) : ~/9;r. /UJ,ß~ Purchasing: Other: Exec. Asst, ,. l ;tiff Agenda Request Item Number: Meeting Date: C-13 IT 01/09/07 Consent Regular Public Hearing Leg. [ ] [ X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Presented By øiJ;i1I!/Þ Economic & Strategic Development Director Request approval to an amendment of the Economic Development Council Grant to cover both the two years of 2006-2007 and 2007-2008 in the amount of $100,000 per year. Economic & Strategic Development Department SUBJECT: BACKGROUND: During the budget meetings the Economic Development Council requested a two year agreement for the base grant of $100,000 per year. This is the same dollar amount that has been granted the EDC for the past several years. The EDC has been very active in recruiting new businesses to the County. This is evidenced by the recent commitment of Torrey Pines. The agreement will be developed with quarterly reports to insure that the program is on track. FUNDS AVAILABLE: Funds will be available in Account 666-1515-582000-100. PREVIOUS ACTION: The BOCC approved the initial budget request for the one year period on December 12, 2006 under Item C-3. This approval was for one year at $100,000. RECOMMENDATION: Staff recommends approval of this amendment to extend the grant of $100,000 per year to September 30, 2008 and to develop the agreement and authorize the Board Chairman to sign the agreement when completed. COMMISSION ACTION: [KJ APPROVED r=J OTHER Approved 5-0 D DENIED Do las M. Anderson County Administrator /-¡ Coordination! Signatures ~ County Attorney Finance.: Environ. Resources; , t . ;.--< f Mgt. & Budget: b.M Fire Dept: --cs- Utility: Purchasing: Publìc Works: Other: ,. ~ LINE-TO-LINE TRANSFER REQUEST DEPARTMENT: ENGINEERING 07-31 DATE: 12/27/06 TO: 316001-41131-563000-42512 Lakehurst Dr. Canal Road Culvert Re lace. $11,500,00 $0 FROM 316001-41131-563000-43033 Emer enc Culverts $11,500.00 $11,500.00 $272,077 REASON FOR TRANSFER: on 1/9/06. $11,500.00 Establish Coun 's 25% match as scheduled for Board a roval CONTACT PERSON: DEPARTMENTAL APPROVAL: OMS APPROVAL: ADMINISTRATION APPROVAL: Barb Meinhardt hQ fj.\~\.. ~ ( r PHONE #: 1708 OMB NOTES: $23,000 INPUT DATE: LlNE-TO-LlNE TRANSFER #: INPUT BY: DOCUMENT #: .",.. ~ ECONOMIC & STRATEGIC DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Economic & Strategic Development Department December 28,2006 Request approval to an amendment of the Economic Development Council Grant to cover both the two years of 2006-2007 and 2007-2008 in the amount of $100,000 per year During the budget meetings the Economic Development Council requested a two year agreement for the base grant of $100,000 per year. This is the same dollar amount that has been granted the EDC for the past several years. The EDC has been very active in recruiting new businesses to the County. This is evidenced by the recent commitment of Torrey Pines. The agreement will be developed with quarterly reports to insure that the program is on track. Funds will be available in Account 666-1515-582000-100. The SOCC approved the initial budget request for the one year period on December 12,2006 under Item C-3. This approval was for one year at $100,000. Staff recommends approval of this amendment to extend the grant of $100,000 per year to September 30, 2008 and to develop the agreement and authorize the Soard Chairman to sign the agreement when completed. sr \, " Agenda Request Item Number C\ ~ ß Date: 01/09/07 Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-JD [ ] Board of County Commissioners Presented By To: Submitted By: ¡¡¡j¡J;(~ . Economic S ategic Development Director Approval of a grant for Fort Pierce Fire Minor League Football Team in the amount of $4,000 to support the National Bowl Weekend on January 13 & 14, 2007. Economic & Strategic Development Department SUBJECT: BACKGROUND: The Fort Pierce Fire is bringing in 12 minor League football teams to Fort Pierce for the National Bowl Weekend. These teams come from around the country - Brooklyn, Racine, Milwaukee, etc. A conservative estimate of room nights that can be contributed to this event is 1 ,125 plus some TV exposure will occur. The amount of the grant will cover the County's cost to the Fire for the rent of the fields. The Treasure Coast Sport Commission is considering an additional grant to assist with the television production cost. FUNDS AVAILABLE: PREVIOUS ACTION: Funds available in account 001-5210-548010-17132 Granted $4,000 grant in 2006 for the All Star Games. RECOMMENDATION: Staff recommends funding this $4,000 grant. The recommendation requests the approval to issue a check for $4,000 dollars. ~ o DENIED COMMISSION ACTION: I APPROVED I OTHER Approved 5-0 lt~<'t County Attorney list... Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: ~ Other: ~ Purchasing: Other: ECONOMIC & STRATEGIC DEVELOPMENT DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Economic & Strategic Development Department DATE: January 9, 2007 SUBJECT: Approval of a grant for Fort Pierce Fire Minor League Football Team in the amount of $4,000 to support the National Bowl Weekend on January 13 & 14, 2007. The Fort Pierce Fire is bringing in 12 minor League football teams to Fort Pierce for the National Bowl Weekend. These teams come from around the country - Brooklyn, Racine, Milwaukee, etc. A conservative estimate of room nights that can be contributed to this event is 1,125 plus some TV exposure will occur. The amount of the grant will cover the County's cost to the Fire for the rent of the fields. 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BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 001-1931-546200-7505 (Maint. Improvement Projects- Morningside Library) 001-1931-546200-150048 (Maint. Improvement Projects- Sheriff Admin.) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the low bidder, Sun Sky Roofing-Bid #07 -009 (SBS Modified Roof Replacement), for the Roof Replacement at Morningside Library and the Sheriff's Administration Building. Staff further recommends the Board approve the use of available FY 06-07 IFF Funds in the amount of $39,377.00 to cover additional funds needed for the Sheriff's Administration Building roof project and authorize the Chair to sign the contract as prepared by the County Attorney. SION ACTION: [ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou erson County Administrator ~/ County Attorne~ Originating De~k~\'Å ~ Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: Purchasing M9:~ Other: Other: Eff. 1/97 H:\AGENDA\AGENDA-175 ROOF REPLACEMENT-MORNINGSIDE-SHERIFF ADMIN. .DOC r MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: January 9,2007 SUBJECT: · Award Bid #07-009 to the low bidder Sun Sky Roofing: Roof Replacement for Morningside Library & Sheriff's Administration Building · Approve the use of available FY 06-07 IFF Funds in the amount of $39,377.00 for the additional funds needed for the Sheriff's Administration Building roofproject. ****************************************************************************** BACKGROUND: Staff went out to bid (Bid # 07-009) on the Roof Replacement for the Momingside Library and the Sheriffs Administration Building. Bids were due December 13,2006, and seven (7) bids were received. Staff is seeking the Boards approval on the following: · Award Bid #07-009 to the low bidder, Sun Sky Roofing (SBS Modified Roof Replacement), for the roof replacement project at Morningside Library and the Sheriffs Administration Building. As a cost effective measure staff is selecting the SBS Modified roofing rather than the Single Ply roof, this is due to numerous problems with the single ply roofing already installed on several buildings and staff has had to spend additional dollars on to repair. · Approve the use of available FY 06-07 IFF Funds (fund availability due to total cost for Momingside Library roof replacement project coming in under budget) in the amount of $39,377.00 for additional funds needed for the Sheriffs Administration Building roof. ~ Total cost for Momingside Library roof replacement $103,577.00 (FY 06-07 IFF Funds budgeted for project. ....$250,000.00) ~Total cost for Sheriff's Admin. Building roof replacement $239,377.00 (FY 06-07 IFF Funds budgeted for project.. ...$200,000.00) See Attached Bid Tabulation Sheet RECOMMENDA nON: Staff recommends the Board of County Commissioners approve the low bidder, Sun Sky Roofing-Bid #07-009 (SBS Modified Roof Replacement), for the Roof Replacement at Momingside Library and the Sheriff s Administration Building. Staff further recommends the Board approve the use of available FY 06-07 IFF Funds in the amount of$39,377.00 to cover additional funds needed for the Sheriffs Administration Building roof project and authorize the Chair to sign the contract as prepared by the County Attorney. " C) C "0 ::s m c o - ('\S ... - en c E "0 <2: en !i: ï:: ( ,) ..!:: en ( ,) E ..!::a. - "Og CN ('\S..... ~~ ~g ..oN ::; M- ( ,) .... "02 en E C)(]) C ð3 cO ... 0.$ :æ:~ ... (]) o ::::J -0 - C ( ,) E ( ,) (.) ('\S a. ( ,) c::: - o o c::: en o o . ,... o ~ :E m >. CI) N N O--Ï~ o lL. 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CI) Jj £ E o 0 C.clL. 'Ë "5 -0 ~<t:ä5 oü ~&~ -~ Q) 8 c53~c '" >. ra "'0 ÌÕ'o 0"" 0¡jJ I{) v ~ v 5 ¡¡; c =ë ë o 19 o '" o ëñ ë '" w <t: E ~ ~ ~ '-' '-' o Q) ct ú:í 0" Ñ c :;;¡ 'Ë u Ü ~ w '¡:; ~ c ëñ Q) w --, o >. .0 -0 W ¡¡; '3 .0 ra I- '" >, ra o o co '" >, ra o o en >. .0 -0 W C W a. o '" >, ra o o I{) '" >, ra o o en co N -0 fB ~ v .0 '¡:; -g t) <;: (5 r-- :g en Z ë ~ '" Q) > Q) E ë¡; r:: :J {.) ro '-' w a. 0 0::: EO", o " -0 oä5iñ Õ Õ Õ Cv (¡j W .0 .0 .0 E E E ::0 :;;¡ :;;¡ Z Z Z A(;F.NJ)A RF.QTTF.~T ITEM NO: C 1SA DATE: January 9, 2007 Regular [ ] Public Hearing [ ] Consent lX1 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Community Services Division John Franklin, Housing Manager STTR.rnrT· Ápproval to execute contract with the State of Florida Department of Community Affairs in order to administer the Community Development Block Grant Disaster Recovery Program grant in the amount of $1,332,433. RA rK(;ROTTNn: Florida Department of Community Affairs recently announced the Action Plan for the Use of Disaster Recovery Funds. This year only one application per county will be allowed. Housing staff attended a workshop on this grant program, which identified the state's priorities for these funds. Housing for the low-to- moderate income residents is required to be 70% of the total allocation. FTTNnS A V A IT .: No match required PRFVTons ArTTON: On August 15, 2006 the Board authorized the grant application to submit a $1,332,433 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal and sub recipient agreements with the Cities of Fort Pierce and Port St. Lucie to receive this funding, S1. Lucie County to receive $466,321.55. RRrOMMFNnATTON: Approval to execute contract with the State of Florida Department of Community Affairs in order to administer the Community Development Block Grant Disaster Recovery Program grant in the amount of $1,332,433 and authorize Chair to sign any necessary documents. rOMMTSSTON ArTTON' [)4 APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: x ')'\<..()~:.~,~~ ,.- . ,,/ /,/''? ,'\ 0" . D \ I /L ! ! ngmatmg epartmel'1t: XI i' \, ¡, \ , '-'~~. ( :oordination/Sirn9fllre~ M_'&B"d""X~ ""'"'"'"'" Other: Other: ----.. Doug a . Anderson County Administrator Finance: X Check for copy only, if applicable =-~....", "ware Aareement -. ,"".. vr t:NCLOSURES The AWard Agreement (the Agreement) binds your local govemment to the proposed COBG project and ensures compliance WITh all applicable COBG laws, rules, and regulations. On Page 11 insert the name and address of fhe RepreSentative of the Recipient responsible for the administration of the Agreement. Original signatures are required on page 20 of all three copies of the Agreement, and all three copies of the Agreement must be retumeIT to the Department by _. The three co ies of the A reement must be accom anied b the documents re uired in numbers two three four five and six below. FOllowing ffnal signature by the Department. a fully executed copy of the Agreement will be returned to your local govemment. 2. Sianature Authorization Form Attachment C contains State and Federal Statutes, Regulations and Program Conditions. Grant Speciñc requirements, if applicable. are contained in the SPecial Conditions. Attachment J of the Agreement A Signature Authorization Form (attached) must be Completed. Once completed, the Signature Authorization Form Witl be identiñed as Attachment K of the Agreement. The purpose of this form is to identify individuals in YOur local government who are authorized to sign Request for FUnds. to electronically submit each Request for Funds to the Department and designate the bank account of record and ffnancial institution where funds are to be deposited. A separate non-interest bearing benk aCCOunt must be maintained for each CDBG project due to the Original funding source. Each of the individuals authorized to sign checks for the distribution of CDBG funds pursuant to the Agreement must be bonded. 3. If anyone other than the Chief Elected Official Will be authorized to execute the Agreement or to sign amendment requests. reports, or other contractually required documents, please provide a copy of the resolution authorizing said delegation. Please type in the !lon-interest bearinll bank aCCOunt number. bank name, and address, as well as the names and titles of the persons authorized to request funds. If funds are to be remitted to an address other then the financial instttution refiected, please indicate. If the recipient currently receives Electronic Fund Transfers (EFT) from the COmptrollers Office. an address Should be Provided where remittance and backup documentation may be sent. Three COpies of the form with original signatures of the chief elected official and those authorized to request funds and submil same to the Department electronically must be retumed to the Department with the signed Agreements. 4. Activity Work Plan Form An Activity WOrk Plan Form (attached) must be completed Which reflects activity line ITems included in the Program BUdget (Attachment A of the Agreement), including administration. The Activity WOrk Plan, when Completed, will be identified as Attachment B of the Agreement. Please identify the activities that will take place and the dO/lar amounts, Which will be requested, tram the Department on a periodic basis (use additional forms as needed to reflect all proposed activities). Three co ies of the Work Plan must be returned with OUr executed A reement to the DeDartment. Please develop YOur work plans Carefully to ensure that all planned activities will be completed in a timely manner. The Department reserves the right to reject any proposed work plans that fail to demonstrate an orderty progression of activities OVer the term of the Agreement 5. Grant Proaram Information Form The two page Grant Program Information Form (attached) must be completed Which provides names and addresses for local contacts and paid consultant (ff applicable), administrative data and a brief Project description. This information will be Used to load data into the CDBG Grants ReCOrd Information Tracking System (GRITS). Qne CO\!!( of the form must be returned with OUr executed A reament to the De artmen!. 6. fu>ecial Reauirements The Department must satisfy the fOllowing Provisions Prior to execution of the Agreement A. Submit to the Oepartment one CO\!!( of the completed Civil Rights Prome Form (attached) to facilitate the Department's civil rights review; and B. Submit to the Department one CO\!!( of an executed inITial Form HUD 2880 (attached), pursuant to 24 C.F.R Part 12. Attachment K Department of Community Affairs Florid. ...." Oti.. Commun;ty Development B,ocI< G,.nt (COBG) p....,.m SIGNATURE AUTHORITY FORM 1Redp¡e;¡¡--------~an~~~1u~~'1"-~~___ ___ ________ I I / 1-------------- ______ -"-_______ ______ __________________ i Mailing Address (Street or Post Office Box) ¡ I ~-'-------'-------·-'--'---'''----'----..--.-m-'-'___.__.._m____.______________.____._.__ i City, State and Zip COde I i 1---.-.-----.-------..----...----..,.. _......____'_______.._'_'__'_..__.__..______..___..__,___,___._._.._'''__ I Contact Person ···-~..-..-·-······_-·..·_·..-··......-..-....._M..._..._......._._..._........... --..-.-.......-----..-.---.-..---'----.-------.---...--------..-------'-..----__m__.' i ! 1-__--__---------.--.-.-,--.--..---,---.---..-. i Financial Contact Person r ......._..-................~............................_.......-...........-...........--...............--..........-.................... i Telephone # ! ! ..··-·..··..-·-·····....·-..···....·.....-._...m..........._..._.._...._..............._......_.. ...................-.-.-...-.... .........-.....-..-........- ---·----·--·------Treìèphõñë--li---·---·-·-·--- I._m____,___._____.._._.____..._____,_.______.__.______._____, i E-mail Address ¡ ....-...-.......-.--....---..................----..................._._..~.~.~........~-.., '-------------------------------------- I TYPed Name I Date ! Signature f-----__________~_______________________ I I [ ] Check here If your 1000i govemment utilizes Electron;c Funds Transfer (EFT) from the State of FlOrida_ I [ ] Check here ;f your lOCal government will be working on a re;mbursernent basis. i '------------------------------------ ' CD8G payments Iv loæl governments using EFT are 'uromaticaily deposited in the iocal governments general aceount. If the I ''''''Unt is interest bearing, the CD8G funds must be t,.nsfe_ to a non-interest bearing aceount. Piease cail th< CD8G I Prograrn at 8S0/922- 1878 or 487-3644 if you have questions_ You can check the status of YOur deposit at the Comptroi~r's ~~lJ!!¡¡:iL~~b(¿@~,_'J!L._________________________. I Local governments not receiving EFT; and not WOrking on a reimbu'>ement basi~ must establish a non-interest bearing aceount L!'!ovide~l!~~~~~~-'~-~~LFD!flli>~~S!2ß~~~~S;~J!2!'¡j'!!LJ I Name of Finandallnstitution i Account Number -------------1-'----------------------------- IÏ] Check hêiëîithe above person will be the I E-mail Address ~~!E[i~~_'!Iè~~s!!',_______~_______________~ I . II certify, as the recipient's Chief Elected Officiai, that the above signatures are of the individuals authoriZed to sign Requests for I Funds and to submit RFF's eiectronicaily to the Small Cities Community Deveiopment 8iock Grant Prog,.m Using FioridaPAPERS_ I [ ] Check here if the 'bove person will be the i E-mail Address Ldesi~!2O:!,j~!'~~~~'________"__________________________ I T yP<!d N.me I Date i Signature i r I ~-------_.._---------------------------------- I Requests for FUnds (RFFs) from the FiOrida Sm'lI Oties CD8G Prog,.m require (check one)." [ ] one sign.ture [ ] two I slgn.tures of ;ndividuals authOrized below. No more than two ;ndividu.ls can be .uthOrized to use Florid.PAPERS. C08G I contracts require that at least one (1) RFFs must be SUbmitted each quarter 'nd should reflect ail expenditures ;ncumng during lthat~~'---______________________________i i TYPed N.me I Date . S;gnature ~----------+-----~---------------, I [ ] Check here if the above person will be the I E-mail Address i ~IL~~AP~,~'------____L______________________! ¡ Typed Name I Date ! 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Z,... o 3 m en o o to G') "0 ;c o G') ;c » 3: Small Cities Community Development Block Grant (CDBG) Program Information Form Federal Fiscal Year 2006/State Fiscal Year 2006/2007 Funding Cycle Contract Number: CFDA Number: 14.228 Names and Addresses 1. Contract Recipient Name of Chief Elected Official: Title: Address: City, State, Zip Code: Area Coderrelephone No: ( ) Suncom No: Area Code/Fax Number ( ) E-Mail Address: 2. Chief Financial Officer Name of Chief Financial Officer: Title: Address: City, State, Zip Code: Area Coderrelephone No: ( ) Suncom No: Area Code/Fax Number ( ) E-Mail Address: 3.Locacal Contact Person Name of Local Contact Person: Title: Address: City, State, Zip Code: Area Coderrelephone No: ( ) Suncom No: Area Code/Fax Number ( ) E-Mail Address: 4. Private Consultant{lf Applicable) Name of Consultant: Firm: Address: City, State, Zip Code: Area Code/Telephone No: ( ) Area Code/Fax Number ( ) E-Mail Address: Administrative Data 1. Local Government FID Number: 2. Districts: United States Congress _ Florida Senate Florida House 3. If the local government is not receiving Electronic Funds Transfer (EFT) from the State of Florida, please provide an address for transmittal of the reimbursement warrant: Local Government: Street Address: City, State, Zip: 4. Please provide a brief Project Description: RECIPIENT NAME CONTRACT NUMBER CIVIL RIGHTS PROFILE (07.02) DATE: DEMOGRAPHIC DATA 1. Total Number of Local Government Employees: 2, Number of Employees who work on CDBG funded activities: 3. Total Number of Local Government Minority Employees: officers) 4. Number of Minority Employees who work on CDBG funded activities: (Do NOT include constitutional Officers) (Do NOT include constitutional 5. Local Government Population # (Counties do NOT include populations of incorporated cities) 6. Local Govemmenl Minority POpulation: (Counties do NOT include populations of Incorporated cities) 7. Local Govemment Minority Population Percentage: (Counties do NOT include populations of Incorporated cities) 8. Percentage of Persons of Low and Moderate Income In the Local Govemment: NOT include populations of incorporated cities) (Counties do For Neighborhood Revitalization and Commercial Revitalization Only 9. Service Area Population: 10. Percentage of Persons of Low and Moderate Income in the Service Area: To document civil rights compliance, this profile should be completed and retumed to: Retain a ñle copy in the eVent that a COSG grants monitor wishes to review it during a monitoring visit. CDBG Program Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 5. FOR HOUSING GRANTS ONL Y: (Complete column 2 below at closeout using data provided by aSSisted households.) Use application survey data or census data, as apPropriate, to determine beneliciary Information. ,gome"te a form fur each acbvl~, except Administration and Engineering. SUbmit civil rights information with executed Contract and update upon completion of grant 1. Total Beneficiaries in Service Area: Using project data on eligible individuals, enter number of individual beneliciaries in each ""pulatlon group to be assisted, 2. LMI Beneficiaries in Service Area: Using project data regarding individuals, enter number of individual LMI beneficiaries in each population group to be assisted. FOR ECONOMIC DEVELOPMENT GRANTS ONLY (should be provided at the time of grant COmpletion) 3, Job APPlicants: Use jab applicant information Provided by the employer and enter number of individual job applicants in each population group to complete. 4. Job Hires: Use jab applicant and hiring information provided by the employer and enter n umber of jOb hires (employees) hOlding jabs when final job creation requirements have been met CIVIL RIGHTS PROFILE (07.02) ACTIVITY NAME: = I I Population 1. 2. 3. 4. 5. Group Total LMI Job Employees HoUsing Beneficiaries Beneficiaries APPlicants Hired Beneficiaries White/non Hispanic Black/non Hispanic Hispanic ASian/Pacific Islander American Indian /A/askan Native Hasidic Jews Female Head of Household Elderly Head of Household Handicapped ApPlicant/Recipient Disclosure/Update Report U.s. Department of Housing and Urban Development OMS Approval No. 2510-0011 (exp. 08/31/2006) Instructions. (See Pubfic Reporting Statement and Privacy Act Statement and detaited instructions on page 2.) A IicantlReci ient Information ,"'",... wh"h" this " '" '.10.1 Report 0 "' 00 u..... R'p.rt 0 1. App'"mIlRedp'''' N.me, Ad,,,,,,, 00' Ph'œ ("""'''rn. "",." 2. Sod", SeWrily .,mbe<" Employer ID Number: 3. HUD Program Name 5. State the name and location (street address, City and State) of the project or activity: 4. Amount of HUD Assistance Requested/Received Part I Threshold Determinations 1. Are you applying for assistance for a specific project or activity? These terms do not include formula grants, such as public housing operating subsidy or CDSG block grants. (For further information see 24 CFR Sec. 4.3). DYes D No 2. Have you received or do you expect to receive assistance within the jurisdiction of the Department (HUD) , involving the project or activity in this application, in excess of $200,000 during this fiscal year (Oct 1 _ Sep. 3D)? For further information, see 24 CFR Sec. 4.9 DYes D No. If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form. However, you must sign the certification at the end of the report. Part" Other Government Assistance Provided or Requested I Expected Sources and Use of Funds, s,'" assi'l,"ee ino'de" b'l 's nol"ml/e' to, .ny 9"n\ 10,", ,"b~dy, 9""nlee, in," "nee , P'yment, '''d', oct" beneffi. Department/State/Local Agency Name and Address Type of Assistance Amount Expected Uses of the Funds Requested/provided (Note: Use Additional pages if necessary.) Part III Interested Parties. You must disclose: 1. All dovelopeffi, """ÓOffi, 0"'.'.,.." """,,,", '" ... 'P""'''" ,,"... '''''Ia.", " '" ... PI'"".g, de"",pme.1. " 'mpl,m..,."", "... project or activity and 2. '"y 'th." peffi'" wh, hos · "",.d., i'''rn,' ,. ... P"j'd " ",.. "" wh'''' the '''''Ia.", " '"'gh' loot ""Od' $50,000 " 10 ,e<"", of Ih, assistance (whichever is lower). Alphabetical list of all persons with a reportable financial interest in the ro'ect or activit For individuals, ive the last name first (Note: Use Additional pages if necessary.) Certification \Yam..., tf y.. koowi.gly m... · .,~ 'I.,om,,,, '" ." I,,,,,, y.. m.y b. ,"b~d " .., ""'m'",1 pe.""os '''''" S'd'" 100j of Titlo 18 'lih, United Stale, Cod,. ,. ''''''', ,"y peffi" wh, koowingly ."" m'leri..y '''.Ie, '"y ",w", di'd",,,, 'I,.t,,,,,.,,oo, i."",,", i.""",,,., .". discJosure, is subject to civil money penalty not to exceed $10,000 for each violation. I certify that this information is true and complete, Signature: Date: (mmlddlyyyy) x Form HUD-2880 (3/99) Public reporting burden for this collection of information is estimated to average 2.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection information unless that collection displays a valid OMB control number. Privacy Act Statement. Except for Social Security Numbers (SSNs) and Employer Identification Numbers (EINs), the Department of Housing and Urban Development (HUD) is authorized to collect all the information required by this form under section 102 of the Department of Housing and Urban Development Reform Act of 1989, 42 U.5.C. 3531. Disclosure of SSNs and EINs is optional. The SSN or EIN is used as a unique identifier. The information you provide will enable HUD to carry out its responsibilities under Sections 102(b), (c), and (d) ofthe Department of Housing and Urban Development Reform Act of 1989, Pub. L 101-235, approved December 15, 1989. These provisions will help ensure greater accountability and integrity in the provision of certain types of assistance administered by HUD. They will also help ensure that HUD assistance for a specific housing project under Sedion 102(d) is not more than is necessary to make the project feasible after taking account of other government assistance. HUD will make available to the public all applicant disclosure reports for five years in the case of applications for competitive assistance, and for generally three years in the case of other applications. Update reports will be made available along with the disclosure reports, but in no case for a period generally less than three years. All reports, both initial reports and update reports, will be made available in accordance with the Freedom of Information Act (5 U.S.C. §552) and HUD's implementing regulations at 24 CFR Part 15. HUD will use the information in evaluating individual assistance applications and in performing internal administrative analyses to assist in the management of specific HUD programs. The information will also be used in making the determination under Sedion 102(d) whether HUD assistance for a specific housing project is more than is necessary to make the project feasible after taking account of other govemment assistance. You must provide all the required information. Failure to provide any required information may delay the processing of your application, and may result in sanctions and penalties. including imposition of the administrative and civil money penalties specified under 24 CFR §4.38. Note: This form only covers assistance made available by the Department. States and units of genera/local govemment that carry out responsibilities under Sections 102(b) and (c) of the Reform Act must develop their own procedures for complying with the Act. Instructions Overview. A. Coverage. You must complete this report if: (1) You are applying for assistance from HUD for a specific project or activity and you have received, or expect to receive, assistance from HUD in excess of $200,000 during the during the fiscal year; (2) You are updating a prior report as discussed below; or (3) You are submitting an application for assistance to an entity other than HUD, a State or local govemment if the application is required by statute or regulation to be submitted to HUD for approval or for any other purpose. B. Update reports (filed by "Recipients" of HUe Assistance): General. All recipients of covered assistance must submit update reports to the Department to reflect substantial changes to the initial applicant disclosure reports. Line-by-Line Instructions. Applicant/Recipient Information. All applicants for HUD competitive assistance, must complete the information required in blocks 1-5 of form HUD-2880: 1. Enter the full name, address, city, State, zip code, and telephone number (inciuding area code) of the applicanUrecipient. Where the applicanUrecipient is an individual, the last name, first name, and middle initial must be entered. 2. Entry of the applicanUrecipient's SSN or EIN, as appropriate, is optional. 3. Applicants enter the HUD program name under which the assistance is being requested. 4. Applicants enter the amount of HUD assistance that is being requested. Recipients enter the amount of HUD assistance that has been provided and to which the update report relates. The amounts are those stated in the application or award documentation. NOTE: In the case of assistance that is provided pursuant to contract over a period of time (such as project-based assistance under section 8 of the United States Housing Act of 1937). the amount of assistance to be reported includes all amounts that are to be provided over the term of the contract, irrespective of when they are to be received. 5. Applicants enter the name and full address of the project or activity for which the HUD assistance is sought. Recipients enter the name and full address of the HUD-assisted project or activity to which the update report relates. The most appropriate govemment identifying number must be used (e.g., RFP No,; IFB No.; grant announcement No.; or contract, grant, or loan No.) Include prefixes. Part I. Threshold Determinations - Applicants Only Part I contains information to help the applicant determine whether the remainder of the form must be completed. Recipients filing Update Reports should not complete this Part. If the answer to either questions 1 or 2 is No, the applicant need not complete Parts II and III of the report, but must sign the certification at the end of the form. Part II. Other Government Assistance and Expected Sources and Uses of Funds. A. Other Govemment Assistance. This Part is to be completed by both applicants and recipients for assistance and recipients filing update reports. Applicants and recipients must report any other govemment assistance involved in the project or activity for which assistance is sought Applicants and recipients must report any other government assistance involved in the project or activity. Other govemment assistance is defined in note 4 on the last page. For purposes of this definition, other government assistance is expected to be made available if, based on an assessment of all the circumstances involved, there are reasonable grounds to anticipate that the assistance will be forthcoming. Both applicant and recipient disclosures must include all other government assistance involved with the HUD assistance, as well as any other government assistance that was made available before the request, but that has continuing vitality at the time of the request Examples of this lalter category include tax credits that provide for a number of years of tax benefits, and grant assistance that continues to benefit the project at the time of the assistance request The following information must be provided: 1. Enter the name and address, city, State, and zip code of the govemment agency making the assistance available. 2. State the type of other government assistance (e.g., loan, grant, loan insurance). 3. Enter the dollar amount of the other govemment assistance that is, or is expected to be, made available with respect to the project or activities for which the HUD assistance is sought (applicants) or has been provided (recipients). 4. Uses of funds. Each reportable use offunds must clearly identify the purpose to which they are to be put. Reasonable aggregations may be used, such as "total structure" to include a number of structural costs, such as roof, elevators, exterior masonry, etc. B. Non-Govemment Assistance. Note that the applicant and recipient disclosure report must specify all expected sources and uses of funds _ both from HUD and any other source - that have been or are to be, made available for the project or activity. Non-govemment sources of Form HUO-2880 (3/99) funds typically include (but are not limited to) foundations and private contributors. Part III. Interested Parties. This Part is to be completed by both applicants and recipients filing update reports. ApPlicants must provide information on: 1. All developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the project or actiVity and 2. any other person who has a financial interest in the project or activity for Which the assistance is Sought that exceeds $50,000 or 10 percent of the assistance (whichever is lower). Note: A financial interest means any financial involvement in the project or activity, including (but not limited to) situations in Which an indiVidual or entity has an equity interest in the project or activity, Shares in any profit on resale or any distribution of surplus cash or other assets of the project or activity, or receives compensation for any goods or services proVided in connection with the project or activity. Residency of an individual in housing for which assistance is being Sought is not, by itself, considered a covered financial interest The information required below must be provided. 1. Enter the full names and addresses. If the person is an entity, the listing must include the full name and address of the entity as well as the CEO. Please fist all names alphabetically. 2. Entry of the SOcial Security Number (SSN) or Employee Identification Number (E/N), as appropriate, for each person listed is optional. 3. Enter the type of participation in the project or activity for each person listed: I.e., the person's specific role in the project (e,g., contractor, consultant, planner, investor). 4. Enter the financial interest in the project or activity for each person listed. The interest must be expressed both as a dollar amount and as a percentage of the amount of the HUD assistance involved. Note that if any of the Source/use information required by this report has been provided elsewhere in this application package, the applicant need not repeat the information, but need only refer to the form and iocation to incorporate it into this report. (It is likely that some of the information required by this report has been provided on SF 424A, and on various bUdget forms accOmpanying the application.) If this report requires information beyond that provided elsewhere in the application package, the applicant must include in this report all the additional information required. Recipients must submit an update report for any change in previously disClosed Sources and uses of funds as provided in Section 1.0.5., above. Notes: 1. All citations are to 24 CFR Part 4, which Was Published in the Federal Register. [April 1 , 1996, at 63 Fed. Reg. 14448.) 2. Assistance means any contract, grant, loan, cooperative agreement, or other form of assistance, including the insurance or guarantee of a loan or mortgage, that is prOVided with respect to a specific project or activity under a program administered by the Department The term does not inClude contracts, such as procurements contracts, that are Subject to the Fed. Acquisition Regulation (FAR) (48 CFR Chapter 1). 3. See 24 CFR §4.9 for detailed gUidance on how the threshold is calculated. 4. ·Other government assistance" is defined to inClude any loan, grant, guarantee, insurance, paYment, rebate, subSidy, credit, tax benefit, or any other form of direct or indirect assistance from the Federal government (other than that requested from HUD in the application), a State, or a unit of general local govemment, or any agency or instrumentality thereof, that is, or is expected to be made, available with respect to the project or activities for which the assistance is Sought S. For the purpose of this form and 24 CFR Part 4, "person" means an individual (inCluding a consultant, lObbyist, or lawyer): cOrporation; company; association: authority; firm; partnership; sOciety; State, unit of general local govemment, or other govemment entity, or agency thereof (including a public housing agency); Indian tribe; and any other organization or group of people. Form HUD·2880 (3/99) Agreement Number: 07DB-3V_1 0-66-01-Z 04 CFDA Number: 14.228 Applicable Rule: 9BER06-1. Florida Administrative COde FEDERAll Y-FUNDED 2005 DISASTER RECOVERY SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in T ailahassee, Florida (hereinafter referred to as the "Departmenf'), and Saint lucle County, (hereinafter referred to as the "ReCIpient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS: A. WHEREAS, the Recipienl represents that it is fuily qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the U. S. Department of Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to FlOrida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutuaily agree as foilows: (1) SCOPE OF WORK The Recipient shail fuily perform the obligations in accordance with the BUdget and Scope of Work, Attachment A, the Activity WOrk Plan(s) by service area, Attachment B of this Agreement, and the Subgrant Application Including Subsequent revisions that are mutuaily agreed to by both parties, Which are incorporated herein by reference ("the Subgrant ApPlication"). (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES Both the Recipient and the Department shail be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. 1 (3) E-ERIOD OF AGREEMEtfI This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, untess terminated earlier in aCCOrdance with the provisions of Paragraph (10) of this Agreement CONTRACT EXTENSIONS WIll NOT BE GRANTED UNLESS RECIPIENT IS ABLE TO PROVIDE SUBST ANT/Al JUST/FICA T/ON AND THE DIVISION DIRECTOR APPROVES SUCH EXTENSION. (4) MODIFICATION OF CONTRAC.l Either party may request modlficalion of the provisions of Ihis Agreement Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement (5) RECORD KEEPING (a) As applicable, Recipient's performance under this Agreement shall be Subject to the federal "Common RUle: Uniform AdmInistrative Requirements for State and local Govemments" (53 Federat Register 8034) or OMS C ireular No. A-11 0, "Grants and Agreements with Institutions of Higher Education, HosPitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost Principles for State and Locat Governments," OM S Circular No. A-21, "Cost Principles for Educationa I Institutions, " or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If Ihis Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be Subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance wilh the terms of this Agreement, and the compliance of all sUbcontractors or consUl/ants to be paid from funds provided under this Agreement, for a periOd of five (5) years from the date of final ctoseout of this AgreemenL and shali allow the Department or its designee, Chief Financial Officer, or AUditor General access to such records upon request The Recipienl shall ensure Ihat audit Working papers are made available to Ihe Departmenl or its designee, Chief Financiat Officer, or Auditor General upon request for a period of five (5) years from the date of final closeout of this Agreement, unless extended in wnting by Ihe Department, with the fOllowing exceptions: 2 after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all sUbcontractors or consultants to be paid from funds provided under this Agreement, including sUpporting documentation of all program costs, in a form sufficient to delermine compliance with the requirements and objectives of the BUdgel and Scope of Work, Attachment A, Attachment B, Activity Work Plan(s), the Subgrant Application and Subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations. (d) The Recipien~ fts employees or agents, inciuding all sUbcontractors or consultants to be paid from funds provided under this Agreement, shall allow aCCess to its recOrds at , but not be limited to, auditors retained by the Department (6) 6..UDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally aCCepted accOunting principles, to aCCOunt for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department "Reasonable" shall be construed aCCOrding to circumstancas, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of aUditing and monitoring the funds awarded under this Agreement. 1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the dispOsition of non-expendable personal property valued al $5,000 or more at lhe time of aCQuiSition shall be retained for five (5) years affer final disposition 3. Records reiating to real property acquisition shall be retained for five (5) years 3 (d) If the Recipient is a State or local govemment or a non-profit organization as defined in OMS Circular A-133, as revised, and in the eVent thatthe 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 OMS Circular A-133, as revised. EXHI SIT 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 Federai awards expended shouid be in accordance with the gUideiines established by OMS Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the Provisions of OMS Circular A-133, as revised, will meet the requirements of this paragraph. in connection with the audit requirements addressed in Paragraph B(d) above, the Recipient shall fulfill the requirements rela tive to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required In the eVent that the Recipient expends less than $500,000 in Federal aWards in Its fiscal year and elects to have an audit conducted in accordance with the Provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such aUdit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accOrdance with OM8 Circular A-133, as revised, and required by sUbparagraph (d) above shall be submitted, when required by Section.320 (d), OMS Circular A-133, as revised, by or on behalf of the Recipient directly to each of the fOllowing: 4 Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted 10 i!!Jrilla.oarrish@dCastale.flu§j and required by Seclions .320( d)( 1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the fol/owing address: The Fede"" AUdit Clearinghouse designaled in OMB Circular A-133, as revised (the number of copies Department of Community Affairs Small Cities Community Development Block G",nt Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Circular A-133, as revised. Other Federal agencies and pass-Ihrough entities in accordance wilh Sections .320 (e) and m, OMB Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 and any managemenl letter issued by the aUditor, to the Departmenl al each of the fOllowing addresses submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, m Pursuantto Section .320 m, OMB Circular A-133, as revised, the Recipient shall Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (An eleclronic COpy shall also be submitted to ªurilla. oarrish<1Vdca. stale. ft. u.§j and Department of Community Affairs Small Cities CommunITY Developmenl Block Grant Prog",m 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 the Department pursuant to this Agreement shall be submitted timely in accordance wilh OMB Circular (g) Any reports, management letter, or olher information required to be submitted 10 5 A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor Genera', as applicable. (h) Recipients, when SUbmitiing financial reporting packages to Ihe Department for audits done in accOrdance with OMB Circular A-133 or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organ izatlons), Rules at the AUditor General, should Indicate the date that the reporting package Was delivered to the Recipient In correspondence aCCOmpanying the reporting package. (i) In the event the aud" shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in aCCOrdance with these applicabie regulations and Agreement Provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. OJ The Recipient shall have all audits completed by an independent certified public accountant (lPA) who shall either be a certified pubiic accountant or a pUbiic accountant licensed under Chapter 473, Fla. Stat The IP A shall state that the audit compiied with the applicable provisions noted above. The audit must be submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (aJ The Recipient shall provide to the Department reports and information as identified in Attachment D. (b) If all required reports and copies, prescribed above, are not sent to the department or are not completed in a manner "acceptable to the Department", the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11 J REMEDIES. "Acceptable to the Department' means that the work Product was completed in aCCOrdance with the Budget and SCOpe of Work and the Activity Work Plan, Attach""'nts A and B of the Agreement, and the Subgrant Appiication and sUbsequent revisions that are mutually agreed to by both parties. 6 (c) The Recipient shall provide such additional program updates or information as may be required by the Department. (d) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.FR. Part 58 within ninety (90) days from the date of execution of this Agreement. (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 CFR. Part 58 within ninety (90) days from the date of execution of this Agreement. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), 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 with all monitoring procedures/processes deemed appropriate by the Department In the event that 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 to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor 7 General. In addition, Ihe Department will monitor the performance and "nancial management by the Recipient throughout the contract term to ensUre timely completion of all tasks. (9) LIABILITY (aJ Unless Recipient is a State agency or sUbdivision, as defined in Section 768.28, £Ia. Sti!t, the Recipient shall be solely responsible to parties with whom it shall deai in Carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement For purposes of this agreement Recipient agrees that IT is not an employee or agent of the Department, but is an independent contractor. (bJ Any Recipient who is a state agency or sUbdivision, as defined in Section 768.28, Fia. Stat, agrees to be fully responsible to the extent provided by Section 768.26 FIe. Stat for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein i, intended to serve as a waiver of SOvereign immunity by any Recipient to which SOvereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of FiOrida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events OCCur ("Events of DefaUIr'J, all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (aJ tf any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or ilthe Recipient shall fail to keep, observe or perform any of the Obligations, terms or COvenants COntained in 8 this Agreement or any previous agreement with the Department and has not cured such in timeiy fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall OCcur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement (11) REMEDIES Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) caiendar days prior written notice to the Recipient and upon the Recipient's failure to Cure within said thirty (30) day period, exercise anyone or more of the foilowing remedies, either concurrently 0' consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days Prior written notice of such termination. The notice shail be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to the address set forth in Paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or Suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 9 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat, as amended. (b) The Department may terminate this Agreement for its convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. 10 (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement (d) When this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement is: (b) The name and address of the Department contract manager for this Agreement Brenda Aderhold Department of Community Affairs Small Cities Community Development Block Grant Program Disaster Recovery Program 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-410-0215 Fax: 850-922-5609 Email: brenda. aderhold@dca.state.fLus (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Beth Ryder, Director, Community Services Saint Lucie County 437 N. ih Street Fort Pierce, FL 34950 Telephone: 772-462-1777 Fax: 772-462-1703 Email: beth@stlucieco.gov 11 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of the subcontract The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Activity Work Plan(s) Attachment C - Program Statutes, Regulations and Program Conditions 12 Attachment D - Reporting Requirements Attachment F - Warranties and Representations Attachment H - Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J - Special Conditions Attachment K - FloridaPAPERS ID and Password Request Login Form (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $1,332,433 subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. (c) All funds shall be requested electronically through FloridaPAPERS. The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of this Agreemenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behalf of the Recipient utilizing the intuitive web portal. (d) Pursuant to 24 C.F.R. Section 570A89(b), pre-agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of 13 of receipt of notice from the Department funds hereunder shall terminate, and the Recipient shail submit its closeout report within thirty (30) days (18) REPAYMENT~ the fOllowing address: made payabie to the order of "Department of Community Affairs", and mailed directiy to the Department al Ail refunds or repayments to be made to the Department under this Agreement are to be ($15.00) or Five Percent (5%) of the face amount of th e check or draft, whichever is greater. cOllee/ion, the Department must add to the amount of the check or draft a service fee of Fifteen Doilars In accordance with Section 215.34(2), fla. S~, if a check or other draft is returned to the Department for Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee Fl 32399-2100 (19) Y-ENDOR PAYMENT.§ to Section 55.03(1) fla. Stf!t The interest penalty shail be paid within 15 days after iSSuing the warrant the warrant within 40 days shail result in the Department paying interest at a rate as established pursuant and/or services provided in accordance with the terms and Conditions of the Agreement Failure to issue Within 40 days after receipt of an acceptable invoice and receipt, inspection, and accePtance of gOOds Pursuant to Section 215.422, Ba. St¡¡t, the Department shail issue payments to vendors COmptrOller's Hotline at 1-800-848-3792. receive aSSistance by COntacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Vendors experiencing problems obtaining timely payment(s) from a state agency may (20) '§'JANDARD COND'T'O~ the requirements of this Agreement, and such information, repreSentations, and matenals are any Subsequent submission or response to Department request, or in any submission or response to fulñll information, repreSentations, and materials submitied or provided by the Recipient in this Agreement, in (a) The validity of this Agreement is subject to the truth and aCCuracy of ail the incorporated by reference. The lack of aCCuracy thereof or any material changes shail, at the oPtion of 14 the Department and with thirty (3D) days wHtten notice to the Recipient, cause the termination of this Agreement and the release of the Department from all Its obligations to the Recipient (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in leon County. If any provision hereof is in conflict with any appiicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapprovat granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of whom may be taken as an original. (e) The Recipient agrees to Comply with the Americans With Disabilities Act (PUblic law 101-336,42 U.S.C. Sectjon 12101 et selL), if applicable, which prohibits dischmination by pUblic and Phvate entities on the basis of disabiiity in the areas of empioyment, pUbiic accommodalions, tranSportation, State and local government services, and in telecommUnications (n A person or affiliate who has been placed on the convicted vendor list fOlloWing a conviction for a pUblic entity crime or 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 a pUblic entity, and may not transact business with any pUblic entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the dischminatory vendor list may not submit a bid on a contract to provide 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 pUbiic building or pUblic work, may not Submit bids on leases of real property to a pUblic entity, may not award or perform Work as a contractor, 15 supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies,. to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3, are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 18(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreément. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 16 (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla Stat. or the Florida Constitution. U) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("'NA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department (0) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat 17 (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, 3. The undersigned shall require that the language of this certification 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S, Code. Any person who fails to file 18 the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed underthis Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement a re hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows or should know, could give rise to a patent or copyright The Recipient shall retain all rights and entitlements to any pre-existing intellectual property, which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights, which accrue during performance of the Agreement 19 (23) LEGAL AUTHORIZATION authority to legally execute and bind Recipient to the terms of this Agreement. and assurances contained herein. The Recipient also certifies that the undersigned possesses the authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants to receive the funds to be provided under this Agreement and that, if applicable, its governing body has The Recipient certifies with respect to this Agreement that it possesses the legal aulhoHty undersigned officials as duly authorized. iN WiTNESS WHEREOF, the parties hereto have caused this contract to be executed by their RECIPIENT: SAINT LUCIE COUNTY BY: Date: Name and title: Douglas M. Anderson, County Administrator FID#: 59-6000835 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Janice Brownina. Director Division of Housina and Community Development Date: EXHIBIT 1 Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following: Federal Program: U.S. Department of Housing and Urban Development CFDA #14.228 $1,332,433 Compliance requirements applicable to the federal resources awarded pursuant to this Agreement are as follows: Note: lfthe resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement and the Application incorporated herein by reference. The Recipient shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. 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N 0> (]I š:: N (]I 0 .-..J .0 0 0 W '0 '0 w 0 '0 C 0> 0 0 :'1 0 0 .... 0 0 0 0 z 0 0 6 6 0 0 -I 0 0 0 0 0 0 Ó -I :r m :;0 CD CJ " C C tn Z 0 0 G> 6 0 m 0 Cf -I . Cf 0 C .... :;0 0 (") m ~ 0 CJ I"" I"" I"" I"" I"" '-z m» .... ~ ~ ~ ~ ~ (")..., .... -II"" <' m N -0 :;0 o Q ::u » s:» WID-I C-I 0» Qn m:r: --13: »m zz 0-1 C/)> 00 00 ~ëñ O~ ,,-1 ~~ 0:;0 ::Urn ^n mo m< ::Urn <:;0 0-< m- »~ ::u~ m» »-1 <: "*=m W-o ::u nO ;::¡:G> '<:;0 o » :;;3: o ::+ '11 ëÞ ... n C1) :::0 m C') "tJ m z -; en r"' ï s::: o ;D' C') o s::: ~ - '< (") o ~ ... II) o .... ~ o ...¡ 6 rp w -::: ... o a, Q) è N o . >. Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: Section I: State and Federal Statutes and Regulations 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 1. Community Development Block Grant, Final Rule, 24 35. C.F.R, Part 570; Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 36. Florida Coastal Zone Protection Act, s. 161.52-161.58, 37. F.S.; 38, Local Government Comprehensive Planning and Land 39. Development Regulation Act, Ch. 163, F.S.; Title I of the Housing and Community Development Act 40. of 1974, as amended Treasury Circular 1075 regarding drawdown of CDBG 41. funds Sections 290.0401-290.049, F.S.; Rule Chapter 9B-43, Fla. Admin. Code.; 42. Department of Community Affairs Technical Memorandums; HUD Circular Memorandums applicable to the Small 43. Cities CDBG Program; 44. Single Audit Act of 1984; National Environmental Policy Act of 1969 and other 45. provisions of law which further the purpose of this Act; National Historic Preservation Act of 1966 (Public 46. Law89-665) as amended and Protection of Historic Properties (24 47. CFR Part 800); 48. Preservation of Archaeological and Historical Data Act 49. of 1966; Executive Order 11593 - Protection and Enhancement 50. of Cultural Environment; Reservoir Salvage Act; Safe Drinking Water Act of 1974, as amended; 51. Endangered Species Act of 1958, as amended; Executive Order 12898 - Environmental Justice 52. Executive Order 11988 and 24 C.F.R Part 55 - 53. Floodplain Management; The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s. 1251 etseq.); 54. Executive Order 11990 - Protection of Wetlands; Coastal Zone Management Act of 1968, as amended; Wild and Scenic Rivers Act of 1968, as amended; 55. Clean Air Act of 1977; 56. HUD Environmental Standards (24 CFR Part 58); 57. Farmland Protection Policy Act of 1981; Clean Water Act of 1977; 58. Davis - Bacon Act; 59. Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. s. 327 et seq.; 60. The Wildlife Coordination Act of 1958, as amended; The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 61. U.S.C., s. 6901 et seq.); Noise Abatement and Control: Departmental Policy 62. Implementation, Responsibilities, and Standards, 24 CFR Part 51, Subpart B; Flood Disaster Protection Act of 1973, P.L. 92-234; 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 24 Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R Part 59; Coastal Zone Management Act of 1972, P.L. 92-583; Architectural and Construction Standards; Architectural Barriers Act of 1968, 42 U.S.C. 4151; Executive Order 11296, relating to evaluation of flood hazards; Executive Order 11288, relating to prevention, control and abatement of water pollution; Cost-Effective Energy Conservation Standards, 24 C.F.R Part 39; Section 8 Existing Housing Quality Standards, 24 C.FR. Part 882; Coastal Barrier Resource Act of 1982; Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et seq.; Title VI of the Civil Rights Act of 1964 - Non- discrimination; Title VII of the Civil Rights Act of 1968 - Non- discrimination in housing; Age Discrimination Act of 1975; Executive Order 12892- Fair Housing Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R Part 8; Executive Order 11063 - Equal Opportunity in Housing; Executive Order 11246 - Non-discrimination; Section 3 of the Housing and Urban Development Act of 1968, as amended - EmploymentfTraining of Lower Income Residents and Local Business Contracting; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L., 100-17, and 49 CFR Part 24; Copeland Anti-Kickback Act of 1934; Hatch Act; Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S. C., s. 1251 et seq.); OMBCirculars A-87, A-122, and A-133, as revised; Administrative Requirements for Grants, 24 C.FR Part 85; Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 CFR Part 12; Emergency Rule 9BER06-1, CDBG Disaster Recovery Funds; HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 69, No, 237 (December 10, 2004) [Docket No. FR-4959- N-01]. Section II: Program Conditions - Disaster Recovery Initiative Program 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the effective date of this Agreement, the Recipient shall complete the following: a. Comply with procedures set forth in 24 CF R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C, F. R. Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; b. If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d. The documentation required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement e. Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted. Also, unless submitted with the Subgrant Application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter-local and/or subrecipient Agreement if more than one local government is covered by this contract. f The procurement of professional administrative and engineering services. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a £QQY of the following procurement documents: a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by mail or by fax; c. List of firms that submitted a proposal (only if short-listing procedure was used); d. Completed short-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); e. Completed final evaluation / ranking forms; f. Portion of commission minutes dealing with contract award; 25 g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h. Contract (signed or proposed); i. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000; j. If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; L If a regional planning councilor local government is performing the seNices, submit only a copy of the contract and cost analysis information; and m. If professional seNices procurement will not be undertaken, so advise the Department 3. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all seNices and/or materials to provide those seNices and/or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents; and c. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that seNice area may be requested until the construction plans and specifications for that seNice area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the seNice area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per seNice area based on each seNice areas percentage of the grants total project costs, excluding administrative costs. 4. For activities requiring acquisition of property, the Recipient shall: a. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. 26 The documentation shall be submitted within forty-five (45) days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within forty-five (45) days of the acquisition. 5. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat (1995) to hookup to the sewer system within three-hundred and sixty-five (365) days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) 6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule. The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDBG Disaster Recovery Funds. 7. The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R Section 570A89(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. Quarterly progress reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R Section 570A87(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout 9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R Section 85.31. Any future change of use shall be in accordance with 24 C.F,R Section 570A89(j). 1 D. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 11. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right 27 to require that deletion of an activity meeting the LMI national objective be replaced with another activity meeting the LMI national objective. 12. The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days of the Recipient's knowledge of changes in situations which would require that updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred. 13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R, 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatino Historic Buildinos, 14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R Section 570.489(h). All procurement actions shall be conducted pursuant to 24 CFR Section 85.36 and Rule 9B-43, Fla Admin. Code. 15. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s). 16. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 17. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds. 18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the provisions of Program Condition Number 10. 19. Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed. 20. Following demolition of a structure on private property, the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition cost is not an eligible cost under the grant A lien is not required when the demolition is needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570, 21. For any activity performed as an "urgent need," the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in the context of the 2004 hurricane season damage. 28 22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub- grant period. 23. If grant funds are used for "slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for "slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight" 24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or disposition shall be met 25. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b. Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have been corrected and the home meets Section 8 Housing Quality Standards. 27. Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract 28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01] and the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means may require repayment of duplication of benefit funds. 29 Attachment D Reporting Requirements The following reports must be compteted and submitted to the Department in the time frame indicated. F aiture to timely flie these reports COnstitutes an event of default, as defined in Paragraph (1 0) of this Agreement 1. The Contractuai Obiigation and MSE Report must be submitted to the Department by Aprti 15 and October 15 annualiy. The form must reflect all contractual activity for the period. it no activity has taken piace during the reporting period, the form must indicate "no activity". 2. The Request for Funds Form must be submitted electronically through FioridaPAPERS to the Department by an authorized signatory at a minimum of once per quarter within fifteen (15) days after the end of the quarter: Aprii 15, Juty 15, October 15 and January 15. If no activity has taken piace durtng the reporting pertod, a zero (-0-) Request for Funds must be submitted electronically indicating "no funds required". 3. The Projection of Contract Payments Form must be submitted to the Department (4) times a year: May 1, August 1, November 1 and February 1. In Section i indicate the amount of funds Projected to be drawn down for the appiicabie reporting period. If no funds wiii be required, a zero shouid be reflected in the applicable reporting period. In Section ii, indicate CUrrent approved bUdget and available balance for each project activity. 4. A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days after the end of the qUarter on the report form provided by the Department: April 15 , July 15, October 15 and January 15. 5. The Administrative Closeout Package must be submitted to the Department fortY-five (45) days after the Agreement termination date. 6. In accordance with OMS Circular A-133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in aCCOrdance with OMS Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. 30 Attachment F Warranties and Representations Financial Manaoement In addition to complying with all applicable federal regulations, the Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that adequately identify the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant (5) Accounting records, including cost accounting records that are supported by source documentation, Competition In addition to complying with all applicable state and federal regulations, all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 31 Business Hours The Recipient shall be available at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensina and Permittina All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired. 32 Attachment H Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Contractor's Name and Title Recipient's Name Signature DCA Contract Number Firm Street Address City, State, Zip Date NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 33 Attachment J Special Conditions 34 .,.".. AGRNDA RRQTTR~'T ITEM NO: IS-l:> DATE: January 9, 2007 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Community Services Division John Franklin, Housing Manager SUR.ffiCT: Request approval of Change Order No.1 in the amount of $25,400.00 for the Community Development Block Grant rehabilitation project (C06-08-430) and release retainage in the amount of $9,291.00. BACKGROUND: Change Order No.1 in the amount of $25,400.00 is for the installation of new windows and hurricane shutters in order to bring the house up to current building codes. It was necessary due to the windows leaked and became loose during the 2004 & 2005 hurricanes. On August 1, 2006, the Board approved the award of this contract to Angus Enterprises for the CDBG & HOME Again Housing Rehabilitation programs and in order to maintain their cash flow we would like to expedite the release of retainage. FUNDS A V A IT.: 001174-6420-549605-600 (HOME Again) 001172-0000-205100-600 (CDBG) 001174-0000-205100-600 (HOME Again) PRRVTOUS ACTION: N/A RRCOMMRNDA TION' Consider staff recommendation to approve and authorize the Chair to sign Change Order No.1 in the amount of $25,400.00 for the Community Development Block Grant rehabilitation project (C06-08-430) and release retainage in the amount of $9,291.00 and authorize Chair to sign necessary documents. COMMISSION ACTION: )(] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: x ~~ 0 trh Doug a . Anderson County Administrator rchasing: x Originating Department: x Other: Other: Finance: x Check for copy only, if applicab1e .' .. ~ COMMUNITY SERVICES MEMORANDUM #07-100 TO: Board of County Commissioners FROM: John Franklin, Housing Manager Change Order No.1 for Contract No. C06-08-430 with Angus Enterprises and release of retainage. January 9, 2007 SUBJECT: DATE: Change Order No.1 in the amount of $25,400.00 is for the installation of new windows and hurricane shutters in order to bring the house up to current building codes. It was necessary due to the windows leaked and became loose during the 2004 & 2005 hurricanes. On August 1, 2006, the Board approved the award of this contract to Angus Enterprises for the CDBG & HOME Again Housing Rehabilitation programs and in order to maintain their cash flow we would like to expedite the release of retainage. Staff recommends to approve and authorize the Chair to sign Change Order No.1 in the amount of $25,400.00 for the Community Development Block Grant rehabilitation project (C06-08-430) and release retainage in the amount of $9,291.00. AGENDA REQUEST ITEM NO. 16 DATE: January 9,2007 REGULAR D PUBLIC HEARING D CONSENT [X] TO: Board of County Commissioners tM.. County Administrator SUBMITTED BY (DEPT): Administration SUBJECT: Treasure Coast Regional Planning Council C mprehen ve conomic Development Strategy (CEDS) Committee. Commissioner Coward is requesting ratification of his appointment of Karen Russell to the CEDS Committee. BACKGROUND: N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Coward's appointment of Karen Russell to the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee. COMMISSION ACTION: JAPPROVED D DENIED D OTHER: Approved 5-0 Douglas . Anderson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - " , Mis';ý Stladle - Agenda Request Page 1 of 1 From: To: Date: Subject: cc: Charline Burgess Anderson, Douglas 12/21/2006 12:51 PM Agenda Request Missy; Russell, Karen Would you please prepare an agenda request for Comm. Coward to appoint Karen Russell to the Comprehensive Economic Development Strategy Committee (CEDS) for the Jan. 9th BOCC meeting. Should you have any questions, Karen's number is 462-1476 or Comm. Coward at home 335-5803. I will be off beginning tomorrow for 2 weeks and he will too, but he will return on Jan. 4th. file://C:\Documents and Settings\Administrator\Local Settings\ Temp\XPGrp Wise\458A8368SL... 12/22/2006 AGENDA REQUEST ITEM NO. C- \ 'I DATE: 1-2-07 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners SUBMITTED BY (DEPTh PRESENTED BY: /) Charles Grande, SUBJECT: BACKGROUND: Ratify committee appointments FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratify the following appointments: · Jerry Kuklinski to the Harbor Advisory Committee · Ed Lounds to the Sustainability Advisory Ad Hoc Committee COMMISSION ACTION: CONCURRENCE: [Xj APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: _ Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: Other: St. Lucie County Mosquito Control District ,1 ~",~_.~,',,! ., ~ ~ ....,catMlatIkt Paula A. Lewis, Chairman Doug Coward, Vice Chairman 'oteph E. Smith Charlet Grande Chris Craft District No. I District NO.2 District No. I District NO.4 District No. I AGENDA 'anuarp ., 2007 I. MINUTES Approve the minutes from the meeting held on December 12, 2006 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 11, 12, 13, and 14. 2. COUNTY AnORNEY Indian River Lagoon License Plate Program FY2006 - Grant Acceptance and Waiver of the Bid process for a Water Management Platform System - Consider staff recommendation to authorize acceptance of the Indian River Lagoon License Plate FY 2006 Grant, in the amount of $39,776.00, approval of EO Request No. 07-299, Budget Amendment BA07-025, and approval of waiver of the bid process to purchase a Water Management Platform System from the sole provider/distributor, J.G.&H. Consulting, lnc, and authorization for the Chairperson to execute the Agreement, pending County Attorney review and approval of the Agreement. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. Jr ,. BOARD OF COUNTY COMMISIONERS ST. LUCIE COUNTY, FLORIDA MOSQUITO CONTROL Date: December 12, 2006 Tape: 1 Convened: 11 :20 a.m. Adjourned: 11 :25 a.m Commissioners Present: Paula Lewis, Chairman; Charles Grande, Joe Smith, Chris Craft, Doug Coward Others Present: Ray Wazny, Asst. County Administrator; Faye Outlaw, Assistant County Administrator; Dan Mcintyre, County Attorney; Heather Young, Assistant County Attorney; Mike Brillhart, Eco. & Strategic Development Director; Debra Brisson, Parks & Recreation Director; Beth Ryder, Community Services Director; Jack Southard, Public Safety Director; Jim David, Mosquito Control Director; Mike Powley, County Engineer; Diana Lewis, Airport Director; Don West, Public Works Director; Ron Harris, Public Works; Don McLam, Project Manager, Central Services; Richard Bouchard, Erosion District Manager; Leo Cordiero, Solid Waste Director; Robert Nix, Growth Management Director; Joanne Riley, Acquisitions Manager; Don Pauley, Road & Bridge Manager; Bill Hoeffner, Director of Grants; C. Badger, Sheriff; Lauri Heistermann, Deputy Clerk 1. MINUTES The Board approved the minutes from the meeting held on November 14, 2006 The Board approved the minutes from the meeting held on November 28, 2006 It was moved by Commissioner Craft, seconded by Commissioner Grande to approve the minutes; and upon roll call motion carried unanimously. 2. GENERAL PUBLIC COMMENT There was no public comment CONSENT AGENDA 1. WARRANTS LIST The Board approved Warrants List NO.9 and 10 2. COUNTY ATTORNEY Tailers' Cove PUD - Mosquito control Easement and Capital Contribution Agreement - The Board approved staff recommendation to approve the proposed Mosquito Control Easement and Capital Contribution Agreement with Tailers' Cove Develoopment, L.L.C., and authorized the Chairman to sign the agreement. It was moved by Commissioner Craft, seconded by Commissioner Lewis to approve the consent agenda; and upon roll call motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 11 :25 a.m. Chairman Clerk of Circuit Court 12/04/06 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 9- 25-NOV-2006 TO 01-DEC-2006 FUND SUMMARY- MOSQUITO ~l1ND TITLE 145 Mosquito Fund 145120 USDA Emerg Watershead GRAND TOTAL: EXPENSES 13,728.07 54,118.05 67,846.12 PAGE PAYROLL 35,976.03 0.00 35,976.03 .,.- " 1 12/08/06 ST. LUCIE COUNTY - BOARD P~1ŒWARR WARRANT LIST #10- 02-DEC-2006 TO 08-DEC-2006 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund 145119 USDA/Urban Vitolo Hurricane GRAND TOTAL: EXPENSES 24,276.68 926.79 25,203.47 PAGE PAYROLL 4,181.80 0.00 4,181.80 1 01/05/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #14- 30-DEC-2006 TO Os-JAN-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 47,669.90 2,876.80 GRAND TOTAL: 47,669.90 2,876.80 12/15/06 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #11- 09-DEC-2006 TO 15-DEC-2006 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 145120 USDA Emerg Watershead 154,173.12 48,535.66 GRAND TOTAL: 202,708.78 PAGE PAYROLL 42,168.42 0.00 42,168.42 1 12/29/06 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #13- 23-DEC-2006 TO 29-DEC-2006 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 2,710.31 2,710.31 PAGE PAYROLL 35,015.40 35,015.40 1 \ AGENDA REQUEST ITEM No. C- 2 DATE: January 9,2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD SUBMITTED BY (DEPT): Mosquito Control PRESENTED BY: James R. David SUBJECT: INDIAN RIVER LAGOON LICENSE PLATE PROGRAM FY2006 - GRANT ACCEPTANCE AND WAIVER OF THE BID PROCESS FOR A WATER MANAGEMENT PLATFORM SYSTEM BACKGROUND: The Indian River Lagoon License Plate FY2006 Grant Program administered by the SFWMD has awarded a total of $39,776.00 to Saint Lucie County for a Natural Community Restoration Project. District staff is requesting Board acceptance of the IRL License Plate Grant funds, for the purposes of purchasing and planting native plants, at Blind Creek, and for the purchase of a water circulating device, to be employed at Impoundment lOB (when restoration permitting and construction activities, to be funded by Tailers Cove, LLC., have been completed for that impoundment). Staff also requests Board approval of EQ No. 07-299, and Budget Amendment BA07-025, and approve a waiver of the bid process to purchase an Instreem Water Management Platform System from the sole source provider and distributor, J.G.&H. Consulting, Inc., totaling $18,000.00 FOB. We propose using $109,000.00 in funds to be expended by DEP directly, from a previously applied-for, upland exotic removal grant at Blind Creek, from the Treasure Coast Upland Invasive Exotic Working Group, as the local cost share. In-kind support is also proposed to be provided for archaeological monitoring of the project. The total project cost is estimated to be $148,776.00. FUNDS A VAIL.: Local match will be made available from the DEP Invasive Plant Task Force Grant directly to their sub-contractor; the grant is budgeted in 145830-6230-563000-600 Infrastructure PREVIOUS ACTION: Authorization for the Chairperson to execute the Agreement, pending County Attorney review and approval of the Agreement, was granted July 18, 2006 RECOMMEND A TION: Staff recommends that the Board authorize acceptance of the Indian River Lagoon License Plate FY 2006 Grant, in the amount of $39,776.00, approval of EQ Request No. 07-299, Budget Amendment BA07-025, and approval of waiver of the bid process to purchase a Water Management Platform System from the sole provider/distributor, J.G.&H. Consulting, Inc, and authorization for the Chairperson to execute the Agreement, pending County Attorney review and approval of the Agreement. COMMISSION ACTION: L CONCURRENCE: (J APPROVED [ ] DENIED ["1 OTHER: Approved 5-0 Douglas Anderson County Administrator / j;!j,.,...--; Review and Approvals 'r\( / - "),Æ ,/ ~" - )-:it> ~unty Attorney: Management & Budget' ~r~, !~, Purchasing: / r -D-tvæ.- ....-Driginating Dept, Other: 0 er: ¡" Finance: (Check for Co y only, if applicable)_ Eft. 5/96 MEMORANDUM TO: MOSQUITO CONTROL DISTRICT BOARD FROM: JAMES R. DAVID, MOSQUITO CONTROL DIRECTOR DATE: JANUARY 2, 2007 SUBJECT: INDIAN RIVER LAGOON LICENSE PLATE PROGRAM FY2006 - GRANT ACCEPTANCE AND WAIVER OF THE BID PROCESS FOR A WATER MANAGEMENT PLATFORM SYSTEM BACKGROUND: The Indian River Lagoon License Plate FY2006 Grant Program administered by the SFWMD has awarded a total of $39,776.00 to Saint Lucie County, for a Natural Community Restoration Project. District staff is requesting Board acceptance of the IRL License Plate Grant funds, for the purposes of purchasing and planting native plants, at Blind Creek, and for the purchase of a water circulating device, to be employed at Impoundment lOB (when restoration permitting and construction activities, to be funded by Tailer's Cove, LLC, have been completed for that impoundment). Staff also requests Board approval of EQ No. 07-299, Budget Amendment BA07 -025, and a waiver of the bid process to purchase an Instreem Water Management Platform System from the sole source provider and distributor, J.G.&H. Consulting, Inc., totaling $18,000.00 FOB. We propose using $109,000.00 in funds to be expended by DEP directly, from a previously applied-for, upland exotic removal grant, at Blind Creek, from the Treasure Coast Upland Invasive Exotic Working Group, as the local cost share. In-kind support is also proposed to be provided for archaeological monitoring of the project. The total project cost is estimated to be $148,776.00. RECOMMENDATION: Staff recommends that the Board authorize acceptance of the Indian River Lagoon License Plate FY 2006 Grant, in the amount of $39,776.00, approval of EQ Request No. 07-299, Budget Amendment BA07-025, waiver of the bid process to purchase a Water Management Platform System from the sole provider/distributor, J.G.&H. Consulting, Inc, and authorization for the Chairperson to execute the Agreement, pending County Attorney review and approval of the Agreement. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Mosquito Control PREPARED DATE: 1/2/2007 AGENDA DATE: 1/9/2007 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 145830-6230-564000-600 Machinery & Equipment $18,000 FROM: 145830-6230-563000-600 Infrastructure $18,000 REASON FOR BUDGET AMENDMENT: Water Manaç¡ement Platform System CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: -----fwwnwu>- OMB APPROVAL: BUDGET AMENDMENT #: BA07 -025 DOCUMENT # & INPUT BY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ~r, TWARE REQUEST FOR FISCAL YEAR 2006-2007 ~ f ¡,J I'$) 1M If /lÍ l' DEPARTMENT: MOSQUITO CONTROL RECOMMENDED: YES NO REVISED JUSTIFICATION: The Indian River Lagoon FY2006 Grant program authorized use of its grant funds for purchase of a disk circulation device which will perform as a water management platform, circulating water into Impoundment 1 OB to attempt to aid in water quality, exotic plant control, mosquito control and sandfly control, once the site is prepared with electrical connections, and following completion of Tailer's Cove LLC permitting and contracting. Once the circulator is operating, we will have monthly electrical costs estimated at $250/mo. and annual maintenance costs estimated at $1,000 per year. EQUIPMENT REQ#: EQ07-299 ACCOUNT#: 145830-6230-564000-600 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Oub Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov October 19,2006 Mr. James R. David Mosquito Control Director St. Lucie County Mosquito Control District 3150 Will Fee Road Ft. Pierce, FL 34981 Dear Mr. David: Subject: RFP No. IRL FY 2006 Project: Barrier Island Natural Community Exotic Plant Removal, Restoration! Replanting, and Water Quality Improvement The South Florida Water Management District (District) would like to take this opportunity to express our appreciation for your interest in the FY 2006 Indian River Lagoon License Plate Funding Program. The evaluation committee has completed its review of all applications submitted in response to the above referenced solicitation. After careful consideration of your application and written proposal, the District is pleased to inform you that the committee has selected the above referenced project for funding in the amount of $39,776.00, pending Governing Board approval at its November meeting. If this project is approved by our Governing Board, you will be receiving a contract in the mail shortly for this project. The contract will need to be signed by an individual with signature authority on behalf of your organization. We look forward to working with you on this important project. Should there be any questions, or if you require any additional information, kindly contact me at (561) 682-6220 or via email at pwiener02sfwmd.gov. Sincerely yours, 4t..-l~~Jio~-:>l.' f . " rz./ Patrick Wienèr . , Sr. Contract Specialist Procurement Department c: Michael Gostel - MSC 4320 Karen Smith - MSC 6880 Lissette Sori - MSC441 0 0. ; GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Chair Irela M. Bagué, Vice-Chair Miya Burt-Stewart Alice J. Carlson Michael Collins Nicolás J. Gutiérrez, Jr., Esq. Lennart E. Lindahl, P.E. Harkley R. Thornton Malcolm S. Wade, Jr. Carol Ann Wehle, Executive Director SOUTH FLORIDA WATER MANAGEMENT DISTRICT - 3301 Gun Gub Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WA Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd. v o 561 697-2574 RErC/\!r.D ...1,_1· #.1 r DEC ;~_?~~ l Mosnll ¡-e.:'"\ .'-. ~ !"'~ ". 1.,1.... IU GL:¡\I~;U:.. Overnight Delive 19401805850 December 27,2006 Mr. James R. David St. Lucie County Mosquito Control District 3150 Will Fee Road Fort Pierce, FL 34981 Dear Mr. David: Subject: Agreement #4600000637 Exotic Plant Removal Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. 1drJ/~ Patrick Wiener Senior Contract Specialist Procurement Department pwiener@sfwmd.gov (561) 682-6220 FAX: (561) 681-6275 PW Ijcs Enclosure c: Patrick Gostel GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, OJ/lÎr Irela M. Bagué, Vice-Chair Miya Burt-Stewart Alice J. Carlson Michael Collins Nicolás J. Gutiérrez. Jr., Esq. Lennart E. Lindahl, P.E. Harkley R Thornton Malcolm S. Wade, Jr. Carol Ann WehJe, Executive Director ORIGINAL 2006 SOUTH FLORIDA WATER MANAGEMENT DISTRICT INDIAN RIVER LAGOON LICENSE PLATE FUNDING AGREEMENT Recipient: St Lucie County Mosquito Control District Recipient's Project Manager: James R. David Address: 3150 Will Fee Road Fort Pierce, Fl34981 Telephone No: 772-462-1692 Fax No: 772-462-1565 SFWMD Project Manager: Michael Patrick Goste! Telephone No.: (772) 223-2600 x3612 Fax No.: (772) 223-2608 Email: mgostel@sfwmd.gov Contract Specialist: Patrick Wienèr Telephone No.: (561) 682-6220 Fax No.: (561) 681-6275 Email: pwiener@sfwmd.gov Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Insurance: Not A licable Federal Em 10 er Identification Number: 59-60000835 Project Title: Exotic Plant Removal D'escription: Barrier Island natural community exotic plant removal, restoration/ re-planting and water uality im rovement. Page 1 of 9, Agreement No, 4600000637 This Agreement is entered into between "the Parties", the South Florida Water Management District, (the "District"), and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE I-PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Exhibit B Statement of Work Schedule of Deliverables ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is a fixed amount and therefore, no additional consideration shall be authorized. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Exhibit "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project. District funds shall only be used for the Project identified in Exhibit "A". Page 2 of9, Agreement No. 4600000637 ARTICLE 4 -FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. . The Recipient shall provide certification that the Project has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Accounts Payable department at the following address: South Florida Water Management District ATTN: Accounts Payable 3301 Gun Club Road West Palm Beach, FL 33406 The Recipient shall not submit an invoice to any other address at the District. 4.3 The Recipient shall submit the final reportldeliverable(s), along with a copy of the invoice, to the Project Manager at the following address: South Florida Water Management District ATTN: Michael Patrick Goste! 210 Atlanta Avenue Stuart, FL 34994 4.4 The District shall have the right to inspect all work and review fmal reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission, The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the District conditions as detailed in the Agreement. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Any . disputes regarding invoice payments which cannot be resolved by the appropriate department of the District shall be concluded by final written decision of the District Leadership Page 3 of9, Agreement No, 4600000637 Team not later than sixty (60) days after the date on which the proper invoice was received by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the perfonnance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of thi·s Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perfonn in accordance with the tenns and conditions of the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non-performance by failing to perfonn an act that is an important part of the transaction or perfonning an act inconsistent with the tenns and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Tennination for Default Notice, the District's Governing Board shall detennine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Rule 40E-7, Part II, F.A.C. in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District tenninate for default in accordance with this provision, the District shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The District may tenninate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The perfonnance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, Page 4 of9, Agreement No. 4600000637 whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the .. date upon which such termination becomes effective. In the event of termination for convenience, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with, generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. Page 5 of9, Agreement No. 4600000637 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this proj ect. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns, during or after the perfQrmance on this Agreement. Both parties are free to enter into contracts with other parties for similar services. Page 6 of 9, Agreement No. 4600000637 9.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 9.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third- party beneficiary or otherwise. ARTICLE 10 - GENERAL PROVISIONS 10.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 10.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments, and documents specifically incorporated herein by reference 10.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 10.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 10.5 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements Page 7 of9, Agreement No. 4600000637 previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. This Agreement may be amended only with the written approval of the Parties. ARTICLE 11 - INDEMNIFICATION AND INSURANCE 11.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities: For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save and hold the District, its officers, directors, board members, agents, assigns, and employees, harmless from liabilities, damages, losses, and costs including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrong conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. 11.2 Government entities will be responsible for their own acts of negligence up to the amounts in Section 768.28, Florida Statutes. The entity assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions. This in no way means that an agency consents to be sued. It should warrant and represent that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the officers, employees, servants and agents while acting within the scope of their employment during perfonnance under this Agreement. It is further agreed that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; of (3) a waiver of sovereign immunity of the State of Florida beyond the wavier provided in Section 768.28, Florida Statues. 11.3 The following shall only apply if the work is being performed on District property: The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage, which will be detennined after the evaluation of the Statement of Work as to the amounts and conditions. The coverage required shall extend to all employees and subcontractors of the Recipient. The Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers, effective and expiration dates of each type of coverage required. The insurance carrier's authorized representative shall sign the Certificate. Page 8 of9, Agreement No. 4600000637 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNmNGBOARD By: Frank Hayden, Procurement Director Date: Recipient's Legal Name: .By Authorized Official: Title: Date: SFWMD Office of Counsel Approved By: Date: By: :::J}Yyv Date: I ~ --;¿:< - 06 - Page 9 of9, Agreement No. 4600000637 EXHIBIT "A" STATEMENT OF WORK FOR "Barrier Island Natural Community Exotic Plant Removal, Restoration/Replanting, and Water Quality Improvement in Saint Lucie County, Florida" 1.0 INTRODUCTION Saint Lucie County jointly-purchased Blind Creek Park (SLC, SLCMCD, USFWS, CARL, SOR were contributing partners) in the mid-1990's, for the purposes of preservation, conservation, protection of the Indian River Lagoon and Public Access. Restoration activities have been ongoing at the site, since that time, including; pumps, pump stations, aerators, culverts, native plantings and exotic removal activities. Public access has also been ameliorated through the installation of parking areas, dune crossovers, observation platforms and fishing piers. Impoundment lOB is currently in- process of being designed for circulation improvements, including breach stabilization and landowner coordination of management activities. 2.0 BENEFITS TO THE IRL These restoration activities have helped to foster and protect increased biodiversity in the Lagoon and its associated native wetlands and uplands, by improving habitat quality and promoting hydrological exchange. Public access to the Lagoon has also been fostered, to increase accessibility and to allow the public the cultural benefits resulting from that access. 3.0 LOCA TION OF PROJECT The project areas are located on the barrier island in Saint Lucie County, approximately 1 mile north and 4 miles south of the Hutchinson Island Nuclear Power Plant (maps provided), along State Road AlA, and is directly 'contiguous with, and adjacent to, the Indian River Lagoon. 4.0 SCOPE OF WORK The work objectives are: to remove exotics and fallen vegetative debris resulting from Hurricanes Frances, Jeanne and Wilma (at Blind Creek Park) from approx. 30 acres; to replant the exotic/vegetative debris removal areas with native over-story and ground-cover plants (at Blind Creek Park); to purchase a Disk Circulator for future water quality maintenance serving 80 acres of wetlands (at Impoundment lOB). Page 1 of2, Exhibit "A" to Agreement No. 4600000637 5.0 WORK BREAKDOWN STRUCTURE The exotics and fallen vegetative debris will be collected by loaders and excavators, stacked and burned. The woody and ground-cover coastal strand species of natives will be planted surrounding the burn areas, to slow down the process of exotic recovery to the cleared areas. The Disk Circulator will be purchased for impoundment lOB, to provide water control and circulation during the summer management period. 6.0 COST BREAKDOWN AND TASK DELIVERABLE SCHEDULE The exotic and vegetative debris removal is to be funded by the Invasive Plant Task Force at a total cost of $109,000.00 (deliverable start date Sep 30, 2006 finish date Sep 30 2007). The native re-planting effort is to be funded by the IRL License Plate FY2006 Program at a total cost of $21,776.00 (deliverable start date Sep 30, 2006 finish date Sep 30 2007). The Disk Circulator is to be funded by the IRL License Plate FY2006 Program at a total cost of $18,000.00 (deliverable start date Sep 30, 2006 finish date Sep 30 2007). The project will be complete within 1 year of execution of the funding agreement. Page 2 of2, Exhibit "A" to Agreement No. 4600000637 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one (1) year agreement · All deliverables submitted hereunder are subject to review by the District Due dates for all deliverables are based on the number of weeks trom the date of agreement execution. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit format. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below, Total payment by the District for all work completed herein shall not exceed the amount of $39.776.00. All payments are subject to District fiscal year appropriations. Letter of Completion 52 weeks $39,776,,00 Total $39,776.00 Page 1 of 1 Exhibit "B" to Agreement # 4600000637 Blind Creek DEP 06 I 07 Invasive Plant Task Force Approximately 33 acres to be cleared N A Directions: Blind Creek County Park is on South Hutchinson Island between the Atlantic Ocean and the Indian River L¡¡goon, ¡¡pproximately 1 mile north of the Hutchinson Island Nuc!e¡¡r Power pl¡¡nt and is bisected by St¡¡te Highway A 1A The projeèt area is just north of Blind Creek and west of Hwy A1A o 300 600 900 1,200 Map prepared March 20, 2006 Aerials flown 2003 ...- Feet JUSTIFICA TIONFOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. Agood faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose toprocure the following: Instreem Water Management Platform System As a sole source procurement from: J.G.&H. Consulting, Inc. Name of Company: Instreem Water Management Platform System Contact Name: Gary Hamilton, President Phone: (386) 931-6789 The basis for this sole source determination and the reason no other vendor is suitable is: Letter from J.G.&H. Consulting, Inc. Department/Division Mosquito Control Date 1/2/06 Director Title Note: 1, Enter description of goods or services to be procured, 2. Enter name of sole source contracting. 3, Enter the determination and basis for sole source procurement 4. Attach sole source letter from vendor and department 5, Attach proposal from vendor with pricing. Approved fð/ Disapproved 0 G:FORMS\SOLE SOURCE\INT Proposal J,G.&H. Consulting, Inc. 10 East Bayshore dr. Port Orange, £132127 386-931-6789 j. g.hamilton@earthlinknet June 22, 2006 Mr. TIm David, Director St. Lucie County Mosquito Control 3150 Will See Rd. Ft. Pierce, Fl. 34982 Dear Ttm, As per our conversation, enclosed are .pictures of the Instreem Water Management PlatfQrm that you requested, In addition, attachedplea.sefind some. technical data regarding the capabilities of the Instreem technology and a sole source reference, The proposed platform is used with a new motor (less tban 100 operating hours). This machine was utilized most recently in the summer of 2003 . for the City of Daytona Beach. The platform is in good condition and available for purchase as surplus. The price for tbis machine is $18,000.00 delivered to 51. Lucie County. You will need to provide a boom truck or other device to. lift the platforxn off of trailer upon delivery. The platform will be delivered with the front and rear baffies off The pontoons will also be detached. Terms: $18,000.00 payable to IG.&H Consulting, Inc. upon delivery. Ttm, please let me know if you need anything else regarding this technology or the proposed transaction, 1. G.&H. Consulting Inc. ' s EIN is 01-0625131, Best Regards, Gary Hamilion, Presí~ L RECE\V~D JUN 2 6 2006 J.G.&H. Consulting, Inc. 10 East Bayshore Dr. PortOrange,F132127 386-931-6789 i. g.hamilton(â),earthlink.net November 25,2006 Mr. Jim David, Director St. Lucie County Mosquito Control District Re: Sole Source Provider Dear Jim, As per your request, please let this letter serve as notice that J.G.&H. Consulting, Inc. is the sole source supplier in Florida of the Instreem Water Management Platform System manufactured by Sterns Enterprizes of Aztec, NM. Best Regards, Gary Hamilton, President INSTRFLv\n1 TTCI-INOL()GY PLA1TOR\l Technical Information U.S. Patent # 594836, 5942161, Euro Patent Pending Nomenclature: A 70" x 130" x 97" floating technology platform, constructed of 6061- T -6 Aircraft grade aluminum, powered by a 5 horsepower 230-440 volt motor-gear reducer combination, rotating a 6', .25" wall coatedst~eLshafta[43HPM, containing ten 4.5' composite orbal discs, inducing water circulation at 57 million gallons per day, imparting volumes of dissolved oxygen per hour. Motor-Gear Reducer Specifications Manufacturer - Dodge Horsepower Volts 5 230 Single, 208,230,440 Three Phase Features Include: · Thermal Protection · Draws 8.0 amps fully loaded · Ground fault protection · Soft Start Technology 1 SINGLE DISC OXYGEN TRANSFER CHARACTERISTICS Per-Disc Base Forward Apex Forward Efficiency Efficiency RPM 100 02 / hour Brake HP / hour 100 02/ bHP 100 02/ hour Brake HP I hour 100 02 // bHP 43 1.66 0.48 3.46 1.25 0.36 3.47 46 1.87 0.56 3.30 1.40 0.41 3.38 49 2.08 0.65 3.20 1.55 0.42 3,30 -4 :5 .2 1 .... """'-- 11:2-tOZ D .......E ~-~& ~1IEU!£D """" c .... SECTION A-A (!!Iff 1) 2 Induced Circulation Flow and Circulation Data The flow created by the unit is almost entirely horizontal,but can be adjusted to a down angle to suit any application. The "pumping rate" of the unit is 174.352gallon$ per-second (measured through a cro~-sectjonal area - 9.18' x 1.6' deep, 6.9' in front of the discs). The enhanced circulation exceeds 581,17 gallons per-second when measured through a cross- sectional area - 40' wide x 3' deep, 100' down stream of the unit. Parcel of Water Average Parcel of Pumping Pumping Pumping Depth 100' x 40' Water Rate Rate Rate Date (ft) Area (sq. ft) Vol (eu. ft) (cu. ft I see) (MGD) (MGD/hp) 5/2/2000 2.3 4000 9200 52.9 34.2 6,0 5/12/2000 2.5 4000 10000 41.6 26.9 4.7 6/2/2000 2.8 4000 11200 61.6 39.8 7,1 6n /2000 3.9 4000 15600 90,0 58,2 9.4 6/19/2000 3.2 4000 12800 71.9 46.5 8.4 Flow rate data was col1ected on a 10 disCgas-PQwered (811p) Instreem unit, base Notes: forward, equipped with tunnel, located ontheHalifli3X R.iver at Ponce Inlet, FL. Data was gathered òn a grid system, using current meters with a range down to 0.05 feet per second, Grid spacing was five feet up to 30 feet from the unit center (driveshaft), at which point spacing shifted to every 10 feet.. Grid width was 40 feet. Readings were taken at depths just below the surface and every foot thereafter until the meter reached.bottom. Horsepower is calculated using factors provided by US Filter/Envirex, Waukesha, WS Discs: The discs are made of polystyrene with a diameter of 4.5', with surface features to enhance aeration and water movement. Floatation: Four polyethylene floats provide floatation. Floats are equipped with valves which allow adjustment of disc depth between 1.4 to 1.6'. 3 Gear Reducer: The reducer has a cast iron housing that can be coated with epoxy for marine/saltwater environment applications and is rated for 12 horsepower. Bearings: Each unit uses a nickel- plated cast iron hou~ing with stainless steel roller bearings, setscrews, and seal caps. Materials: to reduce corrosion and with the exception of the bearing, motor and reducer, the unit is fabricated of 6061- T -6 aluminum with stainless steel fasteners. Parts: All parts are available through the manufacturer. Sterns Enterprises 819 S. Main Ave. Aztec, NM 87410 505-3340155 Sole Source Reference: Mr. Toby Cordel, Director ofPuchasing San Juan County, New Mexico 505-334-4553 Charlet Grande, Chairman Chris Craft, Vice Chairman Joteph E. 'mith DouS Coward Paula A. Lewh District No.4 Dbtrict No.5 District No. 'I District No.2 Dbtrict No. J AGENDA 'anuarp 9, 200'1 I. MINUTES Approve the minutes from the meeting held on December 12,2006 2. GENERAL PUBLIC COMMENT CON'ENT AGENDA 'I. WARRANTS LIST Approve Warrants List No. 11, 12, 13, and 14. 2. PUBLIC WORKS A. First Amendment to Project Grant Agreømentf\lo. .065Ll with FDEP and WorR Authorization No. 10 with Taylor Engineering, Inc. - Consiclersta{frecPl11rnéndÇttion to approve of 1) the First Amendment to Project Agreement 065Ll with theFI~l"icla.8ep(].rtl11entofEnVirOnmel1tal Protection along with Budget Resolution No. 07~001,2) WorÞ AuthPri~ÇttionNo.l0 (C04-11-622) with Taylor Engineering, Inc. and execution of said documents þy theChctÎrperson. 8. Cooperation Agreement with the. U.S. ArmyCorpsofl;ngineers.for federal emergency funding (100%) to restore Fort Pierce beach to pre-storm,ondith::ms-Consicterstaff recommendation to approve the attached cooperation agreementwithth¡¡aU.S. ArmyCorpsi of Engineers and exe,ution of said agreement by the Chairperson; contingent on review· and approval of the final agreement by the County Attorney. C. Authorization to extend the contract with Marlowe &.Company for the upcoming year (2007) to continue coordinating beach lobbying efforts in. "¥Clshil1gton, D.C. and with the U.S. Army Corps of Engineers. _ Consider staffrecol11mendationt()approv~t()WClive the bid process and authorize staff to extend the contract with Marlowe & COmPal1Y for the period beginning January 1, 2007 and ending December 31, 2007 for a flat monthly f¡¡aEtrClte of $;3,000<$36,000) totClI), which includes professional services and out~of~pocRet expenses; withexecytion of sClidcontract by the Chairperson. NOTICE: All Proceedings before this Board are electronically record.-ad.AoY person who d.-aciçles to appeal any action taÞen by the Board at these meetings will need a record of the proceedings and for suchpurposemCiy O.-a.-ad to.-aosW.-athat a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during CI heClringwill be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine. any individual testifyingc\lJriOgCl hearingl.JpOn 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 (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. ~. . ,--------.~--- -_._---~. ._--- -~.._--- Date: December 12, 2006 Tape: 1 ST LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Convened: 11 :30 a.m. Adjourned: 11 :30 a.m Commissioners Present: Charles Grande, Chairman; Chris Craft, Joe Smith, Paula Lewis, Doug Coward Others Present: Ray Wazny, Asst. County Administrator; Faye Outlaw, Assistant County Administrator; Dan Mcintyre, County Attorney; Heather Young, Assistant County Attorney; Mike Brillhart, Eco. & Strategic Development Director; Debra Brisson, Parks & Recreation Director; Beth Ryder, Community Services Director; Jack Southard, Public Safety Director; Jim David, Mosquito Control Director; Mike Powley, County Engineer; Diana Lewis, Airport Director; Don West, Public Works Director; Ron Harris, Public Works; Don McLam, Project Manager, Central Services; Richard Bouchard, Erosion District Manager; Leo Cordiero, Solid Waste Director; Robert Nix, Growth Management Director; Joanne Riley, Acquisitions Manager; Don Pauley, Road & Bridge Manager; Bill Hoeffner, Director of Grants; C. Badger, Sheriff; Lauri Heistermann, Deputy Clerk 1. MINUTES The Board approved the minutes from the meeting held on November 14, 2006 The Board approved the minutes from the meeting held on November 28, 2006 It was moved by Commissioner Craft, seconded by Commissioner Coward to approve the minutes and upon roll call motion carried unanimously. 2. GENERAL PUBLIC COMMENT Craig Mundt, South Hutchinson Island addressed the Board. He asked if item C was going to include the North Hutchinson area as well as the South Hutchinson Island area. Richard Bouchard, Erosion District Manager stated that this incorporates the entire County including the City Of Ft. Pierce. Commissioner Craft stated that the spur jetty looks incredible. He asked if the material underneath was organic soil. Richard Bouchard, Erosion District Manager stated that he had went to the consultant that helped with the design. He stated that they wrote a letter indicating that the spur jetty was built like it was supposed to be. He stated that there was no organic soil. Commissioner Craft asked that staff look at the stress fracture in the spur jetty. Richard Bouchard, Erosion District Manager stated that there was an event were the waves had kicked up right after they had poured the decking. He stated that these areas have been cleaned up. CONSENT AGENDA 1. WARRANTS LIST The Board approved Warrants List NO.9 and 10. 2. PUBLIC WORKS - EROSION A. Spur Jetty Damage Repair: Change Order No.1 and Final Payment to Sunshine Land Design, Inc. - The Board approved staff recommendation to approve the following actions with Sunshine Land Design, Inc. regarding the spur jetty damage repair contract: 1) release of retainage in the amount $15,134.63, 2) final payment (including retainage) in the amount of $126,231.93 and 3) Change Order No.1, decreasing the final contract amount by $5,463.09 and increasing the contract time six (6) days, and signature of said Change Order by the Chairperson. B. Extension to the original Consultant's Agreements to provide professional services related to beach nourishment and coastal engineering - The Board approved staff recommendation to extend the original Consultant's Agreements with Taylor Engineering, Inc. (C04-11-622) and Coastal Technology .~ .~ ~.-.__.._..~_._~. ~--_._----- -.---".---"-'--'-- Corporation (C04-11-642) for two (2) additional one (1) year periods and authorize signature of said agreements by the Chair. C. Countywide Dune Assessment: First Amendment to WorÞ Authorization No. 06 (C-04-11-622) with Taylor Engineering, Inc. - The Board approved staff recommendation to approve the First Amendment to WorÞ Authorization No. 06 (C-04-11-622) with Taylor Engineering, Inc. and execution of said agreement by the Chairperson. D. Spur Jetty: License agreement renewal with the U.S. Army Corps of Engineers (USACOE) - The Board approved staff recommendation to approve the License agreement with the U.S. Army Corps of Engineers and execution of said agreement by the Chair. E. Approval of Project WorÞ Schedule Time Extensions with Lee Harris, PhD, P.E. - The Board approved staff recommendation to approve Amendment No.1 to 1) W.A. No. 02 (C-05-11-619), 2) WA. No.4 (C- 05-11-619), and 3) WA. No. 05 (C-os-11-619) with Lee Harris, PhD, P.E. and execution of said amended agreements by the Chairperson. It was moved by Commissioner Craft, seconded by Commissioner Lewis to approve the Consent Agenda and upon roll call motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 11 :30 a.m. Chairman Clerk of Circuit Court ----.-.-..-- --- 12/04/06 PAGE ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 9- 25-NOV-2006 TO 01-DEC-2006 FUND SUMMARY- EROSION FOND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 470.78 4,607.28 GRAND TOTAL: 470.78 4,607.28 Þ ÍIt 1 .H_____.__ L2/08/06 ST. LUCIE COUNTY - BOARD PAGE 'II7.ABWARR WARRANT LIST #10- 02-DEC-2006 TO 08-DEC-2006 FUND SUMMARY- EROSION rom> TITLE EXPENSES PAYROLL L84 Erosion Control Operating Fund 5,377.49 314.62 GRAND TOTAL: 5,377.49 314.62 _:.,~ - 1 01/05/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #14- 30-DEC-2006 TO OS-JAN-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,372.43 0.00 GRAND TOTAL: 1,372.43 0.00 1 12/15/06 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #11- 09-DEC-2006 TO 15-DEC-2006 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 4,212.40 4,755.76 GRAND TOTAL: 4,212.40 4,755.76 1 12/29/06 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #13- 23-DEC-2006 TO 29-DEC-2006 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 400.78 4,607.28 GRAND TOTAL: 400.78 4,607.28 1 "\ ~ COUNTY ,~ F l ,0 R I. D A ~ AGENDA REQUEST ITEM NO. C-2A DATE: January 9, 2007 TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~~Lr~ Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: First Amendment to Project Grant Agreement No. 06SL 1 with FDEP and Work Authorization No.1 0 with Taylor Engineering, Inc. BACKGROUND: On June 13, 2006 the Board approved Project Agreement 06SL 1 with FDEP consisting of $72,667 in state funds to provide design and permitting services related to the 2007 Fort Pierce Beach Nourishment project. This grant amendment includes $19,613 in state funding to provide for additional services associated with the Ft. Pierce Beach project. More specifically, these funds will be utilized for continued coordination of the limited Re-evaluation Report (LRR) with the U.S. Army Corps of Engineers. As you may recall, the LRR provides for a reduction ofthe non-federal costs of the Ft. Pierce Beach nourishment project due to the impacts of the Federal Inlet associated with beach erosion. Work Authorization NO.1 0 (C04-11-622) with Taylor Engineering, Inc. ($39,226) is also attached and identifies the scope of work for these services. FUNDS: Funds ($19,613) will be made available in the following account: Account No. 184209-3710-531000-3630; Erosion District - FDEP Grant for Ft. Pierce Beach. Budget Resolution No. 07-001 is also attached for Board consideration. PREVIOUS ACTION: June 13, 2006: Board approved Project Agreement 06SL 1 with FDEP for Ft. Pierce Beach. RECOMMENDATION: Staff recommends Erosion District Board approval of 1) the First Amendment to Project Agreement 06SL 1 with the Florida Department of Environmental Protection along with Budget Resolution No. 07-001,2) Work Authorization No. 10 (C04-11-622) with Taylor Engineering, Inc. and execution of said documents by the Chairperson. [~ APPROVED [ ] DENIED rl OTHER: d 5 0 Approve - CONCURRENCE· DO~Z County Administrator -., COMMISSION ACTION: [x]County Attorney ['¡Ori,'n"'n, Dept. P,.", war¥-' a [x]Mgt & Budget [x]Fiscal Control Coordinator_ \:>~ t\ [x]Finance Department (Grants) [x]Erosion District RESOLUTION NO. 07-01 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Department of Environmental Protection Fort Pierce Shore Protection Project in the amount of $19,613 an additional amount to the original award of $72,667. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 9th day of January 2007, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2006-2007, and the Erosion District's budget is hereby amended as follows: REVENUES 184209-3710-334391-3630 FI Dept of Environmental Prot $19,613 APPROPRIATIONS 184209-3710-531000-3630 Professional Services $19,613 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande. Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 9th DAY OF JANUARY, 2007. EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: ATTEST: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Colleen M. Castille Secretary December 4, 2006 VIA DHL Richard Bouchard St. Lucie County Erosion District 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Execution of Amendment to Project Agreement Ft. Pierce Shore Protection Project DEP Contract No. 06SL I Dear Mr. Bouchard: Enclosed please find a set of three (3) originals to amend the referenced project agreement, which are signed and dated on behalf of the Department by Bureau Chief, Michael Barnett. If you find this Amendment to be in order, it is requested that you execute each original by having them signed and dated, as appropriate. It is further requested that you retain one (1) of the fully executed originals for your records, and return the two (2) remaining fully executed originals to me at the letterhead address, Mail Station #300, within five (5) working days following completion of your internal review and signature process. Failure to execute and return the originals to the Department in a timely manner may result in invoice payment delays, rejected billings or the possible reversion of funds intended for this project. Please be advised that work conducted on any eligible project item prior to written authorization by the Department may not be eligible for reimbursement. Should you have any questions, please contact me at 850/922-7711, or Brian Taylor, the project manager, at 850/922-7866. Sincerely, ~C- ~cw.\-~L~~ Dena VanLandingham Grants Program Administrator Bureau of Beaches and Coastal Systems ..~-.~.-. '..,.,--- Enclosure xc: Brian Taylor, file /,' ,I' .. ~~S~; 8 "^~ore Protection, Less Process" Printed on recycled poper. AMENDMENT No: 1 DEP AGREEMENT No: 06SLl FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR FT. PIERCE SHORE PROTECTION PROJECT THIS AGREEMENT is entered into on the 20th day of June, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: . Paragraphs 6, 7 and 11 are hereby revised to read as follows: 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: 'Task # Elil!Ïble Pro,iect Tasks Estimated Proiect Costs Federal DEP Local Total 2.0 Desi2n and Permittin2 $0 $92,280 $92,280 $184,560 TOTAL PROJECT COSTS $0 $92.280 $92.280 $184.560 TABLE 1 7. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $92,280 for this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. 11. As consideration for the eligible work performed by the LOCAL SPONSOR under the tenns of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the fonns provided as Attachment D-l (Request For Payment, PARTS I - III), attached hereto and made a part hereof. These fonns may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These fonns shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental pennits, including those required pursuant to Chapters 161, DEP Agreement No. 06SLl, Amendment No.1, Page 1 of3 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part III Project Progress Report must be completed and submitted. · All references to Attachment D are hereby deleted and replaced with references to Attachment D-I. · Attachment D is hereby deleted in its entirety. · Attachment D-I as attached hereto is hereby added to the Agreement. · In accordance with Paragraph No. 23, a revised copy of Exhibit 1 to Attachment F is herein provided to identify the additional funds included under this Agreement. · Exhibit 1 to Attachment F is hereby deleted in its entirety and replaced with Exhibit lA, attached hereto and made a _part hereof. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No.1, Page 2 of3 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title: District Chair By:Æ'.L Ie&. Secretary or designee _ f} ~ Date: Date: /2/{)yft~ FEll No.59-6000835 lJo __ Q.. ~^... \ ... _ 1):~ . DEP Grant Program Administrat APPROVED as to fonn and legality: /J,P ~ß-C2.. DEP Attorney *If someone other than the District Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of AttachmentsÆxhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment Attachment D-l F Request For Payment (3 pages) Exhibit lA (Page 5 of 5) DEP Agreement No. 06SLl, Amendment No.1, Page 3 of3 ATTACHMENT D-l FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT - PART I PAYMENT SUMMARY Name of Project: FT. PIERCE SHORE PROTECTION PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 06SL 1 Billing Number: Billing Period: Billing Type: D Interim Billing D Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Advance Pay $ Less Advance Pay $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage (10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. 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'¡:) 13 u < ~ .. g ~ Q) ~ § oS¡¡¡u 0 ~ Q) ~,....,oS .8 ] .s tIS ..CI '"0 'Q) 'B;Ë-g t¡: u- '~;g .ë Q) t¡:¡ ~ :g~!¡ M a r-- '"0 - ~ or) ¡g 'It~.,.J ON,.cU ~\Ö 0 g 'It .... r:: '5~~0 tIS__ U Q)~fI}Q) .. ß' '"0 oS & =.~ .s C-04-11-622 (WA #10) WORK AUTHORIZATION NO. 10 Professional Services Related to the Limited Re-evaluation Report for the Fort Pierce Beach Project Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant") dated November 23,2004 and amended on December 12, 2006 (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". The Consultant also agrees to abide by the conditions and requirements of DEP Agreement No. 06SL 1. 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: COUNTY ADMINISTRATOR DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Date: H:IMSWORDIMISCfTAYLOR WA10.2006 EXHIBIT A Additional (August 2006) Scope of Services to Revise and Submit the Limited Reevaluation Report (LRR) Ft. Pierce Shore Protection Project, St. Lucie County, Florida Background We submitted the original scope of services to revise and update the Ft. Pierce Shore Protection Project (SPP) General Reevaluation Report (GRR) with Final Environmental Assessment in early 2004. The original scope of services covered the following tasks: (I) Engineering Appendix revision, (2) Optimization Spreadsheets Appendix revision, (3) Economics Appendix revision, (4) environmental documents preparation, (5) revision of the Main Report, (6) final beach fill volume requirement and cost estimate, (7) draft report submittal and response to Independent Technical Review (ITR) comments, and (8) response to U.S. Anny Corps of Engineers (USACE) South Atlantic Division (SAD) headquarters comments and final report submittal. Following a request from St. Lucie County, we submitted in Spring 2004 a scope of services to include a 50-year project design within the draft GRR. The 50-year project add-on included the following services specifically pertaining to a 50-year analysis period: (I) Optimization Spreadsheets Appendix revision, (2) Economics Appendix revision, (3) revision of the Main Report, (4) final beach fill volume requirement and cost estimate, (5) draft report submittal and response to ITR review comments, and (6) response to USACE headquarters comments and final report submittal. We submitted a draft GRR with a draft Environmental Assessment to the Jacksonville District USACE in September 2004. Taylor Engineering and the USACE independently completed ITR reviews of the document in the Spring of 2005. At an August 9, 2005 meeting between the Jacksonville District USACE ITR team, Taylor Engineering, Inc. staff, and Mr. Richard Bouchard (St. Lucie County), the USACE recommended - based on its revised understanding of its Headquarters' review process - that we reframe the submitted GRR document with its 15- and 50-year plans into two new documents - (1) a Limited Reevaluation Report (LRR) to cover the remaining IS-year project life and (2) a GRR to cover a possible reauthorized 50-year project. We completed and submitted a draft LRR to the Jacksonville District in September 2005. The District internally approved the LRR and submitted it in November 2005 to South Atlantic EXHIBIT A Division (SAD) USACE for its review. In May 2006 SAD supplied comments on the draft LRR. Jacksonville USACE personnel, Taylor Engineering personnel, and Mr. Richard Bouchard (via telephone) attended a meeting on June 15,2006 to discuss SAD's comments. Initial review of the comments and discussion during the June 15th meeting indicate that several comments require significant effort to develop adequate responses. Normally, SAD only comments on policy- related issues, as opposed to technical issues, addressed in design documents like the LRR; technical issues are resolved at the District. Departing from the norm, SAD unexpectedly commented on a significant number of technical issues (methodology and approach) addressed in the Ft. Pierce Beach LRR even though these issues had been approved by, and were consistent with past methods and approaches of, the Jacksonville District. SAD's comments on technical issues require a complete revision of the Economics Appendix including new Storm Damage Model simulations. The previous LRR Scope of Services budgeted for responding once to policy- related comments from SAD; however, the level of SAD technical comment and inquiry requires additional time and monies previously unanticipated. We will use previously approved monies to complete the following portions of the prior approved scope of work: address SAD's policy-related questions; and print and submit the required number of revised LRR copies. We respectfully ask for additional time and monies, described in the following scope of work, to respond to SAD's technical comments. Scope of Services We have developed this scope of work with the following assumptions: 1) We will prepare and submit one response to SAD's May 2006 comments. Incorporation of the changes, described in the response, into the draft LRR will prove sufficient for final approval of the LRR. 2) One iteration of responses - including a meeting (teleconference) with SAD to go over SAD's comments and our draft response - will adequately address SAD's comments. Following the meeting with SAD and agreement on the comments and appropriate responses, incorporation of the changes into a revised draft LRR will prove sufficient for final approval of the LRR. 3) Jacksonville District USACE will take the lead role in preparing the biological opinion; running MCACES and preparing all project cost estimates; and preparing the renourishment analyses, interest during construction, and project life cycle cost analyses. EXHIBIT A Taylor Engineering will coordinate with the District to ensure its work meets the LRR's needs and then incorporate the District's products with no changes into the LRR. 4) Taylor Engineering will take the lead role in answering questions related to the stonn damage model. It will, however, periodically coordinate with the District to ensure that the revised methods used in the model are consistent with USACE's evolving policies. 5) The analysis within the Engineering Appendix and the portions of the main report referencing the Appendix's findings will remain unchanged. However, to address SAD's comments, we will incorporate additional discussion and clarification into the Engineering Appendix. Note that, given the absence of its lead engineer during a 13 July 2006 teleconference, SAD tentatively deemed adequate our draft response to its engineering questions. We assume that, following the review of its lead engineer, SAD will officially accept as adequate our previously drafted response, as discussed at the 13 July 2006 meeting. Task 1 Respond to SAD Comments on LRR: Background Infonnation We will respond to SAD's May 2006 comments on the draft LRR (submitted November 2005) that pertain to the background for the three major changes discussed in the LRR. The three major changes that the LRR discusses include change of the authorized project length (by WRDA 1996), change of the cost-sharing arrangements (due to the Section 111 Report), and change to the renourishment interval (due to changed nearshore behavior). Cost Task 1 $1,314.00 Task 2 Respond to SAD Comments on LRR: Economics We will respond to SAD's May 2006 comments on the draft LRR that pertain to the economic modeling and analysis discussed in the LRR. We will address several SAD questions pertaining to the technical aspects of the model employed to calculate the stonn damages (the Stonn Damage Model or SDM). Several comments require verification or support for the modeling approach and technical methods applied in the SDM. We will coordinate with the Jacksonville District of the U.S. Anny Corps of Engineers who developed the SDM. A site visit will confinn and update the structure inventory, and the input conditions, for the new modeling. Additionally, following SAD comment and Jacksonville UASCE guidance, the new SDM modeling will incorporate the condemnation distance function within the SDM. EXHIBIT A Taylor Engineering will subcontract US Cost, Inc. to develop the replacement cost for six structures in the project area vicinity. The purpose of this work is to allow evaluation of the St Lucie County Property Appraiser's building values and the development of reliable "replacement cost less depreciation" values for the structures in the project area. Cost Task 2 $13,659.00 Task 3 Respond to SAD Comments on LRR: Main Report We will respond to SAD's May 2006 comments on the draft LRR that pertain to the Main Report of the LRR. We will address SAD comments on the changed engineering conditions for the LRR, the cost-sharing percentages applied in the study, and user demand within the study area. Cost Task 3 $3,155.00 Task 4 Respond to SAD Comments on LRR: Engineering We will respond to SAD's May 2006 comments on the draft LRR that pertain to the engineering aspects of the LRR. We will address SAD comments on the changed engineering conditions for the LRR that result in the more &equent renourishment interval. Cost Task 4 $1,945.00 Task 5 Respond to SAD Comments on LRR: Environmental We will respond to SAD's May 2006 comments on the draft LRR that pertain to the environmental aspects of the LRR. We will address SAD comments on the environmental coordination issues. Cost Task 5 $1,532.00 Task 6 Respond to SAD Comments on LRR: Plan Formulation We will respond to SAD's May 2006 comments on the draft LRR that pertain to the plan formulation aspects of the LRR. We will address SAD comments on plan formulation topics that include life cycle considerations and issues that relate to the Section 111 Report from 1982. EXHIBIT A Cost Task 6 $1,733.00 Task 7 Respond to SAD Comments on LRR: Real Estate We will respond to SAD's May 2006 comments on the draft LRR that pertain to the real estate aspects of the LRR. We will address SAD comments on easement issues that relate to project construction. Cost Task 7 $541.00 Task 8 Revise and Update Economics Appendix ofLRR The technical level of comment by SAD requires additional model runs of the Storm Damage Model (SDM) and further economic and engineering analysis of project variables. The economic analysis will reflect SAD comments on structuraI damage-erosion distance, construction practices, the measurement of the structure position, and condemnation considerations. Tasks include the update of SDM input files, new SDM simulations, incorporation of the latest interest rates, and revision of tables included in the LRR Engineering Appendix. Cost Task 8 $10,599.00 Task 9 Incorporate Changed Economics into Main Report of Revised LRR Revisions of the Economics Appendix in Task 8 will require changes to the Main Report of LRR. We will also update and revise other technical details that relate to SAD's comments. Note that we will use the funds from the budget of the November 2006 LRR Scope of Services to (I) to prepare and incorporate our response to SAD's policy-related comments, and (2) to resubmit the revised LRR to the Jacksonville District USACE. The costs listed for this task reflect only those for the additional unanticipated work. Cost Task 9 $4,748.00 Total Project Cost $39,226.00 Summary EXHIBIT A We will perform the above described services for a fixed, lump sum amount of$39,226.00. EXHIBIT B TAYLOR ENGINEERING,INC. COST SUMMARY BY TASK P2006-120: ADDITIONAL (AUGUST 2006) SERVICES TO SUBMIT FT. PIERCE SPP LRI' TASK 1: Respond to USACE SAD Comments on Draft LRR: Background Information Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.125 225.00 Vice President 0.500 580.00 Project Professional 0.500 368.00 Senior Editor 0.125 89.00 Administrative Support 0.125 52.00 Total Man-Days Labor Cost 1.375 1,314.00 Total Task 1 1,314.00 TASK 2: Respond to USACE SAD Comments on Draft LRR: Economics Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.125 225.00 Vice President 1.250 1,450.00 Project Professional 7.000 5,152.00 Senior Editor 0.250 178.00 Staff Technical Support 0.125 51.00 Administrative Support 0.125 52.00 Total Man-Days Labor Cost 8.875 7,108.00 Non-Labor Subcontract US Cost Total Non-Labor Cost Units 1.0 Cost 6,551.00 6,551.00 Total Task 2 13,659.00 TASK 3: Respond to USACE SAD Comments on Draft LRR: Main Report Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.125 225.00 Vice President 0.750 870.00 Director 0.125 123.00 Project Professional 2.250 1,656.00 Senior Editor 0.250 178.00 Staff Technical Support 0.125 51.00 Administrative Support 0.125 52.00 Total Man-Days Labor Cost 3.750 3,155.00 Total Task 3 $ 3,155.00 EXHIBIT B P2006-120: ADDITIONAL (AUGUST 2006) SERVICES TO SUBMIT FT. PIERCE SPP LRI' TASK 4: Respond to USACE SAD Comments on Draft LRR: Engineering Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.125 225.00 Vice President 0.500 580.00 Director 0.125 123.00 Project Professional 1.000 736.00 Senior Editor 0.250 178.00 Staff Technical Support 0.125 51.00 Administrative Support 0.125 52.00 Total Man-Days Labor Cost 2.250 1,945.00 Total Task 4 $ 1,945.00 TASK 5: Respond to USACE SAD Comments on Draft LRR: Environmental Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.125 225.00 Vice President 0.250 290.00 Project Professional 1.000 736.00 Senior Editor 0.250 178.00 Staff Technical Support 0.125 51.00 Administrative Support 0.125 52.00 Total Man-Days Labor Cost 1.875 1,532.00 Total Task 5 $ 1,532.00 TASK 6: Respond to USACE SAD Comments on Draft LRR: Plan Formulation Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.125 225.00 Vice President 0.500 580.00 Project Professional 1.000 736.00 Senior Editor 0.125 89.00 Staff Technical Support 0.125 51.00 Administrative Support 0.125 52.00 Total Man-Days Labor Cost 2.000 1,733.00 Total Task 6 $ 1,733.00 TASK 7: Respond to USACE SAD Comments on Draft LRR: Real Estate Labor Days Cost Task Totals Vice President 0.125 145.00 Director 0.125 123.00 Project Professional 0.250 184.00 Senior Editor 0.125 89.00 .. EXHIBIT B P2006-120: ADDITIONAL (AUGUST 2006) SERVICES TO SUBMIT FT. PIERCE SPP LRJ; Total Man-Days Labor Cost 0.625 541.00 Total Task 7 $ 541.00 TASK 8: Revise and Update Economics Appendix of LRR Labor Days Vice President 1.500 Director 0.250 Project Professional 11.000 Staff Technical Support 0.375 Administrative Support 0.875 Cost Task Totals 1,740.00 246.00 8,096.00 153.00 364.00 Total Man-Days Labor Cost 14.000 10,599.00 Total Task 8 $ 10,599.00 TASK 9: Incorporate Changed Economics into Main Report of Revised LRR Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.250 450.00 Vice President 0.500 580.00 Director 0.125 123.00 Project Professional 4.000 2,944.00 Senior Editor 0.625 445.00 Staff Technical Support 0.250 102.00 Administrative Support 0.250 104.00 Total Man-Days Labor Cost 6.000 4,748.00 Total Task 9 $ 4,748.00 Project Total $ 39,226.00 ..~ i: , E--' ~ eel - 1 , . ~ (I) c .. ::¡:'" III 0 ~ 1ií III J! as ~ (1)- t- .g , 'iã 'iã (I) .5 ª~l E E ~ (I) ~ as S ~ wi I . 0 ~ t- as ii5 E ~ E (I) ~ ~ >< , c en I 0 as ti W 1ií E (I) I J! E "ë' , ~ ~ en 11. r "b-'~-1 Ie ''2 ¡Q co or- ,N .t: Õ5 .~ :~ III 01:: :N N °2 u. ..... ..... ü: I ~ 01:: r= :u. -j~ CD CD 52 52 I~ "- N ..... '~ III t:: ¡::: ¡::: N III as e! èñ !§ I:: ...... ~ - C> i::¡: 0 III Q. e ::¡: ~ -1 en 11. , , - , °E 1£3 iij .rJ ~ IE en 'E .s 18 III I~ ~ "~ ,en æ (I) (I) l.s æ ~~ E æ æ as I§ ..J ..J ~Õ) Z (I) .- ~ I~ III "E ~ð III "5 .rJ :g..... as ,(I) ~ ~ t- æ en <~ ijr= (1)0< º IN M 'õ'S I ..as 11.0 I .. ~ Cou NTY ,-8 ~ AGENDA REQUEST ITEM NO. C-2B Date: January 9, 2007 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION ~~ Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Cooperation Agreement with the U.S. Army Corps of Engineers for federal emergency funding (100%) to restore Ft. Pierce beach to pre-storm conditions. BACKGROUND: Fort Pierce Beach was last nourished in the spring of 2005 as a result of the impacts from Hurricanes Frances and Jeanne and has performed exceptionally well in minimizing storm damage to upland property and public infrastructure. Due to the storm impacts associated with the 2005 hurricane season, federal emergency funding was appropriated to assist in restoration of federally authorized shore protection protects. One specific type of funding will supplement the restoration of the beaches to pre-storm conditions (Rehabilitation Assistance) at 100% federal costs while the other type of funding will restore the remaining shoreline to the original design template at the established cost sharing rate (53% non-federal and 47% federal). Fort Pierce beach is scheduled for restoration in the spring of 2007. This specific request is to seek Board approval of the attached draft cooperation agreement for 100% federal funding with the U.S. Army Corps of Engineers; contingent on review and approval of the final agreement by the County Attorney. FUNDS: N/A PREVIOUS ACTION: February 22, 2006: County requested Rehabilitation Assistance (see attached letters). RECOMMENDATION: Staff recommends Erosion District Board approval of the attached cooperation agreement with the U.S. Army Corps of Engineers and execution of said agreement by the Chairperson; contingent on review and approval of the final agreement by the County Attorney. COMMISSION ACTION: [y] APPROVED r-] OTHER: Approved 5-0 [ ] DENIED Dougl nderson County Administrator ~., [x]County Attorney l/ [x]Mgt. & Budge ['10";,,",, Oept. P,bllo WO"'r¥ . [»E","oo D""'" [x]Fiscal Coordinator \'")/?( r\ [x]Finance Department (Grants) BOARD OF COUNTY COMMISSIONERS ¡;,-,.:;,;{,,'¡~(;."-d"';r~~.t::t!;V"''''II' ":1·,:':,'t"-,-";¡'2·r:-';"""-"f.>¡':'-:::;¡;\:':':,<.'!":-:'ft-',,'':1JI';",,_~i;:'.:-;;:n;i!':J.~..p-' ....... ~;if,-~.,~'".,',_-!\,_,',.',". ,.~':.~ T.'L"e)'C' 'I'E":' ......",' 't~''''''Y'' COUNTY'. FLORIDA FRANNIE HUTCHINSON , '.' . .-..........- "..- ""';",',- . .".,. ,-,,--', ~-.'. .......--",'-"'::',.,.,,...-... COMMISSIONER February 22, 2006 Mr. Richard Bonner, P.E. Deputy District Engineer for Project Management U.S. Army Corps of Engineers, Jacksonville District P.O. 4970 Jacksonville, FL 32232-0019 'I '¡';~:'''$. RE: FORT PIERCE SHORE PROTECTION PROJECT FEDERAL REHABILITATION ASSISTANCE - HURRICANE WILMA Dear Mr. Bonner, In response to your letter dated February 22, 2006, please accept this correspondence as a Letter of Intent from 51. Lucie County Erosion District requesting Federal rehabilitation assistance as a result of Hurricane Wilma. St. Lucie County would like to thank you for the timely response of your agency and District office for your commitment to the hurricane recovery needs of the Florida beaches including the Ft. Pierce Beach Shore Protection Project. We look forward to working with your staff during this rehabilitation process. Please contact Mr. Richard Bouchard, St. Lucie County's Erosion District Manager, at (772) 462-1710 for any further information. Sincerely, Frannie Hutchinson, Chair St. Lucie County Erosion District FH:rb cc: St. Luci.e County Erosion District Board Douglas Anderson, County Administrator Dan Mcintyre, County Attorney Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Don West, Public Works Director Richard Bouchard, Erosion District Manager JOSEPH E. SMITH. Districr NO.1. DOUG COWARD. District NO.2· PAULA A. LEWIS. Disrricr No.:J . FRANNIE HUTCHINSON. District NO.4. CHRIS CRAFT. Disrrict NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 · (772) 462-1451 FAX (772) 462-2131 · TDD (772) 462-1428 www.co.st-lucie.fLus ~ I:'~I DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGIEEAS P. O. BOX 4970 JACKSONVILLE, FLOfmA 32232-0019 REPLY TO ATTENTION OF fEB 2 1 2006 Programs and Project Management Division Coastal, Navigation and Antilles Branch Mr. Richard Bouchard Erosion District Manager 2300 Virginia Avenue Ft. Pierce, Florida 34982 r rDl rŒ_@J]_.lW.ILfñì 1 ¡" ".(, i':. t tin\! ;'i, ¡ , ¡; ¡ ~ FER 2 7 '"Jnqc: 'l [ L;~.1 Íi~· Lu'LU . ! I Dear Mr. Bouchard: This letter is to inform you that as a result of Hurricanes Katrina, Ophelia, and Wilma, Federal rehabilitation assistance is available for the Ft. Pierce Beach Shore Protection Project. If you believe that the project sustained damage as a result of these storms, please submit a request for rehabilitation assistance by February 24, 2006. The written request should be submitted to the address below and signed by an officer or designated representative with phone number and point of contact information. Mr. Richard Bonner Deputy District Engineer for Project Management Jacksonville District 701 San Marco Blvd Jacksonville, Florida 32207-8175 If you have any questions, or need additional information please contact the project manager, Mr. Rick McMillen, at 904-232-1231. Sincerely, :~l::}:r~~. P.E~ Deputy District Engineer for Project Management COOPERATION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA and THE ST. LUCIE COUNTY EROSION DISTRICT for REHABILITATION OF A FEDERAL HURRICANE/SHORE PROTECTION PROJECT THIS AGREEMENT, entered into this day of ,20___, by and between THE DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government") represented by the District Engineer, Jacksonville District, U.S. Army Corps of Engineers, and the St. Lucie County Erosion District, (hereinafter referred to as the "Public Sponsor"), represented by the Chairman of the Erosion District. WITNESSETH THAT: WHEREAS, the Government constructed a Hurricane/Shore Protection Project (hereinafter referred to as the HSPP), authorized by Section 301 of the Rivers and Harbors Act of 1965 (Public Law 89-298) and as modified by Section 102 of the Rivers and Harbors Act of 1968 (Public Law 90-483), Section 506(a) of the Water Resources Development Act of 1996 (Public Law 104-303), Section 313(a) of the Water Resources Development Act of 1999 (Public Law 106-53) and governed by the (Project Cooperation Agreement) dated September 3, 1998 and entitled Project Cooperation Agreement Between Department of the Army and the St. Lucie County Erosion District for Extension of Federal Participation in Periodic Nourishment of the Fort Pierce, Florida Shore Protection Project which remains in full effect; WHEREAS, pursuant to 33 U.S.C. 701 n, the Government is authorized to assist in the repair and restoration of any federally authorized hurricane or shore protective structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature; WHEREAS, via written correspondence, the Public Sponsor has requested the Government to repair or restore the HSPP which was damaged by wind, wave, or water action of an other than an ordinary nature, in accordance with 33 U.S.C. 701 n, and established policies of the U.S. Army Corps of Engineers; and, WHEREAS, the Public Sponsor hereby represents that it has the authority and legal capability to furnish the non-Federal cooperation hereinafter set forth and is willing to participate in the HSPP Rehabilitation Effort in accordance with the terms of this Agreement; NOW, THEREFORE, the Government and the Public Sponsor agree as follows: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS For purposes of this agreement: A. The term "Rehabilitation Effort" shall mean providing a single beach fill placement of approximately 163,440 cubic yards of fill, extending from Florida Department of Environmental Protection monument R 34 to R 41, as generally described in a report entitled Project Information Report Rehabilitation Effort for the Fort Pierce, Florida, Hurricane/Shore Protection Project prepared by the District Engineer, U.S. Army Engineer District Jacksonville, dated and approved by the Division Engineer on B. The term "Rehabilitation Effort costs" shall mean all costs incurred by the Public Sponsor and the Government directly related to construction of the Rehabilitation Effort. Such term shall include, but is not necessarily limited to: actual construction costs, including supervision and inspection costs; costs of contract dispute settlements or awards; and the cost of investigations to identify the existence of hazardous substances as identified in Article XIA. The term shall not include any costs for operation and maintenance; any costs that correct deferred or deficient maintenance; any increased costs for betterments or Public Sponsor-pref~rred alternatives; periodic nourishment under the project authorization; or the costs of lands, easements, rights-of-way, borrow, or relocations. C. The term "betterment" shall mean the design and construction of a Rehabilitation Effort feature accomplished on behalf of, or at the request of, the Public Sponsor, in accordance with standards that exceed the standards that the Government would otherwise apply for accomplishing the Rehabilitation Effort. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND PUBLIC SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States and using funds provided by the Public Sponsor, shall expeditiously construct the Rehabilitation Effort, applying those procedures usually followed or applied in Federal projects, pursuant to Federal laws, regulations, and policies. The Public Sponsor shall be afforded the opportunity to review and comment on all solicitations for all contracts, including relevant plans and specifications, prior to the issuance of such solicitations. The Contracting Officer will, in good faith, consider the comments of the Public Sponsor, but award of contracts, modifications or change orders, and performance of all work on the Rehabilitation Effort (whether the work is performed under contract or by Government personnel), shall be exclusively within the control of the Contracting Officer. B. As further specified in Article III, the Public Sponsor shall provide all lands, easements, and rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and perform all relocations determined by the Government to be necessary for construction, operation, and maintenance of the Rehabilitation Effort and the HSPP. C. As further specified in Article IV, the Public Sponsor shall contribute, in cash, in-kind services, or a combination thereof, a contribution toward construction of the Rehabilitation Effort in an amount equal to 0 percent of Rehabilitation Effort costs. D. The Public Sponsor shall not use Federal funds to meet its share of Rehabilitation Effort costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified in writing by the Federal granting agency. E. The Public Sponsor shall hold and save the Government free from all damages arising from the construction, operation, and maintenance of the Rehabilitation Effort, the HSPP, and any related betterments, except for damages due to the fault or negligence of the Government or the Government's contractors. 2 F. The Public Sponsor agrees to continue participate in and comply with the policies and procedures of the U.S. Army Corps of Engineers Rehabilitation and Inspection Program and the Project Cooperation Agreement cited above. G. The Public Sponsor may request the Government to accomplish betterments. The Public Sponsor shall be solely responsible for any increase in costs resulting from the betterments and all such increased costs will be paid in advance by the Public Sponsor in accordance with Article IV. ARTICLE III - LANDS, RELOCATIONS, AND PUBLIC LAW 91-646 A. The Government shall provide the Public Sponsor with a description of the anticipated real estate requirements and relocations for the Rehabilitation Effort. Thereafter, the Public Sponsor shall furnish all lands, easements, and rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and perform any relocations, as may be determined by the Government in that description, or in any subsequent description, to be necessary for the construction, operation, and maintenance of the Project and the Rehabilitation Effort. The necessary lands, easements, and rights-of-way may be provided incrementally for each construction contract. All lands, easements, and rights-of-way determined by the Government to be necessary for work to be performed under a construction contract must be furnished prior to the advertisement of that construction contract. B. The Public Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights of way, required for construction, operation, and maintenance of the Project and the Rehabilitation Effort, including those necessary for relocations, borrow materials, and dredged or excavated material disposal, and shall inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV - METHOD OF PAYMENT A. The Public Sponsor shall provide, during the period of construction, cash payments, in-kind services, or a combination thereof, required to meet the Public Sponsor's obligations under Article II of the Agreement. Rehabilitation Effort costs are currently estimated to be $3,429,000 and the Public Sponsor's share (cash and services in kind) of Rehabilitation Effort costs is currently estimated to be $0. In order to meet the Public Sponsor's cash payment requirements, the Public Sponsor must provide a cash contribution estimated to be $0. The dollar amounts set forth in this paragraph are based upon the Government's best estimates that reflect projections of costs, price level changes, and anticipated inflation. Such cost estimates are subject to adjustments based upon costs actually incurred and are not to be construed as the total financial responsibilities of the Government and the Public Sponsor. B. The required cash contribution shall be provided as follows: At least ten calendar days prior to the award of the first construction contract, the Government shall notify the Public Sponsor of the Public Sponsor's estimated share of the Rehabilitation Effort costs including the Public Sponsor's estimated share of the costs attributable to the Rehabilitation Effort incurred prior to the initiation of construction. Within five calendar days thereafter, 3 the Public Sponsor shall provide the Government the full amount of the required contribution by delivering a check payable to "FAO, USAED Jacksonville" to the Contracting Officer representing the Government. The Government shall draw on the funds provided by the Public Sponsor such sums as the Government deems necessary to cover contractual and in-house fiscal obligations attributable to the Rehabilitation Effort as they are incurred, as well as Rehabilitation Effort costs incurred by the Government. In the event that total Rehabilitation Effort costs are expected to exceed the estimate given at the outset of construction, the Government shall immediately notify the Public Sponsor of the additional contribution the Public Sponsor will be required to make to meet the Public Sponsor's share of the revised estimate. Within ten calendar days thereafter, the Public Sponsor shall provide the Government the full amount of the additional required contribution. C. During the period of construction, the Government will provide periodic financial reports on the status of the total Rehabilitation Effort costs and status of contributions made by the Public Sponsor. Upon completion of the Rehabilitation Effort and resolution of all relevant contract claims and appeals, the Government shall compute the total Rehabilitation Effort costs and tender to the Public Sponsor a final accounting of the Public Sponsor's share of total Rehabilitation Effort costs. 1. In the event the total contribution by the Public Sponsor is less than the Public Sponsor's required share of total Rehabilitation Effort costs, the Public Sponsor shall, no later than 90 calendar days after receipt of written notice, make a cash payment to the Government of whatever sum is required to meet the Public Sponsor's required share of the total project costs. 2. In the event total contribution by the Public Sponsor is more than the Public Sponsor's required share of total Rehabilitation Effort costs, the Government shall, no later than 90 calendar days after the final accounting is complete, subject to the availability of funds, return the excess to the Public Sponsor; however, the Public Sponsor shall not be entitled to any refund for in- kind services. In the event the existing funds are not available to repay the Public Sponsor for excess contributions provided, the Government shall seek such appropriations as are necessary to repay the Public Sponsor for excess contributions provided. ARTICLE V - CREDITING OF IN-KIND SERVICES The Government has approved a credit for In-Kind Services, compatible with the Rehabilitation Effort, in the estimated amount of $0 for implementation of such services by the Public Sponsor. The affording of such credit shall be subject to an onsite inspection by the Government to verify that the work was accomplished in a satisfactory manner and is suitable for inclusion in the Rehabilitation Effort. The actual amount of such credit shall be subject to an audit conducted to determine reasonableness, allocability, and allowability of costs. The Government shall apply the credit amount toward any additional cash contribution required under this Agreement. The Public Sponsor shall not receive credit for any amount in excess of such additional cash contribution, nor shall the Public Sponsor be entitled to any reimbursement for any excess credit amount. ARTICLE VI- OPERATION AND MAINTENANCE A. The Public Sponsor maintains responsibility for operating and maintaining the HSPP at all times. After the Contracting Officer has determined 4 that construction of the Rehabilitation Effort is complete and provided the Public Sponsor with written notice of such determination, the Public Sponsor shall operate and maintain the HSPP, to include those areas restored by the Rehabilitation Effort, at no cost to the Government, in accordance with specific directions prescribed by the Government in Engineer Regulation 500-1-1 and any subsequent amendments thereto and other applicable authorities. B. The Public Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land that the Public Sponsor owns or controls for access to the HSPP for the purposes of inspection, and, if necessary, for the purpose of completing, operating, and maintaining the HSPP. If an inspection shows the Public Sponsor for any reason is failing to fulfill the Public Sponsor's obligations under this Agreement without receiving prior written approval from the Government, the Government will send a written notice to the Public Sponsor. If, after 30 calendar days from receipt of such notice, the Public Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon lands the Public Sponsor owns or controls for access to the Project for the purposes of completing, operating, and maintaining the project, or to deny further assistance under Public Law 84-99. No action by the Government shall operate to relieve the Public Sponsor of responsibility to meet the Public Sponsor obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. ARTICLE VII -FEDERAL AND STATE LAWS In the exercise of the Public Sponsor's rights and obligations hereunder, the Public Sponsor agrees to comply with all applicable Federal and state laws and regulations. ARTICLE VIII- RELATIONSHIP OF PARTIES The Government and the Public Sponsor act in an independent capacity in the performance of their respective functions under this Agreement, and neither party is to be considered the officer, agent, nor employee of the other. ARTICLE IX -OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE X -COVENANT AGAINST CONTINGENT FEES The Public Sponsor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Public Sponsor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability, or, in the Government's discretion, to add to the Agreement or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 5 ARTICLE XI- TERMINATION OR SUSPENSION If at any time the Public Sponsor fails to carry out its obligations under this Agreement, the District Engineer shall terminate or suspend work on the Rehabilitation Effort, unless the District Engineer determines that continuation of work on the Rehabilitation Effort is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with this Rehabilitation Effort and the HSPP. However, deferral of future performance under this agreement shall not affect existing obligations or relieve the parties of liability for any obligation previously incurred. In the event that either party elects to terminate this Agreement pursuant to this Article, both parties shall conclude their activities relating to the rehabilitation Effort and proceed to a final accounting in accordance with Article IV of this Agreement. In the event that either party elects to defer future performance under this Agreement pursuant to this Article, such deferral shall remain in effect until such time as either the Government or Public Sponsor elects to proceed with further construction or terminates this Agreement. ARTICLE XII -HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the Contracting Officer, the Public Sponsor shall perform, or cause to be performed, such investigations for hazardous substances as are determined necessary by the Government of the Public Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 42 U.S.C. Sections, 9601- 9675, on lands necessary to Rehabilitation Effort construction, operation, and maintenance. All actual costs incurred by the Public Sponsor that are properly allowable and allocable to performance of any such investigations for hazardous substances shall be included in total Rehabilitation Effort costs and cost shared as a construction cost. B. In the event it is discovered through an investigation for hazardous substances or other means that any lands, easements, rights-of-way, or disposal areas to be acquired or provided for the HSPP or the Rehabilitation Effort contain any hazardous substances regulated under CERCLA, the Public Sponsor and the Government shall provide prompt notice to each other, and the Public Sponsor shall not proceed with the acquisition of lands, easements, rights-of- way, or disposal areas until mutually agreed. C. The Government and the Public Sponsor shall determine whether to initiate construction of the Rehabilitation Effort, or, if already in construction, to continue with construction of the Rehabilitation Effort, or to terminate construction of the Rehabilitation Effort for the convenience of the Government in any case where hazardous substances regulated under CERCLA are found to exist on any lands necessary for the Rehabilitation Effort. Should the Government and the Public Sponsor determine to proceed or continue with the construction after considering any liability that may arise under CERCLA, the Public Sponsor shall be responsible, as between the Government and the Public Sponsor, for any and all necessary clean up and response costs, to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of the total Rehabilitation Effort costs as defined in this Agreement. In the event the Public Sponsor fails to provide any funds necessary to pay for clean up and response costs or to otherwise discharge the Public 6 Sponsor's responsibilities under this paragraph upon direction by the Government, the Government may either terminate or suspend work on the Rehabilitation Effort or proceed with further work as provided in Article X of this Agreement. D. The Public Sponsor and Government shall consult with each other to assure that responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any decision made pursuant to paragraph C of this Article shall not relieve any party from any liability that may arise under CERCLA. E. As between the Government and the Public Sponsor, the Public Sponsor shall be considered the operator of the HSPP (which the Rehabilitation Effort is repairing and restoring) for purposes of CERCLA liability. To the maximum extent practicable, the Public Sponsor shall operate and maintain the HSPP in a manner that will not cause liability to arise under CERCLA. ARTICLE XIII -NOTICES A. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage prepaid), registered, or certified mail, as follows: If to the Public Sponsor: Chairman St. Lucie County Erosion District Board 2300 Virginia Avenue Ft. Pierce, Florida 34982 If to the Government: District Engineer Jacksonville District 701 San Marco Blvd. Jacksonville, Florida 32207 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. 7 C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at such time as it is either personally delivered, or, seven calendar days after it is mailed, as the case may be. IN WITNESS HEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. THE DEPARTMENT OF THE ARMY THE [NAME OF PUBLIC SPONSOR) BY: Charles Grande Chairman St. Lucie County Erosion District BY: Colonel Paul L. Grosskruger District Engineer Jacksonville District DATE: DATE: 8 \ \ ~ COUNTY ....... FLORIDA ~ AGENDA REQUEST ITEM NO. C-2C DATE: January 9, 2007 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 ~~1. Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Authorization to extend the contract with Marlowe & Company for the upcoming year (2007) to continue coordinating beach lobbying efforts in Washington, D.C. and with the U.S. Army Corps of Engineers. BACKGROUND: Since acquiring the services of Marlowe & Company in June, 1995, they have effectively communicated and gained support for our project(s) with our Legislative delegation in Washington, D.C. In addition to their work with Congress, they also spend a substantial amount of time working with the U.S. Army Corps of Engineers (USACOE) at various levels. They have assisted in securing critical appropriations and authorizations to construct and renourish the 1.3-mile project and for the USACOE to commence with the feasibility phase of the southern shoreline in St. Lucie County. Just this past year they successfully assisted our Legislative delegation in obtaining funds for the Fort Pierce beach project and the South St. Lucie County feasibility phase. Additionally, they worked closely with our delegation to include language into the WRDA for the Fort Pierce beach project. With the need for future appropriations and authorizations in the upcoming legislation, St. Lucie County needs to be kept well informed on the policies in Washington, D.C. and have the opportunity to position us for federal dollars. This continues to be a very critical time for our projects in Washington D.C. Marlowe & Company has been most successful in their efforts on the County's behalf. Therefore, we request the Board's consideration in extending the services of Marlowe & Company from January 1, 2007 through December 31, 2007. Funds were previously authorized within the FY-2006/07 budget. There is no proposed increase in the monthly fee rate ($3,000 per month) from last year. FUNDS: Funds will be made available in 184-3710-531000-300 (Erosion District Oceratina Fund/Conservation) PREVIOUS ACTION: July, 1995 to December, 2006: Board approved contract extensions with Marlowe & Company. RECOMMENDATION: Staff recommends the Erosion District Board approval to waive the bid process and authorize staff to extend the contract with Marlowe & Company for the period beginning January 1, 2007 and ending December 31, 2007 for a flat monthly fee rate of $3,000 ($36,000 total), which includes professional services and out-of-pocket expenses; with execution of said contract by the Chairperson. COMMISSION ACTION: [)d APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do I Anderson County Administrator [x]County Attorney ~ [x]Mgt. & Budge [x]FiscalCoordinator ßA: \î [ ]Finance Department (Grants) [x]Originating Dept. Public Works \J\. .. MARLOWE & COMPANY Government Affairs Consultants Washington, DC January 2, 2007 Mr. Richard Bouchard Department of Public Works St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Richard: Thank you for requesting the following proposal for an extension of the contract between St. Lucie County and Marlowe & Company. We have enjoyed working with you and the County over the past several years, and we hope to continue that relationship. As you know, Congress recently made a decision regarding the FY 2007 appropriations bills that will unfortunately hann the Fort Pierce project while helping the south County feasibility study. To be more specific, the Fort Pierce Beach restoration project, which had $1,500,000 in the Senate version of the FY 2007 Energy and Water appropnations bill, will likely receive the FY 2006 funding level of$150,000. However, after consultation with you and the Jacksonville District of the Corps, we do not expect this development to affect the planned spring nourishment of the Fort Pierce project just south ofthe inlet. In better news, the County's feasibility study of the southern portion of the County will receive funding in FY 2007 because of Congress' actions. The study did receive funding in FY 2006, but was not set to receive funding in FY 2007, so the plan Congress has set in place will help this project significantly by allowing it to proceed simultaneously with the local project the County is working on with the State DEP. During 2007, we will continue to work with the County to advance your beach nourishment projects in Congress and with the Corps. As importantly, we will work to get language inserted in the proposed Water Resources Development Act of2007 (WRDA) to make sure the County will be eligible for reimbursement for costs related to the County taking over the completion of your GRR from the Jacksonville District of the Corps due to their inaction on the Report. We will also work to reauthorize the Ft. Pierce project for another fifty years and include t-groins in the proposed project. 1667 K Street, NW . Suite 480 . Washington, DC 20006 . (202) 775-1796 . Fax (202) 775-0214 e-mail: marlowe@marloweco.com . www.marloweco.com ; Once again, thank you very much for the opportunity to represent the County. We have been proud to represent you and hope to continue our relationship. Sincerely, Greg Burns Vice President MARLOWE & COMPANY Government Affairs Consultants Washington, DC Proposal to Provide Federal Lobbying Services on behalf of St. Lucie County, Florida 1667 K Street, NW . Suite 480 . Washington, DC 20006 . (202) 775-1796 . Fax (202) 775-0214 e-mail: marlowe@marloweco.com . www.marloweco.com 1) Objective Marlowe & Company proposes to provide St. Lucie County, Florida with complete and comprehensive federal government affairs representation, including - but not limited to - direct lobbying services, strategic planning, a constant flow of information and analysis of federal events, briefings, and other assistance for the effective achievement of goals set by St. Lucie County in coordination with Marlowe & Company. 2) Related Previous Experience Marlowe & Company has a wealth of experience serving municipal, local, and regional government entities, primarily in the areas of water resources, economic development, surface transportation, environmental preservation, and aviation. We currently have over 40 government entities as clients and consider it a niche in which we are especially proficient and proud to represent. Our firm has been highly successful in helping our clients achieve their goals. Over the years, we have developed a solid reputation of trust on Capitol Hill. We also have experience working with a large segment of the Executive Branch, including the White House, the Corps of Engineers, the Environmental Protection Agency, the Federal Highway Administration, the Federal Aviation Administration, and the Fish and Wildlife Service. We engage federal agencies at all levels, from the Department head to the regional and local levels. Our strong relationships with these agencies helps us facilitate the execution of federal projects for our clients, as well as keeping us "in the know" on special grant opportunities and other sources of funding. The measure of our success will not only be in funds secured, but also in savings of time and cost. Weare able to coordinate the various aspects of a project, from Congressional action to local implementation. Marlowe & Company's unique understanding of the Army Corps' Civil Works Program and the Congressional appropriations and authorization process makes us an excellent choice for St. Lucie County. Above all, our unparalleled ability to maintain close personal contact with our clients is a major hallmark of our firm. 3) Company Profile Of all the high stakes challenges facing our country, developing and maintaining funding sources for your priorities may be the most difficult. You want solutions now, not years down the road. Yet the costs involved are typically far beyond the ability of one single entity to shoulder alone. At Marlowe & Company, a government relations firm based in Washington, D.C., we have been helping officials and groups from across the country succeed at meeting their challenges since 1984. We apply a combination of a broad understanding about government processes, an ability to build and mobilize powerful coalitions, and effective advocacy efforts before elected officials and their staffs, regulators, and others. Weare proud of the results we deliver to our clients, including passage of vital legislation, securing appropriations of federal funds for local projects, overcoming obstacles with federal agencies, and a host of other outcomes. With a success rate of over 90%, we are more than a strategic extension of our clients in Washington - we are their go-to resource for key issues affecting their community, their members, or their organization. Service: At the heart of our philosophy is our dedication to providing you with the attention and service you deserve. We know how important these issues are to you, so we keep you up-to-date on all the latest developments. In Washington, situations are often volatile and can change overnight. To help you take advantage of the process, we make sure you know exactly what is going on - without bogging you down with minor details. And with our tight-knit team approach, you can be sure a staff member who is knowledgeable about your issues will be available when you need us. Knowledge: Developing federal support for your issues can be a confusing and frustrating task, unless you know how the system works - and the key individuals involved. Each staff member of Marlowe & Company working on your project brings to bear years of personal experience on Capitol Hill. In addition, we have strong professional relationships with staff at the White House and a long list of federal agencies. Results: From secunng hundreds of millions of dollars in federal appropriations, to getting legislation passed that overturned a U.S. Supreme Court decision, to taking a lead role in negotiating a major authorization bill, we do what it takes to help you achieve your goals. We have earned the respect and trust of members of Congress and their staffs as a reliable resource for helping them understand their constituents' issues. The bottom line? We do not stop until your needs are completely addressed, whether in the fonn of funding, legislation, or other remedies. Marlowe & Company is located in the heart of Washington, D.C., moments away from Capitol Hill, the Executive Branch, and various federal agencies. Our finn is non- partisan, and works with all those who share common values with our clients. Our office is located at: 1667 K Street NW Suite 480 Washington, DC 20006 Telephone: 202-775-1796 Facsimile: 202-775-0214 Marlowe & Company's sole commitment is to serving public entities. We know how important it is for government officials to show taxpayers that their investment in federal legislative consulting services has paid off. Therefore, we operate with a level of transparency that enables our clients to know what we are doing on their behalf while being effective partners in our work. We also know the many pressures faced by government staff and are used to taking work off their hands, not adding more work to their burdened days. We are a small filID with a 20-year record of accomplishment and credibility. Our size enables us to treat each of our clients as the most important client we serve. It also gives us the ability to cover a breadth of issues including water, transportation, environment, and development issues with a level of personalized service that is unmatched by other filIDs. 4) Scope of Work A) What Marlowe & Company Will Accomplish for St. Lucie County On behalf of St. Lucie County, Marlowe & Company will work with Congress to make sure the Ft. Pierce and St. Lucie County Corps projects are fully funded every year. We will also work with the Army Corps and other federal agencies to ensure that the projects proceed through the various Corps phases in a timely fashion. To be more specific regarding some of our yearly tasks, we have provided the following guideline of congressional appropriations-related activities we would perf o lID on your behalf during a typical congressional cycle. However, what we actually do for St. Lucie County will be much more involved and in-depth. Also, remember that our work with Congress is really only half of what we do when working on Corps projects. We spend an equal amount of time working with closely with the Corps, from Headquarters down to District staff. Additionally, we will have to work with a broad range of federal agencies to properly implement your project. 1. January: Prepare supplemental materials to be used throughout the year to support our lobbying efforts. Also, meet with the staff of your congressional delegation to update them on the status of your project(s) and give them a heads- up as to what requests we expect will be made of them during the year. 2. February: Draft appropriations request letters and fill out appropriations request forms to be sent to your congressional delegation. 3. February and March: One or more elected officials or other local representative should come to Washington, D.C. for appointments we will set up with the congressional delegation and others. We will brief those who travel to Washington on what points need to be made as well as prepare written materials to be used during the visits. 4. April and May: The House and Senate Energy and Water Development Appropriations subcommittees are likely to mark-up and pass their respective versions of the appropriations bill that would contain funding for your project(s). We will work with the subcommittees and your congressional delegation to make sure all questions are answered related to your project(s) and that there are no loose ends. At the same time, we will make sure the subcommittee staff understands the importance of your project(s). 5. June: The House of Representatives is likely to act on passage of its version of the Energy and Water Development Appropriations Act. The funds you are seeking hopefully will be in this bill. 6. July: The Senate is likely to act on passage of its version of the Energy and Water Development Appropriations Act. Based on a variety of historical factors, it is less likely that the funds you are seeking will be in this bill. However, we will be doing our best to beat the odds. 7. August and September: During all of August and some of September, Congress is out of session and only staff is left in Washington. This is actually some of the best time to affect change in Washington and real progress can be made on funding issues when working directly with committee and subcommittee staff, often alone or with the help of your congressional delegation. 8. October to the end of the year: The differences between the House and Senate Energy and Water Development Appropriations Acts will be resolved and a final bill should be passed by Congress and signed into law by the President. We will work the "conference committee" process to make sure that the funds you need are included in this final act. 9. November: We review with St. Lucie County what has occurred during the past several months and get your evaluation of our performance. We also prepare thank you letters and other follow-up materials for you to send to your congressional delegation. 10. December: We begin to prepare for the appropriations process again. B) Technical Approach 1) Federal Program Development Marlowe & Company is well known for our attention to detail in helping our clients create winning strategies in Washington. Our experienced staff will help you design and implement an effective public advocacy plan to achieve your government relations objectives in Washington. We utilize our staffs extensive knowledge of the legislative appropriations and authorizations process to ensure that the strategy is not only viable, but one in which results can be anticipated. Our consultation will begin immediately after the contract is awarded. 2) Advice and Advocacy on Behalf of St. Lucie County Once a proper strategy is detennined, we will work with St. Lucie County to develop an effective message that can be communicated to key policy makers both in Washington and in Florida. Marlowe & Company believes representation starts with having a broad understanding of an issue. Our staff understands the importance of prompt action and how essential it is for proper representation. We are constantly working to ensure our client's needs receive appropriate attention in Washington. Our trusted reputation among Congressional offices has developed out of years of providing quality assistance and infonnation to lawmakers. Marlowe & Company's network of Washington contacts, coupled with our knowledge of the policy process is the key to delivering our clients' messages to those who count. From key members of Congress to top officials in the White House and Executive Branch, our seasoned staff will open the doors you need to achieve success. 3) Federal Information Services Our staffs knowledge of the legislative process, exceptional contacts, and our effective use of computer and telecommunications technology enables us to keep our clients on top of Washington developments such as regulations, reports, rules, new legislation, and late-breaking amendments on the House or Senate floor. This allows us to draft efficient legislative language and to put that legislation in the hands of the proper members of Congress, as well as to understand how to correspond effectively with Members on such issues. We will provide St. Lucie County with up-to-the-minute tracking of legislation of note, and ensure that you receive periodic analytical updates on movement of any noted bills. We will also provide St. Lucie County with support in drafting appropriate correspondence and pro actively identify new funding opportunities for the community. 4) Activity Reports Marlowe & Company will provide St. Lucie County with a variety of infonnational sources to keep you knowledgeable on the issues that matter to you at all times as well as our work on your behalf. To relay infonnation regarding our day-to-day activities, we will maintain continual telephone contact with a point of contact you select. We will also send out weekly briefings on news items of note to St. Lucie County, as well as comprehensive analyses every month which will outline our activities that month on your behalf. These briefings will allow St. Lucie County to be in constant contact with Marlowe & Company, as well as keep apprised of happenings in Washington. We can also arrange for face-to-face meetings or other oral reports at your request for reasons of updating you on the status of issues of concern to you while working out a common strategy in approaching these issues. 5) Proposed Contractual Terms We propose an extension of the contract between St. Lucie County, Florida and Marlowe & Company for a period to extend from January 1,2007 through December 31, 2008. We propose a monthly retainer agreement of $3,000 per month, inclusive of out- of-pocket expenses. Any out-of-town expenses related to travel required by the County are not included in this fee but will require the prior approval of the County. As in the past, this contract may be tenninated without cause by either party by giving 30 days written notice. We look forward to extending our relationship with the County. Sincerely, Greg Burns Vice President ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON APPROVED AS TO FORM & CORRECTNESS BY: COUNTY ATTORNEY ATTEST: DEPUTY CLERK