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Home My WebLink AboutAgenda Packet 01-23-07 - , 'anaarp :0, 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 PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and as~s anyone wishing to spea~ to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will as~ for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, spea~ing clearly into the microphone. If you have bacl:?up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional wor~shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl:?shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lacle.ll.as Chris Craft, Chairman 'oseph E. Smith, Vice Chairman Doag Coward Paala A. Lewis Charles Grande District No. I District No. I District No.2 District No. J District No.4 'anaarp 21, 2007 ..00 A.M. Invocation Pledge of Allegiance I. J MINUTES ~ f f~rÒ Minutes from January 16, 2007 meeting to be provided at the February 6, 2007 meeting. 2e PROCLAMATIONS/PRESENTATIONS A. Presentation of the A-1-A Treasure Coast Service Award by Gregory Bur~e and Ron Johnson. \(\A\\~J... f1J!'^ o ~~ ~/o Resolution No. 07-023 - Proclaiming February 3, 2007, as "STEP UP FLORIDA DAY" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-23 as drafted. J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ~ ~;:¡ 11\ :ì(1JÍc,ð _ 1JJd.. C6t ¿C-l3 (J _ . /-\, (). en-. ~ f' ~\ ~>O PUBLIC HEARINGS SA. There are no public hearings scheduled for January 23, 2007. END OF PUBLIC HEARINGS Regalar Agenda 'anaarp 21, 2007 Page Iwo 6. e-J ~~~~\ 7. e~ ~~\(~ ) I) ADMINISTRATION Prioritizing the below seven federal appropriation requests. Federal Appropriation Requests: 1. $1,900,000 from the FY 2008 Economic Development Initiative Account of the Transportation and Housing Appropriations Act for development of the Treasure Coast Education, Research and Development Par~. 2. $500,000 from the General Investigations Corps of the Engineers Account of the Energy and Water Development Appropriations Bill for FY 2008 to continue the beach re-nourishment feasibility study of the southemmost four miles of shoreline which abut Martin County, as well as a small amount of shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida Department of Environmental Protection. 3. $6,000,000 from the Formula and Bus Grants account of the FY 2008 Transportation and Housing Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be par~ed and maintained. An 8-acre site located on Selvitz Road, that is owned by the County, is being considered for the location of the intermodal facility. 4. $3,174,000 in FY2008 Federal Airport Improvement Program discretionary funds for the construction phase of a new parallel runway at the St. Lucie County Intemational Airport. 5. $4,500,000 in FV2008 Construction General Account of the Energy and Water Development Appropriations bill for the Fort Pierce beach project. $1 million of the requested funds will be combined with funds provided in the FV 2006 supplemental appropriations bills to re-nourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce Inlet, a federal channel. This construction is expected to ta~e place in 2008 and will allow for less frequent re- nourishments of the Fort Pierce beach. 6. $49,150,000 in the FY 2008 Financial Services and General Government Appropriations Act (General Services Administration, Real Property Activities, Construction and Acquisition> for the construction of the federal courthouse in Fort Pierce, Florida. Roughly $42.5 million of this funding will be used for the courthouse construction, $1.2 million will be used for final design wor~, $1.8 million will be used for final site wor~, and $3.9 million will be for GSA project management. 7. St. Lucie County supports full funding for the Everglades Restoration Program in 2008. Furthermore, the County supports the passing of the Water Resources Development Act in 2008. Staff recommends that the Board, as requested by the federal legislative delegation, prioritize the above seven projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. ADMINISTRATION St. Lucie County Pandemic Emergency Response Manual - Consider staff recommendation to approve the St. Lucie County Pandemic Emergency Response Manual. 8. J ADMINISTRATION fI \)XøJ/ P Joint Utility Tas~ Force Update - Staff and Commissioner Craft will present an update to the Board on the 11 \ ") Joint Utility T as~ Force. 9. GROWTH MANAGEMENT \\ ~~\I\ Petition of Greenwood Development Corporation of Florida for Major Site Plan approval of the project to be ~J,\ ~nown as The Meridian of North Hutchinson Island for property located on the northeast corner of the '-1\~ . intersection of North A-1-A and Shorewinds Drive - Draft Resolution No. 07-012 - Consider staff ~ tA ' \\ recommendation to approve Draft Resolution No. 07-012. Reg alar Agenda 'anaarp 21, 2007 Page Three I~.~ \~X~\ ~¡Ù COMMUNITY SERVICES Florida Association of Counties (FAC) questionnaire on Portability of Save Our Homes Benefit - Complete the attached questionnaire and forward the consensus of the ten various proposals to Florida Association of Counties and to Ron Boo~ and Associates. -.IT ~ CONSENT AGENDA -.l1li1 ill I. WARRANIS Approve warrant list No. 16 2e COUNTY ATTORNEY A. Contract for Sale and Purchase - Paradise Par~ Stormwater Improvement - Ronald Par~ Stormwater Improvement - Ronald W. Hughart and Judy D. Hughart Tax ID 1443-801-0143-000/-6 - Consider staff recommendation to approve the Contract for Sale and Purchase from Ronald and Judy Hughart for the purchase price of $30,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. B. 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. C. Authorized Dealers/Contacts List for St. Lucie County Investments - Consider staff recommendation to approve the attached Authorized Dealers/Contacts List. J. PARKS AND RECREATION A. The Daniel M. Foundation, Inc. waiver of fees request/Ft. Pierce Community Center - Consider staff recommendation to approve the Daniel M. Foundation's request for a waiver of fees in the amount of $860.00 for use of the Fort Pierce Community Center to hold its 3rd Annual Kidz A' Fair Children's Art Festival on May 5, 2007 from 10:30 a.m. until 4:00 p.m. B. South Causeway Island Improvement Project/Approve Glatting Jac~son Wor~ Authorization For Preparation Of A Conceptual Master Plan and Construction Documents - Consider staff recommendation to approve Glatting & Jac~son Wor~ Authorization in the amount of $587,387 for the purpose of preparing Construction Documents. C. Approval of State Inmate Wor~ Program Contract Renewal - Consider staff recommendation to approve renewal of the State Inmate Wor~ Program in the amount of $55,m to pay for labor costs that covers the (5) inmates and (1) correctional wor~ squad officer, approve the contract between the State & the County as approved by the County Attorney, and authorize the Chairman to sign the contract. D. Revised EQ07-2921Sudget Amendment 07-027 - Consider staff recommendation to approve revised Equipment Request 07-292 to add a price changing feature to a vending machine and Budget Amendment No. 07-027, adding $50.00 to the total price. E. Permission to Apply for Summer Program Grants - Consider staff recommendation to approve to submit five grant applications to the Children's Services Council and the acceptance of the grants if awarded. 4. CULTURAL AFFAIRS A. Approve the reclassification of one Museum Attendant position from temporary part time to permanent part time - Consider staff recommendation to authorize the reclassification of the one Museum Attendant position from temporary part time to permanent part time. B. Authorize the Chair to sign the grant agreement prepared by the County Attorney's office with the Fort Pierce Jazz and Blues Society for their Legends Concert Series featuring David Sanborn - Consider staff recommendation to authorize the Chair to sign the grant agreement prepared by the County Attorney's office with the Fort Pierce Jazz and Slues Society for their Legends Concert Series featuring David Sanborn. Consent Agenda 'anaarp :0, 2007 Page 1'wo CULTURAL AFFAIRS CONTINUED C. Authorize the Chair to sign the contract prepared by the County Attorney' s office with Archaeological and Historical Conservancy Inc. to assist in the acquisition and cataloging of the Nieman collection of archaeological materials - Consider staff recommendation to Authorize the Chair to sign the contract prepared by the County's Attorney office with Archaeological and Historical Conservancy Inc. to assist in the acquisition and cataloging of the Nieman collection of archaeological materials. D. Authorize the Chair to sign a grant from the Historical Museum fund to the Cultural Affairs Council to be utilized for contracting spea~ers and others for the Florida Frontier Festival that will be held on February 24, 2007 - Consider staff recommendation to Authorize the Chair to sign a grant from the Historical Museum fund to the Cultural Affairs Council to be utilized for contracting spea~ers and others for the Florida Frontier Festival that will be held on February 24, 2007. E. Authorize staff and the BOCC to see~ National status for the SEAL Museum - Consider staff recommendation to authorize staff and the BOCC to see~ National status for the SEAL Museum. s. AIRPORT Request for approval of PBS&J Wor~ Authorization for an environmental and topographic survey for FP&L Transmission Line Relocation for the Runway 9U27R and Parallel Taxiway project in the lump sum amount of $33,760. - Consider staff recommendation to approve the PBS&J Wor~ Authorization for an environmental and topographic survey for FP&L Transmission Line Relocation for the Runway 9L/27R and Parallel Taxiway project in the lump sum amount of $33,760, and authorize the Chair or designee to execute the same. 6. PUBLIC WORKS A. Request Board approval of Wor~ Authorization No.2 with Kimley-Horn and Associates, Inc. for design of Oxbow Eco-Center Par~ing Lot Expansion - Consider staff recommendation to approve Wor~ Authorization No.2 in the amount of $69,525.00 with Kimley-Horn & Associates, Inc. for the design for the Oxbow Eco-Center Par~ing lot expansion, and authorize signature by the Chairman. B. Request Board approval of Wor~ Authorization No. 1 with Kimley-Horn and Associates, Inc. for design of Left-Turn lane to Oxbow Eco-Center. - Consider staff recommendation to approve Wor~ Authorization No. 1 in the amount of $15,565.00 with Kimley-Horn & Associates, Inc. for the design of a left turn lane for the Oxbow Eco-Center, and authorize signature by the Chairman. C. Engineering Division - Change Order No.5 to the contract with Dic~erson Florida, Inc., - SR 615 S. 25th \ Roadway Widening (Midway Road-Edwards Road), for additional services and to modify project .?}p' ,t ()\ quantities in the construction plans. This will not change the overall dollar amount, but will require an V additional 39 days - Consider staff recommendation to approve Change Order No.5 to the contract \J.; with Dic~erson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for additional services, to modify project quantities in the construction plans, and an additional 39 days. Staff also requests authorization for the Chairman to sign. D. Engineering Division - Third Amendment to Wor~ Authorization No. 3 for Professional Construction Inspection Services with LBFH, Inc., for a time extension through March 15, 2007. This is to aid in the closeout of the Gordy Road Recreation Area. No additional funding is required - Consider staff recommendation to approve the Third Amendment to Wor~ Authorization No. 3 for Professional Construction Inspection Services with LBFH, Inc., for a time extension in which all wor~ shall be completed by March 15, 2007, for the Gordy Road Recreation Area, and authorize the Chairman to sign. Con.ent Agenda 'anaarp 21, 2007 Page Three PUBLIC WORKS CONTINUED E. Engineering Division - SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) - Fifth Amendment to Wor~ Authorization No. 16 with Dun~elberger Engineering & Testing, Inc. to provide additional soil testing services and equipment rental in the amount of $55,000. - Consider staff recommendation to approve the Fifth Amendment to Wor~ Authorization No. 16 with Dun~elberger Engineering & Testing, Inc., to provide additional soil testing services and equipment rental in the amount of $55,000 for the S. 25th Street Roadway Widening Project (Midway Road-Edwards Road), and authorization for the Chairman to sign. 7. INVESTMENT FOR THE FUTURE Award Bid No. 07-010 - Waterproofing of Various St. Lucie County Buildings to the low bidder - Atlantic Painting & Sandblasting - Approve the use of Central Services Project Reserve funds in the amount of $50,250.00 - Consider staff recommendation to award Bid No. 07-010 to the low bidder Atlantic Painting & Sandblasting for Waterproofing of Various St. Lucie County Buildings. Staff further recommends the Board approve the use of Central Services Project Reserve Funds in the amount of $50,250.00 and authorize the Chair to sign the contracts as prepared by the County Attorney. 8. CENTRAL SERVICES Conceptual approval of Change Order No.8 to Contract #C05-12-636 with David Broo~s Enterprises for the construction of the New Cler~ of Courts Building to include Phase I construction of the Old Courthouse. This project is of high priority, as it will provide immediate relief to the current space needs with additional courtroom space and will be connected to the New Cler~ of Courts Building. Estimated cost to complete Phase I is $4,312,500.00 and approval and implementation of this Change Order (No.8) will: . Save project time by enabling David Broo~s Enterprises, already on site with construction of the New Cler~ of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Courthouse, to move forward with Phase I construction of the Old Courthouse. Savings in project costs by utilizing the Direct Purchase option already in place with David Broo~s Enterprises for the construction of the New CierI:? of Courts Building. - Consider staff recommendation to conceptually approve Change Order No.8 to #C05-12-636, David Broo~s Enterprises, to include Phase I construction of the Old Courthouse. Upon submittal of actual costs for Phase I construction by David Broo~s Enterprises, staff will present this again to the Board for final approval. 9. GRANTS A. Staff recommends the Board approve Budget Resolution No. 07-029 for the acceptance of a $10,000 contribution from Cargill to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center. B. Staff recommends approval to submit a funding application to the American Forests' Global ReLeaf Program for $83,750 to assist in a $158,150 total project to plant 24,000 trees, ground cover and saw palmettos in an 80-acre Bahia grass section of the Bluefield Ranch Natural Area. 10. MEDIA RELATIONS Staff requests that the Board Approve Budget Amendment 07-029 and Equipment Request 07-300 in the amount of $7,966 for an Editing Wor~station funded from General Fund Contingency - Consider staff recommendation to Budget Amendment 07-029 to add $7,966 to Machinery and Equipment and approval of Equipment Request 07-300 for an Editing Wor~station from General Fund Contingency. Consent Agenda 'anaarp 21, 2007 Page Four II. MANAGEMENT AND BUDGET Adopt Budget Resolution 07-028 to establish a budget for fiscal year 2007 for the Florida Department of Juvenile Justice Civil Citation Grant in the amount of $50,000. - Consider staff recommendation to adopt Budget Resolution 07-028 to establish a budget for fiscal year 2007 for the Florida Department of Juvenile Justice Civil Citation Grant in the amount of $50,000. 12. UTILITIES Staff requests approval of Change Order No.4 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project for an extension of 154 days to the contract - Consider staff recommendation to approve Change Order No. 4 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project for an extension of 154 days to the contract. SOLID WASTE taff request approval of CDM proposal for professional engineering services to assist St. Lucie County staff with their continuing effort in the procurement/implementation activities for Plasma Arc Gasification technology at the St. Lucie County Baling and Recycling Facility for a lump sum of $250,000. - Consider staff recommendation to approve of CDM proposal for professional engineering services to assist St. Lucie County staff with their continuing effort in the procurement/implementation activities for Plasma Arc Gasification technology at the St. Lucie County Baling and Recycling Facility for a lump sum of $250,000. 14. PURCHASING A. Permission to advertise an Invitation to Bid (ITB) for the Purchase of a Data Voice Communication System for the new Cler~ of the Court Building - Consider staff recommendation to approve to advertise an Invitation to Bid (lTB) for the Purchase of a Data Voice Communication System for the new Cler~ of the Court Building. B. Approval to Piggybac~ the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products, Inc. - Consider staff recommendation to approve to piggybac~ the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products Inc., and authorization for the Chairman to sign the Contract prepared by the County Attorney. II. COMMUNITY SERVICES Approval of the First Amendment to Grant Agreement C05-06-273, with Exchange Club Center for Prevention of Child Abuse of the Treasure Coast, Inc., to increase the grant amount to Six hundred seventy-nine thousand nine hundred eighty-three and 00/100 dollars ($679,983.00» and extend the contract to September 30, 2008 _ Consider staff recommendation to approve the First Amendment and authorize the Chair to sign all necessary documents. 16. ADMINISTRATION Florida Ports Council Public Relations Assessment 2006/2007 - Consider staff recommendation to authorize staff to pay the Public Relations Assessment 2006/2007 to Florida Ports Council in the amount of $5,000. 17. COMMISSIONER GRANDE Ratify Committee Appointment Consider staff recommendation to ratify Commissioner Grande's appointment to various committees. -;w- ANNOUNCEMENTS 'anaarp :0, 2007 1. 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. 2. On January 24, 2007, at 10:00 a.m., Cargill will present a donation to St. Lucie County for creation of the "Living in a Watershed" permanent exhibit at the Oxbow Eco-Center located at 5400 N.E. St. James Drive in Port St. Lucie, Florida. Members of the Board of County Commissioners will be in attendance. 3. The Board of County Commissioners will hold a Strategic Planning Wor~shop 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. 4. 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. 5. The Board of County Commissioners will hold a joint meeting with Indian River County on Monday, February 19, 2007 from 2:00 p.m. to 5:00 p.m. at the Richardson Center, IRCC Mueller campus. 6. 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. 7. The opening day for spring training home games for the New Vor~ Mets at the Tradition Field will be on Wednesday, February 28, 2007 at 1:10 p.m. versus the Detroit Tigers. 8. The Board of County Commissioners and the Treasure Coast Education & Research Development Authority will meeting on Tuesday, March 13, 2007 at 2:00 p.m. at the UF/IFAS IRREC Auditorium. 9. The Board of County Commissioners will hold a Special Budget Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action ta~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) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. I' ....................... Paala A. Lewis, Chairman Doag Coward, Vice Chairman 'oseph E. Smith Charles Grande Chris Craft District No.1 District No.2 District No. I District No.4 District No. I AGENDA 'anaarp :0, 2007 I. JMINUTES j\~~~ Approve the minutes from the meeting held on lanuooy 9,2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANIS LIST Approve warrants List No. 15 and 16. 2. ,_J COUNTY AnORNEY _. /ØJ Property Donation - North Hutchinson Island Group, LLC - Heron Cay - Resolution 07-032 - Consider staff D.~~(O" recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution 07-032 and direct r ~ ¥ staff to record the documents in the Public Records of St. Lucie County, Aorida. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (m) 462-1777 or TDD (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. T '. .,..-..-.... Charles Grande, Chairman Chris Craft, Vice Chairman 'oseph E. Smith Doag Coward Paala A. Lewis District No.4 District No. I District No. I District No.2 District No.1 AGENDA 'anaarp :0, 2007 I. A MINUTES Affiv:e~APprove the minutes from the meeting held on January 9, 2007 2e f GENERAL PUBLIC COMMENT I. CONSENT AGENDA 4. PUBLIC WORKS Project Agreement 06SL4 with FDEP for a $3 million grant to underta~e tas~s associated with the Southern St. Lucie County Beach Restoration Project. - Consider staff recommendation to approve the following contracts under the auspice of an emergency, with review and approval of the final documents by the County Attorney, and signature of said contracts by the Chairman: 1) Project Agreement 06SL4 with FDEP for $3 million in State funds, 2) Wor~ Authorizations #05, #06 and #07 (Contract #04-11-642) with Coastal Technology Corporation, 3) Contract with CKA Associates, with a not-to-exceed amount of $325,000, for dune restoration wor~ and 4) Budget Resolution #07-003 supporting the grant. s. PUBLIC WORKS Accept a $3,100 donation from the Southern Kingfish Association (SKA) for the St. Lucie County Artificial Reef Program. - Consider staff recommendation to approve to accept the Southern Kingfish Association donation, in the amount of $3,100, along with the corresponding Budget Resolution No. 07-002, and execution of said Resolution by the Chairman. CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. 2. ~ PUBLIC WORKS /l\.f t Award of Bid #07-001 for contractors to provide upland sand sources associated with future post-storm ~ O~ emergency beach and dune restoration needs - Consider staff recommendation to approved to award Bid 1 If . #07-001 and enter into contracts as prepared by the County with CKA and Dic~erson Florida, Inc., for viable 'j upland sand sources and contractors to serve future post-storm emergency beach and dune restoration needs, 5/,1-- and signature of said contracts by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded, Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 'anaarp :0, 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 PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and as~s anyone wishing to speal:? to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will as~ for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, spea~ing clearly into the microphone. If you have bacl:?up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional wor~shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl:?shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iacle.fl.as Chris Craft, Chairman 'oseph E. Smith, Vice Chairman Doag Coward Paala A. Lewis Charles Grande District No. I District No. I District No.2 District No.1 District No.4 'anaarp 21, 2007 ..00 A.M. Invocation Pledge of Allegiance 2e e and Ron Johnson. I. MINUTES _ Minutes from January 16, 2007 meeting to be provided at the February 6, 2007 meeting. Resolution No. 07-023 - Proclaiming February 3, 2007, as "STEP UP FLORIDA DAY" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-23 as drafted. /""~'-, I. GENERAL PUBLIC COMMENT ~ CONSENT AGENDA \ ,. PUBLIC HEARINGS SA. There are no public hearings scheduled for January 23, 2007. END OF PUBLIC HEARINGS Regalar Ag nda 'anaarp , 2007 Page 0 ~' ßÎ/ 8. ADMINISTRATION Prioritizing the below seven federal appropriation requests. Federal Appropriation Requests: 1. $1,900,000 from the FY 2008 Economic Development Initiative Account of the Transportation and Housing Appropriations Act for development of the Treasure Coast Education, Research and Development Par~. 2. $500,000 from the General Investigations Corps of the Engineers Account of the Energy and Water Development Appropriations Bill for FY 2008 to continue the beach re-nourishment feasibility study of the southernmost four miles of shoreline which abut Martin County, as well as a small amount õf shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida 'Department of En~ironmental Protection. 3. $6,000,000 from the Formula and Bus Grants account of the FY 2008 Transportation and Housing Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be par~ed and maintained. An &-acre site located on Selvitz Road, that is owned by the County, is being considered for the location of tne iñtetm6äal facility. 4. $3,174,000 in FV2008 Federal Airport Improvement Program discretionary funds for the construction phase of a new parallel runway at the St. Lucie County International Airport. 5. $4,500,000 in FV2008 Construction General Account of the Energy and Water Development Appropriations bill for the Fort Pierce beach project. $1 million of the requested funds will be combined with funds provided in the FV 2006 supplemental appropriations bills to re-nourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce Inlet, a federal channel. This construction is expected to ta~e place in 2008 and will allow for less frequent re- nourishments of the Fort Pierce beach. 6. $49,150,000 in the FY 2008 Financial Services and General Government Appropriations Act (General Services Administration, Real Property Activities, Construction and Acquisition) for the construction of the federal courthouse in Fort Pierce, Florida. Roughly $42.5 million of this funding will be used for the courthouse construction, $1.2 million will be used for final design wor~, $1.8 million will be used for final site wor~, and $3.9 million will be for GSA project management. 7. St. Lucie County supports full funding for the Everglades Restoration Program in 2008. Furthermore, the County supports the passing of the Water Resources Development Act in 2008. Staff recommends that the Board, as requested by the federal legislative delegation, prioritize the above seven projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. ADMINISIRATION St. Lucie County Pandemic Emergency Response Manual - Consider staff recommendation to approve the St. Lucie County Pandemic Emergency Response Manual. ADMINISIRATION Joint Utility T as~ Force Update - Staff and Commissioner Craft will present an update to the Board on the Joint Utility T as~ Force. ROWTH MANAGEMENT Petition of Greenwood Development Corporation of Florida for Major Site Plan approval of the project to be ~nown as The Meridian of North Hutchinson Island for property located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive - Draft Resolution No. 07-012 - Consider staff recommendation to approve Draft Resolution No. 07-012. Regalar Agenda 'anaarp 21, 2007 Page Three 10. COMMUNITY SERVICES Florida Association of Counties (FAC) questionnaire on Portability of Save Our Homes Benefit - Complete the attached questionnaire and forward the consensus of the ten various proposals to Florida Association of Counties and to Ron BOOR and Associates. -~ CONSENT AGENDA ..~.- I. WARRANIS Approve warrant list No. 16 2e COUNTY AnORNEY A. Contract for Sale and Purchase - Paradise Par~ Stormwater Improvement - Ronald Par~ Stormwater Improvement - Ronald W. Hughart and Judy D. Hughart Tax ID 1443-801-0143-000/-6 - Consider staff recommendation to approve the Contract for Sale and Purchase from Ronald and Judy Hughart for the purchase price of $30,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. B. 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. C. Authorized Dealers/Contacts List for St. Lucie County Investments - Consider staff recommendation to approve the attached Authorized Dealers/Contacts List. I. PARKS AND RECREATION A. The Daniel M. Foundation, Inc. waiver of fees request/Ft. Pierce Community Center - Consider staff recommendation to approve the Daniel M. Foundation's request for a waiver of fees in the amount of $860.00 for use of the Fort Pierce Community Center to hold its 3rd Annual Kidz A' Fair Children's Art Festival on May 5, 2007 from 10:30 a.m. until 4:00 p.m. B. South Causeway Island Improvement Project/Approve Glatting Jac~son Wor~ Authorization For Preparation Of A Conceptual Master Plan and Construction Documents - Consider staff recommendation to approve Glatting & Jac~son Wor~ Authorization in the amount of $587,387 for the purpose of preparing Construction Documents. C. Approval of State Inmate Wor~ Program Contract Renewal - Consider staff recommendation to approve renewal of the State Inmate Wor~ Program in the amount of $55,m to pay for labor costs that covers the (5) inmates and (1) correctional wor~ squad officer, approve the contract between the State & the County as approved by the County Attorney, and authorize the Chairman to sign the contract. D. Revised EQ07-2921Budget Amendment 07-027 - Consider staff recommendation to approve revised Equipment Request 07-292 to add a price changing feature to a vending machine and Budget Amendment No. 07-027, adding $50.00 to the total price. E. Permission to Apply for Summer Program Grants - Consider staff recommendation to approve to submit five grant applications to the Children's Services Council and the acceptance of the grants if awarded. 4. CULTURAL AFFAIRS A. Approve the reclassification of one Museum Attendant position from temporary part time to permanent part time - Consider staff recommendation to authorize the reclassification of the one Museum Attendant position from temporary part time to permanent part time. B. Authorize the Chair to sign the grant agreement prepared by the County Attorney's office with the Fort Pierce Jazz and Blues Society for their Legends Concert Series featuring David Sanborn - Consider staff recommendation to authorize the Chair to sign the grant agreement prepared by the County Attorney's office with the Fort Pierce Jazz and Blues Society for their Legends Concert Series featuring David Sanborn. Consent Agenda 'anaarp 21, 2007 Page Iwo CULTURAL AFFAIRS CONTINUED C. Authorize the Chair to sign the contract prepared by the County Attorney' s office with Archaeological and Historical Conservancy Inc. to assist in the acquisition and cataloging of the Nieman collection of archaeological materials - Consider staff recommendation to Authorize the Chair to sign the contract prepared by the County's Attorney office with Archaeological and Historical Conservancy Inc. to assist in the acquisition and cataloging of the Nieman collection of archaeological materials. D. Authorize the Chair to sign a grant from the Historical Museum fund to the Cultural Affairs Council to be utilized for contracting spea~ers and others for the Florida Frontier Festival that will be held on February 24, 2007 - Consider staff recommendation to Authorize the Chair to sign a grant from the Historical Museum fund to the Cultural Affairs Council to be utilized for contracting spea~ers and others for the Florida Frontier Festival that will be held on February 24, 2007. E. Authorize staff and the BOCC to see~ National status for the SEAL Museum - Consider staff recommendation to authorize staff and the BOCC to see~ National status for the SEAL Museum. s. AIRPORT Request for approval of PBS&J Wor~ Authorization for an environmental and topographic survey for FP&L Transmission Line Relocation for the Runway 9L127R and Parallel Taxiway project in the lump sum amount of $33,760. - Consider staff recommendation to approve the PBS&J Wor~ Authorization for an environmental and topographic survey for FP&L Transmission Line Relocation for the Runway 9L127R and Parallel Taxiway project in the lump sum amount of $33,760, and authorize the Chair or designee to execute the same. 6. PUBLIC WORKS A. Request Board approval of Wor~ Authorization No.2 with Kimley-Hom and Associates, Inc. for design of Oxbow Eco-Center Par~ing Lot Expansion - Consider staff recommendation to approve Wor~ Authorization No.2 in the amount of $69,525.00 with Kimley-Horn & Associates, Inc. for the design for the Oxbow Eco-Center Par~ing lot expansion, and authorize signature by the Chairman. B. Request Board approval of Wor~ Authorization No.1 with Kimley-Hom and Associates, Inc. for design of Left-Turn lane to Oxbow Eco-Center. - Consider staff recommendation to approve Wor~ Authorization No.1 in the amount of $15,565.00 with Kimley-Horn & Associates, Inc. for the design of a left turn lane for the Oxbow Eco-Center, and authorize signature by the Chairman. Engineering Division - Change Order No.5 to the contract with Dic~erson Florida, Inc., - SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for additional services and to modify project quantities in the construction plans. This will not change the overall dollar amount, but will require an additional 39 days - Consider staff recommendation to approve Change Order No.5 to the contract with Dic~erson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for additional services, to modify project quantities in the construction plans, and an additional 39 days. Staff also requests authorization for the Chairman to sign. D. Engineering Division - Third Amendment to Wor~ Authorization No. 3 for Professional Construction Inspection Services with LBFH, Inc., for a time extension through March 15, 2007. This is to aid in the closeout of the Gordy Road Recreation Area. No additional funding is required - Consider staff recommendation to approve the Third Amendment to Wor~ Authorization No. 3 for Professional Construction Inspection Services with LBFH, Inc., for a time extension in which all wor~ shall be completed by March 15, 2007, for the Gordy Road Recreation Area, and authorize the Chairman to sign. Consent Agenda 'anaarp 21, 2007 Page Three PUBLIC WORKS CONTINUED E. Engineering Division - SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) - Fifth Amendment to Wor~ Authorization No. 16 with Dun~elberger Engineering & Testing, Inc. to provide additional soil testing services and equipment rental in the amount of $55,000. - Consider staff recommendation to approve the Fifth Amendment to Wor~ Authorization No. 16 with Dun~elberger Engineering & Testing, Inc., to provide additional soil testing services and equipment rental in the amount of $55,000 for the S. 25th Street Roadway Widening Project (Midway Road-Edwards Road), and authorization for the Chairman to sign. 7. INVESTMENT FOR THE FUTURE Award Bid No. 07-010 - Waterproofing of Various St. Lucie County Buildings to the low bidder - Atlantic Painting & Sandblasting - Approve the use of Central Services Project Reserve funds in the amount of $50,250.00 - Consider staff recommendation to award Bid No. 07-010 to the low bidder Atlantic Painting & Sandblasting for Waterproofing of Various St. Lucie County Buildings. Staff further recommends the Board approve the use of Central Services Project Reserve Funds in the amount of $50,250.00 and authorize the Chair to sign the contracts as prepared by the County Attorney. 8. CENTRAL SERVICES Conceptual approval of Change Order No.8 to Contract #C05-12-636 with David Broo~s Enterprises for the construction of the New Cler~ of Courts Building to include Phase I construction of the Old Courthouse. This project is of high priority, as it will provide immediate relief to the current space needs with additional courtroom space and will be connected to the New Cler~ of Courts Building. Estimated cost to complete Phase I is $4,312,500.00 and approval and implementation of this Change Order (No.8) will: . Save project time by enabling David Broo~s Enterprises, already on site with construction of the New Cler~ of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Courthouse, to move forward with Phase I construction of the Old Courthouse. Savings in project costs by utilizing the Direct Purchase option already in place with David Broo~s Enterprises for the construction of the New CierI:? of Courts Building. - Consider staff recommendation to conceptually approve Change Order No.8 to #C05-12-636, David Broo~s Enterprises, to include Phase I construction of the Old Courthouse. Upon submittal of actual costs for Phase I construction by David Broo~s Enterprises, staff will present this again to the Board for final approval. .. GRANTS A. Staff recommends the Board approve Budget Resolution No. 07-029 for the acceptance of a $10,000 contribution from Cargill to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center. B. Staff recommends approval to submit a funding application to the American Forests' Global ReLeaf Program for $83,750 to assist in a $158,150 total project to plant 24,000 trees, ground cover and saw palmettos in an 80-acre Bahia grass section of the Bluefield Ranch Natural Area. 10. MEDIA RELATIONS Staff requests that the Board Approve Budget Amendment 07-029 and Equipment Request 07-300 in the amount of $7,966 for an Editing Wor~station funded from General Fund Contingency - Consider staff recommendation to Budget Amendment 07-029 to add $7,966 to Machinery and Equipment and approval of Equipment Request 07-300 for an Editing Wor~station from General Fund Contingency. Consent Agenda 'anaarp 21, 2007 Page Fou. II. MANAGEMENT AND BUDGET Adopt Budget Resolution 07-028 to establish a budget for fiscal year 2007 for the Florida Department of Juvenile Justice Civil Citation Grant in the amount of $50,000. - Consider staff recommendation to adopt Budget Resolution 07-028 to establish a budget for fiscal year 2007 for the Florida Department of Juvenile Justice Civil Citation Grant in the amount of $50,000. 12. UTILITIES Staff requests approval of Change Order No.4 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project for an extension of 154 days to the contract - Consider staff recommendation to approve Change Order No. 4 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project for an extension of 154 days to the contract. II. SOLID WASTE Staff request approval of CDM proposal for professional engineering services to assist St. Lucie County staff with their continuing effort in the procurement/implementation activities for Plasma Arc Gasification technology at the St. Lucie County Baling and Recycling Facility for a lump sum of $250,000. - Consider staff recommendation to approve of CDM proposal for professional engineering services to assist St. Lucie County staff with their continuing effort in the procurement/implementation activities for Plasma Arc Gasification technology at the St. Lucie County Baling and Recycling Facility for a lump sum of $250,000. 14. PURCHASING A. Permission to advertise an Invitation to Bid (lTB) for the Purchase of a Data Voice Communication System for the new Cler~ of the Court Building - Consider staff recommendation to approve to advertise an Invitation to Bid (lTB) for the Purchase of a Data Voice Communication System for the new Cler~ of the Court Building. B. Approval to Piggybac~ the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products, Inc. - Consider staff recommendation to approve to piggybac~ the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products Inc., and authorization for the Chairman to sign the Contract prepared by the County Attorney. IS. COMMUNITY SERVICES Approval of the First Amendment to Grant Agreement C05-06-273, with Exchange Club Center for Prevention of Child Abuse of the Treasure Coast, Inc., to increase the grant amount to Six hundred seventy-nine thousand nine hundred eighty-three and 00/100 dollars ($679,983.00» and extend the contract to September 30, 2008 _ Consider staff recommendation to approve the First Amendment and authorize the Chair to sign all necessary documents. 16. ADMINISTRATION Florida Ports Council Public Relations Assessment 2006/2007 - Consider staff recommendation to authorize staff to pay the Public Relations Assessment 2006/2007 to Florida Ports Council in the amount of $5,000. 17. COMMISSIONER GRANDE Ratify Committee Appointment - Consider staff recommendation to ratify Commissioner Grande's appointment to various committees. -,~ """" ANNOUNCEMENTS 'anaarp :0, 2007 - ':7" 1. 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. 2. On January 24, 2007, at 10:00 a.m., Cargill will present a donation to St. Lucie County for creation of the "Living in a Watershed" permanent exhibit at the Oxbow Eco-Center located at 5400 N.E. St. James Drive in Port St. Lucie, Florida. Members of the Board of County Commissioners will be in attendance. 3. The Board of County Commissioners will hold a Strategic Planning Wor~shop 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. 4. 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. 5. The Board of County Commissioners will hold a joint meeting with Indian River County on Monday, February 19, 2007 from 2:00 p.m. to 5:00 p.m. at the Richardson Center, IRCC Mueller campus. 6. 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. 7. The opening day for spring training home games for the New Vor~ Mets at the Tradition Field will be on Wednesday, February 28, 2007 at 1:10 p.m. versus the Detroit Tigers. 8. The Board of County Commissioners and the Treasure Coast Education & Research Development Authority will meeting on Tuesday, March 13, 2007 at 2:00 p.m. at the UF/lFAS IRREC Auditorium. 9. The Board of County Commissioners will hold a Special Budget Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action ta~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) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. - r ,-- .~......catMI"'- - Paala A. Lewis, Chairman Doag Coward, Vice Chairman 'oseph E. Smith Charles Grande Chris Craft District No. I District No.2 District No. I District No.4 District No. I AGENDA 'anaarp :0, 2007 I. MINUTES Approve the minutes from the meeting held on January 9, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANIS LIST Approve warrants List No. 15 and 16. 2. COUNTY AnORNEY Property Donation - North Hutchinson Island Group, LLC - Heron Cay - Resolution 07-032 - Consider staff recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution 07-032 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (m) 462-1777 or TDD (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. _ ..,7 .<O~"~ IT .,......... I ~ Charles Grande, Chairman Chris Craft, Vice Chairman 'oseph E. Smith Doag Coward Paala A. Lewis District No.4 District No. I District No. I District No.2 District No. I AGENDA 'anaarp :0, 2007 I. MINUTES Approve the minutes from the meeting held on January 9, 2007 2. GENERAL PUBLIC COMMENT I. CONSENT AGENDA 4. PUBLIC WORKS Project Agreement 06SL4 with FDEP for a $3 million grant to underta~e tas~s associated with the Southern St. Lucie County Beach Restoration Project. - Consider staff recommendation to approve the following contracts under the auspice of an emergency, with review and approval of the final documents by the County Attorney, and signature of said contracts by the Chairman: 1) Project Agreement 06SL4 with FDEP for $3 million in State funds, 2) Wor~ Authorizations #05, #06 and #07 (Contract #04-11-642) with Coastal Technology Corporation, 3) Contract with CKA Associates, with a not-to-exceed amount of $325,000, for dune restoration wor~ and 4) Budget Resolution #07-003 supporting the grant. 5. PUBLIC WORKS Accept a $3,100 donation from the Southern Kingfish Association (SKA) for the St. Lucie County Artificial Reef Program. - Consider staff recommendation to approve to accept the Southern Kingfish Association donation, in the amount of $3,100, along with the corresponding Budget Resolution No. 07-002, and execution of said Resolution by the Chairman. CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. 2. PUBLIC WORKS Award of Bid #07-001 for contractors to provide upland sand sources associated with future post-storm emergency beach and dune restoration needs - Consider staff recommendation to approved to award Bid #07-001 and enter into contracts as prepared by the County with CKA and Dic~erson Florida, Inc., for viable upland sand sources and contractors to serve future post-swrm eme~g cy bee? and dune rest oration needs, and signature of said contracts by the Chairman. L\ ~ ~ f\ \..J\ ....fi~ A" ß '''.-(1)-/\/ 115 -r"y"'- ~'t:"'Cc..- NOTICE: All Proceedings before this Board are electronically recorded. Any ~erson who decides to appeal any action taken by Boafcr~ these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. HOPPING GREEN & S8MS Fax:8504253415 ]an 18 2007 15:12 P.Ol \ Hopping Green & Sams Attom~al1d COUnSQIOf$ Writer's Direct Dial No.: (850) 425-2352 January 18,2007 FAX COVER SHEET PI Dli th FU p ease e ver e 0 OWW2. a2es to: NAME CODE FAX NUMBER PHONE NUMBER Missv Stiadle - St. Lucie Co. 4734 772462-2131 772-462-1156 From: Meg McClellan for Victoria L. Weber Message: Please see the attached letter. A copy will be sent today by overnight delivery ClientIMatter; LENNAR/I10 *4734 Weare transmitting 2 pages (including this cover sheet). If you do not receive all of the pages, please call the FAX DESK at 222-7500 extension 419. THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND C'ONf1DENTlALlNfORMA TlON INTENDED ONt Y PQR THE USE OF TIm INDIVIDUAL OR ENTITY NMlmD ABOVII. D' TIm JœADfìaOf' tJlIS MESSAGE ~ THE INTENDED RECIPIENT, YOU AM HER.EBY NOTIFIED THAT ANY mSSEMlNA110N. DISTRIBUTION, OR COPY OF THIS COMMUNI('.A.TION IS STRICTLY PRDHlBlIED, IF yOU HA Vë RECBIVED THIS COMMUNICATION IN ERROR. PU!ASE ~(>rA'I1!LYNOTml' US BY TELEPHONE AND RE1URN TIIE ORIGINALMESSAG}! TO US AT THE ABOVE AnDRESS VIA THE U.S. POSTAL SERVICE, THANK YOU. &YlC(; led ~~e h «rp\iCW'lb (~~eJ. £.V AOMIN OFFICE _ . --~.--- PO$1 OfficI¡ Box 6526 TaUahassee, Florida 82314 123 South Calhoun S1reet (S2301) 650.222,7500 ß50,2:24,8551Iax www.hgslaw.oom HOPPING GREEN & SAMS Fax:8504253415 ]an 18 2007 15:12 P.02 .. Hopping Green & Sams Attornevs and Counselors January 18,2007 Commissioner Chris Craft, Chainnan St. Lucie County Commission 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: Cloud Grove Special District Legislation Dear Cbaínnan Craft: Regarding your Cloud Grove discussion earlier this week with Aimee Carlson and Caroline Villanueva, we formally request continuing the January 22M public meeting to February 7th on the proposed Cloud Grove district legislation so that we can all receive and prepare to address staff comments. It is my understanding that you do not object to a. continuance. As Aimee and Caroline explained, with one exception, we do not yet have staff" s comments on the draft legislation that we provided to the County on November 17th, Intervening holiday schedules combined with other commitments have precluded the type of advance staff review and comment that we hoped to have in order to make best use of the Board's time, Wíth the addítional time, staff can complete Íts review and provide us with the opportunity to propose solutions to any issues that staff may identify. We understand that the Board will receive staff conunents a week before the continued hearíng date, which ín thís case may be by January 31 SI, We look forward to receiving staff comments. Thank you for your continued assistance in this matter. Sincerely? ~ ~~~Wv-- c: Mr. Doug Anderson Ms. Cynthia Angelos Mr. Daniel McIntyre r'-----'" i rõ) I Œ æ Œ n W Œïi) 'l[1 JAN I 82007l[fu I : t-----·..-'--''___J CG AmJ:!N OFFICE '--- ...- .~~.__..__._--_._-~_...._._~ .........--...,..".......--.--.-------- Post OffitB Böx 6526 Tallahassee, Florida 32314 lU South Calhoun Slr1!é! (32301) 1150,222.1500 850.224,8551 faxilww,hgs!aw,cöm resentation p From: To: Date: Subject: Missy Stiadle Agenda 1/22/20078:53 AM Fwd: Item 2-A presentation Please pull agenda Item 2A. Per request below. Thank you. Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 »> Charline Burgess 1/22/20078:23 AM »> Please pull item 2-A from the agenda tomorrow (1/23/07.) Thanks, Charline Charline Burgess Executive Aide to Commissioner Doug Coward Phone (772)462-1412 Fax (772) 462-2131 e-mail cburQess@co.st-lucie.fI.us From: To: Date: Subject: Missy Stiadle Agenda 1/19/20074:51 PM Pulled Agenda Item cc: Powley, Michael Please pull agenda item C6C. Per Mike Powley, County Engineer. Thank you Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 P cc: Mr. Anderson, Missy ¡/À Ó) I ) a:3 07 From: To: Date: Subject: Charline Burgess Anderson, Douglas 1/9/200711 :13 AM Award Presentation to Comm. Coward The American Institute of Architects (A-I-A) would like to present to Comm. Coward their A-I-A Treasure Coast Service Award for outstanding public official to him at the Jan. 23rd commission meeting for his work on the TVC. Could you please have this placed on the agenda. The presenters will be Gregory Burke and Ron Johnson with the A-I-A Treasure Coast Chapter of the National A-I-A, telephone number 1- 772-781-6662 if you need more information. Thank you, Charline -("iIi! ~/ AGENDA REOUEST ITEM NO. -;;< & DA TE: January 23, 2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): Health Department Helga Snure Health Education Director SUBJECT: Resolution No. 07-023 - Proclaiming February 3, 2007, as "STEP UP FLORIDA DAY" in St. Lucie County, Florida. BACKGROUND: I have requested that this Board proclaim February 3, 2007, as "Step Up Florida Day" in St. Lucie County, Florida. The attached Draft Resolution No. 07-023 has been drafted for that purpose. FUNDS A V All.,.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-23 as drafted. COMMISSION ACTION: [". APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONC NCE: County Attorney: j/ Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable}___ Eft. 5/96 .,~ I + RESOLUTION NO. 07-023 A RESOLUTION PROCLAIMING FEBRUARY 3, 2007, AS "STEP UP FLORIDA DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. A healthy and productive community is essential to the St. Lucie County's ability to successfully promote and protect the health and safety of all its' citizens and visitors. 2. Unhealthy lifestyles can erode our most important asset - the people who live and work in our community. 3. Chronic diseases are among the most costly health problems facing a community, and account for nearly 75% of the $1 trillion spent on health care annually in our country. 4. Nearly 22% of the adult population in the county is considered obese. Obesity, inactivity, and tobacco use are key risk factors in the burden of chronic disease that annually claims the lives of our residents. 5. Many of these deaths can be prevented or significantly delayed through effective prevention measures. 6. Citizens who are engaged in health promoting habits are less likely to develop the chronic conditions of heart disease, stroke, lung cancer, chronic obstructive lung disease, and diabetes, which accounted for nearly 70% of all causes of death in the county in 2006. 7 . Much of the chronic disease burden in St. Lucie County is -. , preventable. Effective measures exist today to substantially prevent or curtail the illnesses, disabilities and premature deaths associated with this challenge. 8. The implementation of wellness events throughout the county will benefit county residents and visitors by heightening awareness of opportunities to improve their health and well being. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 3, 2007, as "STEP UP FLORIDA DAY" in St. Lucie County, Florida. 2. This Board does hereby encourage all residents and visitors in St. Lucie County to attend the Step Up Florida event to be held at the Ft. pierce Community Center from 9:00 a.m. to 1:00 p.m. on Saturday, February 3, 2007 in order to find ways to improve personal health and wellness. PASSED AND DULY ADOPTED this 23rd 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 AGENDA REQUEST ITEM NO.6 DATE: January 23. 2007 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration PRESENTED BY: Dou 1as Anderson County Administrator SUBJECT: Prioritizing the below seven federal appropriation requests. Federal Appropriation Requests: 1. $1,900,000 from the FY 2008 Economic Development Initiative Account of the Transportation and Housing Appropriations Act for development of the Treasure Coast Education, Research and Development Park. 2. $500,000 from the General Investigations Corps of the Engineers Account of the Energy and Water Development Appropriations Bill for FY 2008 to continue the beach re-nourishment feasibility study of the southernmost four miles of shoreline which abut Martin County, as well as a small amount of shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida Department of Environmental Protection. 3. $6,000,000 from the Formula and Bus Grants account of the FY 2008 Transportation, Treasury and Housing Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. An 8-acre site located on Selvitz Road, that is owned by the County, is being considered for the location of the intermodal facility. 4. $3,174,000 in FY2008 Federal Airport Improvement Program discretionary funds for the construction phase of a new parallel runway at the St. Lucie County International Airport. 5. $4,500,000 in FY2008 Construction General Account of the Energy and Water Development Appropriations bill for the Fort Pierce beach project. $1 million of the requested funds will be combined with funds provided in the FY 2006 supplemental appropriations bills to re-nourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce Inlet, a federal channel. This construction is expected to take place in 2008 and will allow for less frequent re- nourishments of the Fort Pierce beach. 6. $49,150,000 in the FY 2008 Financial Services and General Government Appropriations Act (General Services Administration, Real Property Activities, Construction and Acquisition) for the construction of the federal courthouse in Fort Pierce, Florida. Roughly $42.5 million of this funding will be used for the courthouse construction, $1.2 million will be used for final design work, $1.8 million will be used for final site work, and $3.9 million will be for GSA project management. 7. St. Lucie County supports full funding for the Everglades Restoration Program in 2008. Furthermore, the County supports the passing of the Water Resources Development Act in 2008. BACKGROUND: The County's federal Legislative delegation has requested the Board of County Commissioners to prioritize the above seven federal appropriations requests. The above listing represents the priority recommended by Mr. Greg Burns of Marlowe & Company in the legislative Page 1 of 2 /~. funding workshop conducted on 1/11/2007. Requests for funding for these projects must be made to have funding added to a federal agency's budget. Additionally, it must be requested that funding be specifically earmarked for the County's projects. Without the specific earmark, the funds will be added to an agency's discretionary funding. FUNDS AVAIL. : N/A PREVIOUS ACTION: Funding requests for the Treasure Coast Research and Education Park, for the beach re-nourishment feasibility study, for the seven new buses and intermodal facility, for the parallel runway, for the Fort Pierce beach restoration project, and for the Everglades were submitted in 2006. RECOMMENDATION: Staff recommends that the Board, as requested by the federal legislative delegation, prioritize the above seven projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. [X] [ ] APPROVED OTHER: DENIED Approved 5-0 Dougl County Coordination/Signatures Mgt & Budget: Public Works: Anderson Administrator COMMISSION ACTION: 6 County Attorney: Originating Dept: )1;- Purchasing: Finance : Page 2 of 2 ... ST. LUCIE COUNTY ADMINISTRATION MEMORANDUM To: From: Date: Subject: St. Lucie County Board of County Commissioners Douglas Anderson, County Administrator January 18, 2007 Federal Legislative Requests This agenda item is to request the Board to approve the prioritization of seven federal appropriation requests. The seven requests are the following. 1. Economic Development: Treasure Coast Education, Research and Development Park The new Treasure Coast Education, Research and Development Park presently encompasses 1,600 acres and is home to the University of Florida Indian River Research and Education Center, the state-of-the-art USDA Agricultural Research Service National Horticulture Research Laboratory, the USDA Natural Resources Conservation Service Office, the Florida Department of Agriculture and Consumer Services Division of Plant Industry, the St. Lucie County Cooperative Extension Service, and the St. Lucie County School District Agri-Science Education Program. St. Lucie County is currently designing a 10,000 square foot office center that will house the Treasure Coast Education and Research Development Authority, which is responsible for management, growth, and promotion of the park. Office space of 1,000 square feet each will also be provided for the University of Florida, Florida Atlantic University, and Indian River Community College who will assist the Authority in incubating new biotech businesses and in providing research and business start-up services to the fledgling businesses. Services will include consultation and technical assistance regarding research, engineering, technology, product development, new business establishment, marketing, international trade, and venture capital formation. The Office Center will additionally provide approximately 4,000 square feet of space for biotech incubation purposes that will be able to be subdivided into offices or laboratories of up to 1,000 square feet. The estimated cost to construct this facility is $4,000,000. The County will additionally be working with the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) to relocate agricultural and environmental field research operations located at the park. The UFIIFAS agricultural and environmental field research operations in St Lucie County have been under development for nearly fifty years and have grown to include a 150 acre citrus grove, aquaculture facilities, a 32 acre vegetable farm, a farm managers house, a motor-pool, pesticide and fertilizer sheds, and four equipment barns. Its current location on Kings Highway conflicts with the planned development of the Treasure Coast Research Park. The current Master Plan for the park calls for UF/IFAS and the St Lucie County School District to trade long- term property leases so that IFAS Field Operations can be clustered and rebuilt adjacent to the USDA Field Operations west of the Florida Turnpike. The Treasure Coast Research and Education Park and the St Lucie County School District would acquire UFIIFAS land east of the Turnpike that provides these facilities with frontage and greater visibility along Kings Highway (State Road 713), a major north/south corridor. The St. Lucie County School District will be constructing a K-12 magnet school specializing in science education on 60 acres at the site. The estimated cost to relocate the field operations is $7,488,000. St. Lucie County also intends to develop 20 acres of the Research Park for potential lease to research companies. The cost of developing the twenty acres for future lease is $1.9 million, which will be utilized for design; engineering; permitting; and construction of utilities, stormwater, parking, and roadways within the 20-acre site. The County requests $1,900,000 from the Economic Development Initiative account of the FY 2008 Transportation and Housing Appropriations Act to develop utilities, stormwater, parking, and roadways within a 20-acre parcel of the Treasure Coast Education, Research and Development Park. 2.. Beach Re-Nourishment: Feasibility Study This project is to study the southernmost four miles of St. Lucie County's shoreline, which abuts Martin County, as well as a small amount of shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida Department of Environmental Protection. More recently, the area continues to critically erode, harming upland development and environmental habitat. Beach erosion and storm damage has been exacerbated by the high frequency of hurricanes and storms along the Atlantic coastline. For the St. Lucie County feasibility study, the County requests $500,000 from the General Investigations Corps of Engineers account of the Energy and Water Development Appropriations bill for FY 2008 to continue the St. Lucie County, FL feasibility study. 3. Transportation In July. 2005 the St. Lucie Metropolitan Planning Organization approved a major update to the FY 2005/06 - 2009/10 Transit Development Plan. The five year implementation plan identified the need for the replacement of fifty fixed and demand response buses as well as additional buses to serve fixed routes to link with the Indian River County transit system, to the Ft. Pierce Redevelopment Area, St. Lucie West, and Port St. Lucie. The Transit Development Plan also recommended the "creation of multimodal transportation hubs in central Ft. Pierce and Port St. Lucie serving fixed routes. Greyhound bus service, potential Amtrak service and other transportation modes." St. Lucie County currently has a bus fleet of 42 buses that are parked at the Council on Aging office in Port St. Lucie and behind the Juvenile Court Building in Fort Pierce. The two facilities are too small for the current fleet and offer no room for transit expansion. The current facilities also offer no room for a maintenance building. Maintenance is therefore contracted to a private service which requires additional time and manpower to deliver the buses to the maintenance service facility. St. Lucie County would like to develop a centrally located intermodal facility where the buses can be parked and maintained and that will be easily accessible to Greyhound services. The building will also will provide office space for the County's transit operations and will become a Commercial Drivers License training facility which will meet a training need identified by the Treasure Coast Workforce Board. St. Lucie County would therefore like to request $6,000,000 from the Formula and Bus Grants account of the FY 2008 Transportation, Treasury and Housing Appropriations Act. 4. Aviation The highest priority for federal funding of projects at the St. Lucie County International Airport is to complete the construction of Runway 9U27R. This new 4,000 foot long runway was estimated in 2004 to cost $11,819,326 to design and construct. The following table lists the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FOOT) grants that the County has received to date for this runway project. Fiscal Project FAA Funding FAA FDOT Local Total Year Source Funding Funding Match Funding 2002 Environmental GA $150,000 $117,425 $117,425 $384,850 Assessment Entitlements 2003 Benefit Cost GA $150,000 $7,870 $7,870 $165,740 Analysis Entitlements 2004 Design Phase 1 Discretionary $527,000 $13,868 $13,868 $554,736 2005 Design Phase 2/ Discretionary $673,485 $17,273 $17,273 $708,031 Construction 2006 Construction Discretionary $6,287,855 $188,775 $188,775 $6,665,405 Total $7,788,340 $345,211 $345,211 $8,478,762 The amount remaining of the runway cost that has not been funded is $3,340,564 ($11,819,326 - $8,478,762 = $3,340,564). The federal portion is 95% of this amount, or $3,173,536. Airport staff will submit a grant pre-application by FAA's deadline of January 8, 2007, requesting this amount by the end of Fiscal Year 2007. However, since this is a discretionary grant, the runway project has to compete for these funds against other airports' projects. Whether we receive the funds to complete the project in 2007 or have to wait until 2008 to receive the balance of the funds will not be known until after the FAA issues grant offers in August 2007. The other issue complicating this grant is the funding mechanism for the FAA grant program expires in September 2007. Reauthorization of how these funds are collected may be delayed in Congress, which can affect Fiscal Year 2008 grants. The County would like to request $3,174,000 in FY 2008 Federal Airport Improvement Program discretionary funds. 5. Beach Re-Nourishment: Fort Pierce Beach The Fort Pierce beach has needed frequent re-nourishment due to the presence of the federal Fort Pierce inlet and jetty system immediately to the north of the shoreline which impedes the flow of sand south. To address this situation, the County and the Corps have partnered on a General Reevaluation Report (GRR) of this project, which is nearing completion. The GRR will alter the cost-share of the authorized project to address the effect of the jetties on Ft. Pierce beach while also proposing some sand retention structures for the area. For FY 2008. St. Lucie County requests $4,500.000 from the Construction General account of the Energy and Water Development Appropriations bill for the Fort Pierce beach project. $1 million of the requested funds will be combined with funds provided in the FY 2006 supplemental appropriations bills to renourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce inlet, a federal channel. This construction is expected to take place in 2008 and will allow for less frequent re-nourishments of the Fort Pierce beach project, which will be a relief for all of us. 6. Fort Pierce Federal Courthouse The Fort Pierce Federal Courthouse is currently ranked fourth nationally in need priority. This high ranking speaks to its importance in terms of enhanced security, additional space, and improved functionality. The current federal courthouse is grossly inadequate and creates marked security issues and case delays. The site for the new Fort Pierce Federal Courthouse has been approved. Located on the corner of U.S. Highway 1 and Orange Avenue, it is immediately across the street from City Hall, in the middle of downtown Fort Pierce, and in the middle of the Fort Pierce Redevelopment Area. The site was chosen a number of years ago and has remained vacant since then creating a highly visible blighted area. The new federal courthouse will add significantly to the redevelopment of Fort Pierce. Project cost is estimated to be $49,150,00. St. Lucie County requests this project be fully funded. 7. Everglades: Funding and the Water Resources Development Act As you know, the President has proposed $165.4 million for the Corps of Engineers to continue its work on the Everglades restoration program. The budget also proposes an additional $26.4 million in funding for the Department of Interior to continue their work on Modified Water Deliveries to Everglades National Park. Unfortunately, this level of funding will not keep Everglades restoration on schedule and may slow completion of the Modified Water Delivery and Kissimmee River projects. St. Lucie County supports full funding for the Everglades restoration program in FY 2008 and requests support for $222 million in total funding for both the Corps of Engineers ($177 million) and the Department of Interior ($45 million). Furthermore, St. Lucie County appreciates your support in the fight to pass a Water Resources Development Act in 2007. WRDA is imperative to continuing the Everglades restoration program and also contains important authorization language for the County's beach projects. AGENDA REQUEST ITEM: # 7 DATE: January 23, 2007 REGULAR [Xl EARING [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Administration SUBJECT: St. Lucie County Pandemic Emergency Response Manual BACKGROUND: In collaboration with Human Resources and Public Safety, the attached Pandemic Emergency Response Manual was developed as a guide for the County to use in case there was a need to respond to a Pandemic emergency, such as a Pandemic influenza in the future. This manual focuses on the human resources of the County, which would most be impacted should a Pandemic event occur. GENERAL NOTES: Emergency staffing and backfill of existing positions will be of primary concern In order to provide essential services and other services to the public in case a Pandemic emergency strikes St. Lucie County. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of St. Lucie County's Pandemic Emergency Response Manual. COMMISSION ACTION: [)q APPROVED [] DENIED [ ] OTHER: Approved 5-0 NCE: Do glas M. Anderson County Administrator 7 Review and Approvals ~)}county Attorney: ./Js L Originating Dept. #. ~ Management & Budget: Purchasing: .#.4- Other Other: Finance: (Check for Copy only, if applicable)_ BOARD OF COUNTY COMMISSIONERS '~=r.'~eJeIE~' COUNTY)· FLORIDA' COUNTY ADMINISTRATOR DOUGLAS M, ANDmSON From: Douglas M. AndersOl To: Board of County Coml Date: January 23, 2007 Subject: Agenda # 8 (St. Lucie County Pandemic Emergency Response Manual) Back2:round: If a Pandemic emergency strikes St. Lucie County, such as a Pandemic Influenza we must be prepared to deal with an absentee rate of up or more than 25-30% of St. Lucie County employees for up to six (6) months on a rolling basis. This manual provides staffing strategies, tools, advice and directives that departments should follow in the event that the St. Lucie County Public Safety Director or designee proclaims a Pandemic emergency for the County. It should be noted that many human resources processes may be simplified and the administration of collective bargaining provisions narrowed in order to meet urgent staffing needs. Upon adoption of this manual, training sessions will be scheduled with Department Directors and managers to explain the manual and procedures set out in the manual. Because of the thoroughness and involvement required by staff, several training sessions may be required. The Table of Contents lists the sections contained in the manual. Recommendation: Staff recommends the approval of the St. Lucie County Pandemic Response Manual as a tool to respond to a Pandemic emergency should it strike. JOSEPH E SMITH, District No 1 . DOUG COWAf1,D, District No, 2 . PAULA A. LEWIS, District No, J . CHAf1,LES Gf1,ANDE. District No 4 . CHf1,IS Cf1,AFT, District No 5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-lucieJI.us Pandemic Emergency Response Manual Human Resources Department TABLE OF CONTENTS Overview and Manual Summary Section 1: Labor Relations- Emergency Administration Section 2: Closure of Schools and Daycare Facilities Section 3: Essential functions, Lines of Succession and Delegation of Authority Section 4: Alternative Work Schedules Section 5: Contingent Workforce Section 6: Telecommuting Section 7: Temporary Assignments Section 8: Volunteer Services Section 9: Rescinding of Approved Leave Section 10: Sending 1II Employees Home Section 11: Family Medical Leave Section 12: Return to Work Authorization Section 13: Shared Sick Leave Donation Section 14: Facility Closure/Reduction in Force Section 15: Discipline-Conduct Including Unauthorized Absences Section 16: Communication and Consistent Messaging Section 17: Employee Assistance Program Section 18: Stockpiling of Inventory Section 19: Personal Protective Equipment (PPE) and Workplace Safety Pandemic Flu Planning Checklist for Individuals and Families (from the Department of Health and Human Services) OVERVIEW St Lucie County is responsible for providing services to more than 240,039 residents. The potential Pandemic Influenza or other pandemics could disrupt the continuity of operations for provision of essential and other community services, including governmental and business functions. Should that occur, the St Lucie Public Safety Director or designee may proclaim a Local State of Emergency. The typical "seasonal flu" is separate and apart from Pandemic Influenza. Pandemic Influenza could strike at any time. If the Pandemic Influenza spreads to St Lucie County, a cumulative absentee rate of up to or more than 25-30% of St Lucie County employees is expected for up to 6 months, on a rolling basis. This number includes sick employees, employees who are caring for sick family members and employees who do not come to work out of fear of becoming ill. In addition, there may be a significant need for social distancing (a reduction of the number of persons concentrated in the workplace), necessitating that employees complete production but do not report to the workplace. Emergency staffing and bacldill of existing positions will be of primary concern in order to provide essential services and other services to the public. In the event that essential services are adequately staffed, secondary essential services may be staffed, to the extent possible. Because a number of St Lucie County employees are represented by a labor union, the temporary suspension of certain collective bargaining agreement provisions may be necessary in the event that a Pandemic Influenza emergency is proclaimed. This manual is meant to compliment department operational plans, and does not limit department authority to make operational decisions as to essential or needed functions. This manual provides staffing strategies, tools, advice and directives that departments should follow in the event that the St Lucie County Public Safety Director or designee proclaims a Pandemic Influenza emergency for the county. It should be noted that many human resources processes may be simplified and the administration of collective bargaining provisions narrowed in order to meet urgent staffing needs. The effect of the provisions of this manual confer no new privilege, right of appeal, right of position, transfer, demotion, promotion nor reinstatement for any St Lucie County employee, contract worker or volunteer. This manual does not constitute an express or implied contract It provides general guidance that cannot form the basis of a private right of action. MANUAL SUMMARY Labor Relations - Emergency Administration: The temporary suspension of certain collective bargaining agreement provisions may be necessary. Most likely, provisions concerning assignment of work, scheduling, and notice will be suspended or narrowed. Closure of Schools and Daycare Facilities: Healthy employees may need to remain at home to care for healthy children or other healthy dependants if schools and daycare facilities are closed. Essential personnel will need to report to work, telecommute or use accrued vacation leave time; non-essential personnel may use accrued vacation leave time; sick leave may not be used by either essential or non-essential personnel. All employees with school- aged children are encouraged to pre-plan for potential school closures. Essential functions, Lines of Succession and Delegation of Authority: Departments are identifying essential functions and informing employees, Payroll and human resources functions are essential in every department. Management lines of succession may run seven to ten employees deep, Alternative Work Schedules: Normal and alternative work schedules may change with as much notice possible or with as little as 24 hours notice. Contingent Workforce: Departments are pre-planning and identifying areas where contingent workers may be needed to provide essential services. Rescinding vacations and recall of employees must be completed before filling positions with a contingent workforce, Telecommuting: Departments are identifying essential functions, which may be performed remotely, and equip those employees accordingly. Depending upon the circumstances, some non-essential employees may also telecommute. Only the County Administrator can approve telecommuting. Temporary Duty Assignments: Employees will receive the temporary special duty pay for the majority of duties performed in a higher classification and their usual base pay for duties performed in a lower classification. V olunteer Services: Volunteers may be utilized after departments have attempted to staff functions with employees. Volunteers will need to sign a waiver and release. In addition to a Voluntary Program Application form. Rescinding of Approved Vacation Leave: In order to staff county functions, rescinding of approved leave time is a possibility and employees are being informed that this may occur. Sending III Employees Home: Employees who are symptomatic in the workplace may be sent home and may use any type of accrued leave to cover the absence. Family Medical Leave and Sick Leave: These will continue to be administered as usual. Employees may use sick leave for medical appointments. Return to Work Authorization: Medical certifications will not be required but, if an employee who returns to work is symptomatic, the employee may be sent back home, Leave Donation: This will continue to be administered as usual. Facility Closure / Reduction in Force: Regular employees will be reassigned if a facility closes and the county will analyze the necessity for a reduction in force depending upon how long facilities are closed, Discipline - Conduct Including Unauthorized Absences: The processing of proposed discipline may need to be held in abeyance if management's time is monopolized due to responding to the emergency. Employee Assistance Program; Supervisors are being provided with current information on these services and will be encouraged to refer employees. Pre-Planning Checklist Determine Critical Functions and Personnel Predetermine personnel who perform essential functions Predetermine personnel who perform non-essential functions Identify functions that may be suspended while personnel are assigned to more critical roles Identify non-essential personnel who have the skills and abilities to perform other functions Identify other personnel, such as former employees and contract workers, who may be available to perform essential functions Identify potential volunteers who have the skills to perform needed departmental functions Succession Planning Predetermine the payroll function as an essential function and have at least 2 employees cross-trained in each department for the payroll function Predetermine the human resources management function as an essential function and have at least 3 employees in each department cross-trained for the human resources management function Establish and identify a 3 to 5 employee management line of succession plan which lists predetermined alternates for key leadership positions in each department, department or work unit Departments with limited staff may request the County Administrator to assign Supervisory responsibilities from another department Predetermine the individuals who will have the delegated authority to make decisions and communicate that succession plan to department and work unit personnel Provide for access to information and needed items to those in the line of succession U e. computer passwords, ofÌÌce keys, tile cabinet keys, etc,) Forward document succession plans to the department director and County Administrator. Review Business Hours, Work Schedules and Mode of Service Delivery Review business hours and work schedules to determine if they can be modified in a manner that best promotes social distancing, business continuity or other pandemic response goals during an emergency Identify essential functions that may be accomplished via telecommuting and whether the function needs access to all systems and applications or only email and/or voice communications Identify technical planning methods such as the W orld- Wide- Web, Virtual Pri vate Network, GroupWise, Go to My PC, Instant Messenger and teleconferencing to be implemented prior to a Pandemic Influenza emergency Develop a Communications Plan Communicate with employees about the threat of a Pandemic Influenza emergency, and describe the steps they are taking to prepare for it such as: · Potential changes to personnel policies located in this plan · Changes in business culture which may include social distancing, increase in telecommuting. or suspension of secondary essential functions · The importance of staying home if employees are ill or have influenza symptoms · Safety precautions and hygiene practices to be used in the event of an emergency Distribute practical information on maintaining a healthy work environment Ii Update employee emergency contact information l I Identify key internal and external stakeholders and the methods that will be used to communicate with them Communicate to labor unions and employees that certain provisions of their respective collective bargaining agreement may be suspended or waived, by amending contract language, for actions such as: · Use of employees outside of the bargaining unit to perform the work · Previously approved vacation and leave of absences may be rescinded with minimal notice · Employees may be required to report for work with minimal notice · Employees' work schedules and/or hours of work may change with minimal notice · Employees may be required to telecommute with minimal notice · Employees may be assigned overtime with minimal notice · Employees may be assigned special duty with minimal notice · Employees may be assigned to other work units with minimal notice Develop a Plan to Stockpile needed Resources & Safety Items o Communicate of potential worldwide disruption to manufacturing, retai I and transportation that may last up to six (6) months o Identify resources and inventory required to perform essential duties for a period of no less then three (3) months o Central Services will install and maintain hand sanitizer stations at each public entrance and each bathroom in all county buildings o Protective equipment such as gloves and masks will be supplied and may be used when having direct customer to employee contact of less then 3 feet. Social distancing, no handshake policies, proper hand washing techniques and keeping sick co-workers from the workplace will be strictly enforced to reduce spread of Influenza in all county departments o Administration will identify funding source for required purchases Section 1: Labor Relations - Emergency Administration In the event that the St. Lucie County Public Safety Director or designee proclaims a Local State of Emergency for Pandemic Int1uenza or any pandemic, the emergency may necessitate the suspension of certain collective bargaining agreement provisions in order to staff and administer the functions of a department, department and/or work unit. Provisions should be suspended only when narrowly tailored for the emergency situation. Provisions suspended may include but are not limited to those which deal with: · Scheduling · Notification procedures · Assignment of work To the extent possible, compensation provisions will not be suspended but may be streamlined in order to administer payroll in a timely manner. The following provides guidelines in the administration of collective bargaining agreements to follow in the event an emergency is proclaimed: A. Guiding Principles 1. Should a Pandemic Int1uenza or any pandemic emergency be proclaimed, emergency administration of collective bargaining agreements, where applicable, may be invoked where: a. The St. Lucie County Public Safety Director has proclaimed a Local State of Emergency, b. The emergency threatens to impair county operations, c. The need to address the threat results in an unavoidable suspension of certain collective bargaining agreement provisions, d. Suspension of collective bargaining agreement provisions is narrowly tailored as necessary to provide services during an emergency~ and, e. Suspension of collective bargaining agreement provisions is limited to the duration of the Local State of Emergency for the Pandemic Int1uenza. 2. The provisions of the respective collective bargaining agreement that are temporarily suspended due to the emergency should be those that: a. Ensure that functions of the unit can be staffed safely~ b. Have the least disruptive effect on bargaining unit employees; and c. Have the least disruptive effect on non-bargaining unit employees, 3. Managers and supervisors should follow the provisions of collective bargaining agreements to the extent possible, without causing too much difficulty in administering a work unit during the emergency. 4. Managers and supervisors should provide as much notice to employees as possible, given the circumstances, of any change aflecting employees. B. Communicate to employees that certain provisions of their respective collective bargaining agreement have been suspended. For instance, the Pandemic Influenza or any pandemic emergency may result in high absentee rates resulting in the loss of the necessary number of employees to perform the identifìed functions of the work unit. The employee absentee rate may reach a point where, in order to perform the functions of the work unit, it is necessary to use employees outside of the bargaining unit to perform the work. Some other examples are: 1. Previously approved vacation or leave of absences (other than for sick or family leave purposes) may be rescinded with minimal notice, 2. Employees may be required to report for work with minimal notice, 3. Employees' work schedules and/or hours of work may change with minimal notice. 4. Employees may be required to telecommute with minimal notice, 5. Employees may be assigned overtime with minimal notice. 6. Employees may be assigned special duty with minimal notice. 7. Employees may be assigned to other work units with minimal notice. C. Pay and Break Periods 1. Compensation will be paid in accord with the respective collective bargaining agreements or personnel policies, as appropriate, for all work performed. 2. Rest and Meal Periods will be administered in accordance with the employees' labor agreement, Personnel Guidelines and state law. Should urgent circumstances exist where meal periods cannot be taken, employees will be paid for any missed meal period, D. Contract Negotiations and Administration During the period of the emergency, the county may temporarily suspend collective bargaining negotiations, grievance processing and any labor-management committee meetings. Labor representatives should contact the Human Resource Department for their respective collective bargaining agreement if she or he has questions or concerns about these guidelines or how they are being applied, Section 2: Closure of Schools and Daycare Facilities To minimize the efIect of any disease outbreak, the St. Lucie County Administrator or Public Safety Director is authorized to order disease control measures, or isolation and quarantine orders and social distancing measures may be used in a pandemic inf1uenza or any pandemic event. In addition to closing large social gatherings, such as sporting events, theater shows, concerts and others, the St. Lucie County Administration may recommend the closing of schools and large day care centers as a social distancing strategy. This action would occur in coordination with any emergency proclamation that may emanate fì'om County Government. School and daycare closure is expected to have a significant cascading effect on staff absenteeism in both the private and public sectors. St. Lucie County must be prepared for a reduction in its staff resulting from healthy parents staying home to take care of healthy children or other healthy dependants. In the event that this occurs, staff should be informed of expectations, depending upon their depal1ment designation as , essential personnel and non-essential personnel. If schools and daycare centers are closed, employees will not be allowed to bring their children to work. A. Essential Personnel: should make every effort to report to work in the event of school and daycare closures. 1. All essential personnel should have a family care succession plan in place. 2. In the event that child and dependant care coverage may become impossible, arrangements should be made in advance with department management to telecommute, if appropriate and feasible, Otherwise. essential personnel may use accrued vacation leave, holiday leave or may request approval for leave without pay for such an absence. Sick leave may not be used by healthy parents who are staying home to take care of healthy children or other healthy dependants due to lack of day care arrangements. B. Non-Essential Personnel: all non-essential personnel should make every errort to report to work in the event of school and daycare closures, 1. All non-essential personnel should have a family care succession plan in place. 2. In the event that child and dependant care coverage becomes impossible, non- essential personnel may use accrued vacation leave, holiday leave or or may request approval for leave without pay. 3. Sick leave may not be used by healthy parents who are staying home to take care of healthy children or other healthy dependants due to lack of daycare arrangements. Section 3: Essential Functions, Lines of Succession and Delegation of Authority The following section provides guidance and direction to assist all departments, departments and work units to develop plans for identifying essential functions, lines of management succession and delegation of authority in the event of a Pandemic Influenza or any pandemic emergency, A. The County Administrator shall identify the conditions that activate the plan. For example, the St. Lucie County Public Safety Director has proclaimed a Local State of Emergency~ or although a county emergency has not been proclaimed, a department director has received authority from the Sc Lucie County Administrator or designee to activate the plan because the Influenza Pandemic or any pandemic has negatively impacted the business continuity of his or her department. B. Departments shall predetermine, essential functions and non-essential functions; including critical times of year when certain functions must be performed (the discharge of certain essential work may be specific to the time of season, year or month or dependent on other factors directly affecting the function). 1. Departments shall predetermine personnel who perform, essential functions and non-essential functions and the minimum number of staff necessary to perform the functions. 2. The County Administrator shall identify functions that may be suspended while personnel are assigned to more critical roles, Departments should identify the time period that the function can be suspended and the functions that may be done on a less frequent basis than would occur under normal conditions. 3. Departments should identify non-essential personnel that have the skills and abilities to perform other functions. Such personnel may be: a. Employees in the same classification series as those who normally perform the function; b. Employees who have previously performed the work and are currently employed elsewhere in organizations within the county; and c. Employees who can be trained either in advance of the need or on-the-job when the need arises. 4. Departments should identify other personnel who may be available to perform the essential functions. Such personnel may include former employees and On-call contract workers. 5. Each department shall predetermine the payroll function as an essential function and shall have a plan of succession and cross training for the payroll function. There should be at least 2 employees who are trained to perform the payroll function. C. Departments and work units shall establish a management line of succession plan as approved by the County Administrator, A line of succession provides a list of predetermined alternates for key leadership positions in each department, department or work unit. 1. The succession plan should be 3 to 5 employees in depth, where possible. The personnel identified for the line of succession should know the operations of the work unit; have the confidence of the principal to act in his or her absence~ clearly understand the scope of the powers and duties delegated to him or her; and clearly understand the constraints, if any, of the powers and authorities she or he will be delegated. 2. The succession plan should clearly identify the names of designated personnel and their regular titles and how they can be contacted. (Consider having the principal's phone, work cell-phone, pager and email forwarded to the person who assumes the powers and duties of the principal in his/her absence.) 3. The names and order of succession of designated personnel shall be communicated to department and work unit personnel. 4. The plan should clearly set forth the powers and duties that will be performed and by whom. The departments shall predetermine the individuals who will have the delegated authority to make decisions and communicate that these individuals will have that authority to department and work unit personnel. 5. If all of the personnel identified for the line of succession are unavailable (which may be the case in small work units where there is a limited number of leadership personnel), with County Administrator approval, the department should provide for alternate lines of succession that identifies other personnel who can assume the powers and duties outside of the work unit. The line of succession plan should be updated whenever a pertinent statT change occurs. 6. Departments should determine if those in the line of succession may need to be cross-trained in advance and provide such training where needed. Advance cross training for essential functions, such as the payroll jÚnction, is imperative. The department may provide resources, which may be accessed to train employees to perform other functions (video tapes, outside trainers, procedures manuals, teleconferencing, consultants, etc.). 7. Departments should construct a method by which those in the line of succession will have access to information and needed items (i.e, computer passwords, calendars for employee approved time off ofÌÌce keys, tìle cabinet keys. etc.) should they take over leadership responsibilities. Section 4: Alternative Work Schedules The administration of alternative work schedules will be modified during a proclaimed Pandemic Int1uenza or any pandemic emergency to enhance social distancing, business continuity or other pandemic response goals as follows: A. In addition to regular full-time employees, regular part-time and on-call employees may work alternative schedules. B. Departments shall review their normal business hours and work schedules to determine if they can be modified in a manner that best promotes social distancing, business continuity or other pandemic response goals during an emergency. C. Departments will identify essential/non-essential functions that may be staffed with personnel on alternative schedules. D, If feasible, supervisors should first ask for employees to volunteer to work hours other than their usual schedule. Where certain work schedules cannot be statlecL department management may direct staff to work the schedules necessary. E. Departments are encouraged to work with staff to minimize the impacts of decisions affecting schedule changes, Rest and meal period requirements continue no matter what type of work schedule is assigned. Overtime is probable and should be expected. F. Alternative work schedules may be processed via email, fax or telephone. A supervisor may document the change via email, memorandum, or fax G. If an employee makes a request for an alternative work schedule and the request is denied, no written explanation of why the request has been denied is required during the proclaimed emergency, H. When appropriate, management may assign an employee back to the employee's regular schedule. If an employee is assigned back to his or her regular schedule afier the Local State of Emergency is declared over, the assignment is subject to notification periods contained in applicable collective bargaining agreements. Section 5: Contingent Workforce A. 8t. Lucie County contingent workers fàll into one of two general categories as follows: 1. Contract Worker (CW) - an individual who is the employee of an authorized vendor to provide these resources. CWs do not receive 8t. Lucie County benefits. 2. On-Call (OC) - an individual has entered into an on-call contract with 8t. Lucie County. OC does not receive 8t. Lucie County benefits. B. Monitoring CW and OC contingent workers is the responsibility of the department. Monitoring CW also involves the authorized vendor for CWs, It is the responsibility of the department to obtain any necessary departmental approvals prior to submitting a contingent worker request and verify the availability of funding. C. Pandemic Emergency Modifications apply to pandemic emergency planning and response for backfilling regular stafT. 1. During the planning phase for a Pandemic Influenza or any pandemic emergency: a. Departments shall identify the classifications of staff needed to accomplish needed functions and notify the Human Resources Department of these classi fications. b. Departments shall pre-complete the attached forms in order to have the necessary documentation already completed and ready to use if an emergency is declared. c. The Human Resources Department will compile the classifications submitted by departments into a master list. This list will be provided to CW agencies to identify the classifications that will be needed for a Pandemic Influenza emergency. This will allow the CW agencies to acquire the resources necessary in advance for a 24-hour response to a request. 2. During a Pandemic Influenza or any pandemic emergency phase: Contract Workers - Departments may go directly to the CW agency to hire the classifications identified. Departments remain responsible for coding CWs' hours during the Pandemic Int1uenza emergency. IOn Call and Contract Worker ( Request Form)1 ~._-~--~"~- -'._~. ~.,-... Job class/title: Work location: Supervisor: Number of positions: .~ .'~'~'.~~-~ Request date: Start date: Hours per week: Total hours to be worked: Organization #: Department: Department: Contact name: Contact phone: Pay range/step: Hourly pay rate: Skills required: Education/licenses required: DYes D No If so, explain: --- "~"~~~~~ --,'--"- _.. ~~ -~ ~-~"~~ - - -~- -~-~~ -~~- ~ ~ Duties to be performed: Short Term Temp? D Contract Work? D Section 6: Telecommuting Telecommuting means that an employee is working one or more days each workweek from home instead of commuting to his or her centrally located worksite, Telecommuting is not appropriate for all employees and no employee is entitled or guaranteed the opportunity to telecommute. The purpose of modifications to the policy is to provide support for social distancing or other pandemic response goals as necessary to respond to a Pandemic Influenza emergency. These modifications apply only to pandemic planning and response for employees that have been identifìed as appropriate personnel for telecommuting. A. Departments should identify possible telecommuters as soon as possible. I. Departments shall consider the use of telecommuting to accomplish social distancing for a Pandemic Influenza emergency. 2. Departments shall identify essential functions that may be accomplished remotely and whether the person performing the function needs access to all systems and applications or only email and/or voice communications, 3. Departments shall identify employees who are qualified for the provision of essential functions that are in a position to telecommute. As part of the plan for the procedure, departments should submit all employee names that will require remote access to the service desk. These employees' desktops will be prepared for remote access. In the event of a Pandemic Influenza or any pandemic emergency, each employee will be permitted to take his or her desktop home for remote use. In addition to a list of employees that will be permitted to work from home, IT will need to know the type of connection that each employee has access to from home (i.e. DSL, Cable or Dial-up). 4. Departments shall consider alternative work schedules for those authorized to telecommute to reduce peak demands on Information Technology systems. I 5. Employees authorized for telecommuting may be allowed to provide limited dependant/child care during a Pandemic Influenza or any pandemic emergency i{providing care does not impact the ability of the employee to accomplish assigned tasks, Only children over the age of three can be cared for while the employee is telecommuting. 6. Telecommuting assignments may be processed via email or telephone. B. Supervisors may require that an employee telecommute during a Pandemic Influenza or any pandemic emergency. A requirement to telecommute should be I See Section 4 of this manual for a discussion on alternative work schedules. documented. Such documentation should occur within one week of the start of the directive to telecommute or as soon as practicable thereafter. A supervisor may document the change via email, memorandum. fax or other documented method, C. Employees initiate a telecommuting arrangement by submitting a written Telecommute Request form to their immediate supervisor. Telecommuting may be approved by the County Administrator for set periods up to six-months. If the request is denied, the employee need not be provided with a written explanation of why the request has been denied during the emergency, D. There are a number of technical planning methods to accomplish telecommuting as follows (see IT Request for Information form): 1. Via the World-Wide-Web, employees can access their email accounts from any computer with Internet access. There is no additional set-up or cost, however, the access is .limited only to email. Employees cannot access other systems or applications. 2. Employees will be permitted to take their desktop home for remote access. The desktop will be pre-configured to allow remote access. 5. Teleconferencing - allows for audio meetings to be held with attendees at different sites. The Department of Public Safety has subscribed with BellSouth for teleconferencing service, that allows up to one hundred twenty (120) attendees. In the event of a Pandemic Int1uenza outbreak prior to implementing this, individuals call into a toll-tì'ee number and enter a password for the connection to others calling into the same meeting. 111 SSl ml'nt. to Tckcommuk 111:\1 em From: Sent: To: Subject: Appointing Authority Date [employee's name] Assignment to Telecommute During Pandemic Influenza Emergency Please be advised that effective (date) and continuing until approximately (date) I am assigning you to telecommute on the following days and times: [Monday through Friday] from ~ a.m. to ~.m. Your meal break is from ~a.m. to ~ p,m, each day. Please be advised that you may be called to work at (v!orksite) on your regular telecommute day during your regular work hours to meet workload requirements, (For OT eligible employees: You may also be required to work overtime.) Please note the following: · Telecommuting equipment and services expenses, such as an additional telephone line or software, must be approved in advance by (your immediate supervisor). If any equipment or services have been pre-approved. the expenses will be paid or reimbursed. · You may not use any St. Lucie County equipment for private purposes, nor allow family members' or tì-iends' access to that equipment. · You shall promptly return all St. Lucie County-owned equipment and data documents when requested by (your immediate supervisor). · You must follow all software licensing provisions agreed to by St. Lucie County. · St. Lucie County may pursue recovery from you for any St. Lucie County property deliberately or negligently damaged or destroyed while in your care. custody and control. · St. Lucie County is not responsible for the private property that you use, lose or destroy. · You may not meet with customers or clients in your home. Meetings should be scheduled in the office. Thank you for your assistance during this diftìcult time. cc: Department Directur Department Human Resources Department Payroll St. Lucie County Telecommuti Form (Employee must submit this form to their immediate supervisor for consideration.) Name: Office phone: Home phone: Supervisor: Office phone: Proposed Schedule: 1) Telecommuting Days: MON TUE WED THU FRI VARIABLE 2) How many days a month do you expect to telecommute? ~ Days 3) Telecommuting day Schedule: a.m./p.m, End Start a.m./p,m, Lunch starts a.m./p.m. Lunch ends a.m./p.m. 4) What hours could you be reached at home: to (Note: If you have one phone line and will be working on-line, what hours can you be reached at home) Tasks: What functions or types of tasks will you be doing at home? (i.e" data entry, word processing, etc.) Equipment: Place a check by the following equipment or services that you will need to telecommute, For each item needed, please indicate whether you plan on providing the equipment or if you expect the county to supply it ITEM: Provided Provided N/A 1 by Self by County second telephone line X -- ------ telephone answering machine X residential voice mail X computer X computer surge protection X software used at office (specify) X -,- ~-, ----- printer X ---- modem X -- F AX machine X Provide your access to the County network: DSL, Cable or X dial-up (circle one) Other TELECOMMUTING AGREEMENT These conditions for telecommuting must he agi'ccd to hy thc cmployee and supervisor. My telecommuting arrangement will begin on (effective date): (agreement shall not exceed 12 months). and end on I will work at the following location: I will telecommute _ days per week. Specific weekly schedule will be: My telecommuting work hours will be from _a.m. to _p.m. (meal break from_a.m/p.m.. to _a.m./p.m.) I agree to call the office or my voice-mail to obtain messages at least _ times per day while working at home/remote location (or agree to forward my oftìce phone line to my telecommute location when I telecommute). Approximate voicemail message call-in times: I will be using the following county-owned equipment at the work location shown above and understand that I am responsible for said equipment, as stated in the county's Telecommuting policy: I understand and agree to the job assignments or tasks to be completed under my telecommuting arrangement with my supervisor. (Supervisors may attach a specific written statement of job assignments and additional expectations if desired.) Telecommuting equipment and services expenses (such as an additional telephone line or software) must be approved in advance by your immediate supervisor. If any equipment or services have been approved, the expenses will be paid or reimbursed. Employees who will be working with confidential county information at their home must attach information describing what strategies will be used to maintain that the information remains secure and confidential in a manner consistent with existing county policies. TELECOMMUTING EQUIPMENT POLICY: The employee agrees not to use any St. Lucie County equipment for private purposes, nor allow family members or tì-iends access to that equipment. The employee shall promptly return all St. Lucie County-owned equipment and data documents when requested by the employee's supervisor. The employee agrees to follow all software licensing provisions agreed to by St Lucie County. The county may pursue recovery from the employee for any county property deliberately or negligently damaged or destroyed while in employee's care, custody and control. The county is not responsible for private property used, lost or destroyed. The employee agrees to comply with policies regarding telecommuting equipment in the telecommuting policy. OTHER CONDITIONS: Employees may, at the discretion of their immediate supervisor, be called to work at their centrally located worksite on their regular telecommute day during their regular work hours to meet workload requirements. Section 7: Temporary Assignments Administration of Temporary Assignments will continue in accordance with St. Lucie County's Human Resources Manual and bargaining unit agreements. A temporary assignment is defined as a temporary assignment of an employee to an existing higher-level classification when the higher-level duties and responsibilities comprise the majority of the work performed. A. Only in the event that an employee is assigned to higher level duties beyond five (5) consecutive days will they be paid temporary assignment pay. Temporary assignment pay is not appropriate where an employee is simply assigned ditferent duties, which are not higher-level duties, or where an employee is simply assigned to work in a different work unit if the work performed there are not higher-level duties. B. Employees may be assigned to perform duties of an equal or lower classification, without reduction in base pay. C. Should a Pandemic Influenza or any pandemic emergency be declared, temporary assignments involving higher pay will continue to be made prospectively but approvals and notification to the employee may be made prior to the commencement of the assignment either via e-mail or using the Temporary Assignment form. If the email process is used, then routing the temporary assignment form will not be required. I. A temporary assignment may be made via e-mail, memorandum or fax only for the duration of the proclaimed emergency. 2. Where an email, memorandum or fax is used: · For an initial request of 3 months or less, the email originates with the employee's supervisor, manager and is emailed to the Department Director or his or her designee. The Director his or her designee may approve or deny the request by simply replying to the email. · For the íirst extension request of 4-10 months, the email originates with the employee's supervisor or manager and is emailed to the Human Resources Director or his or her designee. The Human Resources Director may approve or deny the request by simply replying to the email. · For the final extension request of 11-18 months, the email originates with the employee's supervisor or manager and is emailed to the County Administrator. The County Administrator or his or her designee may approve or deny the request by simply replying to the email. IeI' m F:nlai1 From: Appointing Authority Sent: Date To: [Administrator/ASD Director] Subject: Temporary Assignment During the Pandemic Influenza Emergency Please be advised that effective (date) and continuing until approximately (date) I am requesting approval to assign (employee's name) to a temporary assignment as a (classification) at (range/step), This is the (initial/first extension/final extension) request. (Employee's name) is currently serving as a (hose classification) During the temporary assignment. (he/she) will be responsible for (general statement of duties) for (lOO%/intermittent) of the time assigned, Via a copy of your reply approving this temporary assignment, (employee's name) has been advised that this assignment will not confer any new privilege, right of appeal, right of position, transfer, demotion, promotion or reinstatement that this temporary assignment may be revoked at any time; and that, during the duration of this assignment [employee's name], will be paid at the rate of (pav rate equating to the higher class or 5% ahove the current class }Fhichever is higher) which reflects the higher level duties (employee ',\ name) will be performing. At the conclusion of the temporary assignment, (employee 's name) pay wi II revert to its usual rate. Thank you for considering this request. cc: Department Director Department Human Resources Department payroll staff cc: employee after approval email is received porary Assignment uest and Form 11 The Supervisor making the request completes this form and forwards to the department Manager or the appropriate Human Resources Representative Use this form when requesting a temporary assignment Reclassification.' This form is not to be used in lieu of request for reclassification nor pending reclassification, All temporary assignment requests and/or extensions must have advanced written approval before the employee begins the assignment Extensions are to be requested prior to the end of the special duty assignment PLEASE NOTE: Union contract provisions and practices governing temporary assignment worker pay will continue to apply. If you have any questions as to whether these temporary assignment changes can be made to a particular bargaining unit, please contact your Labor Relations representative. Employee Name: Requesting Department: Department: Requesting Department Manager or Designee Signature: Request Date: Select one appropriate Action: Action o Work is within a higher-level classification/pay range, Temporary assignment tasks comprise a majority of the work performed AND duties do not justify a permanent reclassification, This may be a short backfill (PTO or vacation/sick leave) or proiect-related, 0 Assign as a Lead Worker, Limited supervisory authority exists AND duties do not justify permanent reclassification, (Applicable to represented employees whose contract includes lead worker provision) 0 Backfill a vacancy due to one of the following reasons (check applicable box): o Vacant Position o Medical Disability, as required for reasonable accommodation under the State or Federal law, o Military Duty, or o Project where higher level of work has a definite termination date Backfill is for Employee name: Position number: Select one appropriate Duration: NOTE: Assignments or extensions are prospective, No retroactive compensation will be awarded, unless specified by bargaining agreement Assignment/Extension Dates Duration (Iimted to 1 month increments) Approval Level Required -~ Start (mm/dd/yy) o Initial request - 3 months or less Department Director o 151 Extension - 4 to 10 months HRD Department Director End (mm/dd/yy) o 2nd Extension - 11 to 18 months County Administrative Officer This Temporary Assignment is: 0100% Full-time o Intermittent - Employee is required to submit timecard for all actual hours worked while performing higher- level duties Please note: boxes will expand as necessary Specific Duties and Responsibilities: Extension Justification: To be completed by the Supervisor and verified by Department HR or Payroll staff ---_._-,.~--_._-- Employee 10 Number Base - Current Class Code Base - Current Classification Title . Base -Current Special Duty Temp Duty Class Code Tempi Duty Classification Title , Union Base - Current Plan/Range Base Hourly Rate Current FLSA status / / $ /hr D Non-Exempt (aT eligible) D Exempt . Temporary Assignment Plan/Range/Step Temporary Assignment Hourly Rate Temporary Assignment FLSA status / / $ /hr D Non-Exempt (aT eligible) D Exempt .------- ------...-- -----.------- .--- Temporary Assignment Low Org/Cost Increase % Center # Increase Amt $ : Additional Comments Approval Signattlre,5 0 Denied 0 0 Denied 0 --- Approved Approved 0 Approved, as amended 0 Approved, as amended HR Director Date County Administrator Date p Denied 0 0 Denied 0 Approved Approved 0 Approved, as amended 0 Approved, as amended Department Director Date Date Employee Acceptance all(l Agreement Employee agrees the following terms and conditions were met prior to acceptance of the temporary assignment: Written notification for the special duty assignment (this form) has been provided by the Supervisor, Notification listed the specific duties that will be performed and the duration of the assignment Notification informed employee the assignment will not confer on him/her any privilege, right of appeal, or right of position, transfer, demotion, promotion, or reinstatement to the higher level classification, The special duty assignment may be revoked at any time at the discretion of the appointing authority, By signing, the employee agrees not to perform duties nor receive any pay for the Tempi duty assignment prior to receiving written required approvals, D Accept D Decline Employee Name (print) Date Employee Signature Date cc: Human Resource s Employee Section 8: Volunteer Services During a Pandemic Int1uenza or any pandemic emergency, departments may wish to utilize the services of volunteers. Generally, volunteers are individuals who perform hours of service for the county for civic, charitable or humanitarian reasons. All volunteers must pass a background check prior to reporting for their assignments, A. Departments should first attempt to utilize St. Lucie County employees to perform needed work and then look to volunteers. B. Departments should identify areas where volunteers might be utilized in advance and identify the type of skills that volunteers will need to be useful in that area, Departments should then compile a list of possible volunteers, 1, Departments may be contacted by individuals who want to volunteer but are not needed or do not posses the needed skills. Departments should preplan on how to communicate to such individuals that their offer to volunteer is appreciated but that the department cannot utilize their services. C. Departments may include as volunteers any individual who volunteers to perform services for the depatiment if the following conditions are met: I. The individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perf 01111 the services for which the individual volunteered. The individual must pertèmn services without any kind of promise or expectation or receipt of compensation for the services rendered. 2. Such services are not the same type of services, which the individual is employed to perform for the county's Board of County Commissioners, Individuals may not volunteer to do what they are otherwise paid by the county to do. 3. The volunteer must fill out a St. Lucie County Volunteer Program Application Form, and sign a waiver and release prior to performing volunteer services. D. All employees should submit an updated skill assessment form. This form identitìes additional skills that the employee may possess, which would provide assistance in other areas during a Pandemic Influenza outbreak. ... A Volunteer ¡Services Waiver and Release is attached at the end (~lt/¡is ,\'ection. ST. LUCIE COUNTY VOLUNTEER PROGRAM APPLICA TION FORM Department Requesting Volunteer Ext# Name: Phone: Address: Social Security No.: Employer: Date of Birth: * * Are you under 18 years of age? Yes No Department/Division for which you wish to volunteer: Have you ever been convicted of or pled guilty, no contest or nolo contendere to a crime? Yes _ No_ If yes, give details: Have you ever been charged with a crime and either been placed on a court-ordered probation, had adjudication withheld, or entered a pre-trial intervention program? Yes No I f yes, give detai Is: **************************************************************************** In case of emergency, please contact: Name: Phone: Medical Allergies: Special Medications: APPLICATION CERTIFICATION I hereby certify that all of the facts and information listed on the application are true and complete. I understand that any false, incomplete or misleading information given by me on this application is sufficient cause for rejection. I also understand and agree that any such false, incomplete or misleading information discovered on this application at any time after I am placed may result in my dismissal. I understand that my service in a volunteer position is at the discretion of the Board and can be terminated with or without cause or notice at any time at the option of the County or myself. I certify that I have read, understand and agree with the above. Volunteer's Signature: Date: AUTHORIZATION FORM FOR CONSUMER REPORTS In connection with your application for employment (including contract for services), understand that consumer reports or investigative consumer reports which may contain public record information may be requested or made on you including consumer credit, criminal records, driving record, education, prior employer veritication, workers compensation claims and others, These reports will include experience information along with reasons for termination of past employment. Further, understand that information from various Federal, State, local and other agencies which contain your past activities will be requested, A consumer repoli containing injury and illness records and medical information may be obtained only after a tentative offer of employment has been made. By signing below, you hereby authorize without reservation, any party or agency contacted by this employer to furnish the above mentioned information. You fUliher authorize ongoing procurement of the above mentioned reports at any time during your employment (or contract). You also agree that a fax or photocopy of this authorization with your signature be accepted with the same authority as the original. You have the right to make a request of First Advantage, upon proper identitication and the payment of any legally permissible fees, for the information in its files on you at the time of your request. You hereby authorize and request, without any reservation, any present or former employer, school, police depaliment, tinancial institution, division of motor vehicles, consumer repotiing agencies, or other persons or agencies having knowledge about you to furnish First Advantage with any and all background information in their possession regarding you, in order that your employment qualitications may be evaluated, For California, Minnesota or Oklahoma applicants only, if you would like to receive a copy of the consumer report, ifone is obtained, please check this box. ¡fchecked and you are a California applicant, a copy of the consumer report will be sent within three (3) days of the employer receiving a copy of the consumer repoli, For California applicants only, if public record information about your character, general reputation, personal characteristics, and mode of living is obtained without using a consumer reporting agency, you will be supplied a copy of the public record information within seven (7) days of the employer's receipt unless you check this box where you hereby waive your right to obtain a copy of the consumer report. 0 Print your Name: Street Address: City: State: Zip: Social Security Number: Drivers License State: License Number: Thefòllowing isfor idenlifìcation purposes only to perfÒrmlhe background check: Gender (M or F): Date of Birth (MM/DD/YYYY): Race: Other or Former Names: Professional License: State: Type: Number: Signature: Date: tUN FE SE ES ER D The undersigned, on behalf of themselves and their estate, hereby waives any right of recovery and releases St. Lucie County, their officers, ofÌÌcials, employees and agents, from liability arising from any injury to Undersigned, arising from or out of the Undersigned's activities and participation in volunteer services at the St. Lucie County [INSERT DEPARTMENT AND DEPARTMENT NAME]. The Undersigned further acknowledges and agrees that St. Lucie County does not assume any responsibility whatsoever for any property of the Undersigned and the Undersigned shall not hold the county liable for any loss or damage to same. The Undersigned give their permission to be photographed and have their image used in St. Lucie County publications. Signature: Date: For youth under 18 years of age: (print) has my permission to accept an assignment as a volunteer for St. Lucie County. Signature of Guardian: Date: Section 9: Rescinding of Approved Leave Because the Pandemic Int1uenza or any pandemic emergency may cause signiíìcant staffing shortages, previously approved leave may be rescinded in order to provide staffing coverage for county services. The ability to rescind previously approved leave currently exists in the event of business need, Supervisors, managers and directors should note the following: A. Managers and supervisors shall keep an updated calendar of all approved time off and provide access of that calendar to those in their line of succession. B. Leave and/or paid time. off shall only be rescinded where the supervisor is unable to adequately staff a work unit or project. C. Leave and/or paid time off shall be rescinded as soon as the supervisor believes that a potential staffing shortage will require that the employee report to work, 0, Prior to rescinding previously approved leave or paid time off, the supervisor shall attempt to staff the unit or project through other available means (i.e" seek available staff to volunteer for the work or staff with other available employees or contract workers). E. Rescinding of an employee's leave, which is already in progress, shall be reasonably based upon the employee's ability to report to work. For example, it would be reasonable to require that an employee who is on vacation at home report to work but unreasonable to require that an employee who is on vacation out of the country report to work. F. When rescinding leave and/or paid time off, the supervisor shall have actual contact with the employee to ensure that the employee received the directive to report to duty. Rescission should be made in writing, if possible. For example, an email exchange between the employee and the supervisor or a letter from the supervisor to the employee in which the employee acknowledges receipt is acceptable contact; a message left on an employee's home telephone message recorder is not an acceptable contact, unless the message was left and employee returned the call acknowledging the directive. (Sample of and/or Paid () ff I: a x) From: Sent: To: Subject: Appointing Authority Date . [employee's nwne] Rescinding of Previously Approved (Leave/ Paid Time Off) Please be advised that, the Pandemic Influenza emergency has caused staftìng shortages countywide. Unfortunately, this means that I must rescind my prior approval of your (date of) in order to provide staftìng coverage for (name of work unit). All normal accrual and payment will be made in accordance with existing policy, Thank you for your understanding and your assistance during this diftìcult time. cc: Department director Department Human Resources Section 10: Sending III Employees Home A. If an employee who is staffing operations appears to have symptoms of Influenza at the workplace, supervisors have the authority to require the employee to leave the workplace, As a safety consideration, management should look to the physical well-being of its employees and whether the health of fellow employees is endangered by the health of an ill employee, Such is the case where an employee is exhibiting symptoms of the Influenza because an ill employee may endanger the health of fellow employees. Supervisors should first seek the approval of their manager or director prior to sending an ill employee home. R Supervisors are not to make judgments as to medical diagnosis but may rely on observations of an employee' s symptomology in making a determination to send an employee who appears ill home. Symptoms of tlu in humans may be: · Fever · Cough · Sore throat · Muscle aches · Eye infections (conjunctivitis) · Pneumonia · Acute respiratory distress C. In the event that employees are sent home for symptoms of Influenza, employees may use their sick leave accruals, or previously awarded leave or may request approval for an unpaid absence without leave if sick leave or vacation leave accruals are depleted. With the exception of leave which qualities under family medical leave, any request for a leave of absence without pay for more than 30 days, must be pre-approved by the Human Resources Department Director or designee, D. When the employee's condition improves to the point where the employee no longer poses a health hazard to fellow employees, the employee shall contact his or her supervisor and arrange for the employee's return to work. [:¡nai ror di 111 r'rn p I c) From: Sent: To: Subject: Appointing Authority Date [employee's name] Removal From Workplace - Exhibiting Pandemic Influenza Symptoms During the last [time period r e, few days, several hours] I have observed that you appear ill because you are [list .~ymptoms observed]. I am concerned about your physical well- being, I am also concerned that you may be contagious. In light of these concerns, I am sending you home. You will need to use your sick leave accruaL or vacation accrual, or may request approval for an unpaid absence without leave if your leave accruals are depleted. When your condition improves, please contact me at [supervisor's phone number and email address] and we will discuss your return to work. Thank you for your understanding and I hope that you feel better soon. Section 11: Family Medical Leave St. Lucie County employees may use medical leave pursuant to their current rights under: . Family Medical Leave Act (FMLA) 29 eFR During the Pandemic Influenza emergency, the necessity for supporting employees seeking medical assistance will be crucial. Leave that is not covered under FMLA will be allowed under the terms and conditions previously set forth in the Human Resources Manual, labor agreements or the Pandemic Influenza Response Manual. Section 12: Return to Work Authorization In the event the St. Lucie County Public Safety Director or designee declares a Pandemic Influenza emergency, the following procedures will be in effect for the duration of the emergency. Returning from Leave: In the event that an employee is ready to return to work from a leave (paid, unpaid, or military) the following procedures shall apply: A. The employee who is ready to return hom leave shall contact his/her supervisor (or a person acting in his/her capacity) for instructions on when and where the employee should return for assignment, provided an assignment is available prior to the day that the employee proposes to return. Contact shall be made in the manner deemed appropriate by the work unit. B. The supervisor shall inform the employee as to whether or not the employee's return to work is authorized. If it is authorized, the employee should be informed of his/her work location (or whether the employee will be assigned to work from a remote location or telecommute), work schedule and shift, and specific work assignments, if different from the employee's regular assignment. C. In administering this section, medical certifications may not be required. D. After the emergency, the requirements for the employee to provide a medical release/return to work verification form from a health care professional will be restored, unless otherwise notified by the employee's supervisor. Section 13: Shared Sick Leave Donation 1. An employee eligible for leave benefits may donate a portion of his or her accrued sick leave to another employee to be used during a pandemic emergency. This benefit is outlined in Section 3.10 of the Employee Handbook. Such donation will occur upon written request to and approval of the donating and receiving employees' department director(s) and final approval by the County Administrator or designee, 2. The number of hours donated sball not exceed the donor's accrued sick leave as of the date of the request. No donation of sick hours shall be permitted where it would cause the donor to have less than fourteen accrued (14) sick leave days after the donation of sick leave, 3. Donated Pandemic Influenza sick leave hours mllst be used during the Local State of Emergency for Pandemic Influenza, 4, Donated hours must be used during the Local State of Emergency for Pandemic Influenza. Donated hours not used during this period shall revert to the donor. C. Donation of sick leave is strictly voluntary. Employees are prohibited from soliciting, offering or receiving monetary or any other compensation or benefits in exchange for donating sick leave hours, SHARING SICK LEAVE PROGRAM DONATION FORM Name: Employee ID# Department/Division: Employee donating sick leave must have over fourteen (14) days sick leave accumulated and maintain fourteen (14) days after the donation. Number of Hours Donated: Donated To: Department: Employee ID# (for HR use) I understand that my donation is voluntary and that my sick leave balance will be decreased by the amount contributed. I understand this donation may affect the payment of sick leave upon retirement or resignation. I understand any donation of sick leave is irrevocable and cannot be returned to me nor can I file a grievance for the return of any sick leave donated. Employee Signature Date I certify the above-named employee has over fourteen (14) days of sick leave and that balance will not be below tourteen (14) days after the donation. Current Sick Leave Hours Accrued: Human Resources Department Date Approved: Depaliment Director Date County Administrator or Designee Date Note: Employee receiving donation must have exhausted all individually accrued sick/vacation leave and completed 6 months of employment with the County, The maximum number of work days which can be drawn by an employee during his/her employment is 240. Employees are limited to 120 work days tor one period of absence in a 12 month period. Section 14: Facility Closure / Reduction in Force Administrative offices and St. Lucie County operations will remain open during emergency situations that do not pose an immediate life, health, or safety risk to its occupants unless directed otherwise by the County Administrator. Because of potential staffing shortages, employees may be deployed to provide support for varied county operations in alternative worksites and should expect to come to work. In the case of closure of specific otììces, employees will be sent home as a last resort. Should employees be sent home, payment of wages to employees will be made in accordance with the established processes under The St. Lucie County Human Resource Manual or applicable Bargaining Agreement. A. If the shutdown extends for more than one week and is anticipated to be closed for then two weeks or greater, the status of displaced workers may be reviewed by the County Administrator to determine whether a reduction in force due to either lack of funds or lack of work is in order. This applies to affected employees who are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) (as well as hourly employees who are not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). 2. Employees who, prior to a facility closure, have previously requested and have been approved for time off (e.g., vacation, sick leave, leave of absence) will have hours deducted from their accruals as approved in accordance with established policies. 3. Temporary/On call, part time employees will be paid only for hours actually worked during a facility closure. 4. Employees designated as Essential Personnel who are unable to report to work will have their time charged to vacation, sick or leave without pay unless the County Administrator determines that regular pay is warranted and waives the charging of the time missed. 5. If the facility closes after the start of an employee's shift, employees who are scheduled to report to work but do not report to work and do not contact the appointing authority or designee prior to a facility closure are considered to have been absent without leave and will be subject to leave without pay for the full day. However, the County Administrator may at his or her discretion authorize the use of vacation, sick time for the absence as individual circumstances warrant. B. When the County Administrator during the work day orders employees to leave the premises because of safety concerns, employees (regular, probationary and temporary) scheduled to work will be paid for the normally scheduled work day. C. Departments should make every reasonable effort to allow employees who have reported to work to check on the status of their families, providing that doing so does not compromise emergency response functions. Section 15: Discipline - Conduct, Including Unauthorized Absences St. Lucie County's commitment to public service will be the cornerstone to holding the function of our community together. In order to fultìll service to the public, all able employees are expected to report to work and perform duties, unless directed otherwise. Unfortunately, there may be occasions during the emergency when employee misconduct or unexcused absenteeism arise and need to be addressed, In some cases. that will mean that discipline is appropriate. A. Disciplinary Action, in General: The type and level of disciplinary action will be determined by the nature and severity of the behavior and/or performance deficiency that led to the disciplinary action in accordance to the St. Lucie County Code of Workplace Conduct. Prior to proposing or implementing disciplinary action, managers and supervisors should first consult their department Director and Human Resources. These persons may assist the department in a review of pertinent facts and decisions regarding when and if to process disciplinary action. Disciplinary action will follow the established procedures as identitìed within the St. Lucie County Code of Workplace Conduct and Collective Bargaining Agreement. Section 16: Communication and Consistent Messaging One of the key elements in responding to any disaster, including a Pandemic Influenza or any pandemic emergency, is effective and timely communication. St. Lucie County departments must plan their internal communications strategies now, before the crisis. Sound and thoughtful communications will be required before, during and after Pandemic Int1uenza or any pandemic emergency, This section provides guidance on internal communications planning and strategies. When communicating to their employees, departments should coordinate closely with the County Administrator and the County Public Information Officer to ensure that countywide messages align. A. Understanding the core values of communications is a fundamental goal of the county's response to a Pandemic Int1uenza emergency, This goal is to provide clear, consistent, candid communications to employees and agencies, This goal applies to communications at every level, tì-om the County Administrator's Office to departments. B. As departments contemplate and develop communications, they should adhere to these guidelines: · There will be a great demand for accurate and timely information that will provide guidance and ease anxiety. There will be a need to build and maintain trust. · Know your stakeholders, and develop a communications strategy for each one. Different types of information will need to be communicated to different audiences. · Basic messages may change over the duration of the emergency. Departments will need to develop a phased communications plan that can be partially or fully implemented as needed. · There may be a need to counteract the circulation of cont1icting information, misinformation and rumors. C Assessing department communications resources and needs -- Before a potential Pandemic Influenza or any pandemic emergency strikes, departments shall assess their communications strengths and weaknesses. 1. Communications resources . Determine whether adequate human resources are available during all phases of a Pandemic Int1uenza or any pandemic emergency. Remember, a Pandemic Influenza emergency may last for several months. Departments must ensure that they will have the people available to implement a sustained communications plan. Prepare for resource contingencies by training extra staff for emergency communications responsibilities. · Identify and communicate to others, which employees have authority to communicate directly with employees. · Communicate which employees who have authority to issue news releases or communicate with the media, · Schedule crisis communication training for all employees who will have a communications role. · Establish procedures that will ensure technology such as networks and servers are readily available, tested, and backed up. Ensure access to laptops; fax machines, and other hardware for appropriate personnel. Provide risk communications priority over standard business use. 2. Communications needs · Develop and regularly review a Pandemic Inf1uenza emergency communications plan. · Develop policies to implement the communications plan and to deploy resources during a Pandemic Influenza emergency. · Familiarize key management with available communications resources. · Prepare basic templates and other communications materials in advance, and update them during a Pandemic Influenza emergency as needed. · Monitor the effectiveness of communication messages, vehicles, and timing and refine them as necessary. C. By educating your employees through early and ongoing communications, departments can reassure their employees and assist in protecting their health. 1. The county and departments should tell employees about the threat of a Pandemic Inf1uenza emergency, and describe the steps they are taking to prepare for it. 2. The county and departments should communicate potential changes to personnel policies located in this manual in response to a Pandemic Inf1uenza emergency and must emphasize that these changes apply only to the emergency response, not for routine operation. 3. Departments should communicate changes in business culture in response to a Pandemic Influenza emergency. Changes may include social distancing, increase in telecommuting or suspension of non-essential functions. 4. Departments should communicate the importance of staying home if employees are ill or have Pandemic Influenza symptoms. 5. Departments should distribute practical information on maintaining a healthy work environment. For example, the Department of Public Health and the Centers for Disease Control provide materials that demonstrate the simple steps employees can take to protect themselves and their families. Materials are also available that illustrate good respiratory hygiene and describe the signs and symptoms of the flu. Here is an informative website with numerous links on the subject; www.stluciccohea!th.com. Departments should recognize that a Pandemic Influenza or any pandemic emergency might provide physical, social, and emotional challenges to employees. Morale building communications will be essential. D. In order to maintain business continuity and to ensure efficient communications, departments should: L Identify and communicate the department's critical functions and the employees who can perform them. Build depth through cross training, Keep in mind that absentee rates may top 25-30%, so build in the redundancy necessary to ensure that essential work will be done. 2. Ensure that authority (such as hiring or purchasing) is delegated to appropriate employees and that such authority is fully communicated. 3. Update employee phone lists and make sure management has access to up- to-date data. 4. Ask employees to update their emergency contact information. 5. Develop a list of union business representatives and provide that list to directors, managers and supervisors. 6. Ask for feedback and plan for disability accessibility requirements that may be necessary due to a Pandemic Influenza or any pandemic emergency. These requirements may include additional disability access services or translation services. 7. Ensure that essential reporting can be maintained. For example, departments should make sure that staff absenteeism could be monitored and reported. E. When developing a communication plan, departments should identify their key internal stakeholders and the methods that will be used to communicate with them. For most departments, these stakeholders will include: 1. Employees. As detailed earlier in this section, departments must establish on-going and frequent communications with employees. Plan to implement two or more communications methods which may include an Internet web site, central telephone number with pre-recorded information. central telephone number staffed by informed communications personnel, e-mails or hard copy (print) materials. 2, Department management. Departments will need to communicate business continuity issues and changes to policies and procedures. Again, plan to implement two or more communications vehicles to ensure the messages are received. 3. County leadership. In addition to the "business as usual" communications required, departments may need to provide the County Administrator's Office or other departments with a record of decisions made during a Pandemic Influenza or any pandemic emergency and other information such as employee absence rates. F. When developing a communication plan, departments should identify their key external stakeholders and the methods that will be used to communicate with them. For most departments, these stakeholders will include: 1. Labor representatives. Departments should work with their labor leadership and must establish on-going and tì-equent communications with labor representatives. Plan to implement two or more communications methods which may include an Internet web site, central telephone number with pre-recorded information, central telephone number statled by informed communications personnel, e-mails or hard copy (print) materials. 2. The public. Departments and agencies will need to communicate business continuity issues and changes to policies and procedures through the County Public Information Office. Section 17: Employee Assistance Program Should a Pandemic Influenza or any pandemic emergency occur, referral to the St. Lucie County Employee Assistance Program (EAP) may be recommended to address personal problems that interfere with work performance. In particular, a crisis such as a Pandemic Influenza may cause stresses that compromise the effective functioning of a work unit. Further, there may be a need for "Critical Stress Debriefing Sessions" to assist a work unit with particular problems or traumatic events. It is recommended that referral appointments to EAP during a Pandemic Influenza or any pandemic be allowed during regular working hours during the course of the emergency even if the department does not normally allow use of work time for such appointments, as long as this does not interfere with the operations or functions of the workplace. A. Employee Assistance Program (EAP) The EAP is a service provided through the Human Resources Department for all county employees, regardless of benefits eligibility or career service or temporary employment status. The program's primary purpose is to assist employees and managers with personal problems that are interfering with work performance. 18. Stockpiling of Inventory During a Pandemic Influenza or any pandemic emergency, disruption of the world economy may occur. To what degree is not know, however, Centers for Disease Control and the World Health Organization predict major interruption in manufacturing and transportation of goods. An essential part of good planning is anticipating shortages and making arrangements in advance for stockpiling of inventory. At the time of writing this manual there is not a budget for unanticipated expenses for Pandemic Influenza Planning. County Administration is reviewing options for such preparation where departments could purchase inventory. Now is the time for each department to start identifying essential services that must continue during a Pandemic Influenza Emergency and begin stockpiling resources to meet anticipated demand. This exercise will additionally prove beneficial during other type emergencies such as hurricanes. A. Each department director will ensure inventory lists are available that record materials, supplies and equipment required to provide essential services for a period of no less then 90 days. If needed materials are routinely difficult to secure larger inventories should be considered. B. Each department will have adequate storage space for added inventory. Concern has been raised of increased criminal activity during a Pandemic Influenza or any pandemic emergency. A Security Plan for all county facilities will be developed to protect county resources. C. Each department will prioritize essential workloads when expending limited inventories to guard against loss of goods with minimal ability to replace in a timely manner. D. Purchasing Division will develop expanded vendor lists that could be used during the emergency to secure required materials and supplies 19. Personal Protective Equipment (PPE) and Workplace Safety The single most important resource available to St. Lucie County is its people, Pandemic Int1uenza or any pandemic is extremely contagious and protection fì'om the virus in the workplace is every employee's responsibility. Transmission of the Int1uenza virus is through droplets when a sick person coughs or sneezes. Droplets typically do not travel farther then 3 feet from the sick person. Following simple rules and using common sense during the emergency will greatly reduce the potential of becoming sick. In the workplace the following actions will occur to protect both staff and customers: o Hand washing station with waterless sanitizer will be located at each public entrance and outside each public bathroom in all county buildings o Each department will have waterless sanitizer available on counters o Handshaking should be curtailed during the emergency o Maintain at least three (3) feet distance from another person o Exercise cough and sneeze etiquette (cough and sneeze against your closed elbow or in your armpit and away tì'om another person) o Avoid face-to-face contact. In the event this is not possible protective masks will be made available. o Use of gloves by those employees handling paperwork directly from the public o Group meetings should be limited and the room will be set-up to offer the maximum distance between attendees o Offer váccines to employees and allow liberal leave for those individuals that wish to have the inoculation when they become available. Pamh:mic Flu Planning hccldist for I ividu and Famil (from the Department of Health and Human Services) You can prepare for an influenza pandemic now. You should know both the magnitude of what can happen during a pandemic outbreak and what actions you can take to help lessen the impact of an influenza pandemic on you and your family. This checklist will help you gather the information and resources you may need in case of a flu pandemic. 1. To plan for a pandemic: Store a supply of water and food. During a pandemic, if you cannot get to a store, or if stores are out of supplies, it will be important for you to have extra supplies on hand. This can be useful in other types of emergencies, such as power outages and disasters. II Ask your doctor and insurance company if you can get an extra supply of your regular prescription drugs. I Have any nonprescription drugs and other health supplies on hand, including pain relievers, stomach remedies, cough and cold medicines, fluids with electrolytes and vitamins. Talk with family members and loved ones about how they would be cared for if they got sick or what will be needed to care for them in your home. I_~ Volunteer with local groups to prepare and assist with emergency response. Get involved in your community as it works to prepare for an influenza pandemic. 2. To limit the spread of germs and prevent infection: I Teach your children to wash hands fì"equently with soap and water and model the correct behavior. Teach your children to cover coughs and sneezes with tissues and be sure to model that behavior. Teach your children to stay away from others as much as possible if they are sick. Stay home from work and school if sick. 3. Items to have on handfor an extended stay at home: Examples of food and non-perishables Ready-to-eat canned meats, fruits, vegetables and soups Protein or tì-uit bars Dry cereal or granola I Peanut butter or nuts Dried fì"uit Crackers I Canned juices Bottled water Canned or jarred baby food and formula Examples of medical, health, and emergency supplies I Prescribed medical supplies such as glucose and blood-pressure monitoring equipment Soap and water or alcohol-based hand wash Medicines for fever, such as acetaminophen or ibuprofen LJ Thermometer LI Anti -diarrheal medication [I Vitamins Fluids with electrolytes LJ Cleansing agent/soap Flashlight Batteries Portable radio [] Manual can opener Garbage bags II Tissues, toilet paper and disposable diapers ~ AGENDA REQUEST ITEM NO. e DATE: January 23, 2007 REGULAR [X] PUBLIC HEARING [] CONSENT [] SUBMITTED BY (DEPT):Administration TO: Board of County Commissioners SUB1ECT: Joint Utility Task Force Update BACKGROUND: See attached memorandum FUNDS AVAILABL~: N/A PREVIOUS ACTION: Commissioner Craft and Doug Anderson were appointed by the Board as the County Representatives on the Joint Utility Task Force RECOMMENDATION: Staff and Commissioner Craft will present an update to the Board on the Joint Utility Task Force ~ APPROVED [] OTHER: [] DENIED COMMISSION ACTION: Approved 5-0 Do as . Anderson County Administrator 8 Review and Approvals County Attorney: Management & Budget: Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 , COUNTY ADMINISTRATION MEMORANDUM 07-05 FROM: Board of County commA~ Douglas M. Anderson'wounty Administrator TO: DATE: January 23, 2007 RE: Joint Utility Task Force Update As you know, the Board appointed Chris Craft and myself to the Joint Utility Task Force. Also attending those meetings representing the County is Laurie Case, Utility Director. The purpose of this agenda item is to provide the Board with an update of the Task Force. South Florida Water Management District has formulated a Master Plan which is in the process of being finalized. Attached is a map of the Utility Sub-regions. Also attached is a Draft Issue Identification and Process Schedule which was handed out at our last meeting of December 11 tho It should be noted that the tasks that appear under Paragraph V will obviously have to be adjusted. Commissioner Craft and myself will be providing the Board with further information at the Board meeting regarding where we are at in the process. DMAlab 07-05 c: Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Laurie Case, Utility Director Attachments a~þ þ'æ /-:d Draft ISS¿ identification and Process Schedule / );/1,1 t/V/ )rfð I. Fort Pierce Utility Authority BACKGROUND The Fort Pierce Utility Authority ("FPUA") is a community-owned utility which provides electric, water, wastewater, natural gas, and internet services. The FPUA was created in 1972 pursuant to Ord. No. F-399, and was passed via referendum held on May 30, 1972. The FPUA is a part of the City ofFt. Pierce ("City"). The powers and duties of the FPUA are contained within Article XII ofthe Fort Pierce Charter. AUTHORITY TO EXPAND SERVICES Article XII grants the FPUA exclusive jurisdiction to control and manage the utilities of the City and all of its operations and facilities. The FPUA has all the powers and duties possessed by the City to construct, acquire, expand and operate utility systems. However, this power is not unchecked, and Article XII outlines FPUA activities which require City Commission approval. An example of FPUA action requiring City Commission approval is the expansion of facilities or services outside ofthe city. Under Article XII of the charter, the FPUA shall have the power to supply water and other utility services to corporations and individuals both inside and outside the City and charge reasonable rates1; but the FPUA must obtain City Commission approval to validate any extensions of facilities or services outside of the City? Therefore, any expansion involving the FPUA as a means to provide water regionally must factor in the the consideration and approval of the City Commission. RATE INCREASES Rate changes are subject to approval by the City Commission. Art. XII Section 176 (6). BUDGET The FPUA must present an annual budget to the City Commission. The City Commission may not increase any amounts designated by the budget. However, the City Commission may exercise a line item veto of expenditures in the budget. Art. XII 1 The FPUA is responsible for establishing rates. The charter staté~ "the'auÌhørity may charge a different rate but not a lesser rate for such consumers than is charged for a like class of custòmers within the corporate limits of the city." Article XII Section 176. See also Art. X Section 143 which provides similar power to the City under Article X. 2 The charter outlines the criteria evaluated by the board. The board may only extend services if a surplus of present capacity exists and present facilities and services and future expansions within the city limits will not be impaired. Article XII Section 176. Section 176 (12). The City receives six (6) percent ofthe FPUA's gross revenues. Art. XII Section l78(c). GOVERNING BOARD Pursuant to Article XII section 170, the FPUA shall consist of (5) members; four members are appointed by the City Commission and the City Mayor serves as the fifth member. Appointees by the City Commission must be a qualified electorate ofthe City and may not hold any other public office. Members may be removed from office by the City Commission for malfeasance, misfeasance, or nonfeasance in office, or upon conviction of a felony. Members serve a tenu of four years and may not serve more than (2) consecutive tenus. Existing Interlocal Agreement The Interlocal Agreement entered into between the FPUA, the City of Fort Pierce, and St. Lucie County ("County"), provides that the FPUA has the authority to provide water services in Service Area A (See Exhibit #1 of the Interlocal Agreement). The County will not provide water in Service Area A without FPUA consent and the FPUA will not provide water in Service Area B without the County's consent. The FPUA may provide bulk water sales to the County consistent with the "Bulk Service Agreement" (See Exhibit #4 ofthe Interlocal Agreement). The "retail" customers in Service Area A are subject to the City's annexation agreement while the "bulk" customers are not subject to any annexation conditions.3 Under the Bulk Service Agreement, any party may tenninate the agreement so long as they provide 15 years ofnotice.4 If the City and County regionalize, FPUA would not have to prepare for potentially a large percentage of its customers withdrawing in 15 years. The FPUA would be able to more accurately project the water needs of its service area under a regional approach and establish a master plan for future expansion based on demographic demand and not contracted demand that may decrease over time. Changes to the FPUA would require modifications to the City's charter which can only be modified by referendum. There is concern that this process could be opened up further subjecting the FPUA to other changes. However, the City Commission controls the amendment process since it must propose and approve the amendment in order for it to be placed on the ballot for a vote. II. ST. Lucie County A Joint Utility Task Force ("JUTF") recommended rolling all county utilities into the FPUA. The FPUA would assume the debt of St. Lucie County Utilities (as of now 3 If regionalization occurs, the distinction between "bulk" and "retail" will disappear. Thus, a legal issue which must be addressed by the city attorney is how to amend the annexation agreement so it complies with the law. 4 Bulk Sales Agreement, ~ 9 the revenue exceeds the debt but the utility is run on a not for profit basis). One issue that will have to be resolved is the level of county representation on the FPUA Governing Board. Another is the level of revenue the County could receive of service provided in the County areas. The existing Interlocal Agreement provides for six percent of the gross revenues of the sales in Service Area B. (See Exhibit 1 of the Interlocal Agreement). ST. LUCIE COUNTY UTILITIES5 History The current St. Lucie County Utilities organized in 1994. St. Lucie County Utilities has established water and wastewater utility service areas on North and South Hutchinson Island and in the Mainland North County areas. On North Hutchinson Island, St. Lucie County Utilities provides potable water to all developed units. St. Lucie County Utilities owns and operates the North Hutchinson Island water distribution system and purchases water from the FPUA through a master metered interconnect. St. Lucie County Utilities also provides wastewater service to approximately 70 percent of the developed units on North Hutchinson Island. The St. Lucie County Utility service area on South Hutchinson Island extends from the Fort Pierce municipal boundary south to the Martin County boundary, and provides wastewater service to all the developments on the island with the exception of the Island Dunes development complex. In the North County utility area, St. Lucie County Utilities owns and operates the Holiday Pines water treatment facility and wastewater treatment plant. These facilities were acquired by St. Lucie County Utilities from the Holiday Pines Service Corporation in 1999.The Holiday Pines service area includes the Holiday Pines subdivision and some commercial and residential areas fronting Kings Highway and Indrio Road. Other St. Lucie County Utility water facilities in the North County area include a water treatment plant and wastewater plant serving a portion of the Lakewood Park Subdivision and limited water distribution facilities serving the St. Lucie County Airport. With the exception of these facilities, water service in the North County area is provided by private wells. III. CITY OF FORT PIERCE The consolidation would provide additional financial assistance to the City for financing water supply facilities (See Sections 8.1 & 8.2 of FPUA Summary Master Plan). Additionally, every advantage to the FPUA should also be characterized as an advantage for the City. Additional level of certainty will have to be developed for the 5 The actual name of the County's utility is "St. Lucie County Utilities". annexation area addressed in the existing Interlocal Agreement since under a regional approach, the FPU A distinction of retail customers and bulk customers will no longer exist. The City's annexation policy currently relies on this distinction, therefore a new method will have to be created. The composition and selection ofthe FPUA Governing Board will be changed to accommodate the new participation by the County. This will require a referendum of the citizens ofFt. Pierce. The increase of the size and economies of scale should benefit the FGUA. Certainly, the more immediate sale of water that is current unused capacity will provide economic benefit to the water system which should reduce some cost associated with the integration of the utility systems. IV. OBJECTIVES OF THE PARTIES 1. Regionalization of utility system to achieve greater efficiencies, State funding and District support for water supply projects. µ--4'ðb 2. To develop an institutional framework for water supply and wastewater treatment facilities integration for the FPUA and St. Lucie County Utilities systems. 3. Provide safe drinking water and wastewater treatment at the lowest costs to the public while protecting the natural resources the community relies upon for its well being. 1/8ú~-' JJ --- i( ,e$~,-r:;J ~.~. v. SCHEDULE OF TASKS January- February committee meetings (5 meetings potentially Jan 8,15,~ Feb 12,26) , Negotiation and drafting of the new Interlocal Agreement that will supercede and replace the existing Interlocal Agreement and will address the at least following issues: Representation ofthe parties on the FGUA Board and member selection process The detennination of the system costslbudget process -Concept of a unified utility with common rates -Division of costslbudget and corresponding rates by jurisdiction or system division or proposed six service areas Utility system valuation for potential merger Financing methods for potential acquisition of County facilities and accounting for the rate process Wastewater treatment plant master plan and potential relocation City annexation solution Prepare for referendum filing for April Vote on the modification to the Charter Early March Hold a joint Meeting of the City and County to workshop draft Interlocal Agreement and address any outstanding negotiation issues unresolved. March 12 committee meeting Finalize Interlocal Agreement to comport with mandates generated at the joint meeting Late March The City Commission and the Board of County Commissioner and the Board of FPUA consider and vote on the Interlocal Agreement. April City Charter referendum is held to modify the FPUA to reflect the Interlocal Agreement BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDmSON October 2, 2006 Senator Bill Nelson United States Senate Hart Senate Office Bldg., Room 716 Washington, DC 20510 Re: Treasure Coast Utility Systems Dear Senator Nelson: St Lucie County and the City of Fort Pierce are having ongoing discussions and studies regarding the future removal of the Fort Pierce Utilities Authority's (FPUA) Wastewater Treatment Plant (WWTP) from South Hutchinson Island, and regionalization of the St. Lucie County Utilities with FPUA. Regarding removal of the WWTP, I am providing you with a November 2005 report presented by CH2M Hill outlining the cost of removing the island plant Regarding the regionalization of the two utilities, I am providing you a copy of a March, 2006 PowerPoint presentation to the Board of County Commissioner that includes a mission statement, goals, and objectives that was assembled and presented by the Utilities Task Force. This Task Force consists of representatives from the County, the City of Fort Pierce and FPUA to look at regionalization and other utility issues. As we receive additional information regarding these projects we will be forwarding it to your office. (tn.ank you for your efforts on behalf of the Treasure Coast ~ ~)I- D uglas-1\J¡. Anderson County Administrator DMA/ab 06-163 c: Board of County Commissioners Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Laurie Case, Assistant Utilities Director Howard Marlowe, President, Marlowe & Company Attachments -.J5EPH t. )MITH l.)lsrrlcr- Nu "DOLKl COWArJ:, DlsHlct I\~c..:' . PAUL.Ä t" LE\J,/L~. UISnlC.! j\( "; .. ¡'T\ANI~i[ HUTCHIN5CH~ DI5ir1~-¡ "-I' (.l-If\[, Cf\,L,F-:- ulsrr:cr ',~C1U(n'" ,\dmlnl.':,rroro' [)()UÇlIO", t/\ .L\noer:':;(ì' 2~)OC P\venu~' c, Fori P'le:-c,= F~_ ~L1Q'~I~> 56~;~' , Phor'~"? (77= j ~-é¡~,_'-I.d 5C' .' TD[) 77r ár:~,~ì__'L~:2; ¿'"(:"~'- -1 c¡,;4~_ (!?î(10' (j _;. ~,T -I U (J~' . i i \i\f-:: - BOARD OF COUNTY (:OMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M, ANDEP50N June 16, 2006 The Honorable Mel Martinez U.S, Capital Office 317 Hart Senate Office Building Washington, D.C. 20510 Re: Treasure Coast Utility Systems Dear Senator Martinez: This is a follow-up to Commissioner Craft's May 18th letter discussing the future removal of the Fort Pierce Utilities Authority's (FPUA) Wastewater Treatment Plant 0NWTP) from South Hutchinson Island, and the ongoing discussion of regionalization of the St Lucie County Utilities with FPUA. Regarding removal of the WWTP, I am providing you with a November 2005 report presented by CH2M Hill outlining the cost of removing the island plant. Regarding the regionalization of the two utilities, I am providing you a copy of a March, 2006 power point presentation to the Board of County Commissioner that includes a mission statement, goals, and objectives that was assembled and presented by the Utilities Task Force. This Task Force consists of representatives from the County, the City of Fort Pierce and FPUA to look at regionalization and other utility issues. As we receive additional information regarding these projects we will be forwarding it to your office. Once again, thank you for your efforts on behalf of the Treasure Coast. '71 Douglas M. Anderson County Administrator 06-1 00 Enclosure c: Board of County Commissioners Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Laurie Case Assistant Utilities Manaaer 1 . DOUG COWARD. Distrlcr No 2 . PAULA A. LEWI~[j,srrícr No, J . Fr\ANNIE HUTCHINSON. D,srrlct No.4· CHf'-I5 Cf'-AFT, Dlsrrlcr No. ~, County Admlnisrraror - Douglas M, Anderson QSEPH E SMITH, Distrlcr No 2300 Virginio Avenue . Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 II TDD (772) 462-1428 FAX (772) 462-1648 · emoil: dougo@co,st-lucieJI.us web site: www.co.st-lucie.fLu5 BOARD OF COUNTY COMMISSIONERS '¡""~T-;'f:iÊl'et"~······· COU NTY ,~, FLORI D A CHRIS CRAFT COMMISSIONER ~\J May 18,2006 The Honorable Mel Martinez U.S. Capital Office 317 Hart Senate Office Building Washington, D.C. 20510 RE: Treasure Coast Dear Senator Martinez: It was a pleasure meeting with you again on your visit to the Treasure Coast recently. I would like to thank you for your passion on the environment, and particularly thank you for your work with the Water Resources Development Act. As I mentioned to you while you were here, I am trying to accomplish two things where you may be able to help me. Although both projects are intimately connected, they are truly two different projects. The first project is the removal of the waste water treatment plant from the barrier island. You may remember having seen this facility as you traveled to your press conference. The benefit of this removal will impact the citizens in multiple counties and also help with reducing the risk of a spill into the Indian River Lagoon. Currently, the project involves St. Lucie County, the Fort Pierce Utilities Authority, the City of Fort Pierce and the South Florida Water Management District. The projected cost for removing the facility and replacing that capacity on the mainland, which will include some re-plumbing ofthe existing facility, has been estimated at $250 million. The second related project involves the combination of two utility systems in St. Lucie County. The South Florida Water Management District has made this one of its goals, and ultimately, we hope to have a regionalized utility service that crosses county lines. However, we are taking the first baby steps towards making that happen. St. Lucie County has its own utilities company and the City of Fort Pierce has their Fort Pierce Utility Authority. It is the stated goal of all parties to have these two utility authorities combined in some form such that we maximize both the use and reuse of our water resources. The South Florida Water Management District has already committed $100,000 of this year's budget towards this project. JOSEPH L SMITH, District No, 1 . DOUG COWARD, District No, 2 . PAULA k LEWIS, District No,:3 . FRANNIE HUTCHINSON, Dis t; 17 0 5 2300 Virginia Avenu~":~ ;~~';;:~~~: ~~o;~~;_o;~,;; · (772) 462-1· 8 ItA; ; 8-2'·O,c-Or§'&cll~j Ii ' FAX (772) 462-2131 · TOD (772) 462-1428 _ ...... .____~ul www.co.st-luCle.fl.us CO A[)' "f" 0 '~I'~. FFICEj The Honorable Mel Martinez May 18,2006 Page 2 I have asked on' County Administrator to rovide ackup information on these two roO ects in the next 30 . Your assistance and direction on acquiring federal funds towards the above-mentioned projects would be greatly appreciated. Again, thank you for your efforts on behalf of the Treasure Coast and I look forward to hearing from you soon. cc: Board of County Commissioners Doug Anderson, County Administrator Ft. Pierce City Commission Ft. Pierce Utility Authority -'(\~, -_....-~~ . . .. . l ... ~ .. L L ¡ .. .. ... ., TECHNICAL. MEMORANDUM CH2MHILb,;,.. :'.~-~::'~~~~-~".. Executive Summary Master Plan PREPARED FOR: Fort Pierce Utilities Authority PREPARED BY: CH2M HILL DATE: November 15, 2005 164667.ER.Ol PROJECT NUMBER: 1.0 Purpose . This document provides an Executive Summary Master Plan that presents alternatives to meet wastewater infrastructure needs for anticipated population growth over the next 20 years for the Fort Pierce Utilities Authority (FPUA). It also provides planning alternatives for meeting growth projected for the FPUA service area alone, as well as provides alternatives for meeting growth within the urùncorporated areas of St. Lucie County (SLC) together with FPUA. In addition, the Executive Summary Master Plan examines these infrastructure needs consideril'\g scenarios of decommissioning the existing Island Water Reclamation Facility (WRF) for other public uses. 2.0 Population/Wastewater Flow Projections Population projections from the updated FPUA Utilities Master Plan were used to estimate future population to be served within the existing FPUA service area for the planning period. Population growth within the northern and western area of SLC was projected from growth already experienced within the area served by FPUA. Historical growth rates and patterns were used to estimate the population of the SLC service area that may be jointly serviced. A per capita annual average flow rate of 142 gallons per day (gpd) per person was determined from an evaluation of historical per capita wastewater flow rates at FPUA's Island WRF for the period from 2000 to 2004. This per capita flow rate was applied to the population projections to estimate future annual average day flows (AADF). Historical peaking factors were then applied to the AADF to estimate the maximum month average day flow (MMADF), maximum day flow (MDF), and peak hour flow (PHF) for planning purposes. The historical ratio of MMADF was 1.92 and AADF was 1.35. Population and flow projections are shown in Exhibits 1 and 2, respectively, WP831 0127161 001 ,00C/05319OO0' CQPYRIGH12005 BY CH2M HILL II'~::' ,COMPANY CONFIDEHTli" EXECUTIVE SUMMARY MASTER PLAN 40,000 160,000 140,000 120,000 100,000 c: o '" Š eo!ooo Q. o ~ 60,000 20,000 o 2000 2005 2010 2015 2020 2025 Year EXHIBIT 1 Projected Population 01 FPUA and SLC Service Areas ¡. 30.0 ¡,. OSI lUCIE COUNTY WlCURRENT FPUA SERVICE AREA 25,0 7,9 50 0,0 20.0 D c.:J :; ~ 15.0 o ..J .... 10,0 2000 200:;, 2010 2015 2020 2025 0,0 YEAR EXHIBIT 2 Predicted FPUA and SLC SetVlce Area Demands: Maximum Monthly Flow (mgdl WPB310i 27161 001.00CI0531 9000: COPYRIGHT 2005 BY CI12M HilL INC' COMPÞNY CONFlDENTI!',' I · · · ., t ¡. L L L. t ~ .. ... EXECUTIVE SUMMARY MASTER PLAN 3.0 Identification of Alternatives There are two wastewater infrastructure planning alternatives to meet the population growth needs of the FPUA service area or in combination with the unincorporated area of SLC, north and west of the FPUA service area. . Alternative 1 _ Constructing facilities to provide wastewater treatment services for the FPUA service area only (including current SLC Bulk Services Agreement through 2012). . Alternative 2 _ Constructing facilities to provide wastewater treatment services for FPUA and SLC service areas. Exhibit 3 shows SLC at large and the service areas for FPUA and SLC, as well as the Port St. Lucie service area. In addition, this Executive Summary Master Plan examines the development of wastewater treatment that would provide for water reuse in the unincorporated area of SLC and partial reuse within the FPUA service area. The following sections describe the wastewater treatment needed to meet these process objectives in planning infrastructure needs for FPUA and unincorporated area of SLC. 4.0 Alternative 1 - FPUA's Options Based upon population growth projections and scenarios for decommissioning the Island WRF, there are several options that are feasible for Alternative 1, which are summarized in Exhibit 4. All alternatives construct a new Mainland WRF, but, depending on the timing of the decommissioning the Island WRF, the size of the plant varies. A site on Glades Cut-off Road has sufficient space and is appropriately zoned for building the new Mainland plant, which will be called the South WRF. Alternative 1 includes construction of the new South WRF to handle wastewater flows for future FPUA population growth and for existing wastewater flows from the Island WRF when this facility is decomissioned. The options of Alternative 1 vary in initial plant size and the date of decommissioning for the Island WRF (year 2010,2015, or 2020). J WPB310127161001,DOCl05319000~ COPYRIGHT 2005 BY CH2M HILL. INC' COMPANY CONFIDENTII~ PLAN EXH(B!T 3 Service Areas tor FPUA, SLC, and Port SL Lucie DOC¡0531 EXECUTIVE SUMMARY MASTER PLAN EXHIBIT 4 Summary of Memative 1 Executive Summary Master Pian Year 2010 2015 2020 Alternative 1 - FPUA Alone Option 1 . Decommission IWRF . Add 5 mgd capacity to SWRF . Add 5 mgd capacity to SWRF . Construct 15 mgd capacity at SWRF Option 2 · Maintain ¡WRF capacity at 12 mgd . Decommission IWRF · Add 5 mgd capacity to SWRF · Construct 5 mgd capacity at SWRF . Construct 15 mgd capacity at SWRF Option 3 · Maintain IWRF capacity at 12 mgd · Add 5 mgd capacity to SWRF · Decommission IWRF · Construct 5 mgd capacity at SWRF · Add 15 mgd capacity to SWRF Note: IWRF = Island Water Reclamation Facility SWRF = South Water Reclamation Facility mgd = million gallon per day n.b. capacity presented in Maximum Month Daily Flow I 5.0 Alternative 2 - FPUA andSLC Options · The second alternative provides options that will meet growth of both the FPUA service area and the unincorporated area of SLC (see Exhibit 5). To meet population growth within the greater service area of FPUA and SLC, two regional plants are proposed. Thus, Alternative 2 includes construction of two regional plants, North WRF and South WRF. As with Alternative 1, the options vary in initial plant size and the date of decommissioning for the Island WRF in either 2010, 2015, or 2020. I · EXHIBIT 5 Summary of Alternative 2 Executive Summary Master Plan Year t, 2010 2015 2020 Alternative 2 - FPUA with SLC · Option 1 · Decommission IWRF · Add 5 mgd capacity to SWRF · Add 5 mgd capacity to NWRF · · Construct 10 mgd capacity at SWRF ., WPB310127161001,DOC/OS3190002 COPYRIGHT 2005 BY CH2M HILL INC' COMPANY CONFIDENT\A'- . EXECUTIVE SUMMARY MASTER PLAN EXHIBIT 5 Summary of Memative 2 Executive Summary Master Plan Year 2010 2015 2020 . Construct 1 Omgd capacity at NWRF Option 2 · Maintain IWRF capacity at 12 mgd · Decommission IWRF . Add 5 mgd capacity to NWRF · Construct 5 mgd capacity at SWRF · Add 10 mgd capacity to SWRF · Add 5 mgd capacity to · Construct 5 mgd capacity at NWRF NWRF Option 3 · Maintain tWRF capacity at · Add 5 mgd capacity to 12 mgd SWRF . Decommission IWRF · Construct 5 mgd capacity at SWRF · Add 5 mgd capacity to SWRF · Construct 5 mgd capacity at NWRF . Add 10 mgd capacity to NWRF Note: n.b. capacity presented in Maximum Month Daily Flow 6.0 Wastewater Treatment Facility Descriptions I r. 6.1 South Water Reclamation Facility Description 6.1.1 Design Flows by Phase The preliminary design of the South WRF is described in this section. The South WRF would be designed to provide effluent that would be suitable for that portion designated for reuse. The facility wowd be constructed in phases in as little as 5-million-gallons-per-day (mgd) maximum month average day (MMAD) increments with an wtimate potential design MMAD flow capacity of 25 mgd (see Exhibit 6). Each 5-mgd MMAD phase is equivalent to a 3.7-mgd annual average day (AAD) capacity or an ultimate design of 18.5-mgd AAD flow capacity. The design flows by phase are summarized in Exhibit 6 below. The timing of implementation of each phase varies by alternative, as described above in previous sections. · · · III .. - 6 WPB310127161001.DOClD53f90002 COPYRIGHT 2005 BY CH2M HILL, INC.' COMPANY CONFIOENTIÞ,L .. EXECUTIVE SUMMARY MA~I trl t'LJII' EXHIBIT 6 Design Flows by Phase 10r the South WRF Phase Condition 2 3 4 5 AADF (mgd) 3.70 7.40 11.10 14.60 18,50 MMADF (mgd) 5.00 10.00 15.00 20.00 25.00 .. 6.1.2 Effluent Disposal Effluent disposal will be through deep injection wells (DIWs) located on the plant site, discharge to public access reuse customers, and discharge to an adjacent power plant. 1n Phase 1, up to 2.9 mgd of the 3.7-mgd AADF will be reused by the neighboring Florida Municipal Power Agency (FMP A) power plant for cooling towers. Future phases of the power plant may be constructed, which would use additional reuse water for cooling. The blowdown from the cooling towers will be returned to the South WRF and pumped down a separate DIW by FMP A pumps. Public access reuse will require that effluent filters, high level disinfection, reuse storage, and distribution pumping be incorporated into the design. Flow in excess of the demand by the power plant or public access reuse customers will be disposed in the DIW s. Different effluent standards are required for DIW disposal, public access reuse, and power plant reuse. The facility will be designed to meet the requirements of each, · ¡. 6.1.3 Treatment Process Description The treatment process will consist of an influent master lift station, screerung, grit removal, activated sludge treatment in aeration basins with anoxic zones for denitrification and recovery of alkalinity, secondary clarification, filtration, chlorination, effluent storage, and effluent pumping. For the purposes of planning, solids handling is assumed to consist of storage and dewatering facilities with contract hauling and disposal. Thermal dryers or another technology may be implemented for additional solids treatment in the future but is not included in the capital costs developed for this planning document. Odorous air will be captured and treated from solids handling operations with provisions made for treating odorous air from the headworks in the future. The process flow diagram for the overall treatment process for the South RWF is shown in Exhibit 7. The DIW will serve as an alternate effluent disposal system for the entire plant design flow. Therefore, effluent storage will not be required for public access reuse water; however, provisions will be made for aboveground storage tanks to equalize diurnal flow patterns to meet reuse demand. Effluent that does not meet public access reuse quality standards will be diverted from the filter effluent or chlorine contact basin effluent channel to the DIW. · · · .. · ... , f . WPB31 01271 61001 ,DOCl053190002 COPYRIGHT 2005 BY GH2M HILL. ING . COMPANY CONFIDENllA:. -- EXECUTIVE SUMMARY MASTER PLAN To Odor Cofi,rol ¡::rom 8kJwê" 51< RS PtIWIr P.... Reuse _.......011» ~ '0 Process Drain P1a/ORellse Pmr:~~ FIðW Str!1mS oiILþ AI!,l.owPtenul. OR Process Drllin DWS On.rlnd Solids FE Flier EII'&*t L\ L lIi,e<I uauor NRCY Nitlf,ed RocycIe OA OdOrous"'" PAR Pmtic.ÅŒ8SSi Rrue W.ter PLE P_Etl'un(Be'SicOimrl.c:tion) lIAS R....._dSl.- RE Plblic___W." R5 Raw 5ew&ge SE SICðl'lðlry EllUenl SH SOdIum t-typoCI1OI*te SSLI Stum TWASTh_WJ>S WAS Waste ÁÓiWied Sludge W3 PIt,. RIIIJ&ê W,ler 10 Procns Drain 10 PrOCftC DIllin 5OIfhYI'RF PIoœn FlOW DooVrom DH2N1HILL EXHIBIT7 South WAF Process Flow Treatment Diagram t 6.2 North Water Reclamation Facility Description 6.2.1 Design Flows by Phase The preliminary design of the North WRF is described in this section. The North WRF would be designed to provide effluent specifically suited for reuse. It could be constructed in increments of 5-mgd MMAD phases. The selected site for the plant is capable of accommodating, at minimum, an ultimate design MMAD flow capacity of 25 to 30 mgd. The ultimate capacity required at the north site is dependent upon specific planning options depending on different scenarios described above. Each 5-mgd MMAD phase is equivalent to a 3.7-mgd AAD capacity, or an ultimate design 7.4- or 11.1-mgd AAD flow capacity. The design flows by phase are summarized in Exhibit 8. The timing of implementation of each phase varies with the options described above in previous sections. I · EXHIBIT 8 Design Flows by Phase for the North WAF Phese · Condition , 3.70 5.00 2 3 · AADF (mgd) MMADF (mgd) 7.40 10.00 , 1.10 15.00 · lit e WPB31 0127161 001 DOCl053190002 COPYRIGHT 2005 BY CH2M HILL INC' COMPANY CONFlDENTIÞL E EXECUTIVE SUMMARY MASTER PLAN 6.2.2 Effluent Disposal Effluent disposal will be through 100 percent public access reuse with alternate disposal to DTWs located on the plant site. Public access reuse will require that effluent filters, high level disinfection, reuse storage, and clistributionpurnping be incorporated into the design. Flow in excess of the demand from public access reuse customers will be disposed in the DTWs. 6.2.3 Jreatment Process Description The treatment process will consist of an influent mae;ter lift station, screening, grit removal, activated sludge treatment in aeration basins with anoxic zones for denitrification and recovery of alkalinity, secondary clarification, filtration, chlorination, effluent storage, and effluent pumping. For the purposes of plamúng, solids handling is assumed to consist of storage and dewatering facilities with contract hauling and disposal. Thermal dryers or another technology may be implemented for additional solids treatment in the future but is not included in the capital costs developed for this planning document. Odorous air will be captured and treated from solids handling operations and headworks. The process flow diagram for the overall treatment process for the North WRF is shown in Exhibit 9. ~!::.IðW:;,trMm!; N>lic _tiS ...... DisiiblJlion PS To OdOr Gor1h'OI Flom ao.en · F...._rrJ1» RS · Gfillll1d ScrMningo; to Dt"-" RÞoS ~ fDPubic: Acœss ...... Dlstribtilon · ¡¡; .. · I\LP Air. lDN Pre'5sue on. Process Drain DWS o-too.d SoIds FE _B\IoØi ML ..... Liquco NRCY__ OA 0dIWa.s All PAR PublcAccessRllu..Wa. RIoS ___ RE PIi>IC_.R8US8RI!I8ÒWat", RS RowSen"" S E 5øccrdary EIUtrt SH SodiIlTl HypodUorite SSM SCII11 lWASTI"ictc8Md WAS WASW_.........._ WJ PIat'l_W.... To F'Ioc»n Dratn To PrIXe. Drain · NDlthWRF' Process AowD-omm · CH2MHILL EXHIBIT 9 North WRF Process Flow Treatment Diagram .. . .. WPB310127'61001,DOCJ053190002 COPYRIGHT 2005 BY CH2M HilL. INC. . COMPANY CONFIDENTIAL . EXECUTIVE:- öUMMI\H ¡ M"" I t:n r V'" The DIW will serve as an alternate effluent disposal system for the entire plant design flow. Therefore, effluent storage will not be required for public access reus~ water; however, provisions will be made for aboveground storage tanks to equalize dlU~al flowpattem~ to meet reuse demand. Effluent that does not meet public access reuse quahty standards V\'lll be diverted from the filter effluent or chlorine contact basin effluent channel to the DIW. 7.0 Wastewater Conection/Transmission 'mprovemen~s For the purposes of this summary, the collection system and transmission impro~ements have been evaluated based on the FPUA service area only and the combined serVlce areas of FPUA and SLC. For the FPUA service area only (does not include lines installed by developers), the following force mains will be installed: · Twenty-four-inch force main from Orange Avenue to the Mainland WRF along Jenkins Road and a master repump station (2015) · Sixteen-inch line in the downtown area from Lift Station A · Twelve-inch lines along Midway Road, Glades Cut-off Road, and Oleander Avenue; 16- inch line along Orange Avenue and Moores Creek; and a modification of lift Station E (2025) . Shorter lengths at miscellaneous locations of 6-,8-, and 12-inch lines For the combined FPUA and SLC service area (does not include lines installed by developers), the following force mains and improvements will be installed in addition to the items listed above: . Extension of the 24-inch force main from Orange Avenue to the North WRF site along Taylor Road . Shorter lengths at miscellaneous locations of 6-, 8-, 12-, and 16-inch lines I · · 8.0 Capital Cost Estimates of Options . Capital costs were developed for each alternative. Treatment plant costs were developed based on preliminary sizing and design of treatment processes, preliminary equipment proposals, in-house cost data, and phasing, as described above. Costs were estimated at fourth quarter 2005 price levels. Wastewater collection system and transmission improvements were also developed from a preliminary engineering study for the greater FPUA service area. Estimates for improvements to the collection system were developed considering installation conditions, current manufacturer pricing, and contractor pricing, as well as in-house cost data. Estimates prepared at this level of design are considered order of magnitude with an expected accuracy range of +50 percent to -30 percent. Estimates were prepared on equal bases for the purpose of comparing the relative costs of alternatives. It is recognized that these costs do not take into account such vagaries as future inflation, labor, material prices, and future bidding climate. · · · w 10 WPB310127161001.DOCI053190002 COPYRIGHT 2005 BY CH2M HILL, INC' COMPANY CONFIDENTIAL .- EXECUTIVE SUMMAH1 MA::> I lOti ~'-"" ß;,c-..vJJ ¡L/ /W"'cŸ-J o-r 69. c:2>0'J{7r(~/ 8.1 FPUAAlone \J 2Z,J~J Exhibit 10 compares the capital costs for the three options that meet the growth needs of FPUA. For Option 1, decommissioning the IslandWRF in 2010, the total aggregate project cost is lowest. This is attributed to an economy of scale for constructing a larger 15-mgd plant by 2010 in replacing the capacity lost in decommissioning the Island WRF. Conversely, Option 3, decommissioning the Island WRF in 2020, the aggregate cost of the project is highest. The reason for this is the cost of stabilizing the Island WRF to assure its reliability until decommissioning takes place in 2020. _ .1.BJ~q ~.;l) fi Iv rw c) }I (. ~ 0 ( Total 'V ff :þ $204,256,000 5'&1, J {Jh .A..1 (. $213,780,000 )'Y j ~vb J $224,580,000 V'-- 2010 2015 2020 $32,592,000 $32,784,000 Option 2: $80,604.000 $100,392.000 $32,784,000 Decommission IWRF in 2015 Option 3: $91,404,000 $32,592,000 $100.584,000 Decommission IWRF in 2020 Exhibit 11 compares the three options for regional wastewater treatment facilities that meet population growth within FPUA and the unincorporated area of SLC. Option 1 has the lowest aggregate project cost at $278,292,000. This is partly attributed to the economy of scale in build' 0 10-mgd plants in 2010 when the Island WRF is decommissioned. Conversely, option 3 has the rug est aggregate project cost at 305,052,000. . option incurs the cost of stabil~ing the Island WRF to assure its reliability until its I' ¿;,...J decommissioning in 2020. n..... l v c--',( r'þ "., 1/ ,J'" () 't !/? tfv~'~ ç{1"!r'!¥',{;¡v/'Ý VI Y / _ / /: ~J7 ~ ,J 8.2 FPUA and SLC -- ¿;;t:I7,-f,;Þ/--/ · · · EXHIBIT '1 Capital Costs of FPUA and SLC Options Description 2010 2015 $40,368.000 2020 $40,680.000 · Option 1 : Decommission IWRF in 2010 Option 2: $197.244,000 $146.004.000 $107,208,000 $41,160,000 · Decommission IWRF in 2015 Option 3: $156.804,000 $32.712,000 $1 15,536,000 · Decommission IWRF in 2020 Total $294.372.000 $305.052.000 II' WPB310127161001,DOC/053190002 COPYRIGKT 2005 BY CH2M HILL. INC' COMPANY CONFIDENTIAL I' 1í EXECUTIVE SUMMARY MASTER PLAN The last impact of costs is that to the rate payer, which is summarized in the following section. 9.0 Impacts to Typical Wastewater User Bins The impacts of the alternative service area arrangements (FPUA's current service area only or combined with SLC's service area) and optional schedules for decommissioning of the Island WRF and construction of the North and South WRFs were evaluated using an :incremental cost analysis. An incremental cost analysis isolates the additional costs that would be incurred in excess of the utility's current costs specifically as a result of the changes to the wastewater system being considered. As such, this analysis does not consider any changes in costs, revenues, and other items that would be due to other system changes that could occur over the time period being examined. The estimated additional system costs as a result of the changes being considered herein are then divided by the projected number of Equivalent Residential COlmections (ERCs) served by the system to determine the estimated additional cost to a typical user. The additional cost per ERC per month is then compared to the current monthly bill for a typical residential customer to estimate the impacts on a typical user's bill. The analysis evaluates the impacts of the service area alternatives and options for timing of the decommissioning of the Island WRF and construction of the North and South WRFs, as well as the impact of using the assumed proceeds from the sale of the land upon which the Island VVRF is currently situated to offset the costs of the proposed improvements. The analysis looks at the projected additional costs under each service area alternative and optional schedule for decommissioning of the Island WRF at three points in time (2010,2015, and 2020). These points in time correspond with an assumed schedule for expansion of the wastewater treatment facilities. A sale value of $25 million was assumed for the analysis. This analysis is based on a number of assumptions, including use of impact fee revenues to offset a portion of the planned improvement costs, projected population, wastewater flow, ERC growth in FPUA's current service area and SLC's service area, and annual transfers to the City. The results of the financial analysis are summarized in Exhibits 12 through 15. The exhibits show the projected typical residential user wastewater bill assuming 6,500 gallons per month of billed usage. The figures in these exhibits compare with the current typical monthly bill of $36.90. Exhibit 12 shows that under the Alternative 1 (FPUA Alone), without using the proceeds from the sale of the Island WRF land t et the costs of the lanned improvements, the timing of the decommissioning the Island WRF has a si~ficant impact e was ewa er sys em s costs an res ting bills to its users. ecommissionin e s an m resu ts in the . ghest user sin 2010, but the lowest bills in 2020. Decom 1 e s an m mew at higher bill in 2010 than decommissioning in 2015 ~s a result of additional expenditures assumed to be needed in 2010 to ensure that the Island WRF can continue to operate W1til2020. Decommissioning the Island WRF in 2015 results in the highest bills in 2015, while decommissioning the Island WRF in 2020 results in the highest bills in 2020. 'Comparison of the results are presented in Exhibits 12 and 13, using the assumed proceeds from sale of the Island WRF land of $25 .;:nillion to offset the capita improvement costs 0 t e panned improvements in the same year, which would result in a reduction in the rate impacts of approximately $4.60 per month under each of the options. I · · · .. .. .. ~ 12 WPB31 0127161 001 . DOCJ053190002 COPYRIGHT 2005 BY CH2M HILL. ING' COMPANY CONFIDENllÞ.L .. \ v¡ \ ' EXHIBIT 12 Incremental Cost Analysis Alternative i . FPUA Alone Without Sale of Island WRF Land Option Î . Decommission Island Plant in 2010 $62,89 $7112 $81.82 Option 2 . Decommission Island Plant in 2015 $53,98 $74.59 $8529 Option 3 - Decommission Island Plant In 2020 $55.98 $66,18 $89,52 Alternattve1 - FPlllAAiione Without·Sateofl:slanô··.·PlisntLanô ... (!) ¡¡¡ :J !'Ij .~ 0- >- ¡..... - ro :: "" ;:; J: I:) :2 Year WPB:J1 0127161 om DOC/0531900()~ COPYRIGHT 2(JO') BY CH2M HILL INC. . COMPAI'W CONFIDE~m!\' EXHIBIT13 Incremental Cost Analysis Altematìve 1 - FPUA Alone With Sale of Island WRF Land Summary of T ypícaJ User Bill Proíectíons Under Each Optìon 2010 2015 2a20 Option 1 - Oecommlssíon Island Plant in 2010 Option 2 - Decommission Island Plant in 2015 $53.98 $70.03 58072 Option 3 . Decommission Island Plant in 2020 $55,98 $66,18 $84.86 Alternative 1 . With ·Sale oft!dand··PliBntiLand to ... .Q.\ III :J Istand Istand Ye~r WP8:310127161001.DOCiO'i31900C COPYRIGHl 2005 CH2M HILL INC· COMPANY CONFlDHITIAl PLAN PLAN EXHIBIT 14 Incremental Cost Analysis Alternative 2 - FPUA Combined With SLC Without Sale of Island WRF Land Summary of Typical User Bill Projections UnderEach Option Option Î - Two Regional Plants, Option 2 _ Two Regional Plants, Decommission Island Plant in 2015 Option 3 _ Two Regional Plants, Decommission Island Pla.nt in 2020 2010 2015 2Q20 $62.55 $82,17 $94.57 $64.26 $73,83 $96.51 Alte:rnsrtlve 2 . F¡P'UA With 'St. t"ucieC.ounty With:outSa'eo.flsllnd'Plant l..and ..... 0,1- mm :;) >- ~-;:::: (,,)':;:¡ .-t: 0.0 ~:?E ,.. ::¡ WPBJ1 01 271 61 QC1.DOC/CÓ31 f¡OQCI;- CH2M Hill ilK . COMPANY CONFIDENTiA, 111 10 II ~, o on PLAN EXHIBIT 15 Incremental Cost Analysis Alternative 2 . FPUA Combined With SLCWith Sale of Island WRF Land Summary of Typical User 8í11 Proiectíons Under Each Optian Option Î . Two Regional Plants, in 201 0 2010 2015 2020 $66.04 $62.55 $78,60 $9 Î ,00 $64.26 $73.83 $9306 Option 2 _ Two Regional Plants, Decommission Island Plant in 2015 Option 3 _ Two Regional Plants, Decommission Island Plant in 2020 Alternative 2 .. ¡:P'UAWI.thSt . Lucie County With Saieo:f,lslanf'l::PlantLand 1 - 2 o 10 II ¡:- ,) 1 Year WPB3101?7161001.DOC!05319000: COPVfHGH1 2005 CH2M IN':'; ~ Cor\¡~PArr( COHF\DENT\Þ.~ lilt IIiII ¡.. ~ I. ~ í. ... ~ l ¡ t.... I. - ~ IiIIf Exhibit 14 shows the resulting typical user bills under the with SLC options without proceeds from the sale of the Island WRF land. The user bills under these options are higher than under the FPUA alone options. Exhibit 15 shows that the proceeds from the sale of the Island WRF have a somewhat smaller impact on user bills that under the FPUA alone optionsr as these benefits are shared by a larger number of users under the with SLC options. It should be noted that some of the "status quo" assumptions used in this analysis impose limitations that may not result in the lowest possible wastewater rates for FPUA and/or SLC customers. Actions that could signîficantly reduce the rate increases include increasing the capital improvement chargesr increasing guaranteed revenue chargesr and developing capital financing arrangements that defer principal payment costs until there is a larger customer base to absorb the costs. By choosing an optimum mixture of these, and other financial options that place a fair share of the financial burden on new development, the financial impact on current FPUA customers can be minimized. 17 WPB31 0127161 001 ,DOC/05319OOO2 COPYRIGHT 2005 BY CH2M Hill. INO . COMPANY CONFIOENTIt\c « c 12 o ...J IJ. >" .... z :::¡ o () w (3 :::¡ ...J .... II) f Ii> 'IJ. _ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: c::J APPROVED c::J OTHER County Attorney: Originating Dept: Finance: 9 Pulled in SOCC meeting by the County Attorney, Agenda Request Item Number Date: q 01/23/07 Consent Regular Public Hearing Leg. [ ] [ ] [X] [ ] Quasi-JD [ Board of County Commissioners Growth Management Presented By h Management Director Petition of Greenwood Development Corporation of Florida for Major Site Plan approval of the project to be known as The Meridian of North Hutchinson Island for property located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive - Draft Resolution No. 07-012. The Petitioners, Greenwood Development Corporation of Florida have requested Major Site Plan approval for a 104-unit residential condominium to be known as The Meridian at North Hutchinson Island. The proposed location is on the northeast corner of the intersection of North A-1-A and Shorewinds Drive. N/A At the January 16, 2007, regular hearing on this matter, the St. Lucie County Board of County Commissioners, by a vote of 5 to 0, voted to continue the regular hearing on January 23,2007. Staff recommends approval of Draft Resolution No. 07-012. D DENIED Coordination! Signatures Mgt & Budget: Environ. Res. Dept: County Engineer: Purchasing: Other: County Commission Review: January 16, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Bob Nix, AICP, Growth Management Director Hank Flores, Planning ManagerJ1 Wendy Clark, Senior Planner Through: Date: January 17, 2007 Subject: Petition of Greenwood Development Corporation of Florida for Major Site Plan approval for the project to be known as The Meridian at North Hutchinson Island (File No.: 06-004) LOCATION: The northeast corner of the intersection of North A-1-A and Shorewinds Drive. EXISTING ZONING: HIRD (Hutchinson Island Residential District) LAND USE DESIGNATION: , RM (Residential Medium - maximum 9 du/ac) PARCEL SIZE: 11.68 acres PROPOSED USE: 104-unit residential condominium SITE DENSITY: 8.90 du/ac SURROUNDING LAND USE: Residential high-rise to the north, Atlantic Ocean to the east, residential and vacant to the south, commercial and residential to the west. FIRE/EMS PROTECTION: Fire Station #9 (3595 North A-1-A) is located approximately one mile to the north. UTILITY SERVICE: St. Lucie County Utility Service will be providing water and sewer to the subject property. TRANSPORTATION IMPACTS: Right of Way Adequacy: North A-1-A has a right-of-way width of 100 feet and Shorewinds Drive has a right-of-way width of 80 feet. Scheduled Area Improvements: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity January 23, 2007 Page 2 Subject: The Meridian at North Hutchinson Island File No.:MJSP-06-004 ******************************************** STANDARDS FOR SITE PLAN REVIEW Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for a Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The petitioners, Greenwood Development Corporation of Florida, are seeking Major Site Plan approval for a 104-unit residential condominium to be located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive. The project is to be known as The Meridian at North Hutchinson Island. The Future Land Use designation on this property is RM (Residential Medium, maximum 9 du/ac). Its zoning district designation is HIRD (Hutchinson Island Residential District). The gross development density on this site is 8.90 du/ac. The proposed Meridian at North Hutchinson Island is consistent with the general purpose, goals, objectives, and standards of this Code, the Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. The proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The subject site is located inside the County's established Urban Service Area. The proposed pattern of development is consistent with the residential character of the surrounding area. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The subject site is located inside the County's established Urban Service Area. The proposed pattern of development is consistent with the residential character of the surrounding area. The site has been designed to protect the remaining native vegetative habitat found on site through a dedicated conservation area. January 23, 2007 Page 3 Subject: The Meridian at North Hutchinson Island File No.:MJSP-06-004 Based upon the Soil Survey of St. Lucie County Area, Florida, the soil content of the subject property has high potential for dwellings, local roads, and streets. Site drainage will be provided through a series of on-site dry detention areas that will collect the storm water run- off, provide for permit required pre-treatment and then outfall into the County right-of-way ditch systems adjoining the property. The ultimate outfall is into the Indian River Lagoon, west of the project site. The Coastal Management Element of the Comprehensive Plan states that in general, almost all of North Hutchinson Island would be vulnerable to a Category 1 storm (except for State Road A-1-A which would be impacted by a Category 2 storm). The storm classification for the proposed project location is Category 1, indicating the potential for storm-surge flooding from a Category 1 storm event. Based on the project's location, the recommended evacuation route is the North Beach Causeway to the mainland. 2. All reasonable steps have been taken to minimize any adverse effect ofthe proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The proposed pattern of development is consistent with the residential character of the surrounding area. 3. The proposed building or use will be constructed, arranged, and operated so as not to inteñere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. The Future Land Use designation for the surrounding properties: to the north is RM (Residential Medium), to the south is RU (Residential Urban), and to the west is RM (Residential Medium) and RU (Residential Urban). The proposed project is considered compatible with the surrounding properties. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The proposed Meridian at North Hutchinson Island has been determined to be consistent with the minimum level of service standards of Chapter V, Adequate Public Facilities. The developers of the Meridian at North Hutchinson Island have demonstrated that utility services will be provided by St. Lucie County Utility Services; County staff has determined that the projected waste flows from this development can be accommodated at the County Landfill; the County has no minimum LOS standard for transit services. A Traffic Impact Report was prepared for the proposed Meridian at North Hutchinson Island project. The Trip Generation for the project was developed utilizing the Institute of Transportation Engineers Trip Generation Manual, Seventh Edition (ITE). Utilizing ITE Code 230, "Residential CondominiumlTownhouse", the Average Daily Traffic (ADT) count is 664 trips. Of the 664 ADT, 332 trips will be inbound and 332 outbound. Per the same ITE Code, the project will generate 62 PM Peak Trips. Of the 62 PM Peak Trips, 42 will be inbound and 20 outbound. The traffic generated by this project will not cause any adverse impacts on the surrounding roadway network. January 23, 2007 Page 4 Subject: The Meridian at North Hutchinson Island File No.:MJSP-06-004 Based on the existing conditions specified below, the maximum density (expressed as a percentage of the maximum density set forth in the future land use) is 36 percent of 105 units which equals 38 units. In accordance with the Land Development Code, a site plan may be approved at a greater density than the applicable maximum upon the condition that the developer pay the applicable alternate development fee. For the remaining 66 units subject to the Alternate Development Fee, the developer shall pay $2,336.00 per dwelling unit, which includes the required road impact fee. That density allowance includes the following existing conditions on North Hutchinson Island: 1. A northbound right turn lane at Old Dixie Highway and he North Beach Causeway and signalization at that intersection. 2. A southbound right turn lane at State Road A-1-A and Atlantic Beach Boulevard. 3. Existing conditions as of October 12,1983. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. Schools: The public school system can be expected to be responsible for the education of an additional 22 students (104 multiple-family units with a ratio of 0.207 students per dwelling unit). All construction will be subject to the County's Educational Facilities Impact Fee Regulations, which requires the payment of $2,536 per multiple-family unit - 3 or more floors. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision ofthe St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley- Horn and Associates, Inc. (August, 1982). The site plan was determined to be compliant with the applicable standards of the County's Land Development Code. All development is limited to areas landward of the current (1988) Coastal Construction Control Line (CCCL). A 0.35 acre area seaward of the CCCL (and within the Dune Preservation Zone) is proposed for restoration from its present condition as "disturbed lands" to native coastal scrub habitat. The Environmental Resources Department has recommended conditions of approval. January 23, 2007 Page 5 Subject: The Meridian at North Hutchinson Island File No.:MJSP-06-004 COMMENTS: The petitioner, Greenwood Development Corporation of Florida, is seeking Major Site Plan approval for a 104- unit residential condominium, to be located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive. The previous use of the property was a hotel (Radisson Beach Resort North Hutchinson Island) approved through a Conditional Use Permit. The proposed use is residential and allowed as a permitted use in the current HIRD (Hutchinson Island Residential District). The proposed Meridian at Hutchinson Island is consistent with the general purpose, goals, objectives, and standards of this Code, the Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. The proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The subject site is located inside the County's established Urban Service Area. The proposed pattern of development is consistent with the residential character of the surrounding area. The proposed project protects the remaining native habitat found on site. At the January 16, 2007 regular hearing on the petition, there was public comment regarding the current zoning and future land use of the property and the assertion that the HIRD (Hutchinson Island Residential District) may have been applied in error. Attached please find a memorandum from the St. Lucie County Growth Management Director, to Craig Mundt of the North Beach Association of St. Lucie County, Inc., addressing Mr. Mundt's letter requesting a clarification of the current zoning and future land use classifications for the property. Further discussion included the consideration of Road Impact Fee credits. The applicant has asserted that based on the Impact Fees Ordinance that the project is not subject to Road Impact Fees because the development pre-dated Impact Fees and instead has a Road Impact Fee credit. The County Attorney, at the drafting this memorandum, had not made a determination on the matter. Staff will provide the Board with an update when we have received it. The St. Lucie County Board of County Commissioners, by a vote of 5 to 0, voted to reschedule the regular hearing to January 23,2007. Attached is a copy of Draft Resolution No. 07-012, which, if approved, would grant this request for Major Site Plan approval, subject to the following conditions: 1. Prior to the issuance of any buildings permits for the proposed Meridian at North Hutchinson Island, the developer, his successors or assigns, shall pay Road Impact Fees to St. Lucie County in the amount of $1,902.00 per multiple-family unit for the first 38 units of the project. The remaining units will be subject to the Alternate Development Fee of $2,336.00 per dwelling unit, which includes the required road impact fee. The developer, his successors or assigns, shall not be responsible for any additional Road Impact Fee payments to St. Lucie County. Should the Board of County Commissioners approve a Road Impact Fee adjustment more than or less than the agreed to payment schedule described above, the above described schedule shall apply. All 1 04 units will be subject to all other required impact fees and any other fee or assessment that St. Lucie County may lawfully assess. 2. No construction Development Permits shall be issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, January 23, 2007 Page 6 Subject: The Meridian at North Hutchinson Island File No.:MJSP-06-004 Utilities Department, Environmental Resources Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 3. Prior to approval of a Notice of Vegetation Removal, ERD must be provided with the final Beach and Dune Restoration Plan and documentation showing that FDEP has approved of the plan. 4. Prior to approval of a Notice of Vegetation Removal, the applicant shall provide final copies of the Preserve Area Monitoring and Management Plan (PAMP), Sea Turtle Protection Plan (STPP), site plan, and landscape plan, showing the final alignment of the proposed dune walkover. It is important that these documents show the correct, final alignment, so that contractors and future residents are aware of what exactly has been permitted to be constructed on the dune and through the dune scrub habitat. 5. Prior to approval of a Notice of Vegetation Removal, a revised Preserve Area Monitoring and Management Plan (PAMP) shall be provided to SLC. The revised PAMP shall include typical drawings of the dune crossovers, including a cross-sectional view of the structure in relation to the dune elevation and vegetation. SLC and FDEP must approve of the proposed crossovers prior to Vegetation Removal Permit issuance. 6. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a revised PAMP, including the following revisions: a. On page 2, the revised PAMP still refers to Figure 4 for a map of the site's proposed preserve areas; figure 4 shows the site plan and does not delineate the site's preserve areas. Please correct the PAMP such that it refers to the final, correct maps of the site's preserve areas. b. The dune crosswalks shown in the Landscape Plan and Lighting Plans still differ from those shown on the PAMP, Sea Turtle Protection Plan, and Site Plan. Please make these plans consistent, as we've been requesting since our original comments were submitted in April 2006. c. Additionally, the PAMP has now been revised such that portions of the Dune Preservation Zone previously shown as being protected by silt fences during construction would now be unprotected. It appears from the Landscape Plans that the applicant does still intend to enhance areas of existing vegetation and to re-plant un-vegetated areas within the Dune Preservation Zone. Therefore, the PAMP should just be corrected such that the entirety of the Dune Preservation Zone is shown as being protected by silt barriers. 7. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a copy of the Conservation Easement document, dedicated in favor of SLC, covering the site's Dune Preservation Area. At a minimum, the documents shall include: 1) signed draft conservation easement, 2) site plans or map of conservation easement areas, and 3) legal description and number of acres of conservation easement. Within 60 days of issuance of a permit a recorded copy of the easement document will be required to be submitted. 8. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a copy of the Homeowners Association Guidelines. The guidelines, at a minimum, should specify restrictions on any encroachment into the Dune Preserve Area as well as restrictions on vegetation removal outside the building pad areas. The documents should specifically identify all COUNTY ADMINISTRATION MEMORANDUM 07-02 FROM: Bob Nix, Growth Management Director Faye Outlaw, Assistant County -Adl~c:---r' LPr------~1 TO: SUBJECT: Legal Ads: Change in Procedure DATE: February 2, 2007 Effective immediately, all advertisements for public hearinas are to be submitted to County Administration for review and sign off prior to being submitted to the newspaper. The ads are to be submitted to us after signed off by you. This includes all newspaper ads for the Planning & Zoning Board/Local Planning Agency and the Board of County Commissioners regular and special meetings or workshops. It also includes all newspaper ads for design charrettes or neighborhood planning meetings. Bob, this revised procedure is due to the repeated advertising errors that have occurred over the course of the last several months. There is to be no deviation from the procedure unless it is first approved by Administration. We will discontinue our review of the ads once staff has demonstrated its ability to consistently prepare the notices without errors. Cc: Doug Anderson, County Administrator January 23, 2007 Page 7 Subject: The Meridian at North Hutchinson Island File No.:MJSP-06-004 responsible parties associated with the long-term maintenance of the common open space areas, including the Dune Preservation Area. At a minimum the documents shall include: a. Language which notifies prospective property owners that the association property includes preservation areas which are protected under conservation easements; and b. Language which informs the prospective property owners that the preservation areas may not be altered from their natural/ permitted condition with the exception of: exotic vegetation removal, or restoration in accordance with the restoration plan that shall be referenced in the conservation easement. 9. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall conduct a pre-clearing meeting with the applicant's environmental consultant, the land clearing contractors, and Environmental Resources Department (ERD) staff to discuss listed species and habitat protection guidelines during construction. ERD shall also be contacted for a site inspection to be certain that the silt fencing is at least 25 feet west of all gopher tortoise burrows. 10. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting shall be of a type that is not disruptive to sea turtles and not directly visible from the beach. Lighting shown in the STPP shall include not only exterior lighting, but also any proposed balcony or stairway lighting. 11. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting shall be of a type that is not disruptive to sea turtles and not directly visible from the beach. Specifically, the Lighting Plan shall be revised such that the wall- mounted incandescent luminaries currently proposed shall be moved on the plans to locations where they would not be directly visible from the beach. Instead of incandescent bulbs, these fixtures should use small 10 and 18-watt low pressure sodium fixtures. 12. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP), including a specific schedule of the proposed development periods. Please be sure the schedule concentrates construction to the greatest extent possible to the non-nesting/hatching season (Nov. 16 thru Feb. 29). Coastal development occurring during any portion of the nesting season (March 1 thru Nov. 15) shall be conducted during daylight hours only. 13. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP), wherein the proposed dune crosswalks are shown consistent with the approved site plans. 14. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a copy of the Homeowners Association documents. The STPP requirements shall be incorporated into the Association's "Declaration of Covenants, Conditions, and Restrictions". 15. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised STPP, including a plan view depicting all structures proposed for construction and a schedule of the proposed development periods. 16. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised PAMP, including the following revisions to the proposed Sea Turtle Information signs: January 23, 2007 Page 8 Subject: The Meridian at North Hutchinson Island File No.:MJSP-06-004 a. Signs should provide contact numbers for the St. Lucie County ERD (772-462-2526) and Florida Fish and Wildlife Conservation Commission (561-575-5408), instead of the Environmental Consultant's contact information. b. Signs should give the correct dates for sea turtle nesting/hatching season, which are March 1 through November 15, per St. Lucie County code. 17. The hours of operation for construction activities shall be limited to the time period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1 :00 P.M. Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. In the event the County adopts uniform hours of operation for construction activities that apply county wide, then such hours of operation shall supersede the hours of operation set forth herein. Noting the above conditions, staff recommends approval of Draft Resolution No. 07-012. Please contact this office if you have any questions on this matter. SUBMITTED: lk1~ Bob Nix, AICP ~ Growth Management Director wc cc: Dennis J. Murphy, Culpepper & Terpening, Inc. Michael Powley, P.E., County Engineer Amy Mott, Environmental Resources Department File BQARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENT 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 January 19,2007 Mr. Craig Mundt North Beach Association of St. Lucie County, Inc. P. O. Box 34948 Fort Pierce, Florida 34948 Subject: Meridian at North Hutchinson Island Dear Mr. Mundt: I am writing in response to your letter dated January 16, 2007 regarding the proposed site of the Meridian at North Hutchinson Island. In the first paragraph of your letter, you ask how the Future Land Use Designation of the former Radisson Resort property (now the proposed site of the Meridian) was changed from Tourist Commercial to Residential Medium. That change occurred with the adoption of Ordinance 90-1 (OR Book 700, pages 1799 through 1807 of the public records ofSt. Lucie County, Florida). Ordinance 90-1 adopted the St. Lucie County Comprehensive Plan and repealed the 1981 St. Lucie County Growth Management Policy Plan. It was the now-repealed 1981 GroMh Management Policy Plan that included a map designating the site as Tourist Commercial. Ordinance 90- I was later amended by Ordinance 91-01 which implemented a Stipulated Settlement Agreement between St. Lucie County and the Florida Department of Community Affairs. In the second paragraph of your January 16th letter, you point olft that there was no mention of a hotel as a conditional use on the site of the former R.adisson Hotel until Dennis Murphy used that term in 1990. That is because after the adoption of Ordinance 90-1, adopting the Comprehensive Plan and repealing the 1981 Growth Management Policy Plan, the Board of County Commissioners adopted Ordinance No. 90-36, which adopted a new St. Lucie County Land Development Code to implement the comprehensive plan. Ordinance 90-36, Part C, repealed the previous zoning code and substituted a new zoning code. Ordinance 90-36 included the HIRD zoning district which was to be applied to all multi-family residential property on North Hutchinson Island. The new Future Land Use Map adopted by Ordinance 90-1 designated the site of the former Radisson Hotel as multi-family residential, so the HIRD zone was applied to it. The HIRD zoning district permits hotels as conditional uses in the upland areas (reference 8t. Lucie County Land JOSEPH E. SMITH, District No.1. DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No.3. CHARLES GRANDE, District No.4 . CHRIS CRAFT, District No,S County Administrator - Douglas M. Anderson Website: www.co.st-lucie.fI.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 FAX: (772) 462-2845 Planning: (772) 462-2822 GIS/Mapping Services: (772) 462-2822 FAX: (772) 462-1581 Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344-TGIF FAX: (772) 462-2132 January 19, 2007 Craig Mundt Re: HIRD at Meridian Site Page Two of Two Development Code, Section 3.01.02.AA.6.b, page 3-50). Since this ordinance was adopted in 1990, that would be why the reference to hotels as conditional uses on the site in question would not have been mentioned until that year. As to your issue regarding the improper application of the HIRD zoning to the site, you provided information that a May 1984 zoning map that was presented at a December 2006 Board of Adjustment meeting showed the Radisson Hotel site as HIRD with a Future Land Use designation of"CT" (Commercial Tourist). I reviewed that map, and I agree that the site was improperly zoned HIRD in 1984, but I do not agree that the site is improperly designated HIRD today. When the Ordinance 90-1 repealed the St. Lucie County Growth Management Policy Plan in 1990, the site of the Radisson Hotel was designated multi-family residential on the Future Land Use Map. When the old zoning was repealed and new zoning adopted by Ordinance 90-36, also in 1990, the Radisson Hotel site was properly rezoned to HIRD because the site was designated Residential Medium, up to nine dwelling units per acre, on the new Future Land Use Map. If you disagree with my interpretation of the ordinances, you may appeal my decision pursuant to The St. Lucie County Board of Adjustment pursuant to Section 11.11.0 1.B.3, Land Development Code of St. Lucie County, Florida. I If I can be of any further assistance, please contact me at 772-462-1590. Sincerely, þr?)/Y Bob Nix, AICP, Director Growth Management 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. 07-012 FILE NO.: MJSP-06-004 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS THE MERIDIAN AT NORTH HUTCHINSON ISLAND. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Greenwood Development Corporation of Florida. Inc., has applied for major site plan approval for the project to be known as The Meridian at North Hutchinson Island located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive consisting of 104 residential condominium units located in the HIRD (Hutchinson Island Residential District) and described in Part B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of review of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: MJSP-06-004 January 16, 2007 Resolution No. 07-012 Page 1 1 A. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as The Meridian at North Hutchinson Island, is hereby approved as depicted on the site plan drawings for the project prepared by Culpepper and Terpening, Inc., dated May 3, 2006, and date stamped received by the St. Lucie County Growth Management Director on November 6, 2006, for the following described property below, subject to the following conditions: 1. Prior to the issuance of any buildings permits for the proposed Meridian at North Hutchinson Island, the developer, his successors or assigns, shall pay Road Impact Fees to St. Lucie County in the amount of $1,902.00 per multiple-family unit for the first 38 units of the project. The remaining units will be subject to the Alternate Development Fee of $2,336.00 per dwelling unit, which includes the required road impact fee. The developer, his successors or assigns, shall not be responsible for any additional Road Impact Fee payments to St. Lucie County. Should the Board of County Commissioners approve a Road Impact Fee adjustment more than or less than the agreed to payment schedule described above, the above described schedule shall apply. All 104 units will be subject to all other required impact fees and any other fee or assessment that St. Lucie County may lawfully assess. 2. No construction Development Permits shall be issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 3. Prior to approval of a Notice of Vegetation Removal, ERD must be provided with the final Beach and Dune Restoration Plan and documentation showing that FDEP has approved of the plan. 4. Prior to approval of a Notice of Vegetation Removal, the applicant shall provide final copies of the Preserve Area Monitoring and Management Plan (PAMP), Sea Turtle Protection Plan (STPP), site plan, and landscape plan, showing the final alignment of the proposed dune walkover. It is important that these documents show the correct, final alignment, so that contractors and future residents are aware of what exactly has been permitted to be constructed on the dune and through the dune scrub habitat. File No.: MJSP-06-004 January 16, 2007 Resolution No. 07-012 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5. Prior to approval of a Notice of Vegetation Removal, a revised Preserve Area Monitoring and Management Plan (PAMP) shall be provided to SLC. The revised PAMP shall include typical drawings of the dune crossovers, including a cross-sectional view of the structure in relation to the dune elevation and vegetation. SLC and FDEP must approve of the proposed crossovers prior to Vegetation Removal Permit issuance. 6. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a revised PAMP, including the following revisions: a. On page 2, the revised PAMP still refers to Figure 4 for a map of the site's proposed preserve areas; figure 4 shows the site plan and does not delineate the site's preserve areas. Please correct the PAMP such that it refers to the final, correct maps of the site's preserve areas. b. The dune crosswalks shown in the Landscape Plan and Lighting Plans still differ from those shown on the PAMP, Sea Turtle Protection Plan, and Site Plan. Please make these plans consistent, as we've been requesting since our original comments were submitted in April 2006. c. Additionally, the PAMP has now been revised such that portions of the Dune Preservation Zone previously shown as being protected by silt fences during construction would now be unprotected. It appears from the Landscape Plans that the applicant does still intend to enhance areas of existing vegetation and to re-plant un-vegetated areas within the Dune Preservation Zone. Therefore, the PAMP should just be corrected such that the entirety of the Dune Preservation Zone is shown as being protected by silt barriers. 7. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a copy of the Conservation Easement document, dedicated in favor of SLC, covering the site's Dune Preservation Area. At a minimum, the documents shall include: 1) signed draft conservation easement, 2) site plans or map of conservation easement areas, and 3) legal description and number of acres of conservation easement. Within 60 days of issuance of a permit a recorded copy of the easement document will be required to be submitted. 8. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a copy of the Homeowners Association Guidelines. The guidelines, at a minimum, should specify restrictions on any encroachment into the Dune Preserve Area as well as restrictions on vegetation removal outside the building pad areas. The documents should specifically identify all responsible parties associated with the long-term maintenance of the common open space areas, including the Dune Preservation Area. At a minimum the documents shall include: a. Language which notifies prospective property owners that the association property includes preservation areas which are protected under conservation easements; and b. Language which informs the prospective property owners that the preservation areas may not be altered from their natural! permitted condition with the exception of: exotic vegetation removal, or restoration in accordance File No.: MJSP-06-004 January 16, 2007 Resolution No. 07-012 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 9. 10. 11. 12. with the restoration plan that shall be referenced in the conservation easement. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall conduct a pre-clearing meeting with the applicant's environmental consultant, the land clearing contractors, and Environmental Resources Department (ERD) staff to discuss listed species and habitat protection guidelines during construction. ERD shall also be contacted for a site inspection to be certain that the silt fencing is at least 25 feet west of all gopher tortoise burrows. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting shall be of a type that is not disruptive to sea turtles and not directly visible from the beach. Lighting shown in the STPP shall include not only exterior lighting, but also any proposed balcony or stairway lighting. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting shall be of a type that is not disruptive to sea turtles and not directly visible from the beach. Specifically, the Lighting Plan shall be revised such that the wall- mounted incandescent luminaries currently proposed shall be moved on the plans to locations where they would not be directly visible from the beach. Instead of incandescent bulbs, these fixtures should use small 10 and 18-watt low pressure sodium fixtures. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP), including a specific schedule of the proposed development periods. Please be sure the schedule concentrates construction to the greatest extent possible to the non-nesting/hatching season (Nov. 16 thru Feb. 29). Coastal development occurring during any portion of the nesting season (March 1 thru Nov. 15) shall be conducted during daylight hours only. 13. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP), wherein the proposed dune crosswalks are shown consistent with the approved site plans. 14. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a copy of the Homeowners Association documents. The STPP requirements shall be incorporated into the Association's "Declaration of Covenants, Conditions, and Restrictions". 15. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised STPP, including a plan File No.: MJSP-06-004 January 16, 2007 Resolution No. 07-012 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 B. 22 23 24 25 26 27 28 29 30 C. 31 32 33 34 35 36 D. 37 38 39 40 41 42 43 44 45 E. 46 47 48 49 view depicting all structures proposed for construction and a schedule of the proposed development periods. 16. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised PAMP, including the following revisions to the proposed Sea Turtle Information signs: a. Signs should provide contact numbers for the St. Lucie County ERD (772- 462-2526) and Florida Fish and Wildlife Conservation Commission (561-575- 5408), instead of the Environmental Consultant's contact information. b. Signs should give the correct dates for sea turtle nesting/hatching season, which are March 1 through November 15, per St. Lucie County code. 17. The hours of operation for construction activities shall be limited to the time period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1 :00 P.M. Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. In the event the County adopts uniform hours of operation for construction activities that apply county wide, then such hours of operation shall supersede the hours of operation set forth herein. The property on which this Major Site Plan is being approved is described as follows: CORAL COVE BEACH-SECTION ONE- TRACTS C, D, E AND F AND THAT PART OF TRACT G L YG S OF LlII TO AND 500 FT N OF S LI OF SID (10.15 AC) (OR 2282- 2858; 2282-2861)) Property Tax I.D. # 1425-701-0206-000-4 (Location: Northeast corner of the intersection of North A-1-A and Shorewinds Drive) The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits on this property, shall expire on January 16, 2009, unless the developer has obtained building permits for the site plan descried in Part A or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, Greenwood Development Corporation of Florida, Inc., including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. File No.: MJSP-06-004 January 16, 2007 Resolution No. 07-012 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 F. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. G. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. H. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. I. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft xxx XXX XXX XXX XXX Vice-Chairman Joseph E. Smith Commissioner Doug Coward Commissioner Charles Grande Commissioner Paula A. Lewis PASSED AND DULY ADOPTED this 16th day of January 2007. File No.: MJSP-06-004 January 16, 2007 Resolution No. 07-012 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney we File: H:I RES06004 Meridian MJSP.doe File No.: MJSP-06-004 January 16, 2007 Resolution No. 07-012 Page 7 1 Exhibit A 2 3 4 Certificate of Capacity 5 6 7 8 9 10 11 12 13 14 15 16 17 18 File No.: MJSP-06-004 January 16,2007 Resolution No. 07-012 Page 8 v AGENDA REQUEST ITEM NO: 10 DATE: January 23, 2007 Regular[X] Public Hearing [ ] Consent [ ] TO: Board of County Commissioners PRESENTED BY: Beth Ryder Director SUBMITTED BY: Community Services SUBJECT: Florida Association of Counties (FAC) questionnaire on Portability of Save Our Homes Benefit. BACKGROUND: This session the legislature will have alternatives presented to the Save our Homes (SOH) benefit to allow home owners who would like to sell their homesteaded property and purchase another home take their SOH benefit to the new home. FAC sent out a survey on possible alternative proposals for portability of the Save our Homes (SOH) benefits and has requested that the Counties provide input for the Property Tax - Homestead and Save Our Homes Portability Workgroup. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Complete the attached questionnaire and forward the consensus of the ten various proposals to Florida Association of Counties and to Ron Book and Associates. COMMISSION ACTION: 10 Board gave direction to staff. Approved 5-0 CONCURREN -- X[] APPROVED [] DENIED [ ] OTHER: County Attorney:x J1 Coordination/Sianatures Management & BUdgetx~~ Other Purchasing: Originating Department: Other: Finance:x Check for copy only, if applicable G:\06-07 Agenda Requests\12-19-06 Troutman intermodal project.doc .. I Questionnaire on Portability of Save Our Homes Benefits Page 1 ot5 Questionnaire on Portability of Save Our Homes Benefits Exit this SI At the FAC Legislative Conference, the membership adopted positions intended restore balance to the property tax system particularly for non-homestead properties. The membership did not take a specific position on portability of tht Save our Homes Assessments to newly purchased homes. The FAC Homestead Save Our Homes Portability Workgroup will continue to meet to evaluate the portability proposals that come forth from the legislature. This questionnaire is intended to help advise the workgroup which criteria of the various proposals should be opposed and which should be considered. Please rank the following portability proposals using the following system: 4 - Strongly Supportive 3 - Somewhat Supportive 2 - No Position 1 - Somewhat Opposed o - Strongly Opposed * 1. Retain Existing System - Save our Homes (SOH) would continue to operate as put in place by the voters in 1992 where the assessment increases are limited to 30/0 or CPI but reassessed at market value in the year following sale. · 4 - Strongly Supportive · 3 - Somewhat Supportive · 2 - No Position · 1 - Somewhat Opposed · 0 - Strongly Opposed · Comments: --~._--_.-...--_.._-.._.._....,._.._---_....__...._.... . -_..._._--"--_.-._---~--_._----_..--._...~--_._.._...__.,..,,-,.,..-- * 2. Empty Nester Portability - Individuals aged 62 or older or that are totally and permanently disabled may transfer their assessed value to a new home one time within the same county if the new home is both smaller in size and value than the prior homestead. · 4 - Strongly Supportive .3 - Somewhat Supportive .2 - No Position · 1 - Somewhat Opposed .0 - Strongly Opposed · Comments: http://www.surveymonkey.comlUsers/40346487/Surveys/902473102682/B72D4FC6-6FO...l/18/2007 ~ 'Questionnaire on Portability of Save Our Homes Benefits Page 2 ot :5 ---- ~ - - -~--~-- - ---------~-~-----_._--,--_._---'----'---"----_._"-_.~"- * 3. Unlimited Portability - Any homesteader could purchase a new home anywhere in the state and transfer the SOH differential (the difference between the just value and assessed value that has not been taxed due to the SOH assessment limitation) to the new home. · 4 - Strongly Supportive · 3 - Somewhat Su pportive · 2 - No Position · 1 - Somewhat Opposed · 0 - Strongly Opposed · Comments: --~---,-"--_.._~--,--_._---~._--,-,._._,----"-'---------- * 4. Portability Limited within the Same County - Any homesteader could purchase a new home within the same county and transfer the SOH differential (the difference between the just value and assessed value that has not been taxed due to the SOH assessment limitation) to the new home. .4 - Strongly Supportive · 3 - Somewhat Supportive · 2 - No Position · 1 - Somewhat Opposed · 0 - Strongly Opposed · Comments: I 11.'.---'": '~" . ","'; I * 5. Portability Limited within the Same County with Local Option Reciprocity - Any homesteader could purchase a new home within the same county and transfer the SOH differential (the difference between the just value and assessed value that has not been taxed due to the SOH assessment limitation) to the new home. Counties would have the local option to set up reciprocity agreements with other counties to allow the transfer of the SOH benefit when the homeowner moves from one participating county to another. · 4 - Strongly Supportive · 3 - Somewhat Supportive · 2 - No Position http://www.surveymonkey.comlUsers/40346487/Surveys/902473102682/B72D4FC6-6FO...1/18/2007 #- 'Questionnaire on Portability of Save Our Homes Benefits Page 3 of5 . 1 - Somewhat Opposed .0 - Strongly Opposed . Comments: --_...._-~..__.__.,--,.,--,..._.._--"_...-_..,-_..._-_._.-- _..~._..~___._....,__u_____'__" .. _ ~..____...._.._._~_._.._,.._~_..___.._.._._.___. * 6. Optional Portability with the Option Going to the Homeowner - Keep the existing SOH provisions as they are today, providing a 3°10 or CPllimitation to annual assessment increases with a return to market value upon sale. Create an Option B that homeowners could opt to chose upon moving. This second option would allow the homeowner to take their benefit with them to a newly purchased home, but would require the homeowner to agree to be subject to a cap higher than the 30/0 or CPI for future years in order to restore equity over time. · 4 - Strongly Supportive · 3 - Somewhat Supportive · 2 - No Position · 1 - Somewhat Opposed · 0 - Strongly Opposed · Comments: ,....._....p.___..am __ ..._._..._._____.-..__._,.__._.."..,,_... .. .. .._.....~._..._______.._....._.,.. ._ .,__._......____....._.._..__m... * 7. Portability Limited Both to within the Same County and in the Amount of Value that can be Transferred to the Newly Purchased Home - Allow a homeowner that is moving within the same county to take some amount of the SOH differential with them to the newly purchased home, but limit the amount that can be taken to a dollar amount (example - $100,000). · 4 - Strongly Supportive .3 - Somewhat Supportive · 2 - No Position · 1 - Somewhat Opposed · 0 - Strongly Opposed · Comments: .._.._._~.__._,_..._-_._......._..__...~_..-_..__.----+_.._-.---,~_.,.'_....._--_...~.._.._.._-~_._._----_._._.-~-_..._---,_.._-..._.,.-.-_.._,.__..-. * 8. Portability Limited Both to within the Same County and in the Percent of Value that can be Protected for the Newly Purchased Home - Allow a homeowner that is moving within the same county to take some amount of the SOH differential with them to the newlv purchased home, but limit the amount that can be taken to a http://www.surveymonkey.comlUsers/40346487/Surveys/902473102682/B72D4FC6-6FO...1/18/2007 ." Questionnaire on Portability of Save Our Homes Benefits Page 4 ot ) f percentage of the value of the home. · 4 - Strongly Supportive · 3 - Somewhat Supportive · 2 - No Position · 1 - Somewhat Opposed .0 - Strongly Opposed · Comments: lMMm __Mm mM______m_ mM_ I * 9. portability within the Same County Allowed only One Time - Allow a homeowner to transfer the SOH benefit to a newly purchased home in the same county one time only. .4 - Strongly Supportive .3 - Somewhat Supportive .2 - No Position · 1 - Somewhat Opposed · 0 - Strongly Opposed · Comments: * 10. Please Indicate for Each of These Provisions Whether You Support Including as Part of Any Portability Proposal. Please Use the Following Ranking System: 4 - Strongly Supportive 3 - Somewhat Supportive 2 - No Position 1 - Somewhat Opposed o - Strongly Opposed I----j Within county only L- One time Only I limited to downsizing only L.- ._...~ limited to those aged 62 or older L_l Limited in the amount that can be transferred to a newly purchased home I . Local option determination to grant portability I... ..... ¡ Something put in place into the tax structure that will work to diminish the __nn. inequities between homeowners over time 11. Comments: http://www.surveymonkey.comlUsers/40346487/Surveys/902473102682/B72D4FC6-6FO...1/1812007 ." Questionnaire on Portability of Save Our Homes Benefits Page 5 ot 5 ...~,-_._._---,-_.._-,_._".-.__._-_.._------'----'-'-'_.-~--_.._.._--,--_.._------_._---_._---'---'_..,-----_.-.------.-------.----.."-- * 12. 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LUCIE COUNTY - BOARD WARRANT LIST #16- 13-JAN-2007 TO 19-JAN-2007 FUND SUMMARY General Fund CDBG Grant FY OS FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 CTD Medicaid Non-Emrg Grant FY 07 FDCA EMPA FY07 Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx FDOT 25th St. Widening Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Blakely Subdivision Fund Parks MSTU Fund Port & Airport Fund Port Fund FDOT Land Acquisitions/Planning Stu Const. Apron & Environmental Mitiga Drainage Improvements #407701 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Guardian Ad Litem Fund FHFA SHIP FY04/05 FHFA Hurricane Housing Recovery Impact Fees-Parks County Capital FDOT Intermodal Improvements County Capital-St Revenue Share Bnd Sanitary Landfill Fund Golf Course Fund Sports Complex Fund No County Utility District-Operatin Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 163,680.87 41,155.00 38,680.00 3,630.04 2,921.50 50,976.25 3,572.98 4,067.94 10.69 87.00 31,928,97 9,729.48 18,295.62 978,345.16 1,157.94 50,157,30 1,428.94 220,141.99 31,914.89 1,952.41 4,884.15 79.97 512,708.25 13,651.13 100.95 30,100.72 550.00 37,950.00 1,847.98 8,668.57 240.57 720.00 699.18 3,795.00- 5,027.37 10,592.89 2,035.00 313.00 130,633.89 1,795,867.30 25,216.57 43,524,43 3,978.57 57.44 10,000.00 2,539.29 179.47 1,080.00 32,070.34 4,325,357.00 PAGE PAYROLL 32,187.32 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,384.64 0.00 0.00 0.00 0.00 0.00 36,571.96 1 01/19/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #16- 13-JAN-2007 TO 19-JAN-2007 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund 145121 SJWMD/NATL EST Blind Creek Wetland GRAND TOTAL: EXPENSES 15,450.24 44,944.00 60,394.24 PAGE PAYROLL 0.00 0,00 0.00 1 01/19/07 FZABWARR 4D: 401 CHECK 00345343 ST. LUCIE COUNTY - BOARD VOID LIST# 16- 13-JAN-2007 TO 19-JAN-2007 - Sanitary Landfill Fund INVOICE VENDOR I2707338 Airgas South Inc TOTAL 243.00 243.00 FUND TOTAL: PAGE 1 ,."r AGENDA REQUEST ITEM NO.C2A DATE: January 23,2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Paradise Park Storm water Improvement Ronald W. Hughart and Judy D. Hughart Tax ID 1443-801-0143-000/-6 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Paradise Park SLC Stormwater Imp. - Stonnwater Management Account No.1 02803-3725-561007-42511 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Ronald and Judy Hughart for the purchase price of $30,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [~"APPROVED [ ] OTHER Approved 5-0 [ ] DENIED E: Review and Approvals [x] County Attomey:~ [x] Originating Dept: j!'t\~- [x] Engineering::~ [x] Public Works: MvPf'vÞ/3tW PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 23, 2007 SUBJECT: Contract for Sale and Purchase Paradise Park Storm water Improvement Ronald W. Hughart and Judy D. Hughart Tax ID 1443-801-0143-000/-6 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Paradise Park neighborhood. The Hughart property is one of the properties needed for part of a dry retention pond. We provided a willing selling letter to Mr. & Mrs. Hughart who expressed an interest in working with the County on this project. We sent a contract to Mr. & Mrs. Hughart in the amount of $30,000.00 which is in the range of value of East Coast Appraisers & Consultants. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Ronald and Judy Hughart for the purchase price of $30,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public 'Records of St. Lucie County. Respectfully submitted, ~â oAnn Ri ley t Property Acquisition Manager N Paradise Park Stormwater Improvements W~E s JUANITA AVE I...··.. 01[\ ·.\.1 \ · .... ···.IJJJI\\iD ~ITIIIJD l- I'-- ..- Z VALENCIA AVE SAN DIEGO AVE 0.·..·.·····..1. ·.··.iO.··...·.··.·n D~ I <110 ...[[J BARCELONA AVE [[] ITIJIJ I \ .~ . ~ I Rosarita Ave _ Subject Parcel D Parcel ~ 187.5 I l- I/) :¡: I- M ..- Z 375 I 750 Feet I JanU8/'f 2007 PROJECT NAME: Paradise Park Stormwater Improvement Project PARCEL: Ronald W. Hughart and Judy D. Hughart, his wife Parcell.D. 1433-801-0143-000/6 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this _ day of , 2007, between RONALD W. HUGHART and JUDY D. HUGHART.his wife. whose mailing address 1403 Valencia Avenue. Ft. Pierce. FL 34946. hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as m ay hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Thirty Thousand and 00/100 Dollars, ($30.000.00) determined to be the total of the following: Real Property (Land) and Buildings Other Improvements upon the Land (described, if any) Other (describe) $30.000.00 $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. This contract is contingent on the County purchasing the abutting property to the north and east of the subject property. 1 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordi nation agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlierthat the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title toP URCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 2 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before February 23. 2007 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 3 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies 'paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER sha\l not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunderwithout fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period 0 f no longer that five ( 5) business days to a \low the deed tot he PURCHASER to be recorded and the abstract ottitle continued, atthe expense ofthe PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a II release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that bysigning this agreement first, the SELLER is 0 ffering to s ell the property described above tot he PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreementwithin sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold ~ PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shaH be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and 3eals. EXECUTED by SELLER this '1+L day of M' 2007. ,~~~ d~:~ALD W. HUGHART 'fb ~~gff.j ~iifr' f ~ThONALD W. HUGHART r. ()¡1J2 ¡J.~ JUÐY . HUGH RT STATE OF rln.:; cL.... COUNTY OF 5\-.L.U;.H.." ) ) The foregoing instrument was acknowledged before me this 'lK day of ,2007, by RONALD W. HUGHART and JUDY D. HUGHART,his wife, who is ersonal y known to me or who has produced a drivers license issued within the last five years as identification. My Commission Expires ~~~ N tary Public - (Printed, Typed or Stamped Name of Notary Public) O:]),tS''f ,oÚ\ JoAnn Marie Riley :' * Commission ., 00374301 , Expires December 4, 2008 ~ OF IIInded 'haV I'I1II" ~ 1M. 1OQoMIo7018 EXECUTED by PURCHASER this day of ,2007 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS County Attorney ... EXHIBIT "A" Lot 10, Block 7, PARADISE PARK ADDITION, according to the Plat thereof, as recorded in Plat Book 8, at Page 36, of the Public Records of St. Lucie County, Florida. EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES ~/A n EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS N/A EXHIBIT "0" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS ,J/Pr -4 -4 EXHIBIT "E" POLICIES OF INSURANCE ¡J/A 1" )- ¡,. AGENDA REQUEST ITEM NO. C2B DATE: January 23, 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. 07-0084 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. Approved 5-0 COMMISSION ACTION: [f'APPROVED [ ] DENIED [ ] OTHER: [X] co"", Attom", ¡}1:/ Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 .. 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: 07-0084 DATE: January 23, 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. Heather Sperrazza Lueke Assistant County Attorney HL/ ~ AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE STATE 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 30, 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 23, 2007 at 9:00 a.m. Jack T. Southard Public Safety Director 1 .- AGENDA REQUEST ITEM NO. ~ DATE: January 23, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Authorized Dealers/Contacts List for St. Lucie County Investments BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the attached Authorized Dealers/Contacts List Approved 5-0 Do las Anderson County Administrator COMMISSION ACTION: [-~" APPROVED [ ] DENIED [ ] OTHER: County Attorney: vc¿ Review and Approvals Management & Budget Purchas i ng: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07 -0096 DATE: January 19,2007 SUBJECT: Authorized Dealers/Contacts List for St. Lucie County Investments ***********************....AAAAAAAAAAAAAAAAAAAAA************************************* BACKGROUND: Attached is a copy of a memorandum received from the County's Finance Director, Chris Hartley, requesting approval of the list of Authorized Dealers/Contacts for St. Lucie County Investments. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Authorized Dealers/Contacts list. Respectfully submitted, DSM/caf Attachments CLERK OF CIRCUIT COURT FINANCE DEPARTMENT INTEROFFICE MEMORANDUM ~ TO: Dan McIntyre, County Attorney Chris Hartley, Finance DirectoM.¡ January 17, 2007 FROM: DATE: RE: Board of County Commissioners Agenda Attached, please find the Authorized Dealers/Contacts list for St. Lucie County Investments, for Board approval. Please place this on the agenda for the January 23, 2007 Board of County Commissioners meeting. If you require any additional infonnation or have any questions, please feel free to contact me. . Thank you for your assistance in this matter. CKH/llh Cc: Doug Anderson, County Administrator, w/o attachments attachment :.:.,.;.-"-.- 'E JAN 1 1 1007 ~~ì , )., AUTHORIZED DEALERS/CONTACTS INSTITUTION AUTHORIZED CONTACT PHONE US Bank Caridad Gonzalez 305-350-1739 Attention: Corporate Trust Department FAX 305-350-1746 200 S. Biscayne Blvd, Ste 1870 Miami, FL 33131 Caridad. gonzalez@usbank.com Timothy Miller - Account Manager 305-350-1750 Timothy.miller3 @usbank.com FAX 305-350-1746 Kelly Chilsonkueh1- Security Purchases 651-495-3746 Kelly.chilsonkuehl@usbank.com FAX 651-495-8087 Suntrust Steve Trescott 305-579-7329 Suntrust Capital Markets FAX 305-577-5092 777 Brickell Ave. #1046 Miami, FL 33131 Steve. trescott@suntrust.com David Debasio 305-579-7329 David.debasio@suntrust.com FAX 305-577-5092 Harbor Federal Candice Loupe 772-462-5675 100 S. Second Street FAX 772-460-7056 Ft Pierce, FL 34950 Loupe.candice@harborfederal.com Wanda Sapp 772-460-7024 Sapp.wanda@harborfederal.com FAX 772-460-7056 Aileen Pruitt 772-460-7044 Pruitt@harborfederal.com Randy Ezell 772-462-5658 ezell@harborfederla.com FAX 772-460-7001 Seacoast National Greg Kimmins 772-466- 3401 Bank 610 Delaware Ave FAX 772-466-3402 Ft. Pierce, FL 34948 Gregory.kimmins@seacoastnationa1.net Kathy Cavicchio1i 772-221-2628 815 Colorado Ave. 772-221-2544 Stuart, FL 34994 FAX 772-221-2561 Kathy .cavicchio 1i@seacoastnationa1.com Thomas Jones for CD's 772-337-6135 9698 S. US 1 FAX 772-337-6146 Pt. S1. Lucie, FL 34952 Thorn. j ones@seacoastnationa1.com Riverside National Floyd Fulton for CD's 772-462-5054 Bank 2810 US 1 FAX 772-462-5039 Ft. Pierce, FL 34982 Floyd. fulton@riversidenb.com AG Edwards Jeffrey Cook 772-465-4100 311 S. 2nd Street FAX 772-460-2499 Ft. Pierce, FL 34950 J eff.cook@agedwards.com Earl Campbell 772-465 -4100 Earl.campbell@agedwards.com FAX 772-460-2499 Merrill Lynch Eduardo A vello 305-774-0676 Global Institutional Advisory Division FAX 305-774-6748 355 Alhambra Circle, Ste 1502C Coral Gables, FL 33134 Eduardo avello@ml.co L. Anne Goldman 305-774-0674 logoldman@exchange.ml.com 800-720-0675 FAX 305-774-6748 Wachovia Paul Vincent - Government(ID#A956578) 450 S. Australian Ave. West Palm Beach, FL 33401 Paul. vincent@wachovia.com 561-650-2362 FAX 561-650-2367 Gulfstream Business Bank Teresa Hoy1a 772-426-8100 2400 SE Monterey Road, Ste 100 FAX 772-426-8110 Stuart, FL 34996-3351 www.gsbb.com Bear, Sterns James L. Canale, Jr 866-909-0434 & Co., Ine 1715 Aaron Brenner Dr., Ste 400 FAX 917-849-4001 Memphis, TN 38120 icana1e@bear.com Gary C. Mills 866-909-0419 gmills@bear.co. FAX 917-849-0727 AGENDA REQUEST ITEM NO: c-3A DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: The Daniel M. Foundation, Inc. waiver of fees requestlFt. Pierce Community Center BACKGROUND: Per the attached correspondence, The Daniel M. Foundation, Inc. dba Camp Holiday Children's Center, a non-profit organization, is requesting a waiver of rental fees in the amount of $860.00. The organization offers Respite (specialized care) to children who have emotional and behavioral health disorders who are unable to attend community based programs due to behavioral issues. Children's Services Council of St. Lucie & Martin Counties, The State of Florida Department of Children &Families and The United Way of St. Lucie County supports the organization through the funding they provide. The organization will hold its 3rd Annual Kidz A' Fair Children's Art Festival on May 5, 2007 at the Fort Pierce Community Center from 10:30 am until 4:00 pm. Please see attached correspondence for additional information. Staff recommends that the Board of County Commissioners approve the waiver of fee request from The Daniel M. Foundation, Inc. PREVIOUS ACTION: N/A FUNDS Will BE MADE AVAilABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve The Daniel M. Foundation's request for a waiver of fees in the amount of $860.00 for use of the Fort Pierce Community Center to hold its 3rd Annual Kidz A' Fair Children's Art Festival on May 5, 2007 from 10:30 am until 4:00 pm. Approved 5-0 NCE: COMMISSION ACTION: ex] APPROVED [ ] OTHER: [ ] DENIED Do A erson County Administrator o /./<1- County Attorney: h- Originating Dept: _ I I _ t~t'~'/ Coord ination/Siq natu res Mgt & Budget: Public Works: Purchasing: Other: Finance: (Check for Copy only, if applicable) .' Parks and Recreation Department Mèmorandum To: From: Board of County Commissioners Linda Barton, Assistant Director (I; Subject: Approval of Agenda Item #C-3 Date: 1/4/2007 Per the attached correspondence, The Daniel M. Foundation, Inc. d/b/a Camp Holiday Children's Center, a non-profit organization, is requesting a waiver of rental fees in the amount of $860.00. The organization offers Respite (specialized care) to children who have emotional and behavioral health disorders who are unable to attend community based programs due to behavioral issues. Children's Services Council of St. Lucie & Martin Counties, The State of Florida Department of Children &Families and The United Way of St. Lucie County supports the organization through the funding they provide. The organization will hold its 3rd Annual Kidz A' Fair Children's Art Festival on May 5,2007 at the Fort Pierce Community Center from 10:30 am until 4:00 pm. Please see attached correspondence for additional information. Staff recommends that the Board of County Commissioners approve the waiver of fee request from The Daniel M. Foundation, Inc. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File ----- .. i·---'---~--~ .:. ì. . . , ~~W'N"~~·...._...i...<~i.! www.danielmfoundation.com ~ 71ie (j)anie{:M.. poundåtionJ Inc. FacUlty lAJCatlon: 309 S, .,.. Street PI Pierce, FL 34950 772-466-005I1Fax: 772-466-6616 Martin County Outreach Office: 1320 SE Federal Hwy,. Ste, 211 Stuart, FL, 34994 772-223-6356/Fax: 772-223-6357 Mailinl! Add ress: 827 Sunrise Blvd. Ft Pierce, FL, 34950 772-466-6637/Fax: 772-467-1441 Debbie Brisson St. Lucie County Parks and Recreation Department 2300 Virginia Avenue Fort Pierce, Florida 34982 December 20, 2007 Dear Debbie Brisson: The Daniel M. Foundation, Inc. dba Camp Holiday Children's Center is a non-profit organization that offers Respite (specialized care) to children who have emotional and behavioral health disorders such as ADHD, Depression, Bi-Polar and Anxiety, who are unable to attend community based programs due to their behaviors. This care is provided through a variety of services that include after school care, Summer Camp, Saturday care, and a Preschool. The focus of these services is on behavioral interventions, social skill development, and helping the family as a whole. The program also offers parents/guardians trainings, workshops and support to help them learn how to have a positive effect on their child and develop coping techniques for when they are faced with the day-to-day challenges of raising a special needs child. This Respite program enhances the lives and supports the development of these children and their families while providing invaluable help that is not available from any other organization on the Treasure Coast. The parents that use the provided services are surveyed each quårter to ensure that we are meeting the needs of their family. One parent responded with the following statement when asked why she found the support system provided by The Daniel M. Foundation so valuable. "'Witell my SOll tumeá 5 (jicJe) liis emotiollafa1lá6eli;;wiorai issues 6ecame u1l1nallafJea6fe. He was 'uioic1It aud ácpresseá 01/ top of 6eÙ1fJ nyperaet;cJe. Couutfess psyeniatrists toM me tliat i1l-patiellt care was tite 01/fy auswer '(¡Jeff, I fOll1/á allotliu allswer, 'ffte (Dallief ~f. IFolllUfatioll. It 'Was itere that I 'was a6fe to fillá tite liiááeu treasllreslVitliÙlmy SOli. <j't'allY cfÚfárell strufJfJHlIfJlVitli emotiolla{ allá 6elial'iom{ disoráers call 6e mislllufer.rtood; Camp :J{oHáay g;(Jes parellts tli-e opportulIity for a 6rea{allá some "lIonna[ey" ill Ollr fic.es. sometliitlfJ tfÙ¡t otners taf(s for gra1lted; 1/0'W I fÙl'ue tfte time toreaffy see my eli/lei's ':J{iááell 'Treasures'. " The Daniel M. Foundation opened its doors to the community in August of 1999, and has since that time provided over 104,900 hours of Respite. In 2006 alone, over 16,000 hours of Respite was provided to families within the Treasure Coast area. In June of this year, The Daniel M. Foundation had to relocate to a larger facility so that it could accommodate the growing number of children in need of this program. Our work is supported through the funding provided by Children's Services Council of St. Lucie County, The State of Florida Department of Children and ì, . \J-:f\-...' ' \..-4': i State of Florida Department of Children & Families Children's Services Council OF MARTIN COUNTY ;; I"---~-~'~-; . 't . . ~ .".....~ .. .IIUII .toI.~",_'W'.._",.",""",,,,~'.' www.danielmfoundation.com ~ 7he (j)anie{:M.. Poundåtion, Inc. Facility Location: 309 S, 7'" Street Ft Pierce, FL 34950 772-466-00511Fax: 772-466-6616 Martin County Outreach Office: 1320 SE Federal Hwy" Ste, 211 Stuart. FL 34994 772-223-6356/Fax: 772-223-6357 Mailin1! Address: 827 Sunrise Blvd, Ft Pierce. FL, 34950 772-466-6637/Fax: 772-467-1441 Families, The United Way of St. Lucie County, Children's Services Council of Martin County, the generosity of the community we serve, and fundraising events. On May 5,2007, The Daniel M. Foundation, Inc. will be hosting it's 3rd Annual Kidz A' Fair Children's Art Festival, allowing area students (grades K-8) to submit artwork, which enables their talents to be recognized and awarded prizes. All of the submitted artwork will be on display at the Art Festival, which will be held at the Fort Pierce Community Center from 10:30 am until 4:00 pm. At this year's event, children will be able to work with, and learn about various other forms of art and there will be presentations, demonstrations, educational booths and games with other special surprises throughout the day. Kidz A'Fair is a free event open to the community to come out and enjoy. The Daniel M. Foundation, Inc. plans this event each year to take place during National Children's Mental Health Week to promote awareness of the severely increasing statistics of children in our communities who are struggling with mental health disorders and emotional and behavioral health issues and what we as a community can do to help. Since we are a non-profit 501 (c) (3) organization, our budget is limited. Holding such an event can get costly, so we are looking to the county for assistance in this matter. It would be a great help to have fees waived for the use of the Fort Pierce Community Center. It would enable us to focus our budget for the event on more important matters, such as art supplies, so that the community children may participate in creating wonderful works of art. We need the help of our community to ensure that the children of the Treasure Coast can partake in our third annual event and express their ideas and dreams during our themed event, "Imagine the Possibilities". Only through the continued support of our communities can The Daniel M. Foundation, Inc. help those children who struggle with emotional and behavioral health disorders and help other families find their children's "Hidden Treasures". The Daniel M. Foundation, Inc. appreciates the county's assistance and would like to take the opportunity to thank you in advance for your time and support. Sincerely, ~J'a 91£;ffdiÚb Laura Meredith Public Relations Manager .......11'!;1;" ''''I''W: ,,,~~"'p: Ir"'e~ ~.. \J"I.,......<t,., '"'~~...''' ''-i-., - ~- , ......~.."~,...".'_."7... f~f}f·"i·~""·' "<':~èì:~~ . .;/ ~ ".g ? ,~ .; '1 ·$'.¿I State of Florida Department of Children & Famllies Child;-en's s~rvic~s C~uncil OF MARTIN COLTNTY --y AGENDA REQUEST ITEM NO: C-3.8 DATE: January 23, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: South Causeway Island Improvement Project/Approve Glatting Jackson Work Authorization For Preparation Of Construction Documents. BACKGROUND: The County and Fort Pierce Redevelopment Agency (FPRA) have entered in an Interlocal Agreement for the purpose of implementing improvements at South Causeway Island. Funding for the project will be provided through a FIND Grant, County Park "A" funds and FPRA funds. Staff is requesting that the Board of County Commissioners approve WA # with Glatting Jackson in the amount of $587,387 for the purpose of preparing Construction Documents. PREVIOUS ACTION: N/A FUNDS AVAILABLE: Fort Pierce Redevelopment Agency (up to $213,625), FIND Grant ($258,300), Park "A" Impact Fees 310002-7210-563000-7610 (up to$213,625). RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Glatting & Jackson Work Authorization in the amount of $587,387 for the purpose of preparing Construction Documents. COMMISSION ACTION: [P'APPROVED [] DENIED [ ] OTHER: Approved 5-0 ENCE: County Attorney: Originating Dept: n , /, ~ .. -. ~ ¡if !j!; ~ ..h ~. þ I Coord in ation/SiQ n atu res Mgt & Budget: i 1-..0 Purchasing: Public Works: _0'· Other: Finance: (Check for Copy only, if applicable) " ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: From: Date: Subject: Linda Barton Bill Hoeffner January 2, 2007 South Causeway Island The grant of $258,300 from the Florida Inland Navigation District (FIND) has been received. However, the County cannot receive any reimbursement from the grant until project construction is initiated. The first quarterly report for the grant was due on 12/30/2006. I will be completing this and forwarding it to you this morning for your review and approval. Grant funds can only be spent on design, engineering, and permitting of improvements east of the boat ramp. The grant contract stipulates design and engineering must be completed by 9/1/2008. The grant requires a 1: 1 match. Half of the match ($129,150) is to come from the County and half is to come from the Fort Pierce Redevelopment Agency (FPRA). The grant project therefore involves the following funds: FIND $258,300 St. Lucie County $129,150 FPRA $129,150 ------------- Total $516,600 The interlocal agreement also provides for both the County and the FPRA to contribute an additional $84,475 each for design and engineering elements that either exceed or cannot be covered by the grant and grant match (i.e. elements west of the boat ramp or costs for elements east of the boat ramp that exceed $516,600). The County's match of $129,150 and additional contribution of $84,475 for a total of $213,925 is suppose to be available in Fund 310002-7210- 56300-7610. Total funding for this project is therefore as follows: FIND St. Lucie County Grant Match St. Lucie County Additional Contribution FPRA Grant Match FPRA Additional Contribution $258,300 $129,150 $84,475 $129,150 $84,475 ------------- Total $685,550 During this past week, I received the signed interlocal from Jon Ward. I will be forwarding it to the Attorney's office for review and signing by the SDCC Chair. Please call if you have any questions. [. GLATTING JACKSON KERCHER ANGLIN Jack ~ Gi,jttdìC. I ot.llh1Pr Wi:Jt.am J Anqlln ,I í)fl'llld l. B-3I!') (jrt;q~)f'y A An:!.. [);¡r' ~ Rw dt·, I (rJnl:es. L ¡~hé¡ndl€'r ."1~1rtn,) (h,tri..., P ,--obillt-, j~1Y H. hWll ~~Jrp'l S 11.1,/' ¡.w R I hJ\!d Tirroth'l T. J.( ~ ~t:'1 Wd!!am ( K('f(npf ¡I ""ilitH\o1. I\Uldiíl B/t:"nt ,." LJC., 'iÌl.1Wf'. K. L.1Jn,mtl.l ¡dO M.l(Jt.~wood Thon1..i\ 1. M(McH ~pn If lohn H P!'f( i TtT>V P. Ru',', PeTe-r ( ~f.'(hItJI lJonald G. Wlsh.lrt Gt:,nt1rl'Y L J\ìlt>n (l1tH!e.. M. ~lkHI" Lalr:e L. ßorh.') \.11\('" J Aro'o\l'! KM('n 1'" (,HT:Unl¡r: N.1fo? L. (1.111 Dð\lld R U.1US Todd 0 Ch:'m~i1'''' MKh.Jt..'1 fl Cc(hr,!n ,.\, BldKC O,ur''II' Sh..lun l. F~r9u~nn [)oul.jtJ~ V. \;,;;HI'I~5 Jonn r. l1nffin f¡¡ Mu. h.1t'1 O. Grl~+'" 8n1CI? C H.IH jon,,, f!, Hambly l}a,~..j ,\-\ HrJpp€,:; P,\trl{ 1.1 ')t"pUIIt~{Jd·Hu;.J Gl'OHJt.' \.1. Kr.trrtt-'r Gall D, LJcev l.~uren(e V. l~wl~ IrlfW l.trn-Ytip Wìlliðm D. Lltt'\ K(1k W..m Mah Dan P M.ln~v Jt!Hf'::.''; F M,tn~it'1 [dwanj J M( Klnn4~Y l1andãll S. MCj¿ur Douglas A. MoiH.lgl:?f Bdlr.i N Mühabt'~f tohn J. Moor... iii P..lU1 L MotH,' Jonathan M Muqrnon Kar~n D. ~e150n K...1f h¡€"~n S. Q'5uiltvan C.Hlo~, F. Pe'~l Kf'IIf!Y Sdmuels Peternl,J/1 Andrea D. Peter~en Hedthe. L P~lIel MJry T nylür R.1UIt'rc,oQ NJnt)l M. Rob"'t' raTa l. SalmlC'ï (r..tit) A. ';h.1dn:< Andrew B. ShCPPd(11 1\o1¡k~ ¡.> ~}ob(lak Mòx'Nt_'¡1 0, Sp.Jnn JeH M. ') u~.1f P.;u¡.^t.. T.tylm HmMld L. UrbdOl.'Ik G..ry E WJrnH Jo"..ph i. Wrbü }onn P.1l11 Wt,....,nt·, Community Planning.o..ign /)") Clt'ITMtt... C¡tlr~~ SlHU' .:'(){; Wen Palm BeJch, FI 33W I P:Sól 65') 6~lj2 F ,)61 In 1 ~ :'90 www.gl.ttln9 .: (W', Atli:lllta· ¡)r!cHid,) ll,;..;,[ ¡'alrn U~,j(h LETTF. R 0 F AGRF.F.:\lF.:\'T November 2!, 2005 Rel'lsed: ¡VO\'emba 30. ]()05 Revised: April 21J. 20{)6 Rt!\'ised: Decemher I. 1006 R¿vised Jaml<UT to. 2007 \ifrs. Dt:bble Bnssun St. l.ucie County Parks & Recreation [kpanment 2300 Virgima Avenue Ft. PIerce. FL 34982 Telephone: (772) 462-1518 Facsimile: (n2) 462-1940 Heremafter referred to as Client .-\. ~ D Glattlng Jackson Kal:hcr Anglin. Inc, 222 Ckmatis Street. Suite 200 W cst Palm Bt:ach. Flonda 3340 I Hereinafter rdèrred to as Glatting .Jackson. Re: 51. Lude County South Causc\vay Island Park ProjCl:t # 19425.00 Dt:ar Debbie: Glatting Jackson is pleased to provide thIs l.t:tter of Agreement to 51. LucIe County (Client) to prepare a Conceptual ylaster Plan and COl1strudion Documents for Development of the South Cause\vay Island Park, 1.0 PROJECT DESCRIPTION 1.1 St. Lucie County desin:s to develop constructIOn documents for the +!- 23 acre South Causeway Island Park., located in the City of Fl. Pierce, St. Lucie County. Florida, The Client desires Glatting Jackson to produœ constructlOn documents and an Order of Magnitude Cost Estimate based upun Glatting Jackson's conceptual plan attached as Exhibit "A", 1,2 The sl:upe and fees described in this Agreement are based upon the: Opinion of Probable Cost ("budget") dated 12/19/05 and attached as Exhibit "Fr'. The budget has been rt:duced from $7.635,000 to 56,710,000 (excluding contingencylin n:spone to the (,hent's request to eliminate two (21 dements from the proJcct - Bndgc LIghting ($S25,OOO) and Architectural Bridge Enhancements ($100.000) 13 The project shall be designed to proVldl:' fur three (3) phases of constructIOn. Should the [C construction ot Phase I ex.ceed t\\eh<.: (¡ -2) month,.;. .;en, l\.:e~ tl1 JccommoJate such chang..::s "hail he prO\ïded as an .-\dJiu\JIlal Ser\lce COI1:itrul.:tlün AdmInIstration servIces döcrilx:d m th1~ Agreement Include on];. Phase I of ConstnlctlOn: Construction :\dmln1:'>tra[10n tor subsequent phasl:s shall he:: provIded as an AJdwonal ServIce to this Agrecm\.'nL 14 CilattlI1g Jacbon shall act concurrently ~h tbe Pro¡ect \lanagcr fur the proJect. as well as the Park Planner anJ Landscape .-\n;hltèct. 1.5 ProfessIOnals workmg on the projl:ct as Sllbc,)nsu!tants to G!attmg Jackson IIlclude: Arc h ttectural Dcs¡~'11 Swphcn BomtT .-\L-\ Architects & PLumas Cívtl F.nglt1eenng. Gl:otl:chnical. Electrical. Permlttlt1g. Survcymg & Traffic .\nalysis LBFII &: Assoclatcs lrrigation Dt.:S1~'11 KIser & A::-sUl;lates 2.0 SCOPE OF SER\ lCES PART 1- Oata Collection and Analysis 2, ¡ Project :\lanagement en addition to the specltic services detaikù bdow. Glattmg Jackson shall coorJll1ate our work and our sub consultant's \\;ork with the Client's represematl\'è. monitor the project schedule as It relates to this scope. and provide tImdy mvoicmg and rt::portmg ofproJcct progress, ., -, Coordination of the Work of Subconsultants to Glatting Jackson - The Client ht.:reby acknowledges and agrees that Glatting Jackson w1l1 assume responsibility tòr the coordination uf \\ork produced by any suhconsultants to Glatting Jackson as Project ~Ianager for the proJcct. llùwever. th.: Client agrees that Glaltmg Jackson does not bear any liability for the technical accuracy of \vork prepan:d by others, All protesslOnal tim1s working on the project shall bear separate responsibility and lIability for the work prepared by them, ::U Geotechnical Data - Glattlng Jaáson's Clvtl Lngineenng subconsultant shall conduct soil test,; and lcvd I hazardous matenals analysIS for tht:: site. includmg bonngs tòr the stormw::ner management system design, building foundatIOn design. waterfront promcnade wIth rem fon:ed 2' h1gh knee wal! design. anJ parking lot design Glanmg Jackson wlÌI pn)\]Jt:: a Conceptual SIte Plan to the engineer \\ho wIll Ilkntity the approXl!11ate locatIOn., of antIcipated required bonngs, Copies of the suils report and bOrings :.hall be prol"lded to the ProJcct Team for their use, 2A Site Inspection \\ith South Flurida Water :\Ianagement District (SFWMD) Florida Department of Emironmental Protectiun (FDEP) and Army Corps of Engineers [C (.\COE) (ilattm~ J~1\;k"lJn's ('1\11 h1~meenng sunconsultant shall (.;unJuct J revII;w of the site wIth representatives ur the SHV\1D. FDFP and the ACOE. The Engineer will ohtall1 (.;unliml<1t1ún or any wetland JUrISdiction oetenmnat¡un Cilattmg Jacbon'~ C1\'11 FnglI1eer will obtam thIS mfom1atlon to understanJ the atlL'cts on coastal eOlbtruction sctb;,II.:ks and drainage: rèLjulrements, 2-5 Site Boundary. Tree Survcy, Topographic, and Sea Grass Data Glartlng Jackson's Cl\·j I Engmèenng sllbconsultant will Ct1l1Ju(.;t ;,¡ survey of the site and prepare a base map that will be used by the to pn:pare Jeslgn document:;. The hase map w1l1 sho\v the locatIon of eXIstIng tÌ::atllrcs. mduJlng hut not Ilmltcd to topography. boundary, vegetation, wctland Junsdlctional infòmlation, sea !"'Ta,,s. speclèS ()f speL:lal conCèrn lI1formatlün. adj:.l\:L'T1t land uses. adpcent zonmg. utilitlL's. nght-of-way mfonnation ¡md eas':ITIt:l1h, 2.6 Clicnt Rcvicw - (jlatting háson's CI\11 Engineering subconsultant shall provide the survcy to the ClIent f(lf review and qLU:stiot1s, The Chent shall provide one ( l) set of wnttl.:n \:omments to the engineer. If neœssary, \vhich shall be lt1corporawd mto the :,urvey to create an accurate base map for the proJect. 2,7 Off Site Analysis C¡'1anmg Ja.:kson's CIVil Engmeenng subconsultant shall attend up two (2) meetings tl) analyze olT-sit<:: conditions rncluding utilttles, nghts-of-way and I.:asements, road\vays (exIsting amI proposed). adjacent land uses, and current and future traffic cIrculation adjacent to the sitc affecting ingress and eb.'Tess. The Civil Engineer shall distribute a memorandum that summarizes the tìndings of the an:llysis to the Chen! and the Project Team for revie\\., 2,S Site Analysis :\lemorandum and Base \Iap - Glatting Jal.:kson shall coordmate the preparation of a memorandum and map summarizmg the frndmg" from the tasks outlinc:d above. and subrmt one ( I) copy to the Client for review and comment. 2.9 Review \Ieeting - Glattlng Jal.:kson shall conduct a meetIng wIth the Project Team and Chent to review and discuss the Site AnalysIs Memorandum and Base Map. and to dismss any constraints to dc\'dopment of the site. Glatting Jackson shall revise the Site Analysis Memorandum one (l) time based on the Client's comments. if neccssary, If additional revisions, analysIs or Held Investigations are determined to he ne(;cssary. these shall bl..: provided to the Cltcnt as an i\dditlon:ll Service, Parr 1 Deln'erahies - As a result of these tasks, the Glauing Jackson Prv;t:'ct Teolll I'hall produce IhefoIÙ)a'Ù¡g Sitt! [nspecrilln Mt!elÍlIg .\li/llileS uit/¡ SFWJ1D.FD1:P and the ,ICOE tLBFH) Site .-J nd~Llis Memorandum and Base Mal' ¡Glutting J'll'hulI) Nevi",·I\. Jfet!ling .\/inl/tc's ¡Glattillg .Idd.,;rN!¡ PART II - Schematic Design Documents - 30~';, CDs Submittal [C ,\t thIs tIme. thc followmg c!c:mc;nh \\¡] he: retkctcd In lilt: ClIn"trllLtllm Documents hased upon three (3) constructIOn pha",es It' ,Hld![wnal program clcmerH,s are reques!I:d by the Client. Glattmg Jackson shall provld~~ design. pcnT1l[tmg and constructIOn documents for those e!c:ments as an Additional Ser\lce, [he clC:!1lcnh for the dcn:lopment uf constructIon dm;llments include: · One ( I ) son "f picniC pa \1 I IIJn w1!h 11ght,; · One: (I) large paVIlIOn wIth restrooms near plaY~'Tnund · One (1) restroom îacdlty · Five (5) 150 s.L pH.:mc pa\'dlOns wtth lighh · ~ew pedestnan prnme:nadc from t.:,istmg manne center to western Coast Guard Facility property !lne (including bt.:hll1d Chuck's Seafood) · :"Jew pier over outfall pipe west of Chuck' s Seafood I.I.lth pavIlIon · ;-';e\\ pa\cd parkmg lot adjacent to multi-purpose open space · \few parkmg area... along pedestnan pwmcnade to lIldllde concrete curbs. crushed shell surtàcc. and eoncrete ~lCcessible spa..:es · Decuratl\e lighting throughout park · Refurbishment plan for WWI[ I no!wut Tower · W::IY tindmg slg1uge · Lush landsc::Ipe plannng scheme · New park furl11shll1gs. i,e, bC:!ìch\:s. trash rece:ptaclcs. barheque ~'Tills, bIke nicks, pICniC tahles. etc, · Identify location only ti.)!" Sunken Ship Playground · hkntify locatton unl;. [(Ir SITIlthsoman t-otanne Center Classroom expansion ., 10 Schematic Design Tht.: Glattmg Jackson Project Team shall prepare schematic development plans hased upon the conceptual master p1an, Exhibit ":\" attached. The following will constitult.: thc scope of the le:m15 work: · Overall site. hardscape. and 1andseape plans idcnl1fymg proposed plant massing. site furmshmgs, and hardscapc timshes (Cìlattmg Ja.àson) Schematic archltectur:ll deslgn of the proposed pavilions, restroom buddmgs. and refurhlshment plan for the WWlI Lookout Tower (Stephen Borutl). S¡,;hematic CIvil deslh,'11 Includmg paving (parlUng lot desIgn), drainage. utilities and si¡,.rnallzatllm (LBFII) Up to tin: (5) graphl\: skc:tches that convey the desIgn character or illustTate particular dements of the project (Glatting Jackson) lrngatlon maml\flc routlllg plan (Kiser) Statement ofprobabk costs (caeh fe::lm mcmber per thclr dra\\mgs) · · · · · Cilattmg Ja\:k5on will cunsoltdatc thc vanous plans prepared by the Projcct fe:am into a set of dOl:uments (JO"" suhn1lttal) for the Cltent to reVlcw. and will present the schematIc desIgn at on\: ( I ) pub]¡c mcetmg to the Süuth Bcach Homeowner's Associanon. one (¡ ) mect1!1~ to the Bnard ot'County Comllllssloners and one (1) rl1l'cting to the: Fort Piçrcc City Commission, Cilattl!1g J:lckson will prepare and dlstnbute n1tnuks from each ot the Illcet:r1!?'i to the- County fur rçvíe\\, [C 2 t ¡ Clicnt Rc\ic\\,\leeting - Ih.: .'¡¡"" ~ubrnlttal \\ill be: Jt:>tnhuteJ by thl: Cllcnt tu applil:ahi;: County Stalf r4)r the:lr re\ lè\\, [he: l'IH:nt wIll provH,Ì\,: the Project Team WIth Olle ( I ) consoliJatd ~et .)t' \H1tkn comments andor marked up drawmg~ prèpared by County Staff. Ha~cd Oil commŒb pr\wldeJ by the Chem, Glattmg Jackson will then dlslnbute the clJn,;,\lld;.¡l~d bt uf \\T:tten cornments to the ProJe..:t Team, Cilattmg hcbun and the ProJcct Icam \\ I [I then mect with the ClIent one ( I ) time to revIew and dlsl:u::,s the ":oI11l11cnh. R<.:\ ISluns III respun~e:: to the: re\ïeW comments \vIII be ITH;orpt)rated II1t\) the 60"" COIl~trtlCll()n [)U\;urnent", .\ddltlunal revISIOns or changes In re~pOlbe to subsequc'nt re\le\\ comments n:quested by the Client shall be provided as an AdditIonal ScrvK<.:, , [2 COllrctination 'Iccting - Giattlng Ja..:kson and the Project Team shall attend a coordin:1Cmn con I\:rcnce caILmcctll1g to veri fy al! review wmments from the 30'% l\>nstructlon Document submit,al are addressed and m..:orporated mto the 600';, Construction Do..: umen! s~¡bmlt ta l. PUr! ff lh:liwruhl..:s- .-Is íI result Offhl'sC lasKs, Glalliflg Jackson alld lIlt! Projt!Cl Tt!am sh,¡/l product! the/il/luIling Five (5) Mad ulld \\hÙc \'('hcmatic plulls I.1l U scale of l" "" 211', idenlifting proposed plaTli massillg, sitefcatures and themiflg (GlLlltiflg Jackson) Five (10) sets u(Scht'matf(' Ci0l drawiJlgs lit (/ scule of I" =: 20' (LBF!!) Ftve (51 sets r{ Sc!u;'I11a(ic ,·/rclIllCC(lIral drmvillgs at WI applicable sC(lle to Wustrate thl! design intellt (.'ÚephcfI BOI"l!t1ì renl I) ('uples (It i/ll/strat/lt' graphic sketches (up ((J 511 Glarrillg Jacksoll) Fite (5) .hII I)f lip (I) (l\'t'lItv ! 2111 <':1'1'2" X f I" ("lit sheets I)f sift:: jiu'JIi(lIre alld jeatllres (G/attiflg JacksmlJ Five (5) copies !~((h(' order II/magnilllde shrtemellt ()(prohuhle cost (each Team mcmbcr pCI' their drawillgsl Ont: (1) CIi"'lIt RtTit'1\ ,\/t'e:ing .tlimllt!s ((flattillg Jack.IOII) three (3) '\/"<'Iillg .\lillllh: ,\fclllorandUII/.1 P,\RI' III - I>csign Dcvelopmcnt Documcnts - 60'Vo CDs Submittal 2, ! -' ()csi~n Dc\'clopmcnt Documcnts- Ba~ed on the approved Schematic Design Documents, ('bcnt revie\v comments and the Statement of Probabk Costs, the Glattmg Jackson Project Team shall prepare Desib'11 Devdopmcnt Documents ti.)r the project These d')l'llments \\ 111 further rdine and articulate the project elemcnts establtshed In the ";..:hemalIc De~l;;n ph.lsl' , Ih,,: !()llo\\1ng \\111 const:tutc the scope:: of the T t:am' s work: · Overall site harJ~l.'apc: and landscape plans (G!attmg Jacbon ~ · Outdoor SIte rl1ml~hlr1gs, and hardscape timshes (jlattmg Jackson) · rrt:e ProtI..'L'l!on and RelocatIon Plans (Gbttmg Jackson, · Cm I Jesl!!n mcludmg reml1ttmg. pavmg. dramage. lightmg. UtJlttlcS amI s!~,'11al1zatl0n (L BFH I [C · ..\1.,;hlteetural JÖI:,(111)f plenle pavilIOns, r~\troom bUlldmgs (Stephen Borun) · ,\ppllcahk ,~eetII)n, ç\.'\ atll1l1S amI detutls to eOIl1Il1UnleJte the de~lgn l11tent of propost:d buIIJl!1g~ (:-'tephen Boruff) lITIgation Innes Ident; tied (Ki~al · Statcillent u!'pmbahk eo~h (~ach Team !11t'rnber per thelrdra\\Ings), 1 ¡..¡ Statement tlf Probable Co.it- (jlattlllg Jackspn shall prepare a Statt.:ment of probable cost based upon the ()e:-I~rn Devdllpmcnr Do~uments, 1 I') Clicnt Rc\icw/'Iceting ¡he (¡()Oo submHtal wIll be distnbuted by the Client to applicable County Staff ti,r theIr revie\'" , The ClIènt will proVIde the ProJèct Team wlth one (1) eOnSI)ilJaled set of \\ntten comments and. or mJrked up drawmgs prepared by County StarT R.lSt,:d on comments provIded by the Cltent. Glattmg Jackson will then distnbute the consolidated lIst of written comments to the Project Team, GJatting Jaåson and tht: Pro)cet T \..':.1m wIll then meet with the Client one ( 1) tIme to revIew and dISCUSS the comments. RevisIons in responsc to the rCVIew comments will be Incorporated Into the YO"", ('onstructton DO\:Ull1ents, .\ddltlonal rcvlsions or changes in response to subsequent revIew eomments n:qw.:stcd by' the Cltent shall be prov1<.kd as an ,\dd ¡[tOnal Sçr\'ll:e 2 lc) Coordination 'leering - Glaumg Jackson and the ProJcet Team shall attend a coordmatlon con tt:n:net: eal Lmeeting to veri fy all n:viöv comments from the 60% Construction Document submittal are addressed and Incorporated Into the 90% Construction Document submittal. Part III De!Ì\.'erahll's - ..Is (/ "t.'sult of these tasks, Glutting Jackso" shall product! the /O//Olllllg Fin: (51 ,('/ of l)e,'igl/ n..:\'elopment (JUCl/ments tit 1'\'/) CD '.I' (t!ach ream per Iheir drallillg\) ,J( a scale or I" ,." ]0' andor an uf'f'licah/e scale 10 i/!lIstrate the des igl/ i nlt:llt Fin: (5) copies of the Statemcnt (!f Prohahle Costs (I!(/ch ream per their dn/lli"gs) Oil': ( /.J CIÌt!flt RLTi.:w meeting min/ilI!S tGlalting Jackson) PART IV - Construction Documents - 90'~O and 100'% CDs Submittal 2, I '7 Construction Documents - Based on the rcvlewed DesIgn Development Documents. the Glatting Jackson ProJèct T èa:T1 shaJJ prepan:: ConstructlOn Documents for Landscape. ¡ lardscape anJ Img:.1twn. and coordinate COnstruction documents prepared by the Team as dt:taIled hclo\\. and details prepared at appropriate drawing seales tor the development ,)(the rilllnwmg elements: (Ù¡f Enginc'l:-rin<.;, ~Ù(:' E/nII!LI! ,we! Pem/i!lll/r,: ¡[BFIII · Otf Site .-\!1;llysI~ [C · Pc:t"I11ltt1I1,!:!, l!ìc!udmg but nut Itn11teLÍ to: Fort P¡c:rce Lt¡]¡ty :\,lthortty (FPl ',-\ I, So lith f'lunda \Vata \Ianagcment Dbtnl:t ($FW\ID) Flonda DepL of Lnv1nJr1l11cntal Prote¡;tlOn (rDlP): Envtn.mmeT1tal Resources Permit tÒr :'itOnTI\vater and any activity in the Inlet and sea rurtle Impacts. Florida OCpL of Transportation (C. DU r): a¡;cc:ss. stnrm\\Jtt:r. Ilghtmg. and po:>slblc use of nght-oC-way. CoordInatIon \\ IIh the: CIty of Fort Plc:rcc: EngineerIng Dept. for SR :\ 1.-\ · S t.ltemcnt( 5) 0 f probah It: cosb · Layout of parkmg and Internal roadway based on conceptual plan prepared by Cilatllng Jack::;on · Gr;.¡Jmg and dr;.¡¡nagc plans fur m!l:mal road\\ays. walkway's. p;.¡rkmg · \\,'atc:r and sc:\...cr plans for proposeJ restrool11 bulldmgs and pavilIOns · Ekçtriçal pl:ms for proposed pcdestTian lightmg. decorative IIghtmg. and servtce to n:stroot11 bulldmgs, and pavdlOns. · On-~I!c: storm water management system · Panng and hardscape plans (1!1tt:mal roadways. walk\vays. and parkmg. including :\0.\ compl iance) · r...chnical spccltkatlons that detinc materials and methods appropnate for cunstrU\.: tlon .lrclwçCllIre. ME? rStt:ph.:n Bon~m · :\rchltecrurat \oIEP pbns (restroom buildingspavlhons) · :\n.:hltC:l..:tural plans and detads for pavilIOns · Refurbishment plan for W\VIl Lookout Tower · T eçhnìl..:al spel..:lticatlons that Jdinc matenals and methods appropnate for (Olbtruction · Statement of probable constructIOn costs Landscape, Hard.\cape and [rrigalion (Glalling .Iuck\ml and Kiser) · I,andscape and Imgatlon plans · Landscape and irrigation tktalls · fLmbcapc pa\ mg dctalls · Park slgnage mcluding; entry. dlre\.'tlOnal, histoncal, and interpretIve · Site furnishings plan and details. including benches, trash n;ceptaclcs, dnnkmg fountaIns. and hlcyde racks · Tree ProtectIOn and RelocatIOn Plans · L':l..:hnl\.'al spel..:ltìcations that detìne matenals and ffil,thods appropnate for I..:onstructlon (excludll1g slgn;:¡ge) · Stalc:m\;:nts of probable constructIOn costs .2 ¡..:; St. Ludc Cuun[~ Planning and Develupmcnt/Building [)cpartmcnt Courtesy Review· (ìlatting Jackson will submit the 90"·" ConstTuctlOn Drawmgs to th~' ('ounty' Planning and Development/Buddmg Department onc (I) time for theIr rcncw and ';UI!lments, r f nC('ösar1, Glattmg Jad;,son anLl the ProJI.;'¡;t tcam wll I meet with the Plannmg and DC\'elopmem Buddmg Department anc: (1) time to dIscuss unclear (Oll1mc:nts, Commenh from the Pbnnlng and Dndupmcnt Buddl!1g Department \\ 111 [C hc ITh.;orr\\rakJ l11tn thl: ¡'mal I II }()" n) C,>n.~[rUl:tlOn \)onnnents by cUl:h mcmber ot thc PWJel:t kJm ,'\dJItI()nal rt.:\hIlJn~ In rc'~rons~ tlJ BuddIng Department comments shall he pnJ\ldl'd:1' an :\ddIt1On:11 SaVICI:. 2, ¡ l Client l{eview!:\leeting - n1\.' ')()"" ,;uhmlttal \\1\1 be dIstributed by the CII~nt to :1ppllcable County Staff It)r thclr n:Vle\\, The CIIì:nt w!!1 provIde the Project T eum wIth ,mc (1) I:onsolidatèd ~d of \\nttcn comments an,tor marked up drawings prepan:d by County Staff l3ascJ on comments pm\ Idt:d hy the (']¡ent. Glattlng Jackson w¡Jl thcn dIstnhute the consol1datcd l1~t of written comments to thc Project Team. Glattlng Jackson and the Projcct Team \\111 then mect \\Ith the Client ,)I1C (I) t1!l1e to reV1CW and dís<.:uss the commcn!~. Re\'i'llJns ll1 rcsponse to the reVlew comments will he IT1corpor:lteJ Into the 100".) ConstructIon Documents. Additional reVISIons or changes In response to subseqw.:nt reVIew I:ommenls rcquc'sted by the ClIt'nt shall be provIded as an AdditIonal Servi<.:e, 2.20 Courdination Meeting - GluttIng .L.1<.:kson and the ProJt:ct Team shall atknd 3 coordm:Hion conlàet1cè calLmœtmg to venfy all revIew comments from the YO",;, ConstnJ\;tion Do<.:umt:nt slIbmltt::1I are addrcs:,;cJ Jnd im;orporated into the 100t>,·0 ConstructIOn [)nclImt:llt submittal 2.21 final (IOO'Yo) Constructiun Documents - The G!:lttmg Jackson Team shall prepare the tinal set of Construction DOl:uments. incorporatmg review comments from the <>oo'ò ClIent n:vtcw meetmg and the PIJnnll1g and LkvelopmentButlding Department revtl:\V, The documents \1.'111 hI: sUItable !i)r biddmg and CO!Htruc!Ìon of the desl!:,'11 ekrnents of the proJcct as (ktai led in this scope of serviCt:s, Part IV De/ivcrahlt:, .-Is a r<'w!t o(th.:s<' (Llsks. G!tlltillg Jackso/1 alld the Proj.:ct Team shalf prodllce thej(¡l!o\\illg '>I'ith plal/S prese/1ted (III ':.J n x 36" ,~¡'œts £II a scale or I" co .:() '- I) ": T>m (.:) Mack alld whi/L' leis (~ll)()'¡';) CUIISltï/ctiOf/ l)oClIl/1l'f/IS (/ì)1' ('hem alld Builclillg Deparrmef/t suhmittals) Of/e (I) copy (~(the I)()'),~. .")'latemelll (~rP/'()ha¡'¡eCust 01le (I) set o(I)()% Techl/ical ,~ì)e('ijìcatiolls Ten (I OJ sets (~r I {)O";, Final COllstruuioll Documents One (l) copv (~lthe II)());, Final Statcment o(Probable Cost Ont! (I) s.:t u/ IOU";, FIIIL¡{ l'echllic'al Specifìcu(io/ls PART V - Permitting and Bidding ') 11 Building Permit - CìIatting Jackson \\ III provtdc t¡;n ( III) sIgned and sealed :sets (by each Team mcmb¡;r as appropriate) of I oo~" F mal Construction DO\:uments tn the Buildmg Department for p¡;rmittmg. (¡bttmg Jackson will respond to, and coord1l1ate responses from th¡; Project T ¡.:am tp, qu¡.:stíl1lb prepared by the County's Buddmg f)epartmt:nL Gbttlng Jaàson and the Project Team \\1 ¡¡ revise drawlI1gs on¡; ( I) time. ti1r the Issuance of a butldmg perr11lL ,\ddltlonat reVISions ur I:hanges m response to [C suosequent r":V1\.:\1, -:umments rè'4L1t:sted b) tll\.: ( lie:]! ~hall be provIded a~ an AdditIOnal ServI~e, 2,23 Regulatury Permitting (jlattmg Jaåson shall work with the project C\VII tngll1eer who will \.'ompkte and sLhml! app\¡-:atIPm ne\.'es~ar;. tor th..: pruJc\.'t to be approved by other public agcnclö havlf1g )unsdl~!lun. II1duJmg but nut Im11!ed to: · South Florida Wakr \Ianagement Dlstru.:t ,SFW\ID) · Florida Department of F.nvlrll!1mental ProtectIOn (FDEP) EnvIronmental Resource Perum · Arm;. Corps of Englncers (:\COEl · Fort Plcr-:c Ctlltty Authonty (FPUA) · Flonda Depal1ment of TransportatIOn ¡FDOT) · Fort I'll:r-:e FngInet.'THlg Department The- Client shall sIgn all pemllt applications and pay all pemnt applicatIOn fees directly to thc appropriate ageney at the rè'qutn:d time 22.+ Coordination 'Icctill~ - Glattlng Jaekson and the Project Team shall attend a coordinatIOn contì:n:ncemeetll1g to vent~' :111 renew comments trom the County Bui Idmg Department and publtc agen~lt:s havmg Junsdlctlon of the proJcct arc addressed and meorporated into the Issued for Bid Construction Document submittal. 2.25 Bidding :\ssi..tancc Cìlattmg Jaäson and th~ Project T earn \vi II attend one (I) pre-bId meeting. prcpare unit pnce bId !<lrms. ISSUC twenty (20) sets of documents for bidding to bH.lder~ approved by the Client. n:~pond to contractor 4uestIOns and Issue addenda. revIew bId". and recommend seh:cti(ln of a \':lmtraetor. RecommendatIons will be based upon past c,{pcrlence of the contractor. price. and availability to perform the work within the anticipatcd schedule. [f all leg1tlmatt: bIds rccel vcd excœd the tina! statement of probable cost by more than 5"1). scrVlces to re\lSe the constructIon documcnts and re-bld the project. at the request of the Clll'nt, sha1l be provided at no add1t1Onal east to the Che-nt. Drav"mg;,; WIll not be revised. or \vdl be revised as an Add1t1onal Service at the Client's request, if bids c'{cced the tinal stakment of probable cost by less than 5%. If the bid ,>ubmittal (kadlme IS mon: than 60 Jays after the issued for hid date on the constructIon doeul11cnts thc 5')" clause shall not apply Part V Dc/ilcrilhles ,1.,:1 result nft/zcsc {(Isk.\', G/(/tting J,lcksol/ s/zo/l produce tht! loIlOl\'¡flg U1Jl' i í J COP\ II! Prc-hld .\fet'fl/!g Jfl1JlIt.:\ P",'rll!ir 'Ipplz,urwl/.\ {() the agel/Cles ypec!tÎed /;'1/ (¡ o¡ I't'rs lij fl)(}"" Permi' !J(}('IIIIlCf/{S r\\Cf/{\' I ~(J¡ scrs olïs.I'ucd(or 8id DOCUIllt'l/f:; N.l',I[1,II/Sl' (0 !'iddð' 's (!II~'S({I)1I.1 I.!del/.!e! (Ii Rirld/llg DliCIII11CI/h UI' I/t'c'ded ,\!CIIlIJr;¡l/dwl/ Ii( rCCfJ/IlUll'mled ,',"lirac/or [C 226 ") " ""!' 2 2'\ 2.29 P·\RT \1 - Phasc I ('ol1struction\dministration :\ucscr)- Sitc Visits [0 -.:n,'un.: '-l\at!abt!ny and qL!J!t~y. Cilattlt1g .Jacbon wIll mak~ on!: I. I) nurst:ry site Vblb to rt'\'I\:\\ proposed plant m:Henak C¡lamng Jackson shall .;porJmJ[e the VISt[ with the C!tent. Induded in thh pweess 15 an aIlO\\:ance of twenty t'our (.~-I) hours. !I1.;lus\~· of tr;nd tune. t'or GI.\ttmg Jaekson tu Inspect, approve. and tag piant materIaL Construction Phasing Consultation - ["he Chcnt expects that the project will be constntcted In thrcc (.:;) phases, Glatting Jackson shall adVIse the ClIent on phasmg in order to takt' adv.mt;¡ge of pus51hit: constructIOn efticlencles or economies of scait:. The cunstrm:tJ()n of Ph;¡sl: f j, c.'(pected to bt..' completed over a period of twelve (12) months. Construction Observation The ljbttmg Jackson team will attend unc (I) pre- constructlun 11Il:l:tIng. The (i!attlng .Iacksun team will V1::in the SIte once a month during cnl1structlOn to attend coordlI1atwn meetings with the ClIent and Contractor and to become fami1t;¡r \\lth the progress and qual ity of work and to determme If the \vork IS generally prUl.:eeJmg In a..:cordancc with the construction d\)cuments. Each site visH wdl he followed by a report to the Chent uf knuwn deviatIOns from the contra..:t do..:uments and frolll tht.· most recent construction scheduk suhmltted by the Contra..:tor. However Cìlatlmg Jackson shall not be responsihk for the Contractor's tailure to perfom1 the work lf1 accorJamx with the n:qUlrements of the contra..:t documents, Glatting Ja..:kson wll! re\ IC\\ and ..:omment on shop drawtngs. change orders. RfT s and contractor pay appficatiuns. Final RC\'ic\\ - GIattIng Jackson will \lsually obsen;e the Landscape Archlte~tural Ekmcnts of the completed prnJect to determine if constmctlon was completed in substantial conformance to the ConstructIon Contract Documents, Glatting Jackson will pnJ\ldc the Client a lent.'r stating that the project has been constructcd m substantIal ..:oni'onnam:e to the Cor:struction Contract Document:;, Substantial confonnance is dctìned as an assur:1l1ce to the Chent that thc proJcct may be Llsed for the purpose for \\ hlch it was ll1tenJed. --\ total of fourteen (14) site VISItS. meetIngs an: tnc/udcd In this :\gn:emcnr for Constru..:tion Ohsenatlon for the Project Team. Including the pn:-constru..:tìon meeting ~!!1d Sulhtar,tlal COJ1lpktlün \valkthrough, Additional meetings or VisitS. 1 I' n':4uested by the Cllt.'nt. shail be pwndi:l! as ar. .\Jdllwnaf Sen.lcc to thIs Agreement. Glattmg Jacbon shall not be r.:,;¡)ün,;¡hlc for the: mc::thoJs or t11\.'ans or cunstructlon and shall not provide: contInuous or ~'xhal1stlvc site VIS¡ts or SUpcn.'lSlOn of ..:onstruclH)l1, lhe C!tent shal! bc rcsponslbk fur SUpl:f\'hlOn of ..:onstruction of the project. ., ,(j Project Closeout - G:J:tmg hlbut1 will prov-¡de th..: Clte:nl and Project TeJm with dlgltal cople~ of tht: proJi:ct tiles fur Iht.'lr Llse.record.., [C Pi If"( ¡ J Dt'/n er,1 N, 'I h .1 relflil o( Ih, 'Ie lasks, (~ï.IlI¡llg )(/t'ksol/ I' hall produce lilt::' ,r;)//()\-tiflg. · Ollt:' ( ¡ I [>1'1,;-CcJl/structioll J//.!t!tillg ;\!il1L1t/.!s · LiJ to tllell/.! ( 1_' ì tìdd reports · S'flOp ,/1\11111115,'; /'eTiell alld .lpprov,Jf by each Prn{.:CI ream memha · Rc.:sl'0llst:'s to RÙlut!st" jiJr :1 ¡/diÚOllil! bu()rm,uioll (RF/J · 0111.' Sflh\{iJlltlul completiun ( I) pllnch list · rhrcl' 13/ CD's COnhllf/illg the pmjec( drawings and otha documents as I.lppmpriate PART \-U - Additional Services 2,3 I Additional Services - Glattlng Jackson wtll provide AddltllJnal SenlCt.:s as mutually agreed upon hetwt:l..:n Glattmg Jal:kson and the ClIent rhesc: may include but are not lInHteJ tn: Revise draw¡ngs.spccltìcatl0ns or other documents when such reVls¡ons are: · [nconShkr1t with approval or instructions previously given by the Chent. including reVIsions made necessary by adJustmcnts In thc Chent's program or project budget · Requm:~d by the enactmt:nt or reVISIOn of codes. laws or n:gulatlOns subsequent to the pn::paratlOn of sue h documents · Due ro changes reqll1red as a result of the Client's fai lure to render decIsIOns In a timely manner I'roVIJt.: senlc,:s r':lulred because of sigmficant changes to the project (e,g. SIze, qualIty. compkxlty, the C!tent's schedule. method of bidding and negotiating the cDntractmg for -:onstructlOn) Post-"[ssued for BId" DrawlI1gs Redesign Prepare PrequallticatlOn Package for PotentIal Bidders Issue Documents to Potential Ridders Value F.ngmecnng (\'E) RedesIgn in Response to BIds Rc'c¡;lvt.: and R¡;V1c'W Hids Prepart.: BId ,\nalysls Prepare documents and evaluate Contractor's proposals related to Change Orders :md Con:>tructlOn Change Dm::etlve:; Senic-.:s neces:>1tated by Client's or Contractor's default :\ddit1\Jnal work n:sultmg from bIdding. negotiatIOn or construction pnor to the completlun uf ('onslrw:tit)11 Oucuments Evaluate excessIve submittals by Contractor or others VIsits to Fabncators VbltS to Sc'kct l.·mque \btcnals Evaluate Suh-.;t¡tutIons by Contr3ctor Prepare record Jra\~ l!1gs WaJT3nty r-.:v\-.:w site \ISH ('unrrad AdI11ll1lstratlUJ1 Bet \\ een Owner and Contractor \lu!tipk ·'Suh~tantla! CompletIon" Site VISIts [C P\RT" III - Scnicc'i \or Pnl\idcd 2-'2 Scnicc'i \ur Pro\'Ìlkd ()n-S¡[c: ConstnldlIÞn \lana':,:C:!\Ic:nt A" Built Dl'CuO'.cnb _\n) work r<.:LìuIn:Ù by tì:ùt:raL stale:. or !m;ai I:ode to be pronded by a liccnsed )[l)fesslOna! other r~an a lanlb-:ap<: An.:hncct IS beyond the scope of the work ro be p<.:rt()m1c:d by (jbttl!1,! Jackson. Each professlOna! on the kam will sign and seal dOl:ul11ents I:onramlng the: \~ ork prepared by them, 3.0 PROJECT SCHEOI U: (darting Jackson ¡,; prepared to bc:gm work on the prilJcet Immediately upon receipt of thIs t::<e¡;lItcù LCt[Ie"r ot' "='Tcc:mc:nt and a rdaincr If rcqum:d under CompensatIOn, C;lattmg Jaàson. In cnnslIltalton with the: ("he:nt. shall pcrto!111 Its work in such a manner as to comply \\ltl1 an ah'rec:d upon scheLlule. 4.0 .-\SSIC\EI> I'ERSO\\EL The tol!ù\\Ing personnel frnm Ci lattmg Jaåson will be assigned to tIns project, and will have the responslb¡¡[ICS dócnb...:d: Da \,'ld 1.. Barth Charles Atkins 1\lake Sobczak ('arllls Perez Junath.m \Iugmnn - Pnncipal-In ChargeWnnclpal 5 - Project Manager/l.anLlseape Designe:r 2 - l irban Designer 5 - I andscape DesIgner I - Graphic Artist 5 Slb'11agc & Waytìndtng 5.lI (,O.\IPE~SA TlO~ 5,1 Parts I - VI - The fe<:: fur thle" wnrk described in Part I VI shall be a lump sum fee: of Five HunLlred Eighty Seven rhousand Three Hundred Eighty Seven Dollars ('55S7,38ì,OO) includmg Jlrcct expenses. The Client shall be billed on a monthly basis as a p..:rccnt complete nt' the fees for Parts I VI which are detaIled helow: Part I Data CulkcllOn '594.11 ()OO Part II Sehemal11: D<,:sl:,rn S59.()90,OO Pan III Dt.'Slgn O'.:\dopment S6 !.X66,OO Part IV Construction Documenh S 196.6%,00 Part V PermItting and HiLldmg $l UUiP,OO Pan \' 1(~~~~-;trL-,-c:l\nL-~Jn}lJH;ilr~JIQD.___._ S5óJ ~7(¡O Total 5587.387.00 ~ ) Part IX - ¡he tee tix Part VI!. .\dJltional Senlces. shall he htllcLl usmg the hourly rates ¡ bted here1l1. L'r ,I'> a:1 a::.'T~·c,¡ UJ't>n Ii xed tì:e [C :<, Huurly {;¡te Schedule Pnne Ipal h Prml:lpal ~ Prin..:ipal -+ Pnn":lp;¡1 J Principal 2 Prin..:ipall Pbnnèr I) Planner 5 I'lanna -+ Pbnner ~ Pbnnèr :; Pbnner 1 Transportation Engineer (, T ransportatlOn Engtrlcer :5 Iran"pl1lutll!11 Fn¡:.uneel -+ rr;¡nsporratlun En~lnèer 3 I ransplIrtatilln Engmee'r 2 rransportatlOn Englllcer I T ranspOl1at1l1n Planner I) TransportJt\on Planner :5 I ransportatlOn Planncr -+ TransportatIOn Planner 3 IransportatlOn Planner :; 1 ranspurtat!On PI[trH1er 1 E..:ologlst 6 Ecologist j Ecologist 4 F..:ologist .3 Ecologist 2 Ecologist 1 ~2:~ -)2~o ~2 ~..; -:;21~ $191) 5165 S2tJO 5165 'S L;{) '511 Ii SQ~ 5'"5 S20ü :51(.5 5 [30 SIlO $():, $75 5200 5165 SUO S II () $95 '5." S2or) 5165 S 130 SilO 59:' 575 LandseJpc Ardll[c\.,t Ó Lanlb..:apc An.:hltcct 5 Landscape: :\rchlte'et -+ Landsl'ape "rcluteet 3 I andscJpe .-\n:hlleet :; Landscape Dèsl~ner 2 [.andscapc Dcslgnèr 1 l:rban Oeslgner 7 l"rban D6igner 6 ¡:rban Döigner 5 Lrhan DesIgner -+ L:rban Designer -' Urban Lkslgner :; l:rban DesIgner 1 Puhli..: Involvement -I Puhl1c Invol",'ml'nl 3 Public Involvenwnl :; Public [nvolvement I GIS Spe':lalist 2 GIS Spe':lalist I QAQC Spcclaltst Graphic Artist 5 Graphic :\nist-+ Graphic Amst 3 GraphIc Anist 2 Graphic Artist 1 Transporr;tllon T èchnleian Environmental T cchJ\lclan T t'chlllcian Adminisrrative Assistant ~2(JO $165 $ I_~O S 1\0 $95 $95 $75 $215 $200 $165 $130 $110 $95 $75 $105 $95 585 $75 $95 $75 $95 $130 $110 595 5S5 575 57; 565 $50 $60 5~ Annual Increase In lIourly Rates -- The hourly rates contaH1ed 111 this Agreement shall he c:fkctm: for not less than one (I) year from the date of this A!:.'Tcemenr. Ulattmg Jackson may. upon notdìca(lon to thl~ ('!lent. increaso.: hourly hillmg rates thereafter. Rates will not be incn.:asl:J more often than once a year. ),) Application Fees All applte:Hlon, tìlmg. and permit lÌ.:es, 1I1dudlI1g, without I1mitation, all ti:es to 10c:11. regIOnal and state g.nvl:mments and agencIes, shall he paid by the Client directly to the appropriate agcncy at the rcquin:d tIme. 5,6 Su hcnnsultant Fee'i -- J'Cl'S ¡i)r ,~ubcnnsultants workmg on this project under dm;ct cuntract ,v1th Cìlattmg Jacbnn arr: Included 111 tho.: tì.:cs tÒr e~lch part of the "Cl1pe of -;o.:f\ICes detaded abow, lìlanmg hckson bears no hab¡l1ty ti1r th~ technIcal :l(;cur~cy of work prepared by others tncIud1t1g subconsultants to Glatting lad,son, LBFH Engmcers S293.520,OO Stcphen Rorutl ,-\rch]ll~cts S66,~40.0() KIser & Assoclaks _______~~,3{IO.OO Total S368,170.00 [C Ih'(ainer \ll rc:tJ:nt:'r 1.\1:; no: rt:qulr<:"l: 6.0 U.IE~T RESPO:'\'SIBIUTlES h. I l '11L'nt ~hal! J<:,·slgnat.: a Prt)Je~t Reprc:<.entatm.: ImmedIately upon eXt'CLltllm of thIs Letter l't' \:;rco:me:nt. \\ no shall bt:' Glattmg hC!.;'!),l· S P(>lnt of \:ontact wIth the Client, and who ,hall. hy virtu.: of Client's des I !:,TJ1:1tI\)n , ha\e.:: :1uth¡)nry to hmd tho: Chent Tht:' Project Representatl\'e shall be ro:sponslbk for all I.:oordmatlon with the O\'\'l1er (if a separate po:rS¡)f1 or entity t'rom tht: C'llt:nt as shIm n In Arnde I ) and any separate I.:onsultants. ó,,2 Client shall pnJ\ Ide full inìonnatwn to Glatt1l1g Jackson regardIng projC¡;l requln:mcnts and constramts mduding. wIthout linlltatlOn, a program setting iorth the Client's objectI\'':s, and shall prov!de all Jata. drav"mgs. inti)nllation or otha resources requested by Gbttmg Jackson that are no:cessary for compkliün of the project. 6,3 ClIcnt sh:lIl comply wIth any scheJule reqUIrements made: known to the C!tent by (jlattmg Jaekson :1I1J. In any t'\cnt. shall be: a\':lllanlc to mt:et wIth C¡lattIng Jackson and pnJ\ldt: Jt:á,lons 1I1 a timely manner throughout the proJ':":L 6-+ Cl1cnt shall bl.: rt:spoIlsIbk for all atha aspect:; of the projœt not spt.'cltìcaily a:>si!:,'1\(:d to tìbtting Jaekson under this Len.:r lit' Agreemcnt or any sub:>equcnt request (and acceptance) ti)r AddltlonJI Serviœ, 7.0 SlPPLF.\lF.:\T.-\L TER'IS OF AGREE\lF.:'\'T - [ Acceptance of Agreement rhiS Letter of :\gn:cl11cnt shall be valId tix Client acceptance for a period of ti tì:œn (15) days from thl.: datc or" executIon by Glatting h.:kson, Eitht:r party may temlinate thIS Letter ot Agrt:ement with fifteen (15) days wntlt:n notit:e. In thc e\'ent of ternllnJtlon. Glatting Jackson shall be compensated lhmugh the datt: of tcrmwatlOIl tor a]] fees anJ dlft:ct e:xpcnscs mcurrcd, 7.2 Submittal and Payment of Invoices - InvOll.:l.:s tor servit:es sha]] be subnuttcd on approxImately a monthly basis, Payment shall be JUI: upon receipt. Glattmg Jackson resenes the right to \\,lthh¡)ld work products or (L) stop work until payment IS receIved. ('he Chent assur.:s Ci1atting Jacbon that tinancl::!l arrangements have been made: to t'llllill th.: (,lIent' s oblIgatIons undl.:r thiS Letter of Agrt:emenL The Chent agrees that Glattmg Jackson shall not bc rcquiro:J to proVIde d..:tailed backup, in the form of hourly detall oì any kmd, 111 supnort of invOlcmg for tixed tee or lump :>um tì,:e projects. Ii the Cllcnt requlrö ba¡;Ì.;up. the ClIent agr.:o.:s to pay Glattmg Ja~kson. on an hourly basIs, for tilt: >.;ost ¡¡f prO\JJmg ~L¡",h J.Jdltlunalmfurmatlul1, .... J ,~\ctiun uf .-\gencics :\ot (;uarantccd -l¡tattlng Jal:k~on \\.'111 C.\t:rC1:;t: professIonal skIll in t:.\.c:cuting Ih~C:f'\'IC:t:',;, howe\cr, It ,,;¡¡nnut :.mJ dot:s not guarantee thl.: actIOn of anyFgo\'ernment~¡ ()fticlal. a:;ency or judl_'!a! pruc.:edll1g. The C!tent shall pay al! tn\oiœs fUf prok.ss¡)I1JI ~cnlCÖ ~nJ fur expat wItness ~t:nl~Ç, suhmmeJ tt1 accorJance with [C -, [0 :hh Lc:tter or' A:;rt:t:mc!1t n:;;~¡rdk,,~ III' the r":~l¡[b or' any such go\\::rnl1lcnt:ll or Judicial JCtlon:, -A 0\\ nef'lhip of Prop('rt~ In th..: I.:n:nt that thc t'llCI1l IS nut lhl: rl:cunJ uwner of th..: prop..:rr;. c()\erc:J t1y thh :\:;r..:cm..:nt. (jlattmg hcbon may consllkr the Cllt:nt's ~lgnJtllrc a" e.'\ Ilkncl: that th\.' ( 'Ill:nt hJ~ thl: Owna\ perml~slon and consent [0 ent.:r ratn thIs :\:;reemerIt. ì,5 Ownership of Documt.'nrs All documents. work product and mfurnlatlOn contained ¡herem prepared hy Glattl;:g Jad:son or Its Suhconsu\tants an: Instruments 01' scrvlœ fix us..: hy the Chent .;o!èly with re~pe.;t to thIs Project. GlanIng Jackson shall he deemed the author of these do.;uments, work product and mformatlOn and shall rctain all rights thl:rdo. Retention of Records Cilattmg Ja.;kson shall retam all ongmal documents. work product :.md m1'ormatlon .;ontatned therem for two (2) years followmg comph:tion of the: ProJC:ct. :\t"tt:r that t¡ml:. Cìlattlng hck~un n:sl:rn:s the nght tu dlsposl: of the documents. work product and mfomlatlOn In liS soh: dlScn:tlon, Thc (,Ii..:nt shall b..: provIded WIth reproduclhle COple.'S of all origInal docun1..:nts at its expense upon request ì,() ~ "'7 Limitation of Liability - (¡Ianmg Ja¡,;kson will not bc responsIble fix any cm.:umstJ.ncö. acb. crrors. omhSl0ns or events. of any tY1'e. beyond ItS reasonable conrmlmcluding. WIthuut 11I111tatlOn. constructIOn costs. the acts or failures to act of any governmental or Judlclai agency and the e:<lslt:m:c: of hazardous waste of any type Jssociated wIth tht.: Prl)J":CI. GtattIng: Jackson shall not be responsible for the acts or omlSSluns oi any contractor. Subconsultant or supplier. or of any of the agents or l'mplnycö ur Jny other persons (c.'(cc.:pt GtJ.ttll1g Jackson' s o\"n employees) at the proJect site or otherwise furnIShing or perfom1ing any of theIr work: or for any dedsion made on II1tcrpretatlon", or ctJ.nficatlOns of any contract documents glvcn by thc Client without consultation and advIce of Cilattmg Jackson. .....s --\s~ignll1ent of Agreement 't:lther the Cli..:nt nM GlattIng Jackson shall have any right to aSSlh'T1 thIs Letter of :\grl:cment to any other person or entIty, absent pnor wTinen con"ent from rhe other party. it) Dispute Resolution In the unl1kdy event of any dIspute. dIfference. dalm or cOllntt.:n:bllTI bdwel:n Gbttmg Jacksun and rhe Chent anslng out ot' or In connection with thl'> L..:lter of r\grel:ment. \\ ¡l1ch cannot be amicably resolved hy the parties through good faIth negotiation,;. any such mattt:r shall be submitted to the.' CIrcuIt court In and for :'it LU';Ie.' Coun!}', Flonda. for trIal and JctemlmatlOn by th..: court sitting withuut jury, ! he.' partI":, hereby cun~c.:11t to thc Junsdll.:tlon of such court and tn the service uf process ,)utSIJc: [hI: Statt: uf Florida (If applIcable) pur'\uant to the req,Ulrcmcnts of such court 111 an> matt..:r so to be submitted tu It. and they c=xprt:ssly waIve the nght to a Jury tnaL Entin.~ .\greemenr i Conrning Law - RcgarJll1g the subject mattl:r hen:of. this :\gr":l:I1H.:nt cuntallb thl: cntlre.' agrc:e111c:nt of th", parties and th":lr repr..:scntatl ves and [C ~l\,:~nh, ;¡nd "Llp-:~,,-:Jt.'s ail pnl)r unJast:lndmgs. \\ hèther oral \)r wntt-:n, The law::; ot' the: :-ital.; of ~'lorHb "hall gOVèrt1 th¡,; Agreement. -, It Professional Registratiun :\umher'i (Florida): ,------ -'-----'-_."-~..,-'--~ P~l.:r C S<,~hl.:r _I ~"~ 0001465 ,_ Andr.:w II Sheppard I L\ (,(,(.6 ~f)' , St':\e Singleton ; L\ hhbÒX4~~.'J \la>.wdl () )pann I A (,61>1>7811 I kif \\. Sug~.__ i LA 666675') "l (jJry Ii Wam.:r I L\ OOCJ14.,'J"----1 11. '<I' '\ h----¡-'L--·--j ! l.·tllp,)fJt~ LA L ~TI);';;;;:¡'~ -1 1..\ ij()HO";,"; i 1 J ,-\ llh(.hS. ~,) ~'-"-'.'~-- ",~'Iii:arn J\ng:¡;n, .!¡ D:J:-1i.C; .\~h\l,prth .-."_._".~--' ,.......-- Í'\...·'.m-\L;j{ :.\ !",(.r)"~U·" I ,\ 1,f;m5~( i L\I)(Jt)l2)ii I 1\ 11Io1;t)~~1 L.\ hhh'J-2- ,...----- ._._,.~ ,-._._-- l I2~J_ L ß¡¡r1h ~_ (rn:g~~ry.\ Bry I ~I , '¡¡than L C:a," )na¡ 'J ... 'IS art -\ OOOI6::l, I John Paul We.:sn~r LA 66668J() i I Jay_Wozn'a~",_..,_._...._ LA 66/)68]7 ,-,------- tcofl)orat.: Engll1~..,nng 1:1:1 OO)5X I:: I .--.-------,---- '-'Þ'"--'-'---"--"-'" 'u I T¡moth\' L Jaàs,)) PI:' ¡WJ.1554~ [.;¡urel1i:~ V l.èWlj PI'. IW)/)i -,'i I I Walter \1 Kulash PI, ¡W¡.+S')20 f ".Jk Wan M~h---- PI:: fW)5t> 7 J'J ..----------..-.--. , .Paul 1. \Io()r~u_,__.,_._, , PE 005.13\)\ , - ----~._..._-- r "jJ D C:emènt, C"arks f' C"bllk Jnhn r (in ftin i L\ 1)0015"!) -I.~~Ç\ 6(;i;6 "~i,-- L.\ ')I)0l36- I ·-I-~·~'---~ l ,\ <JuIII ::~- 1 ..._,...l__ -..'-'_ ., -- ~__ _._-- 1.\ I¡',OI- ¡ '. .....--. L~'\hl>(¡/i ~i--, -.._-- .------.---...--... 1,\ 1)0011".1 I ,--.---' - '-'-C-'" -. "'1 . L\ oon!"'::Ù ~ E[III~~)I~ ----.--.-..-- 1\,,,,,.:1.' II¡¡II JJ\ R [["oJ .-!l,J\1d V\ ¡ ¡-Ipp,,, Pallid \Ianky t11t)f"!~a:\ .I. :\k\IJl:kcn. .Jr r Patncla s. Hurd HulruI \ Vf"h,¡hccr '_,__________________---.J \V~ look fomard to working wIth you on thIs project If you find these tenns acceptable please sign whcn: Indicateù below and return one signed onginal to GIatttng Jack::;on for our tiles. Pkasl' ¡;all me ¡fyou hUVè any que~tlon~, S Inc~rel y, Charle:s M. Atkms A ssoclatc PrnJl'ct ~b.nager AGREED TO .-\~D ACCEPTED BY: SI LucIe County GluttIng Jackson Kercher Anglin. Inc. By By: _..~--_._-~---_.._,---- -_.~-_. --'._-'. DebbIt.' Bnsson DavId L Harth lb' Parks [)¡rl'ctor V¡¡;c: Preslùent -~--- Its: Date: Date: J an.uurY_UL2-º!) 7__._...__ -_._._~_._-,-,-,----- AGENDA REQUEST ITEM NO: C-3c DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debbie Brisson SUBJECT: Approval of State Inmate Work Program Contract Renewal BACKGROUND: On February 22, 2005, the BOCC approved the implementation of the State Inmate Work Program. The contract expires midnight, June 29, 2007 and staff is requesting that the BOCC approve renewal of the contract. The program's work squad is being used on a rotation basis by all of Parks & Recreation's divisions and has been successful. Also, the program was a great asset to the County after Hurricane Wilma. Attached is a copy of the February 22, 2005 memorandum that was provided to the BOCC outlining the benefits of the program. Currently there are enough funds budgeted to pay for FY06/07 program costs. Staff will be budgeting $55,777 in contractual services to pay for FY 07/08 program costs if the Board approves renewal of the contract. PREVIOUS ACTION: N/A FUNDS Will BE MADE AVAilABLE: 001-7210-534000-700 Contractual Services RECOMMENDATION: Staff recommends that the BOCC approve renewal of the State Inmate Work Program in the amount of $55,777 to pay for labor costs that covers the (5) inmates and (1) correctional work squad officer, approve the contract between the State & the County as approved by the County Attorney, and authorize the Chairman to sign the contract. COMMISSION ACTION: [ 'F APPROVED [] DENIED [ ] OTHER: Approved 5-0 ENCE: County Attorney: Originating Dept: Coord ination/S jq natu res Mgt & Budget: Public Works: Purchasing: Other: Finance: (Check for Copy only, if applicable) Parks and Recreation De artment Memorandum To: Board of County Commissioners From: Linda Brown, Assistant Parks & Recreation Director //7.. ~ ?--- /' Subject: Approval of State Inmate Work Program Date: February 22, 2005 On October 26, 2004, the BOCC approved the continuation of an inmate work program through the Sheriff's Department. Eighty Thousand Dollars ($80,000) was allocated for the program to cover labor costs and landfill costs. The program in 2003 had mediocre success and although several attempts have been made by County staff & the Sheriff's Department staff to get the pr~grQm implemented for FYI 04/05, these attempts have been unsuccessful. This has been due in-part to the fact that there is a lack of inmates for the program, as well as, a lack of deputy's who are available to oversee the work crews. The fact that the inmates are short-timers correlates to a large inmate turnover and a quality of work that is not always satisfactory. Staff is requesting that the Board consider participating in the State Inmate Work Program utilizing the funds set aside for the County Inmate Work Program as they are not being utilized. This program would compliment the County Inmate Work Program and would provide (5 white collar crime) inmates dedicated to Parks & Recreation and (1) correctional work squad officer to oversee the inmates. Because the state inmates are long-timers, the advantages of this program are that the county is guaranteed a forty-hour (40) work week with the same inmates and the same over- site officer. Using this program will eliminate the time spent by staff processing paperwork. Another advantage to the State program is that the inmates can work on Saturdays unlike the county inmates. Staff has also requested that if the Board approves this program that we be provided with skilled workers. The state also guarantees that the work performed by its inmates will meet the County's standards as it has remedies to ensure the inmates' performance. The cost of the program is $52,000. This will cover the cost of the salary of the correctional work squad officer who will transport and oversee the inmates. This breaks down to $25.oo/hr. which is what we are currently paying for a county deputy. CONTRACT # WS383 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS This later. WITNESSETH This Contract is between the Florida Department of Corrections ("Department") andSt., County Commissioners ("Agency") which are the parties hereto. WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes and Administrative Code, provide for the use of inmate labor in work WHEREAS, inmate labor will be used for the purposes of supervision of the Department's staff; WHEREAS, St. Lucie County, Board of County Commissioners Department to contract for an inmate work squad(s); and and willing participant with the WHEREAS, the parties hereto find it to be intrêirÞ~~hinterests to enter the mutual benefits and considerations set forth, the partiës h~~e Q covenant Contract, and in recognition of agree as follows: I. CONTRACT TERM/RENEW AL A. the last date of signature by all parties, whichever is This Contract June 29, 2008 dates, the larte at midnight one (I) year from the last date of signature by all parties or is In the event this Contract is signed by the parties on different B. Contract Renewal TlÍis<çontract miÍy be renewed, at the option of the Agency, for one (1) additional one (1) year perioât;Úter~þë'initial Contract period upon the same terms and conditions contained herein. The ContracfI'eriewal is at the Agency's initiative with the concurrence of the Department. The Agencyfjf it desires to renew this Contract, shall exercise its option no later than sixty (60) days prior to the Contract expiration. Page 1 of 12 Master Document Revised 12/28/06 II. SCOPE OF CONTRACT CONTRACT # WS383 A. Administrative Functions 1. Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmate(s) perfonning services under this Contract between the parties. 2. Each party will retain responsibility for its personnel, al1gitS'. fiscal and general administrative services to support this Contract. 3. Through their designated representatives, the partiess~,~1l collåb.~{~te on the development of policies and operational procedures for the effecti~~managem'eI11and operation of this Contract. B. Description of Services 1. Responsibilities of the Department a. Pursuant to Chapter 33.601 will be provided by the Department. Correctional W ~r~ Squad Officer This Contractpf()viª~s{or one (1) Work Squ~ supervision of the work squad(s) Depa,rtment shall provide one (1) I!pervise an inmate work squad. up to five (5) inmates. b. The Department shall'ensurê ili!eaYlliJªþility of the work squad(s) except: when weather conditions atèsuch.i1ì'at to1::l1èck the squad(s) out would breach good secl1riÞ' practices; wh~g.,t~e absence of the Correctional Work Squad Officer is Ilecessaryf;"or reasons of required participation in training or approved use of leave; whe~.the officer~S0~r~sence is required at the institution to assist with an emergencY.situation; whep.the officer is ill; or when the Correctional Work Squad lQfficerpq.siti<>D,.isV'(j,cant. In the event a position becomes vacant, the Department sh~l1l11a.ke every effort to fill the position(s) within five (5) working days. Master Document Revised 12/28/06 For securiJY al1d other reasons, the Department shall keep physical custody of the yehicles, tra.ilers, and all tools, equipment, supplies, materials and personal work items (glcl'ves, boots, hard hats, etc.) furnished by the Agency. (The Department sh~ll maintain an inventory of all property, expendable and non-expendable, provided by the Agency, which is in the care, custody, and control of the . Department.) A hand receipt shall be signed by the Department's Work Squad Supervisor upon the issuance and return of non-expendable items. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. e. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Page 2 of 12 CONTRACT # WS383 Once the Agency reimburses the Department for the costs reflected on Addendum A, Section IV., these items will be placed on the Department's property records, as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. f. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for in h. The Department shall be responsible for th,7aþprehe~~ion of an escapee and handling of problem inmates. The Departm~I1t shall prdv~9.~ transportation from the work site to the correctional facility.fg,r ihri'lates who reft!$~ to work, become unable to work, or cause a disruption ÌJ:1j~~~ork schedule. 1. The Department shall be respo~~!rle for admi~.istering all disciphhåry action taken against an inmate for infracti.on$:committ:~while performing work under this Contract. J. The Department shall provide for medicaltreatme~t of ill or injured inmates and transportation of such inmates. k. The Department shaIl>þrQvide inmates w.ith all personal items of clothing appropriate for the SeMOn of th¢year~ 1. ThrJ)~~~~ment shalIB7.responsible for driving the Correctional Work Squad Ofticèr and the inmates to and from the work site. oth parti7~iagree that th¡;:Department is making no representations of the level of ills o(~~}V()rk.Eiql14(Í. e AgeI1~y·snall periodically provide the Department's Contract Manager with a edule>of work to be accomplished under the terms of this Contract. Deviation the established schedule shall be reported to, and coordinated with, the partment. f required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. c. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency, or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. Page 3 of ] 2 Master Document Revised 12/28/06 CONTRACT # WS383 d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad. The Agency shall maintain its own inventory of transportation, tools and equipment belonging to the Agency. e. The Agency shall provide vehicles for transportation of the work squads. 3. Communications Equipment It is the intent of this Contract that the Work Squad have a~B:ffiåiÎitain communication with the institution at all times. A method of communicationfrâdios, cellular phone, etc.), shall be provided at no cost to the Department. The.;j\gêh~~ shall provide a primary method of communication that shall be approved by t~~\Contfac~~anager in writing prior to assignment of the work squad. Dependent ul'pn the meth~? of communication provided, the Contract Manager may require 'secondary or back-up method of communication. All radio communication equipment\~wned or \l'~~chased by the Agency that is programmed to the Department's radi9.ff~quency ~1Jdused by the work squad(s), whether purchased by the Department or the AgencYi~~~lH,be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upO'lJ)he end or termination of this Contract. Under no circumstances shall the Agency accel"7the rswrn of radio communications equipment provided to the Department under this',ç9n~l:lct until such time as the radio communications equipme11tþa~been deprogrammed l::¡ýthe Department. At the end or termination oftliis Contraçt,th¢Pepartment's Contract Manager will contact the Department's Utility Systsms~8pI1lmunicâtions Engineer in the Bureau of Field Support Servi~es'7Central Of~cr~.tò effect the deprogramming of radio communications equipm rovided,by the Agency. Vehicle Mounted Radios: ;.;-""-",,,:,.,;,.¡, V'êlÚcles . provided the Agency that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio > frequencYfies). will be retained by the Department to ensure security of the g~mmunic~tion equipment except for short durations dictated by the need for vehicle I:lnd/or communications equipment maintenance and/or repair. The use of th~se vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. Hand Held Radios: Hand held radios provided by the Agency that are or that will be programmed to the Department's radio frequency(ies) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand held radio(s) provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. Page 4 of 12 Master Document Revised 12128/06 CONTRACT # WS383 c. Cellular Phones: Cellular phones may be utilized by the work squad officer as either a primary or secondary means of communication as approved by the Contract Manager. The Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or termination of this Contract, returned to the ;\;gency. The use of the cellular phone is not authorized for any purposes oth~rfhåhas indicated in this Contract. " 4. Other Equipment The Contract Manager shall determine if an enclg~~~tra.iler is require~{or the..work squad to transport tools and equipment utilized in/~re pefformance of this Gçl}tr~ct and shall notify the Agency when a trailer is nece~sary. The Contract Mana hall designate whether the usage of an enclosed traileri~i/iequired ol1.-Addendum A. :.c:,';-':-"o·,>' If a trailer for the work squad is prov1ded bYt:þ. ency at no cost to the Department, and the Department maintains the trailer when th uad is not working, the Agency shall provide an enclosed trailer that can be secured w~(:n not inµse. All tools and equipment utilized by the work shall be secured in the tra.iler.yUpon the end or termination of this Contract, the to the Agency. ITI. COMPENSATION A. Payment to the Department 1. Total Op~rating Cap~~al To Be Ad,,,ªnced By Agency, as delineated in Section V., of Adde~~µ~ A, shall be~ue and payab~eiÙpon execution of the Contract. The Department will not proceed/with thç:purcþaseuntiLpayment, in full, has been received and processed by the Department's ßUJeall of Finance and Accounting. Delays in receipt of these funds may result jJ:{)~ ... ,,:up postponement or interruption of the services provided by the Work Squad. Total CoSí$.To BeJJilIed To Agency By Contract, as delineated in Section VI., of Addendum A; will be made quarterly, in advance, with the first payment equaling one-fourth of the total åm()unt, due within two (2) weeks. The second quarterly payment is due no later than the 20th day of the last month of the first Contract quarter. Payment for subsequent nsecutiv(:/quarters shall be received no later than the 20lh day of the last month of the p/çdiIlg\Contract quarter. 3. Inth€event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five (5) working days, the next or subsequent billing will be adjusted by the Department for services not provided. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. Page 5 of 12 Master Document Revised 12/28/06 CONTRACT # WS383 5. The rate of compensation shall remain in effect through the term of the Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. B. Official Payee The name and address of the Department's official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600 N. CONTRACT MANAGEMENT The Department will be responsible for the projectmanågem~ this Contract. The Department has assigned the following named individuals, address and phone9Ì1mber as indicated, as Contract Manager and Contract Administrator for the Project. A. Department's Contract Manager The Warden of the Correctional InstitutiOll~~pJ'esêllJ~~.? in this Contract is designated Contract Manager for the Department and is responsiBle for~l1forcing performance of the Contract terms and conditions ands~¡)JI.~erve as a liai~~l1\!Wìth the Agency. The position, address and telephone number of the Department:sContract Manager for this Contract is: Warden . . Martin Correctional Institution 1150 S. W. AllapattahRoad Indiantown. Florida 34956 (772) 597-3742 B. Department's Contract Administrator: Tl}t. Chief, Bureau of Procurement and Supply is designated Contract Administrator for the Deþ?úment and is responsible for maintaining a Contract file on this Contract service and will serve>as aliáison with the Contract Manager for the Department. The name, address and telephon~number of the Department's Contract Administrator for this Contract is: Lisa M. Bassett, Chief Bureau of Procurement and Supply Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 410-4091 bassett.lisa@mail.dc.state.f1.us Page 6 of 12 Master Document Revised 12/28/06 CONTRACT # WS383 C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Linda Brown St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 (772) 462-5111 D. Changes to Designees ''''-',. In the event that different representatives are designated bYi~~ither part)t~,~er execution of this Contract, notice of the name and address of the new rePr~~~ptatjves will be ren<iered in writing to the other party and said notification attached to origin~l$.Öftijis Contract. V. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall oIlI)' b~~{\li~y.iIi~n they have been rendered in writing and duly signed by both parties. The parties agree to renegoti~t~ this Contract if stated revisions of any applicable laws, regulations or increases/decreases in allocationsîn~e changes to this Contract necessary. {: VI. TERMINATION/CANCELLATION Termination at Will This Contract may be term}ga~edby either party~poÎ1 no lessthan thirty (30) calendar days notice, without cause, unless a lesser til11e is mUtu~l1y agreed upon by both parties. Said notice shall be delivered by certified mail (return receipt requested), or in-pe~~8nwith proof of delivery. In the event of termination, the Department \\Iill~e paid for all costs incurredtand hours worked up to the time of termination. The Department shall reimburse the Ag~n.cy any.a,¡jvance payments, prorated as of last day worked. VII. CONDITIONS A. Records The Departmenf{\nd the Agency agree to maintain books, records and documents (including electronic storage media) in accordance with generally accepted accounting procedures and praêtices. The Department and the Agency agree to allow public access to all documents, papers, ¡etters, or other måterials subject to the provisions of Chapter 119 of the Florida Statutes, and made or received by the Agency in conjunction with this Contract. It is expressly understood that substantial evidence of either the Department's or the Agency's refusal to comply with this provision shall constitute a breach of Contract. Page 7 of 12 Master Document Revised 12/28/06 CONTRACT # WS383 B. Annual Appropriation The Department's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of cash payments as outlined in Addendum A and in Section III, Compensation. C. Disputes Any dispute concerning performance of the Contract shall be resolvedi~fort1'il1ly by the Contract Manager. Any dispute that can not be resolved informally shallJbé reduced to writing and delivered to the Assistant Secretary of lnstitutions. The Assistant:S tary of Institutions, shall decide the dispute, reduce the decision to writing, and deliver <}\êopy to Agency with a copy to the Contract Administrator and Contract Manager. D. Force Maieure j'?/ Neither party shall be liable for loss or dama~rc:suffered a~\~ result of any dèlay or failure in performance under this Contract or interruB~ôn.gf perfo aBce resulting directly or indirectly from acts of God, civil, or military authoritY;actsof;I?~ . enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes,fI9ods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor, or tfån~porta~iop to the extent such events are beyond the reasonable control party claiming excuse fiol1lH~bility resulting therefrom. E. Severability The invalidity or unenforceability ofJµly paI'tib'1.Ílar pfÓ"ision of this Contract shall not affect the other provisions here()fi;U1d this Contrast$hall be cònstrued in all respects as if such invalid or unenforceable p ."isiò11 w~~omitted. . F. Verbal Instrriêtions '-':.".-'>., ,.".;:; , -"-Jf" No negotiations;d~cisiÒ11s,or shall be initiated or executed by the Agency as a result of aB¥~is~µssions with~~y Department employee. Only those communications which are in writing Jrom the Dre.artmenes\~dll1inistrative or project staff identified in Section IV, Contract . Management, of it his Contract shall be considered as a duly authorized expression on behalf of the Department. d11ly communications from the Agency that are signed and in writing will be ecognized by thê.þepartment as duly authorized expressions on behalf of the Agency. G. Nü'fhird Party B&neficiaries Exceptås\òtherwise expressly provided herein, neither this Contract, nor any amendment, addendulll or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. Page 8 of 12 Master Document Revised 12/28/06 CONTRACT # WS383 This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TITLE: SIGNED BY: NAME: TITLE: DATE: FEID #: DEPARTMENT OF CORRECTIONS SIGNED BY: NAME: James R. Rosa H. Carson General Counsel Department of Corrections DATE: DATE: Page 9 of 12 Master Document Revised 12/28/06 .... 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CII en o ?; o N o cD o "C (!> 1/1 'S; (!> a:: « E => "C C (!> "C "C « :> c: o -= f.) Q en -, AGENDA REQUEST ITEM NO. C-3D DATE: 1-23-07 REGULAR [] PUBLIC HEARING [] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Savannas Recreation Area SUBJECT: Revised EQ 07-292/Budget Amendment 07-027 BACKGROUND: The Savannas Recreation Area is approved to purchase a vending machine for their camp store. After it was ordered, however, staff was told by the manufacturer that there is an additional charge of $50 to build in a feature to change prices of the products. When the original approval was given, the exact amount of the vending machine was stated and there is no balance in the machinery account. It is necessary to transfer $50 into the capital account and revise the Equipment Request to include the extra charge. Staff is requesting approval of a budget amendment to transfer the funds and revision of the Equipment Request. FUNDS AVAILABLE: Funds will be available in 001-7220-564000-700 (Savannas Recreation Area, Machinery and Equipment) RECOMMENDATION: Staff requests Board approval of revised Equipment Request 07-292 to add a price changing feature to a vending machine and Budget Amendment 07-027, adding $50 to the total purchase price. COMMISSION ACTION: X [ ] APPROVED [ ] OTHER: Approved 5-0 DENIED ~¡4 Do las . Anderson Co nty dministrator - /~ i~,¡- r '/ L Cou"'Y AuorneY'~. . Originating Dept." Rev'" and A..rov~ Management & BUdget,l'~~~ Other: ther: Purchasing: \. " Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director Subject: Approval of Agenda Item #C-3D Date: 1/9/2007 The Savannas Recreation Area is approved to purchase a vending machine for their camp store. After it was ordered, however, staff was told by the manufacturer that there is an additional charge of $50 to build in a feature to change prices of the products. When the original approval was given, the exact amount of the vending machine was stated and there is no balance in the machinery account. It is necessary to transfer $50 into the capital account and revise the Equipment Request to include the extra charge. Staff is requesting approval of a budget amendment to transfer the funds and revision of the Equipment Request. Staff requests Board approval of revised Equipment Request 07-292 to add a price changing feature to a vending machine and Budget Amendment 07-027, adding $50 to the total purchase price. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron Fi Ie \. f BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation PREPARED DATE: 1/9/2007 AGENDA DATE: 1/23/2007 ~;.'~1;¡¡111'[[1 '.I['['»/;1C/ "., CC, c'-,,'-'-'- ......... '-..< ,,<,' ,-,-."'- TO: 001-7220-564000-700 Machinery & Equipment $50 FROM: 001-7220-534000-700 Other Contractual Services $50 REASON FOR BUDGET AMENDMENT: The Savannas Recreation Area is approved to purchase a vending machine for their camp store. After it was ordered, however, staff was told by the manufacturer that there is an additional charge of $50 to build in a feature to change prices of the products. When the oriQinal approval was qiven, the exact amount of the vendinq machine was stated and there is no balance in the machinery account. It is necessary to transfer $50 into the capital account and revise the Equipment Request to include the extra charqe. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: ~~/ OMB APPROVAL: t r~.,,;\ BUDGET AMENDMENT #: BA07 -027 DOCUMENT # & INPUT BY: \.. ; ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: DIVISION: Parks and Recreation RECOMMENDED: X YES NO REVISED Recreation - Savannas APPROVED: YES NO X REVISED JUSTIFICATION: REVISED The Savanna's Recreation Area is setting up a concessions area/camp store in the Trading Post. As part of it, staff wants to sell sodas and snacks and has located a vending machine that has slots for both sodas and snacks. This will make it much easier to merchandise and to keep control over the inventory. With a pre-determined number of slots, it will help insure that we are not overstocked and don't incur spoilage. It will also help prevent theft. The machine will provide for nine (9) snacks and five (5) sodas. Budgeted price includes shipping and delivery. Revision includes an additional charQe of $50 to build in a feature to chanQe prices of the products. EQUIPMENT REQ#: EQ07-292 ACCOUNT#: 001-7220-564000-700 .,,>, ~ COUNTY . ~ F lOR IDA ~ AGENDA REQUEST ITEM NO. C-3E DATE: 1-23-07 REGULAR [] PUBLIC HEARING [] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Recreation SUBJECT: Permission to Apply for Summer Program Grants BACKGROUND: For the third year in a row, the Recreation Division is requesting the Board's approval to submit five grant applications to the Children's Services Council for funds that will be utilized for scholarships for campers and to operate a new type of camp. The new camp will travel to five different park sites (one per day) and provide activities to children who are not attending other summer camps. There will be no charge to them. If awarded, this agenda further requests Board approval to accept the grants. The five applications are for the following programs: Fort pierce Community Center Kids & Teen Camp Lincoln Park Community Center Kids & Teen Camp Aquatics/swimming lessons Westwood High School Summer Camp Camp on the Go! $9,000 $9,000 $1,080 $9,000 $40,414 FUNDS AVAILABLE: No matching fund is required. RECOMMENDATION: Staff requests Board approval to submit five grant applications to the Children's Services Council and the acceptance of the grants if awarded. COMMISSION ACTION: ?t ] APPROVED [ ] OTHER: DENIED Approved 5-0 Review and Approvals coun~y A"ocneY'~_"," Or~g~nat~ng Dept. __~ Management & Budget Purchasing: Other: Other: '1,1 r~ Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director Subject: Approval of Agenda Item #C-3E Date: 1/9/2007 For the third year in a row, the Recreation Division is requesting the Board's approval to submit five grant applications to the Children's Services Council for funds that will be utilized for scholarships for campers and to operate a new type of camp. The new camp will travel to five different park sites (one per day) and provide activities to children who are not attending other summer camps. There will be no charge to them. If awarded, this agenda further requests Board approval to accept the grants. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron Fi Ie ~ y AGENDA REQUEST ITEM NO. C- 4 A DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBJECT: Jody B~ct~ Approve the reclassification of one Museum Attendant position from temporary part time to permanent part time. SUBMITTED BY (DEPT): Cultural Affairs BACKGROUND: At this time, there are three permanent part time Museum Attendant positions at the Historical Museum. There is also one temporary part time Museum Attendant position at the Historical Museum. To ensure that all of the part time staff has the same benefits, staff recommends that the temporary position be upgraded to a permanent position. The staff person that is in this position has been there for several years and is a dependable employee. There are enough funds in the current budget to handle this increase. FUNDS AVAilABLE: Account # 001-7910-513'000-700 (salaries). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends authorization for the reclassification of the one Museum Attendant position from temporary part time to permanent part time. COMMISSION ACTION: ,XÒ APPROVED [] DENIED [] OTHER: Approved 5-0 D 9 sM. Anderson County Administrator Review and APp~aIS .- c~u~ty ~ttorney: Management & BUd9~ mml1 Purchasing:_ Originating Dept: Other: /;/Æ' 4'fI' vI Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 -.,. /, CULTURAL AFFAIRS MEMORANDUM #07-12 FROM: Board of County Commissioners Jody Bonet, Director Cf- Reclassification of part time position January 23, 2007 TO: SUBJECT: DATE: At this time, there are three permanent part time Museum Attendant positions at the Historical Museum. There is also one temporary part time Museum Attendant position at the Historical Museum. To ensure that all of the part time staff has the same benefits, staff recommends that the temporary position be upgraded to a permanent position. The staff person that is in this position has been there for several years and is a dependable employee. There are enough funds in the current budget to handle this increase. Staff Recommendation: Staff recommends that the temporary part time Museum Attendant be reclassified to permanent part time Museum Attendant. -~ 11;l:~/o' ----, " CULTURAL AFFAIRS FTE POSmONS 2001-2002 2002-2003 2003-2OCU 20lU-2oo5 2005-2006 CHANGE 2006-2007 MUSEUMS - HISTORICAL Museum Suaerintendent 1 1 1 1 1 1 Museum Assistant 1 1 1 1 1 1 /Education ComJinator 0.75 0.75 1 1 1 1 Part-Time Temoorarv 0 0 0 0 0.5 ~ 0.5 Maintenance Technician I .. 1.6 1.6 1.6 1.6 0.5 0.5 Museum Attendant (pm 0 0 0.5 0.5 1.5 ::J.. 1.5 TOTAL FTE POSmONS: 4.35 4.35 5.1 5.1 5.5 0 5.5 .. Maintenance Technician I is shared with Smithsonian Museum. Funding is 50% Historical Museum and 50% Smithsonian Museum. 14-4 "", AGENDA REQUEST ITEM NO. C- 4 8 DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY IDEPT\: Cultural Affairs Jody B~ct~ SUBJECT: Authorize the Chair to sign the grant agreement prepared by the County Attorney's office with the Fort Pierce Jazz and Blues Society for their Legends Concert Series featuring David Sanborn. BACKGROUND: During County budget preparation $15,000 was set aside to assist with the Ft. Pierce Jazz and Blues Society Legends concert series. At the December 12, Cultural Affairs Council (CAG) monthly meeting, The Fort Pierce Jazz and Blues Society spoke to the CAC regarding the proposed event. The CAC voted to recommend to the BOCC full support and funding the grant to the Ft. Pierce Jazz and Blues Society. FUNDS AVAILABLE: Account # Aids to Other Organizations 001-7310-582000-700 PREVIOUS ACTION: Funds were identified by the BOCC in this account during the budget process. RECOMMENDATION: Staff recommends authorization of the Chair to sign the grant agreement prepared by the County Attorney's office with the Fort Pierce Jazz and Blues Society for their Legends Concert Series featuring David Sanborn. COMMISSION ACTION: X.[] APPROVED [] DENIED [] OTHER: Approved 5-0 CE: D 9 sM. Anderson County Administrator Review and APpr~IS ~ County Attorney: Þ. Management & Budge. ~) Purchasing: Originating Dept: Other: _ ~/ Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 CULTURAL AFFAIRS MEMORANDUM #07-13 TO: Board of County Commissioners FROM: Jody Bonet, Director SUBJECT: DATE: Funding of Grant to Ft. Pierce Jazz and Blues Society January 23, 2007 During the last two years in the budget process, $15,000 has been set aside for the Fort Pierce Jazz and Blues Society. Although funds are set aside, the Cultural Affairs Council requests that the proposed project be discussed with the Council before the funds are granted to the Society. At the December 12, Cultural Affairs Council (CAC) monthly meeting, The Fort Pierce Jazz and Blues Society spoke to the CAC regarding the proposed Legends Concert Event. The CAC voted to recommend to the BOCC full support and funding the grant to the Ft. Pierce Jazz and Blues Society. Staff Recommendation: Staff recommends that the BOCC Chair be authorized to sign the grant agreement developed by the County Attorney's office with the Ft. Pierce Jazz and Blues Society. ~ S· o· CO I . E ·T'·V ~.. ALZHEIMER'S "~ CoMMUNITY I' CARE Dear Lover of The Arts: The Fort Pierce Jazz & Blues Society and Alzheimer's Community Care have teamed up to bring internationally known composer, saxophonist and jazz legend David Sanborn to the Sunrise Theatre for one extraordinary perfonnance Saturday evening, April 14, 2007. The legendary David SaDbom has two Grammy A.wards and is well known for his sax solo in the theme song for the NBC hit drama L.A.. Law. Veteran alto sax master David Sanborn has played a crucial role in establishing the sound of contemporary jazz and instrumental pop. In his remarkable three-and a-half-decade recording and performing career, he's consistently embodied the dual ideals of virtuosity and versatility, revealing a one-of-a-kind talent on his own much-loved releases while building a singularly impressive resume that includes work with everyone from Oil Evans to Bruce Springsteen. You can be a part of this special musical evening. Join our supporters- The City of Fort Pierce, St. Lucie County Cultural Affairs Council, St. Lucie County and other local organizations. Sponsorship opportunities are available. Levels of Sponsorship *Grand Sponsor $30,000.00 You receive naming rights, Press: all print ads and radio promotion which will include your company name, VIP seating for your company that will include 30 seats and attendance to the VIP reception after the performance. Your company will also receive recognition the night of the event. *Premium Sponsor $10,000.00 Press: All print and radio promotion will include your company name. Your company will also receive recognition the night of the event, VIP seating for 14 and access to the VIP reception after the show. *Classic Sponsor $5,000.00 Press: All print and radio advertising will include your company name, VIP seating for 12 and access to the VIP reception after the show. *Patron Sponsor $2,500.00 Press: All print and radio will include your company name, VIP seating for 8 and access to the VIP reception after the show. ~ s·o·c· t·e ·j·V ~ ...~.l ALZHEIMER'S ;, . ~". COMMUNITY , CARE Please make your financial commitment now, and support our community with your contribution for this exciting evening. Join us in making this truly unique event a splendid success. Proceeds will benefit the community through the support of the Fort Pierce Jazz & Blues Society and Alzheimer's Community Care. Sincerely, Darryl Bey, Executive Director Fort Pierce Jazz & Blues Society 772. 460-JAZZ (5299) Sydney Liebman Alzheimer's Community Care 772.532-1118 GRANT AGREEMENT THIS AGREEMENT, made this day of , 2007, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and FORT PIERCE JAZZ AND BLUES SOCIETY, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of fifteen thousand and 00/100 dollars ($15,000.00) for the Legends Concert Series. Payment to the Recipient shall be made in one lump sum payment within fifteen (15) days of the date written above. 2. The Recipient shall provide written quarterly reports regarding the expenditure of all monies disbursed pursuant to this Agreement. The Recipient shall submit the quarterly reports to the County on or before March 1, 2007, July 1, 2007, September 39,_2007, and December 1, 2007. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. Within ninety (90) days following the close of the Recipient's fiscal year in which grant funds are last expended, the Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or 1 control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COpy TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE RECIPIENT: The Fort Pierce Jazz & Blues Society Daryl Bey 1165 South U.S. One, #12 Fort Pierce, Florida 39450 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 11. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2006) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, 2 interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the tenns of this Agreement. 12. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, tenns, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: THE FORT PIERCE JAZZ & BLUES SOCIETY BY: NAME: 3 TITLE: DATE: 4 / AGENDA REQUEST ITEM NO. C- 4 C DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs ~ {) ~ L '\ .~ Jod 'on~t, Director SUBJECT: Authorize the Chair to sign the contract prepared by the County Attorney's office with Archaeological and Historical Conservancy Inc. to assist in the acquisition and cataloging of the Neiman collection of archaeological materials. BACKGROUND: To improve the quality of the exhibits, the 81. Lucie County Historical Museum has a rare opportunity to work with the Archaeological and Historical Conservancy, Inc. to acquire an important archaeological collection of items found within 81. Lucie County. The proposed firm has assessed over 1000 sites throughout Florida including: Miami Circle, Okeechobee Battlefield, and the Fort Pierce. They are highly qualified and very familiar with the importance of these artifacts to our region's history. This firm, the City of Ft. Pierce and the County are all putting in $2,500 each to purchase this extensive collection that will be housed at the Historical Museum andl or Post Office Humanities Center. FUNDS AVAILABLE: The amount of $2,500 was set aside during the budget process for this collection in Account # 001-7910-534000-700 Other contractual services. PREVIOUS ACTION: NIA RECOMMENDATION: Authorize the Chair to sign the contract prepared by the County's Attorney office with Archaeological and Historical Conservancy Inc. to assist in the acquisition and cataloging of the Neiman collection of archaeological materials. 'i0MMISSION ACTION: -1lAPPROVED D DENIED D OTHER: Approved 5-0 Do la . Anderson County Administrator Review and A County Attorney: Originating Dept: Finance: _X_ Management & BUd~i<4t) {flrfC::¡ Purchasing: _ Other: ..... Other: _ (Check for Copy only, if applicable) Effective: 5/96 " I CULTURAL AFFAIRS MEMORANDUM #07-14 FROM: Board of County Commissioners Jody Bonet, Director ~ Nieman Collection for Museums January 23, 2007 TO: SUBJECT: DATE: To improve the quality of the exhibits, the S1. Lucie County Historical Museum has a rare opportunity to work with the Archaeological and Historical Conservancy, Inc. to acquire an important archaeological collection of items found within St. Lucie County. The proposed firm has assessed over 1000 sites throughout Florida including: Miami Circle, Okeechobee Battlefield, and the Fort Pierce. They are highly qualified and very familiar with the importance of these artifacts to our region's history. Archaeological and Historical Conservancy, Inc., the City of F1. Pierce and the County are all putting in $2,500 each to purchase this extensive collection that will be housed at the Historical Museum and! or Post Office Humanities Center. Staff Recommendation: Staff recommends that the BOCC Chair be authorized to sign the contract prepared by the County Attorney's office with Archaeological and Historical Conservancy, Inc. to acquire this collection that will be housed a the Historical Museum or the Post Office Humanities Center. , GRANT AGREEMENT THIS AGREEMENT, made this day of , 2007, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and ARCHAELOGICAL AND HISTORICAL CONSERVANCY, INC., or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of twenty- five hundred and 00/100 dollars ($2,500.00) to assist in the acquisition and cataloging of the Neiman Collection of archaeological materials. Payment to the Recipient shall be made in one lump sum payment within fifteen (15) days of the date written above. 2. The Recipient shall provide written quarterly reports regarding the expenditure of all monies disbursed pursuant to this Agreement. The Recipient shall submit the quarterly reports to the County on or before March 1, 2007, July 1, 2007, September 30, 2007, and December 1, 2007. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. Within ninety (90) days following the close of the Recipient's fiscal year in which grant funds are last expended, the Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such. acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or 1 r control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE RECIPIENT: Archaeological and Historical Conservancy, Inc. 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 11. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2006) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by 2 f certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 12. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ARCHAEOLOGICAL AND HISTORICAL CONSERVANCY, INC. BY: NAME: TITLE: 3 DATE: 4 1 AGENDA REQUEST ITEM NO. C- 4 D DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs Jody ~e~ SUBJECT: Authorize the Chair to sign a grant from the Historical Museum fund to the Cultural Affairs Council to be utilized for contracting speakers and others for the Florida Frontier Festival that will be held on February 24, 2007. BACKGROUND: Since this will be the 20th Annual Cracker Trail Ride, staff would like to host an exciting Chautauqua event that will be called the Florida Frontier Festival at Harbour Pointe. This will be in conjunction with the opening of a traveling exhibit featuring Florida Pioneers. The request is to allow for the Cultural Affairs Council to arrange for the contractual speakers, musicians, story tellers, and pioneer crafts people to perform at the festival. Please refer to Memo 07-015 for more information. Staff has already met with Parks and Recreation staff and the Cracker Trail Riders regarding the logistical needs for the Florida Frontier Festival. FUNDS AVAILABLE: Contracted Services 001-7910-534000-700 PREVIOUS ACTION: On October 17, 2006, the BOCC authorized for this event to take place at Harbour Pointe Park. RECOMMENDATION: Authorize the Chair to sign a grant from the Historical Museum fund to the Cultural Affairs Council to be utilized for contracting speakers and others for the Florida Frontier Festival that will be held on February 24,2007. Approved 5-0 ¡OM MISSION ACTION: APPROVED [] DENIED [] OTHER: Dou I M. Anderson County Administrator Review and APP~aJS County Attorney: Originating Dept: Finance: ",--- Á f\f\fII('LJ Management & BUd9~)I'\"9PurchaSing:_ Other: Other: (Check for Copy only, if applicable) Effective: 5/96 - , CULTURAL AFFAIRS MEMORANDUM #07-15 TO: Board of County Commissioners FROM: Jody Bonet, Director SUBJECT: DATE: Cracker Trail Event January 23, 2007 Since this will be the 20th Annual Cracker Trail Ride, the Cracker Trail Association is interested in participating in the Florida Frontier Festival event. The Cracker Trail ride is held the last full week in February and the association will be camping on Saturday evening February 24th on Mr. Bell's property and the Festival will be at Harbour Pointe Park. The Historical Museum staff proposes to contract with the Cultural Affairs Council to assist in making arrangements with the speakers, storytellers and others. This will allow for staff to focus on the Museum programs for the Festival and preparing for the next upcoming traveling exhibit that will feature Florida Pioneers. The goal is to have a Saturday event from 12-5 to be held at the Historical Museum and Harbour Pointe that is open to the public featuring the following Chautauqua Program Ideas: · Speakers/presenters/story tellers-- Joyce Peters, Sally Carlton Breaux & Cowhunter Congress, Nelson Bailey, Iris Wall, Bert McDonald, Dana Ste Clair, Doyle Rigdon, Bud Adams, Joe Ackerman, John Durham, CJ Holley, Clint Parish, Charlie Hammer, Ada Fomay · Authors-Dana Ste Clair, Joe Ackerman, Bud Adams · Artists/Photographers/Crafters -Jon Kral, Sean Sexton, Bud Adams, Brad Phares, Eldon Lux, Murphy Durham (whips) · Vendors-Hucks for BBQ dinner, county drinks, ice cream vendors, pioneer wares Staff Recommendation Authorize $5,000 from the Historical Museum contractual services account be granted to the Cultural Affairs Council so the Council may focus their energies on contracting with the speakers and others that will participate in this event. GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2007, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL, or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in the total amount of five thousand and 00/100 dollars ($5,000.00). Payment to the Council shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be utilized for contracting speakers and others for the Florida Frontier Festival on February 24,2007. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Council agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 7. The Council agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 9. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other provided however the Council shall reimburse the 1 County for all unexpended funds or funds expended in conflict with Council's application, as of the date of termination notice. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: 8t. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: 8t. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To the Council: 8t. Lucie County Cultural Affairs Council 600 N. Indian River Drive Fort Pierce, Florida 34950 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. 12. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 13. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for 8t. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. This Agreement constitutes the entire agreement between the parties with 2 respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ATTEST: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL BY: SECRETARY CHAIRMAN 3 .... r AGENDA REQUEST ITEM NO. C- 4 E DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs ~~ Jody Bon Dr ctor SUBJECT: Authorize staff and the BOCC to seek National status for the SEAL Museum. BACKGROUND: To increase the awareness and possible funding for the Navy UDT-SEAL Museum, the Executive Director of the SEAL Museum has requested that the County seek National designation for the SEAL Museum that is located on North Hutchinson Island. The Liberty Memorial in Kansas City was recently designated as the National WWI Memorial and the D-Day Museum in New Orleans was recently designated as the National WWII Museum. The President of the SEAL Board of Directors was involved in the process in the National designation of the WWI Museum and will be able to assist with this process after the County endorses moving forward. FUNDS AVAILABLE: NIA PREVIOUS ACTION: NIA RECOMMENDATION: Authorize staff and the BOCC to seek National status for the SEAL Museum. .. MMISSION ACTION: [PPROVED [] DENIED [] OTHER: Approved 5-0 ~~~~~:~~e~P~IS Management & BUd@ Originating Dept: _ Other: _ Finance: (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 - ~ From: Navy SEAL Museum rmailto:udtsealm(â)bellsouth.netl Sent: Thursday, January 11, 2007 6:18 PM To: 'chriscraft(â)co.st-lucie.f1.us' Cc: 'Willard B. Snyder' Subject: National SEAL Museum Initiative 11 January 2007 Subject: Designation as the "National SEAL Museum" Dear Commissioner Craft, Thank you for taking the time to visit with us yesterday and to discuss the many issues critical to our Museum's future. As I pointed out, we are striving for greater success and growth and to become a more vibrant force locally knowing full well that our success is success for the entire community and county. Our goal is to become a "Destination" and not just a chance tourist find. We believe we are truly unique and a one-of-a-kind institution worthy of national attention and recognition. Toward this end we have embarked on an effort to have this Museum designated by Congress as the nation's "National SEAL Museum". There is precedent for National designation at other museums around the country. The Uberty Memorial in Kansas City was recently designated as the National WWI Memorial and Museum and the D-Day Museum in New Orleans was recently designated as the National WWII Museum. Although the Navy SEAL community is smaller in scope, it is the oniy museum in existence dedicated to and honoring this select group of warriors and their significant contributions and sacrifices to our nation's security from WWlI to the present time. The President of our Board of Directors, Mr. Willard Snyder, was involved in the process which resulted in the National designation of the WWI museum. His experience will be of great value as we proceed with this effort and I have Cc'd him on this. He is currently out of the country but may wish to comment upon his retum next week. As you know, Navy SEAls began their illustrious history right here on the beaches of Fort Pierce on North Hutchinson Island. They began their secret and arduous training here in 1943 as they prepared for the impending landing on D-Day at Normandy, France. Subsequently, they were the first ashore and suffered an astounding 60% casualty rate on those same beaches. But they heroically accomplished their mission even against withering enemy fire and significantly reduced numbers. They were one of only 3 units at Normandy to be awarded the Presidential Unit Citation, one of our nation's highest combat "unit" awards. In addition to other European operations, these men were involved in nearly every amphibious attack against the Japanese in the island hoping campaign of the Pacific theater. These men established the warrior traditions that continue to this day within the ranks of the U.S. Navy SEAls. This unique Fort Pierce location is now commonly referred to as "The Birthplace of the Navy Frogman". Navy SEAls and Frogmen (technically the same) have fought in every conflict since WWIl. Their actions and sacrifices are often unknown and unpublished due to the secretive and sometimes classified nature of their warfare business. But the important fact is that this Navy organization has contributed immeasurably to our nation's security. Their existence began here. Their preparations for the liberation of occupied Europe began here and they were essentially the first to step ashore there. They began, right here on our own beach, what is today one of the greatest and most effective warrior organizations in our nation's history, an organization that has no equal in its maritime combat prowess and its effectiveness and success against our terrorist enemies today. As a dark reminder, other than the losses of WWIl, the single greatest loss of life for the SEAL community occurred only recently when 11 courageous SEAls died on one operation in Afghanistan on 28 June 2005. I believe it is our patriotic duty to honor all these brave men, from WWII to the present day SEAls fighting in Iraq, and those of the future, by designating this unique and spedal Museum as the National SEAL Museum. It is a noble enterprise and their sacrifices deserve our unyielding efforts toward this goal. Again, thank you for your interest in this iniþative. Your support and that of the County will certainly be immeasurable toward achieving this goal and I'm sure a designation of this magnitude would be a source of great pride for the entire region. I am always at your disposal should you need assistance with this or any other issue. Thank you. Respectfully, CAPT Michael R. Howard, USN (Ret) Executive Director Navy UDT-SEAL Museum AGENDA REQUEST ITEM NO. C-S DATE: January 23, 2007 REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT PRESENTED BY: DIANA LEWIS, DIRECTOR SUBJECT: Request for approval of PBS&J Work Authorization for an environmental and topographic survey for FP&L Transmission Line Relocation for the Runway 9L127R and Parallel Taxiway project in the lump sum amount of $33,760. BACKGROUND: There have been several prior actions of the Board on this project. On November 14,2006, the Board approved the preliminary engineering study by FPL to relocate transmission lines impacted by the new runway. In October 2006, the Board approved Work Authorization for PBS&J to provide construction phase services and awarded the contract to Dickerson Florida, Inc. for the first phase of construction on this project. On August 28, 2006, the Board authorized acceptance of the FAA grant when received for this project, which occurred on September 8. The Budget Resolution for the FOOT 2.5% matching funds was approved by the Board on August 15, 2006. This Work Authorization includes environmental and topographic surveying services for the FPL easement to relocate the powerlines impacted by the construction of Runway 9L127R and Taxiway. This information is required prior to FPL designing the new transmission lines. FUNDS AVAILABLE: Ft:oT \4-03a5-l..aao-5~3c:C5-Lfcg06b FAA Funding 140133-4220-563005-48006 PREVIOUS ACTION: August 2004 FAA $527,000, August 2005 FAA $708,931, August 2006 JPA $188,775, September 2006 FAA $6,539,438. RECOMMENDATION: Staff recommends that the Board approve the PBS&J Work Authorization for for an environmental and topographic survey for FP&L Transmission Line Relocation for the Runway 9L127R and Parallel Taxiway project in the lump sum amount of $33,760, and authorize the Chair or designee to execute the same. ~MISSION ACTION: (APPROVED () DENIED ( ) OTHER Approved 5-0 DO G NDERSON COUNTY ADMINISTRATOR Coord i natio n/S-iQnatu res Jb"'County Attorney () I¥ v Mgt. & Budget (~) ~ Originating Dept. (~ ~. - -::/ Other ( ) _ Finance: (check for copy, only if applicable)_ Purchasing ( ) Other ( ) .... BOARD OF COUNTY COMMISSIONERS AI RPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: January 12, 2007 Re: Request for approval of PBS&J Work Authorization for an environmental and topographic survey for FP&L Transmission Line Relocation for the Runway 9U27R and Parallel Taxiway project in the lump sum amount of $33,760. **************************************************************************************************************** This Work Authorization includes environmental and topographic surveying services for the FPL easement to relocate the powerlines impacted by the construction of Runway 9U27R and Taxiway. This information is required prior to FPL designing the new transmission lines. There have been several prior actions of the Board on this project. On November 14,2006, the Board approved the preliminary engineering study by FPL to relocate transmission lines impacted by the new runway. In October 2006, the Board approved Work Authorization for PBS&J to provide construction phase services and awarded the contract to Dickerson Florida, Inc. for the first phase of construction on this project. On August 28, 2006, the Board authorized acceptance of the FAA grant when received for this project, which occurred on September 8. The Budget Resolution for the FDOT 2.5% matching funds was approved by the Board on August 15, 2006. Staff recommends that the Board approve the PBS&J Work Authorization for an environmental and topographic survey for the FP&L Transmission Line Relocation for the Runway 9L/27R and Parallel Taxiway project in the lump sum amount of $33,760, and authorize the Chair or designee to execute the same. .. WORK AUTHORIZATION NO. Jt St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. C03-10-646 Easement Survey for FP&L Transmission Line Relocation associated with Runway 9L - 27R and Parallel Taxiway System Pursuant to that certain Contract (the "Agreement") between St. Lucie County (The "County"), as successor in interest to the St. Lucie County International Airport, and PBS&J (the "Engineer") dated Off /~ :;;J(f)3, the Engineer agrees to perform and successfully complete the Scope of Services attached hereto and made a part hereof as set forth in Attachment "A". Basic Assumptions and the Consultant's Estimate of Compensation shall be described in Attachments "B" and "C". IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITN~~h /~ VVO ~ ~ PBS&J BY: Nicholas . Nesta, Progra N ational Aviation Services Date vAJJljAi2V /b, 2{/D7 . SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT EASEMENT SURVEY FOR FP&L TRANSIMISSION LINE RELOCATION ATTACHMENT A SCOPE OF WORK EASEMENT SURVEY FOR FP&L TRANSMISSION LINE RELOCATION AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT FT. PIERCE, FLORIDA January, 2007 The lump sum fees to be paid the Consultant under this contract (Attachment C) are based upon the Scope of Work detailed herein and the list of Basic Assumptions stipulated in Attachment B. I. GENERAL DESCRIPTION OF PROJECT SCOPE This scope of work includes environmental and topographical surveys ofthe proposed easement for the relocated transmission lines. This data is required prior to beginning design of the transmission lines. II. WORK TASKS To develop the scope definition and associated consultant fee, the work has been divided into various tasks. This section presents the specific tasks to be undertaken in this Scope ofW ork for the easment survey. The assumptions and conditions for the work efforts are outlined in Attachment B, Basic Assumptions. The CONSULTANT agrees to provide professional services in accordance with the schedule established within each task description. Fees and payments for services are as generally described in Attachment C. If there are any inconsistencies between this narrative and the task descriptions, it is agreed that the task descriptions are more exact and will govern. Page 1 of2 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT EASEMENT SURVEY FOR FP&L TRANSIMISSION LINE RELOCATION A. Basic Services 1. Topographical Survey The following survey work will be performed to supplement the existing topographic mapping that was derived from aerial photography: · Set survey baseline tied to Florida State Plan coordinate system (East Zone). Establish points at P.r.' s and maximum 1,400 feet along alignment. · Set temporary bench marks at 1,000 foot intervals near alignment. · Perform cross-sections 100 feet wide at 1 OO-foot intervals along alignment and at major changes in elevation for approximately 6,800 LF. · Tie necessary property lines and prepare legal description of proposed easement. Deliverables: The Consultant's work product under this task will be a legal description of the easement and final drawings (electronic files and hard copy) showing alignment, benchmarks, proposed easement and spot elevations of existing topographic features and 3D digital terrain model of existing ground, compatible with Consultant's CAD/CAE software platforms for use in development of the construction plans. 2. Environmental Survey The proposed easement for the FP&L transmission line relocation will be investigated for the occurrence of wetlands, other surface waters, and listed species. Wetlands and surface waters located within the proposed project limits will be identified and delineated by photo- interpretation using the criteria defined in 62-340 Florida Administrative Code (F AC) and the 1987 Federal Wetlands Delineation Manual. An approximate wetland/upland line will be illustrated on an aerial photo ofthe subject site. Formal delineation of wetland boundaries, i.e. flag and survey/GPS, is not proposed. Formal delineation and permitting actions for any on-site wetlands or other surface waters will require an additional scope and budget. A preliminary review for the occurrence of listed species will be conducted during the field visit. Iflisted species are observed within the project area boundaries, they will be identified and reported. If listed species are discovered within the project limits, comprehensive surveys may be required. Comprehensive surveys and permitting actions for anyon-site listed species will require an additional scope and budget. Deliverables: The results of the Wetlands, Surface Waters, and Listed Species Assessment for the project area will be described in an Environmental Constraints Report (ECR). END OF ATTACHMENT A Page 2 of2 BASIC ASSUMPTIONS ST. LUCIE COUNTY INTERNATIONAL AIRPORT EASEMENT SURVEY FOR FP&L TRANSIMISSION LINE RELOCATION ATTACHMENT B BASIC ASSUMPTIONS EASEMENT SURVEY FOR FP&L TRANSMISSION LINE RELOCATION AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT FT. PIERCE, FLORIDA January, 2007 The following are the assumptions that are made with respect to the work efforts required for this Project and on which the fee proposal is based. These assumptions shall be considered general conditions to this Contract. Any change is considered a changë in scope and would be justification for consideration of a revision to the fee. 1. Permitting efforts with FDEP, SFWMD, ACOE, etc. are not included in this phase 2. Geoenvironmental studies for hazardous materials or contamination are excluded. 3. Services associated with prior permit conditions or reporting requirements that have not been satisfied are excluded. 4. Formal delineation of wetland boundaries, i.e. flag and suvey/GPS, are excluded. 5. Formal delineation and permitting actions for anyon-site wetlands or other surface waters will require additional scope and budget. 6. Comprehensive surveys and permitting actions for anyon-site listed species will require an additional scope and budget. END OF ATTACHMENT B c:: o 'ö:I ", «II c:: <II Q. E o (.) ... o <II C; .§ «II LIJ..... .«11 g 1:... .:! ~ =: ", «II ::I c:: c:: o ", (.)~ ::., <II ~ ~CI) e-fã ~~ ii E g c:: 'ö:I ~ ", 'S: ~æ ~-g ::""'1: 1: ë¡ (þ g ,!;! E (.)"ã.~ .! ~ ~ g ~...¡ ...¡ Q.'" ... 0 Q. CI)¡...u.: ,..¡,... ~a: :::0 a:c.. ¡o¡c.. ,..¡=- U'" ~= QU <¡o¡ U"" ¡.. en ¡: Z~::: SO ¡..en « U 5 en j~- U .- ;.-a: =en '" a: ;¡ o =a: Zo ~~ ~ a: ;¡ en <1 .5 '" .~ e. !! <:: ¡,,¡ '" " ~~ §--5 en '" ~~ ~ :¡ en en ¡:ri -< "d" "O!!:I' 0 = = 00= o ¿ ¿ VI = '" .... .... r- ....,.: .... =0= 00 ..00 "'.... .... o\O~o= ....0= 0= r- .. ~~ .... NOOOQOQ .... 0 = ..0= a- .... V't~ .... ~ ¡o¡ a: U ;.- ¡o¡ .. a: =- en , ~ '" ~ c o '" -D " en 00= 0= tri¿ 0.... ... =00 0= o.;ó "'.... .... a: :dE c..¡o¡ 'Z a:_ ClJa: c.. oooooo~o= ....00 lIi¿ '" '" -'" ...,..; .... ::,,: CIJ « ¡.. 15 ó !: z <J) ¡.¡ u ::: 01: ¡.¡ <J) u v; <: 0:1 ..: '" <:: 9 Ü ~~ " '" :> '" '" 0 r:u 1:: o " ~ ..:.¡ ~ ~ ~ i ~~~ o .. Z ,... =- ~~~:J¡:CIJ ~~;J=Q~ en ËS¡n¡o¡¡: :~c->-Q 2~õÌ~a: :§ ';;: ,... :J ,... ~ ¡fJOO><:< , ¡.. :r: ¡o¡ ...¡ o = o = o :) o 0 r- r- .... .... o o <:> o "" .ñ M .... '" c .5- Q. :ë <J) '" c '" " '" ~ o 0. cô C ~ o U ,¡; S .§ 0. <1 .s '" ... ,~ e. " c ¡,,¡ " 5 Q. ~ u¡ '" .!:! ë. c. " '" >- " :> !3 '" ¡:ri -< " > '" ~ '" -5 ~ ~ « ~b <J) ,... Ô = ::: ~ '" CIJ BJ ¡o¡ uCIJ ¡;;; Z <: ¡o¡ a:¡ ~ g¡ ¡o¡ <J) ¡.. ZU u¡ ¡o¡ ~ a: t; Q ~ is ..: 8 '" e c o u -D " '" >- " :> !3 '" -a u ¿ c. '" 00 o c. o f- <:::> <:::> <::5 ~ ....; ..., ~ ¡... ~ ~ <." ;ij ...¡ ~ ~ §j ~ ~ ¡¡: ~ '" ::.. ~ ~ <." ...¡ ~ ~ ~ o ~ ~ ~ ~ ...¡ ij ~ Q" ;:¡ \:) Q" ~ ¡¡,¡ ~ ~ <." Q" ~ ...¡ ...¡ ~ ~ A.B SURVEY SUPPLIES ENTERPRISES, INC. LANDSURVEYING & CONSTRUCTION LAYOUT*BOUNDARY, TOPOGRAPHIC, & MORTGAGE SURVEYS ..-- __ ___ .a ________________ 2603 INDUSTRiAl AVENUE 2, AIRPORT INDUSTRIAL PARK, FORT PIERCE. fL 34946 PHONE (772) 464-9500 FAX (772) 466-9782 FEDERAL I.D. # 65-0302503 CELL (772) 216-2315 FAX (772) 878-77163 01-08-07 CRAIG S SUCICH P. E. PBS&J 482 SOUTH KELLER ROAD ORLANDO FL 32810 PH 407-806-4263 FAX 407-740-8710 PROPOSAl PORJECT: FPL AliGNMENT (50' WIDE EASEMENT) TROUGH ST. LUCIE COUNTY AIRPORT, FLOR I DA PROPERTY AS FOlLOWS: (1), ESTABliSH SURVEY BASELINE TIED TO FLORIDA STATE PlANE COORDINATES AND SUBJECT PROPERTY CORNERS. (2) SET MONUMENTS AT P. I.·S AND 1400' MAXIMUM ALONG ALIGNMENT. (3) SET CORNERS OF EASEMENT. (4) CROSS-SECTIONS 100, WIDE AT 100. INTERVALS AND PERTINENT RISE AND FALL DITCHES, BERMS ETC. . (5) SET BENCH MARKS AT 1000' INTERVALS. (6) PREPARE LEGAL DESCRIPTION FOR EASMENT CAN S1 ART WHEN WE RECE I VE LETTER TO PROCEED LUMP SUM: $25. 300. 00 BACCHUS PRESIDENT ? .~y ~r.'_._ -- ~- ITEM NO. <:... ~i\ DATE: 1/23/07 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) PRESENTED BY: -À~~-~ (é~west Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request Board approval of Work Authorization No.1 with Kimley-Horn and Associates, Inc. for design of Left-Turnlane to Oxbow Eco-Center. BACKGROUND: The attached Work Authorization outlines the Scope of Services that are required for the design and permitting of a southbound left turn lane to provide improved access to the Oxbow Eco-Center, located on St. James Drive. The Oxbow hosts a number of activities throughout the year that draw large crowds and generate substantial traffic. Providing safe access and ample parking for the numerous events is becoming more of a challenge due to the popularity of the Oxbow Eco-Center. A new classroom is currently being planned on the Oxbow site that will generate even greater usage of the Facility. The proposed turnlane will provide a safer access for vehicles turning into the Facility from St. James Drive. FUNDS AVAILABLE: Funds will be made available in 101006-4116-563003-4109 Survey, and 101006-4116- 563005-4109 Engineering - Transportation Trust Impact Fees. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval of Work Authorization No.1 in the amount of $15,s.6swith Kimley-Horn & Associates, Inc. for the design of a left turnlane for the Oxbow Eco-Center, and authorization for signature by the Chairman. Approved 5-0 COMMISSION ACTION: [~ APPROVED [ ] OTHER [ ] DENIED N County Attorney U Project. Manager [ ] Road & Bridge )1/ ~M", . Budget /.... -$p ~W1_[] Originating DepL Public w~~. ~ BUdg~r. 'rt~ , (J Purchasing Dept. .. -/ ~ ~ ERD [x'] Copy to Finance [ ] Othe WORK AUTHORIZATION NO.1 Road Services related to IntersectionslTurnlanes Contract #-C06-08-758 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc.(the "Engineer") dated August 1, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit" A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Kimley-Horn and Associates, Incn Date: ~=r'~, Kimley·Horn and Associates, Inc. November 16. 2006 Iii Suite 103 10521 sw. Village Center Drive Port St. Lucie. Florida 34987 Craig Hauschild, P.E. Assistant County Engineer St. Lucie County Public Works 2300 Virginia Ave. Ft. Pierce, FL 34982 RE: Oxbow Eco-Ccnter Left Turn Lane from St. James Drive Dear Mr. Hauschild: As requested, we have developed a scope and fee proposal for engineering services associated with the improvements to St. James Drive at the Oxbow Eco- Center entrance. This proposal includes survey, intersection design, and agency permitting. We have included a detailed scope along with the corresponding fee and staff hours. This work order will serve as a supplement to the current Roadway Design Genenil Services Contract. We appreciate this opportunity to work with S1. Lucie County and look forward to participating in this project. Should you have any questions, please feel free to contact me at 772-345-3816. Sincerely, KlMLEY -HORN AJ\¡1) ASSOClA TES, INe. Jeffrey B. Palmquist, P .E. Project Manager Jason B. Matson, P.E. Vice President cc: Sandra Bogan S:',\;EW ·JODS\St J3ß1I.'S Sidewalk\LeU TWlI Lane\Wr\"ROPOSAl 'StJame.I.UTm_ Only,! :1NOVOI>,doc - TEL Tl2 345 3BOO FAX 772 286 0138 .....1 _ ,-~t.·...... ....1 _; '~ Kimley-Horn and Associates, Inc. Exhibit A Scope of Services Task I-SlIrvey We will obtain design survey infonnation to support and facilitate contemplated design and permining activities associated with the proposed turn lane improvements. Collected survey within the project limits will include cxisting Right-of-Way identification, establishment of Horizontal and Vertical control, and the identification of all above ground appurtenances, such as edge of pavement, striping, utilities, and other topographic elements. The project design limits shall begin along St. James Drive at the Oxbow Eco- Center driveway and extend north for 400 feet. Survey will be acquired from Right-of-way to Right-of-way at 100 feet intervals. Task 2 -Design alld Permitting Roadway construction plans will be prepared to construct a southbound left turn lane to provide improved access to the Oxbow Eco-Center. The turn lane will be designed to the most current FDOT standards The turn lane length will include 50 feet of storage plus a deceleration length of 240 feet, based on a design speed of 50 mph (5 mph above posted speed of 45 mph). The design will incorporate the following: I. Roadway plan sheets depicting the turn lane improvements. 2. Signing and marking plans using current FOOT and MUTCD criteria. 3. Plans will be produced in English units at a 1 "=40' scale on II" x IT' shects with one tinal set of full size (24"x36") for display in the County office. 4. Plans will be submitted to the County for review and comment at the 30%, 90% and 100% levels of completion. With each milestone submittal, we will include an engineer's opinion of probable cost for construction. rP'l-n ......' - ~--- ~.. Kimley-Horn and Associates, Inc. 5. A reproducible set of II x 17 size plans, a copy of the electronic files and a copy of the technical specifications needed for the bid documents will be delivered to the County upon 100% completion of the design. 6. Upon completion of construction of the project and receipt of the As Built drawings from the contractor, we will make the necessary certifications to the permitting agencies. Task 3 - Specifications & Bidding Services This task will include the preparation of project specifications to include the County's standard construction project boiler plate documents. We will also altend one (I) pre bid meeting, address bidder's questions and evaluate the received bids. Upon evaluation, we will make an award recommendation to the County. ~.-.... ~_u Kimley-Horn and Associates, Inc. Exhibit B Compensation We will provide the services described in Task 1,2 and 3 for a lump sum amount of $15,565, inclusive of expenses. For infonnational purposes a breakdown of the individual tasks arc provided below. · Task 1 - Survey · Task 2 -Design and Permitting · Task 3 -- Specifications & Bidding Services $1 ,800* $11,265 $2,500 *It should be noted that the fee associated with Task 1 is based on our surveyor performing the survey of the Oxbow Parking Lot Expansion and the St. James Sidewalk simultaneously. ",-: - ,q; ......,. m.__ Kimley·riorn and Associates, Inc. Exhibit C Schedule Design to a 90% level is expected to take approximately 45 days from receipt of the survey from the time that notice to proceed is given and permitting will begin immediately thereafter. e:- m E E ::¡ CfJ .... .æ t: Q) o . o IÎ1 ~ o ~ o ..... C'a Q) t: C'a -J E ~ t: Q) -J ~ "- '- Q ~ E ~ ...... CI) I/) ~ lIS e ~ "i C,) .¡: Cþ õ C 1\1 ëj ë .c C,) Cþ I- .... II) >- "i c < o .~ 1Š 0 c .. (J) WD.fh .. õ Cþ CþCþo 'õ' .5 '" .. ~;; D. W .. ü Cþ Cþ g' 1.0 'õ' C ~ .. III fh D. ::æ ~ ftS e e ::, CI) ~ en ~ .Ie II) ~ o co fh o (J) fh "<to I'-"<tI.OI'- "<t o (J) fh .-"<t "'01.O"<t .-.- '" T"-'r- ...-.,.-<:\1,- II) u II) 8 c '^ .!!~ D. II) g 8 ._ C i!:;2 .!!.! II) II) I\S_ I/)Cc ::æ'" ~.!!.!!1I)"C5 cD.D. C c;¡ Q1 <"'CþIllI\SU c iilª ii: I;! ::s 1::.- IS ~ I\SI?: C ::.180 = I.::: "C C .... i: II) E ~~i!~.~5:J~ CO::C::)U)OtnD. 00 fh 00 fh 1'-0 co ('I') o cò fh 00 fh COO 1.0'" 1'-. co fh 1'-1.0 .- q .- fh II '" II 5 Cþ o~ :z::~ -0 S.Q ~~ 1.00 coo 1'-00 rti~ .... fh fh II II Q~ ~t: :s ::s .Q(/) lIS ...¡ - S ~ .- CD CI m Q. 1.0 co 1.0 IÕ .- fh en x l'! -c c: 1\1 ~ ::J « en o a. o oc a. ã: ~ G> c: 1\1 ...J E ::s f- <t: ~ ~ ~ Q "C èi5 <II Q E 1\1 -, ~ ëí5 CD o ., ~ w ~ en II Q ~ - .s ~ (fJ -.., ~ .,j > -< ~ ~ ',," ~ .... :0:: ~ æ ·¡S qìÇZ 'PM SU;)'(U!f '1"\ ~ ~c ;(, \~~~ , "...."" '~ -~~ \'\......'\~ .~ cZ ;:" ~ -'~ ...... ¿; ..... ~ ;,..,;;.. ,,- '- r' ,..........: ~ ,J ;....¡ ('1,) ~ f-i ,.- 1.) U ,,-, -'" (J lù * ,~. ~'" .';¡ :,-'v ,<$:0.... ,-;:,. ) ',. > ::0 ,~ u ::: .....1 - 'J> ;;.. as if'.¡ ~ .... ,..., d: ~ !::: . ...J '""'!I"""" ,... .... ~2: ::-co CiS 9. 'p."t9 O~OJ!V ~ >.~\'01 W"~,\.,~"" ,/ ... .... - -2 !l.., "'Ö "¡,r tp ~, to) ~ r.J ,,," ',I. ~ ...... ... ITEM NO. e:...1ø ß DATE: 1/23/07 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) PRESENTED BY: (¿:~~:t-~L Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request Board approval of Work Authorization No.2 with Kimley-Horn and Associates, Inc. for design of Oxbow Eco-Center Parking lot Expansion. BACKGROUND: The attached Work Authorization outlines the Scope of Services that are required for the design and permitting of an expansion of the parking lot at the Oxbow Eco-Center, located on St. James Drive. The Oxbow hosts a number of activities throughout the year that draw large crowds and generate substantial traffic. Providing safe access and ample parking for the numerous events is becoming more of a challenge due to the popularity of the Oxbow Eco-Center. A new classroom is currently being planned on the Oxbow site that will generate even greater usage of the Facility. FUNDS AVAilABLE: Funds will be made available in the Environmental Resources Capital Budget, Account # - 316-7912-563000-700 (CIP 122) and in 310002-7912-563000-7134 (Parks B Impact Fees). PREVIOUS ACTION: 1/23/06 W A #1 with Kimley-Horn & Associates in the amount of $15,500.00 for design of left turn lane. RECOMMENDATION: Staff recommends Board approval of Work Authorization No.2 in the amount of $69,525.00 with Kimley-Horn & Associates, Inc. for the design for the Oxbow Eco-Center parking lot expansion, and authorization for signature by the Chairman. [X APPROVED [ ] OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: D g as nderson County Administrator U County Attorney U Project. Manager [ ] Road & Bridge :p:. Di Mgt. & Budget I-~ ~ 't~ BUdg~or. Jj ERD [] Originating DepL PUb~P~' i] Purchasing Dept. [X] Copy to Finance [ ] Õth ¡ WORK AUTHORIZATION NO.2 Road Services related to Intersections/Parking Lot Expansion Contract #-C06-08-758 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc.(the "Engineer") dated August 1, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit" A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Kimley-Horn and Associates, Incn Date: ~=" Kimley·Horn and Associates, Inc. November t 6, 2006 Surte 103 10521 SW Village Genler Drive Port St.lucie. Florida 34987 Craig Hauschild, P.E. Assistant County Engineer 8t. Lucie County Public Works 2300 Virginia Ave. 1"1. Pierce, FL 34982 RE: Oxbow Eco-Center Parking Lot Expansion Dear Mr. Hauschild: As requested, we have developed a scope and fee proposal for engineering services associated with the addition of a new parking facility at the Oxbow Eco- Center. This proposal includes survey, limited geotechnical investigation, site design, and agency permitting. We have included a detailed scope along with the corresponding fee and staff hours. This work order will serve as a supplement to the current Roadway Design General Services Contract. We appreciate this opportunity to work with St. Lucie County and look forward to participating in this project. Should you have any questions, please feel free to contact me at 772-345-3816. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. JcffTcy B. Palmquist, P.E. Project Manager Jason B. Matson, P.E. Vice President cc: Sandra Bogan S:\C14 1\!l4 I I ~71") I (hb<.", 'WP',PROPOSAL\O,huw I'h.",~-REV _I3NOV06.doc TEL m 345 3800 FAX 772 286 C138 , ~-,. '~.:.; ........ - :' .. )' Kímley-Horn and Associates, Inc, Exhibit A Scope of Services Ta...k I-Survey We will supplement the existing survey that the County has obtained with topographical survey information to support and facilitate the desi!,\'n and permitting of the parking lot area and the associated driveway connections. Collected survey within the project limits will include existing Right-of-Way identification, establishment of Horizontal and Vertical control, and the identification of all above ground appurtenances, such as edge of pavement, striping, utilities, and other topographic clements. Horizontal Control will be established in NAD 83/99 Datum. Vertical Control will be in the North American V crtical Datum (NA VD 88). The approximately 4.5 acre design limits for the proposed parking area will encompass the area defined by the County approved conceptual parking design. This area extends from the north bank of the canal to the existing Oxbow Eco- Center driveway, and approximately 500 feet west from the western property line. The survey wiB incorporate the tree locations by means of using the base of the trees as ground points. The actual tree size or species will not be includcd. The County representative will mark any specific trees that require consideration for saving prior to the survey being conducted. These trees will be delineated differently in the topographic survey files. Taftk 2 - GeotecllllÌ{:alll,vestigation We will obtain limited geotechnical infonnation to support and facilitate the parking lot design, as well as the required permitting activities associated with the improvements. Task 3 - Parki"g I.ot Design We wiU develop construction plans for the parking lot expansion to the Oxbow Eco-Center. The plans will follow the C.ounty approved conceptual plan of March 10, 2006 with two-way circulating traffic and the addition of 76 parking spaces. Access to the proposed parking will be off of the existing Oxbow Drive with a culverted crossing at the ditch between the drive and the parking area. JIFl_W~1 ~I_r ' Kimley-Horn and Associates, Inc. Should the proposed wooden vehicular bridge be desired during the construction phase it will be addressed under a separate work order. In addition to access from the existing drive there will be a right-in / right-out access point off of St. James Drive. This point of access will be located within the Port St. Lucie right-oC-way on the north side ofthe canal. Task 4 - Permitting We will preparc the permit applications for the described improvements to South Florida Watcr Management District, St. I.ucie County and the City of Port St. Lucie. Application packages will be prepared with the County as the applicant and all permit fees will be born by the County. The South Florida Water Management District permit wil1 include the accommodation of the change in pervious area associated with the expansion of the Oxbow Eco-Center Facility. The proposed area of the building expansion will be provided to Kimley-Hom by the County. Task 5 - Specijication.'ì & Bidding Sen·ice.'ì This task will include the preparation of project specifications to include the County's standard construction project boiler plate documents. We wi1l also attend one (I) pre bid meeting, address bidder's questions and evaluate the received bids. Upon evaluation, we wil1 make an award recommendation to the County. r_tri., ...·.r ~, Kimley-Horn and Associates, Inc, Exhibit B Compensation We will pro\'ide the services described in Task I through 5 for a lump sum amount of $69,500, inclusive of expenses. For informational purposes a breakdown of the individual tasks are provided below. · Task 1 - Survey · Task 2 - Geotechnical Investigation · Task 3 - - Parking Lot Design · Task 4 - Permitting · Task 5 - Specifications & Bidding Services $ 13,200'" $4,000 $36,800 $11,000 $4,500 *It should be noted that the fee associated with Task I is based on our surveyor performing the survey of the Oxbow Parking Lot Expansion and the SL James Sidewalk simultaneously. ~...!_"tl..J. ..... -, '¡" Kimley-Horn and Associates, Inc. Exhibit C Schedule Design to a 90%. levcl is expected to take approximately 90 days from receipt of the survey. We expect survey to take approximately 30 days fTom the time that notice to proceed is given. Permitting will begin immediately after the 90% plans are complete. Total project length with permitting review is expected to take 9 months from notice to proceed. qs e ~ 0) .r::. .¡ ~ 8? æ .... s:: Q) o . o ~~ ~ ~ o ::s .aU) OX ~ ~ VI i!; '" e CD a:: .. C> ¡: CD Õ c: CIS Ü ë .J:. C> CD I- - In >- ii c: c( .. 1) C CD ~ ~ ë g» E;; D. W .. 1) CD CD OJ It) 'õ' ~ ~ .. III Eß D. :E .:c III {!. o <0 Eß o 0) Eß (\ () .... (\ g 32 .... (\ a. .... It) It) N""CIOMlt)cø NØ)1t) MNM o 0) Eß 1t).....NC)MCIO ....CIOM ........N «Ø .... In C> III I! Ctn 111_ -II) D.u Ig ° ._ 0 II) of:!:! .-11111)11110 !.Cc:E .::'ClSIII~C ~ã::ii:c~ º ....I_()IIIU c ....1. ;I_:J -.- C :Þ ~I"" .. .. - ';::;....IIIC_8°:!:: I.~"'C C .- III E 'iiClS'¡¡§C L- CD ° .. ._ ° :J CD O«OtnOtnD.. ....0 1t)«Ø o C"i' ~ 00 ~ «ØO "". NCIO ~ N ~ MO CIO«Ø ....~ .... N tI't .... ""It) .....cø . Ñ tI't II t! II ::s C O.t :z: ~ - ° .:!,a ~~ It) 00 NOO MNO ÑC"i'~ It) .... ~ tit tit II II II a: ~'5 u;,~.s ~ :s ° ° CI) () ~ 0 .... - S ~ j Q â :: 3: .8 9 -' « '" i!: o a: 0- a: I ., ~ o õ Q) CD (\ a. It) ~ ø) «Ø ~ II () l ¡ {!. CD o o N iñ ...- - .- .- AGENDA REQUEST ITEM NO. C 6C DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 Michael Powle , P. E. County Engineer SUBJECT: Change Order NO.5 to the contract with Dickerson Florida, Inc., - SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for additional seNices and to modify project quantities in the construction plans. This will not change the overall contract dollar amount, but will require an additional 39 days. BACKGROUND: Please see attached memorandum. FUNDS AVAIL. Funds are available in 101006-4116-563000-4108 - Transportation Trust/Impact PREVIOUS ACTION: September 12, 2000 - BOCC approval of Joint Participation Agreement with FOOT to reimburse, design and construct the South 25th Street widening. June 28,2005 - Board approved award of SR 615 S. 25th Street to Dickerson Florida, Inc., in the amount of $18,457,554.79. November 8, 2005 - Board approved Change Order No. 1 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), in the amount of $49,349.55, for modification of plan quantities to facilitate construction. December 20,2005 - Board approved Change Order NO.2 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for modification of plan quantities in order to ensure the safety of the public (and will not change the contract dollar amount). April 25, 2006 - Board approved Change Order NO.3 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for modification of plan quantities and safety enhancements in the amount of $408,525.26. This also includes Midway Road and Selvitz Road Intersection Improvements. Jul~ 18,2006 - Board approved Change Order NO.4 to the contract with Dickerson Florida, Inc., for SR 615 S. 25t Roadway Widening (Midway Road-Edwards Road), for modification of plan quantities, improvements, and additional safety features. This will not increase the overall project cost. " RECOMMENDATION: Staff recommends approval of Change Order NO.5 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for additional services, to modify project quantities in the construction plans, and an additional 39 days. Authorization for the Chairman to sign. . [ J APPROVED X] OTHER: [ ] DENIED COMMISSION ACTION: [x]County Attorney [x]Originating Dept, Public WorkS~' [ ]Finance S, 25tÌ1 Widening Dickerson C05,ag.doc Jr" Do I . Anderson County Administrator ~¡t;?) [xJ.'gt. & Budget , ' .. . . ~ x)Prog. Mgr. f'13 [x]Exec. Asst.. BPI'" C6C Pulled prior to meeting. [ )other , I -~. .. DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: January 23, 2007 SUBJECT: SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) BACKGROUND The attached Change Order NO.5 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), is for additional services and to modify project quantities in the construction plans. This will not change the overall contract dollar amount, but will require an additional 39 days. --":'-' CHANGE ORDER ST. L.UCIE COUNTY PROJECT: S. 25th St. Widening (Edwards Rd. - Midway Rd.) (name, address) CHANGE ORDER NUMBER: 5 INITIATION DATE: 1/4/07 TO (Contractor): CONSULTANT'S PROJECT NO.: NIA Dickerson Florida, Inc. POBox 910 Fort Pierce, FL 34954-0910 ST. L.UCIE COUNTY CONTRACT NO: C05-06-326 CONTRACT DATE: 6/28/05 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED The original (Contract Sum) was ....... ..... ......... ................................ ......,.. ....... ..................., .............................,.. $18,457,555.00 Net change by previous authorized Change orders ...............,................................................................................. $457,874.81 The (Contract Sum) prior to this Change Order was...................................................·......··......·.....··..·......····.... $18,915,429.81 The (Contract Sum) will be unchanged by this Change Ordér .................................... .....,.................,.... ........... ......................................... ...........,............. ........... ..... $-0- The new (Contract Sum) including this Change Order will bEL......................................................................... $18,915,429.81 The Contract Time will be increased by ...................................................................................................................... (39) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 11/21/07 Funds Available: Account Number 101006-4116-563000-4108 The adjustment in Contract Price and/or Contract Time stated in this Change Order>sh¡;¡1I comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for aU work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads. delay, andcumuhativ6<impacts or ripple effect on all other non-affected work under this Contract. Signing ofthe Change Order constitutes full and mutUl:..I¡;¡ccprdandsªtisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly andindirectlyfrom the Change Order. subject to the current scope of the entire work as set forth in the Contract Documents. Acœptanceofthiswaivf.jr conlititutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Cont,"ªct. andthatCºntractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. By: 1/4/07 Date Recommended: St. Lucie County. EnqineerinQ Division Architect/Engineer 'nia Ave. Ft. Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Dickerson Florida, Inc. Contractor Approved as to Form and Correctness County Attorney an =It: 0:: w C 0:: o w (!) z « J: () o .5 CÛI.O ~o 'C ~ 0_ -00 LI.._ COO ~~ ~o .!:i! -0 c$Qj g .5 ...è:1- o - ü.B ~. ~Q)~ ..... (,).- c:¡:¡-o 00"0 üZ<3: (:) (:) 00 0 0 0 6' \t) 0 0 !õ 8 0 0 (') 0 0 0 ..,. 00 0 \t) 0 N ai g g 0 (t) tri 0 cò IÓ tri ~ co <0 '3, (') en \t) :g \t) f'o en f'o <0 0 f'o (") co 0 f'o .... Ñ zi C'i Ñ Ñ Ñ ~ IÔ IÔ cö IÔ ~ ~ ~ (") ~ f'o ~ ~ 0 0 W ~ 0 CD (') 0 0 00 10 0 N 0 N ..,. 0 0 .... 10 (:) CC! g .¡ 0 0 .¡ 0 :8 0 ... 0 ~ 0 ;; ;; In ~ ~ 00 ~ ~ ~ ~~89~~f:;~Llí u..:>-u.. ..J(/,)....I 'Ê (1 îíDj î-g!~ 1: EB~l!! ~ ~~ci~ g¡! ..II!:l!!~.2 ~ ¡-æ ~ t:. ~ .æ o ~ I! o1i.s~ (.) ß. a:: .c Q. 0 C (D X .21 E c 0 ~ Q...J Q) .¡ t) E ~t:.. 0 0 ~Ë:E.š::i:§ :g=~(1 .~ :::J (1 ü: ~ w ¿;5:.z:.Q) .... .... ._:t:! 0 cð .~ :!! « ãi 0.... Q)1:) ~ .§ Æ :5!l E ~g-5,§ ~ t)8J:~ :E ~ N . f'o C;; t-¡ t N N o 0 ,.... "t"'"' ..,. "'i "'i I'¡ ..,. 0 0 o...N ~ -e- «r- 1: Q) ~ C (1 .Q E w II) E!I 1\1 .c e Q) :::J iii (/,) 1'0 !XI ¡¡ c o ~ o .æ ! I.) c o t) ... ~ f? to;- """ ill J, ~~ ITEM NO. C 1.5 D DATE: January 23, 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Third Amendment to Work Authorization NO.3 for Professional Construction Inspection Services with LBFH, Inc., for a time extension through March 15, 2007. This is to aid in the close-out of the Gordy Road Recreation Area. No additional funding is required. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are available in 102001-3725-563012-3631 Drainage Maintenance MSTU Stormwater Management. PREVIOUS ACTION: December 13, 2005 - Board approved awarding the construction of the Gordy Road Recreation Area to Atlantic Skanska, Inc., in the amount of $835,133.00. January 17, 2006 - Board approved Work Authorization NO.3 to the Contract for Professional Construction Inspection Services with LBFH, Inc., for Gordy Road Recreation Area in the amount not to exceed $29,600.00. August 1, 2006 - Board approved the First Amendment to Work Authorization NO.2 for a time extension in which all work shall be completed by October 31, 2006. November 14, 2006 - Board approved the Second Amendment to Work Authorization No. 3 for Professional Construction Inspection Services with LBFH, Inc., for a time extension in which all work shall be completed by December 31, 2006, for the Gordy Road Recreation Area. RECOMMENDATION: Staff recommends Board approve the Third Amendment to Work Authorization NO.3 for Professional Construction Inspection Services with LBFH, Inc., for a time extension in which all work shall be completed by March 15, 2007, for the Gordy Road Recreation Area, and authorization for the Chairman to sign [~ APPROVED [ ] OTHER Approved 5-0 [ ] DENIED E: COMMISSION ACTION: Dou la nderson County Administrator [x] County Attorney [x]Orig. Dept. Public Works Gordy Rd, Rec Area wa3 a nd3 I fl Coordinationl i [x] Mgt. & Budget Ix] County Surveyor ~ res [x]Exec, A~¡:") A- tl [X]ERD .ag.doc DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVp DATE: January 23, 2007 SUBJECT: Third Amendment to Work Authorization No. 3 to the Contract for Professional Construction Inspection Services with LBFH, Inc. - Gordy Road Recreation Area BACKGROUND On December 13, 2005, the Board awarded the construction of Gordy Road Recreation Area to Atlantic Skanska, Inc., in the amount of $835,133.00. The attached Third Amendment to Work Authorization No.3 is for Professional Construction Inspection Services with LBFH, Inc., for the Gordy Road Recreation Area. This amendment is for a time extension in which all work shall be completed by March 15, 2007. This is to aid in the close-out of the Gordy Road Recreation Area. No additional funding is required. THIRD AMENDMENT TO WORK AUTHORIZATION NO.3 Engineering Services Construction Management C03-05-485 Gordy Road Recreation Area Pursuant to that certain Agreement between County and Engineer for Engineering Services (the "Agreement") between S1. Lucie County (the "County") and LBFH, Inc. (the "Engineer") dated May 20, 2003, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C· . IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: LBFH, Inc. Date: U2ftl CIVil AGRICULTURAL WATER RESOURCES WATER" WASTEWATER TRANSPORTATION SURVEYING AND MAPPING 1550 SW Corporate Parkway Palm City, FL 34990 772.286.3883 / phone 772.286.3925 / fax www.lbfh.com Exhibit A (Revised 7-20-(6) Scope of Services The St. Lucie County Engineering Department requires construction engineering and inspection services for the construction of the Gordy Road Recreation Area project under the direction of the County Engineer. LBFH, Inc. (LBFH) will provide the County with a Field Representative II, who will perform the inspection functions as defined under this Scope of Services. LBFH personnel will utilize effective control procedures to assure that the construction of Gordy Road Recreation Area is performed in reasonable conformity with the plans, technical specifications, and contract provisions for the project. PHASE 66 - CONSTRUCTION SERVICES Construction Observation The LBFH Field Representative II will be available and on-site an average of 4 hours per day while the Contractor is working on the construction contract. If the construction contract is suspended, the LBFH Field Representative's time will be adjusted at the direction of the County Engineer to correspond with the type of cessation, either complete suspension or partial suspension. The LBFH Field Representative II will advise the County Engineer of any omissions, substitutions, defects, or deficiencies noted in the work of the Contractor and the corrective action taken. The work provided by the Field Representative II shall in no way relieve the Contractor of responsibility for the satisfactory performance of the construction contract. The LBFH Field Representative II will monitor the Contractor's on-site construction operations, and inspect materials entering into the work as required to assure the quality of workmanship and materials is such that the project will be completed in reasonable conformity with the plans, specifications, and other contract provisions. The LBFH Field Representative II will keep records of the Contractor's daily operations and significant events that affect the work. The specific duties and responsibilities of the LBFH Field Representative II will include the following: · Coordinate with the County's testing firm to ensure that necessary material testing is performed. Evaluate test results and schedule re-tests on failing samples. · providing guidance to the Contractor, overseeing work and work schedules. Exhibit A Scope of Service January 3, 2006 Page 2 013 ~þ . Inspect the Contractor's work. including quality control of materials and application. Assure that proper procedures and specifications are followed. . Maintain field notes. inspection logs. punch list items, collects and checks load tickets. reviews contractor invoices and recommends payment approval to the Project Engineer. Exhibit B defines the number of labor hours & cost estimated to perform this function. Estimated Time& Expense Fee: $29,600.00 Lenath of Service The length of service will begin on "'\ugust 1. 2005 February 1, 2006 and will continue until March 16. 2()()5 Oeteber31, 299S^:'December 31, 2006 March 15, 2007. Construction Contract Time Summary Calendar Days: ~1-8& 254 Construction Work Days: ~ ~ 202 Estimated Start Date: February 1. 2006 Estimated Completion Date;Jun9 1. 2006 Oetebor 21, 2006 D~~cmber 31, 2006 March 15, 2007. , The construction time estimate is based on a five day work week with no overtime; should overtime (over 40 hours in a work week) be necessary. LBFH will monitor the progress of the Contractor to determine whether it will be necessary to adjust the duration of LBFH's contract to correspond to the anticipated completion date. Should such adjustment be deemed necessary. LBFH will request approval of a contract amendment from the County. Method of Compensation This section defines the method and limits of compensation to be made to LBFH Inc. for the services described in the scope of services. For satisfactory completion of all services detailed in the scope of services of this agreement. St. Lucie County will pay LBFH Inc. a sum not to exceed $29. 600. Partial payments will be made on monthly bases that are based on the actual time spent working on the project. The balance payment for the lump sum items will be made upon completion of work described ,herein. Exhibit A Scope of Service January 3, 2006 Page 3 013 ß1!þ Exhibit B has been included to define the labor hours & costs necessary to perform the functions identified in the scope of service. Exhibit C is the estimated project Schedule Exhibit D reflects the personnel hourly rates that will be used for the Time & Expense phase of the contract. Should the time estimates anticipated, the actual Scope of Services, and/or the length of service be exceeded, and then compensation for LBFH's services shall be increased accordingly. Phase - 66: Construction Services (Time &Expense): $29,600.00 ~ ¡J CJ .. :ã :ë ~ "*' ... CJ C) '[ C;,J 1:5 81 C) œj ~J û5 II J ' ; I J P.I AGENDA REQUEST ITEM NO. C G:> £ DATE: January 23, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 .E. SUBJECT: SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) Fifth Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc. to provide additional soil testing services and equipment rental in the amount of $55,000. All work shall be completed on or before March 31,2008. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in 101006-4116-563009-4108 - $50,000 and 101006-4116- 563021-4108 - $5,000 S. 25th S1. Widening-Transportation Trust Impact Fees. PREVIOUS ACTION: 1/10/06 - Board approved the First Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide geotechnical testing services in the amount not to exceed $100,000 for the S. 251h Street Roadway Widening Project (Midway Road-Edwards Road). 5/2/06 - Board approved the Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide reimbursement for rental of vibration monitoñng equipment in the amount of $6,500 for the S. 25th Street Roadway Widening Project (Midway Road-Edwards Road). 8/8/06 - Board approved the Third Amendment to Work Authorization No. 16 with Dunkelberier Engineering & Testing, Inc., to provide additional soil testing services in the amount of $50,000 for the S. 25 Street Roadway Widening Project (Midway Road-Edwards Road). 11/14/06 - Board approved the Fourth Amendment to Work Authorization No. 16 with Dunkelber~er Engineering & Testing, Inc., to provide additional soil testing services in the amount of $50,000 for the S. 251 Street Roadway Widening Project (Midway Road-Edwards Road). RECOMMENDA nON: Staff recommends Board approve the Fifth Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testini' Inc., to provide additior:-al soil ~esting. services and equipment rental in the a",l0unt of $55,000 for the S. 25 Street Roadway Widening Project (Midway Road-Edwards Road), and authonzation for the Chairman to sign. [x]County Attomey~ Q.)M [x]Ori~inating Dept. Public WorKs~ . S. 25 Widening Dunkefberger A~ S1WA16.ag.doc COMMISSION ACTION: [)q APPROVED [ J OTHER: [ ] DENIED Approved 5-0 [ lather DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: January 23, 2007 SUBJECT: SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) Fifth Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc. BACKGROUND On September 12,2000, the Board entered into a Joint Participation Agreement (JPA) with FOOT to reimburse design and construction of S. 25th Street Widening. On October 16, 2001, the Board entered into an Agreement with Inwood Consulting Engineers to provide design and permitting services for the S. 25th Street Widening Project. On June 28, 2005, the Board approved Woft( Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide geotechnical testing services in the amount of $20,000 for the SR 615 S. 25th Roadway Widening Project (Midway Road-Edwards Road). On January 10, 2006, the Board approved the First Amendment to Work Authorization No. 16 with Dunkelberger En~ineering & Testing, Inc., to provide geotechnical testing services in the amount not to exceed $100,000 for the S. 25t Street Roadway Widening Project (Midway Road-Edwards Road). On May 2, 2006, the Board approved the second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide reimbursement for rental of vibration monitoring equipment in the amount of $6,500 for the S. 25th Street Roadway Widening Project (Midway Road-Edwards Road). On August 8, 2006, the Board approved the Third Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide additional soil testing services in the amount of $50,000 for the S. 25th Street Roadway Widening Project (Midway Road-Edwards Road). On November 14, 2006, the Board approved the Fourth Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide additional soil testing services in the amount of $50,000 for the S. 25th Street Roadway Widening Project (Midway Road-Edwards Road). The attached Fifth Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., is to provide additional soil testing services and equipment rental in the amount of $55,000 for the SR 615 S. 25th Roadway Widening Project (Midway Road-Edwards Road). All woft( shall be completed on or before March 31, 2008. FIFTH AMENDMENT TO WORK AUTHORIZATION NO. 16 C03-10-686 W.A. #16 PROJ.#4108 S. 25th ST. WIDENING (MIDWAY RD. TO EDWARDS RD.) - SOIL TESTING Pursuant to that certain Agreement between County and Engineer for Professional Services for Continuing Soil Testing Services (the "Agreement" (Contract No. C03-10-686) between St. Lucie County (the "County") and Dunkelberger Engineering & Testing, Inc., (the "Engineer") dated October 14,2003, the Engineer agrees to perform and successfully complete the scope of work as set forth in the Engineer's Agreement and more particularly described in the attached Exhibit "A", the County agrees to compensate the Engineer the amount not to exceed Two Hundred Sixty-One Thousand Five Hundred and 00/100 ($261,500.00) dollars. All work under this Fifth Amendment to Work Authorization No. 16 shall be completed on or before March 31,2008 (or refer to schedule Exhibit "A", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ST. LUCIE COUNTY, FLORIDA WITNESS: BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY DATE: WITNESS: DUNKELBERGER ENGINEERING & TESTING, INC. BY: (Type or print name/position) DATE: DATE: WORK AUTHORIZATION: PROJECT: FIRM: TIME OF PERFORMANCE: SCOPE OF WORK: Exhibit "A" January 16,2006 Fifth Amendment to Work Authorization No. 16 S. 25th St. Widening (Midway Rd. to Edwards Rd. - Soil Testing Dunkelberger Engineering & Testing, Inc. March 31, 2008 Perform soil testing services on the S. 25th St. Widening (Midway Rd. to Edwards Rd.) project on an as needed basis. , , LINE-TO-LINE TRANSFER REQUEST DEPARTMENT: ENGINEERING 07-39 DATE: 1/16/07 TO: 101006-4116-563009-4108 S. 25th St. Ph I $50,000.00 $33,222 - Soil Testin 101006-4116-563021-4108 S. 25th St. Ph I $5,000.00 $2,423 - Reimbursables $55,000.00 FROM 101006-4116-563012-4108 S. 25th St. Ph I $55,000.00 $175,448 - Ins ection REASON FOR TRANSFER: for Board a roval. $55,000.00 Establish fundin for the fifth amendment to WA #16 as scheduled CONTACT PERSON: DEPARTMENTAL APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: Barb,Mein_Tardt 1\ /\;~) U:A)--fVv\/ f"-..':"-;' .. 1\ , ~~ \,/ PHONE #: .b~~ ( 1708 OMB NOTES: $110,000 INPUT DATE: LlNE-TO-LlNE TRANSFER #: INPUT BY: DOCUMENT #: ~"T - ~ AGENDA REQUEST ITEM NO. c-7 DATE: Jan. 23, 2007 , ", ".,'--"'- -. - ".. , '·',J't~·, '.. '~,\I\,' ~,~: :¡,¡;'~>:' Î'1 "i~f;¡~l J';~?;A ",~;:~.J~ ;;:h~~[~ . ;. ,- 3 ( W "~ (. ~ ,;. ,!,.\ ~ ../:.¡~1/~,~ ~¡i\¡;~ '1":;['. \,\;Þ~;!ì-. ':~~ìt;1.t;1¡':?:1;,-i~,,~~~t~·...: REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: . Award Bid #07 -010 I Waterproofing of Various St. Lucie County Buildings to the low bidder- Atlantic Painting & Sandblasting . Approve the use of Central Services Project Reserve funds in the amount of $50,250.00 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1931-546200-150067 (Maint. Projects-South County) 001-1930-546200-15006 (Maint. Projects-Ft. Pierce Main Library) 001-1930-546200-1524 (Maint. Projects-State Attorney Empire I) 001-1930-546200-1519 (Maint. Projects-State Attorney Empire II) 001-1930-546200-4609 (Maint. Projects-Milner Health Dept.) 316-1931-599330-100 (Central Services Project Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners award Bid #07 -010 to the low bidder Atlantic Painting & Sandblasting for Waterproofing of Various St. Lucie County Buildings. Staff further recommends the Board approve the use of Central Services Project Reserve Funds in the amount of $50,250.00 and authorize the Chair to sign the contracts as prepared by the County Attorney. ~SION ACTION: [ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do A erson County Administrator County Attorney: ~ Originating Dep~~ \AJ.~~~ Finance: (Check for Copy only, if Applicable) Mgt & Budget: Other: Purchasing Mgr~~ Other: Eft. 1/97 H:\AGENDA\AGENDA-177 WATERPROOF VARIOUS SLC BLDG'S.DOC '" ... ~ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: January 23,2007 SUBJECT: . Award Bid #07-010/ Waterproofing of Various St. Lucie County Buildings to the low bidder-Atlantic Painting & Sandblasting . Approve the use of Central Services Project Reserve funds in the amount of $50,250.00 ****************************************************************************** BACKGROUND: Staff went out to bid (Bid #07-010) on Waterproofing of Various St. Lucie County Buildings. Bids were due December 13,2006, and two (2) bids were received. Staffis seeking the Boards approval on the following: . Award Bid #07-010 to the low bidder, Atlantic Painting & Sandblasting at the following locations: 1. South County Annex @ $92,250.00 2. Main Library@ $38,000.00 3. State Attorney Office-Empire I @ $74,000.00 4. State Attorney Office-Empire II @ $39,000.00 5. Health Department @ $37,000.00 . Combined costs to accomplish this work (five locations) is $280,250.00, combined FY 06-07 IFF funds budgeted for this work at each of these locations is $230,000.00. Additional funds needed, in the amount of $50,250.00, are available in Central Services Project Reserves and staff is seeking approval to use these funds to accomplish this work. See Attached Bid Tabulation Sheet RECOMMENDATION: Staff recommends the Board of County Commissioners award Bid #07- 010 to the low bidder Atlantic Painting & Sandblasting for Waterproofing of Various St. Lucie County Buildings. Stafffurther recommends the Board approve the use of Central Services Project Reserve funds in the amount of$50,250.00 and authorize the Chair to sign the contracts as prepared by the County Attorney. -- '" Sf. Lucie County 1 Board of County Commissioners Purchasing Department Neil Appel, C.P.M. Purchasing Director 1 1 ¡LJ, TABULATION SHEET - BID #07-010 WATERPROOFING OF VARIOUS ST. LUCIE COUNTY BUILDINGS OPENED: DECEMBER 13, 2006 AT 2:00 P.M. Two submittals was received for subject bid: Atlantic Painting & Sandblasting Boynton Beach, FL. Fax: 561 740-1063 Harry's Painting New Port Richey, FL. Fax: 727 847-3474 $134,781.00 $12,057.00 $3,202.00 9ÓDas 24 Da s Opened by: Jennifer Cruz, Executive Assistant Tabulated by: Jennifer Cruz, Executivè Assistant Number of companies notified: 543 Number of documents distributed: 36 Number of bids received: 2 \! JOSEPH E. SMITH, District No,1 . DOUG COWARD, District NO.2 + PAULA A LEWIS, District No.3. CHARLES GRANDE, District No.4 + CHRIS CRAFT, District NO.5 County Administrator- Douglas M, Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone !J72) 462-1700 - TOD (772) 462-1428 website: www.co.st-lucie.fI.us " , , AGENDA REQUEST ITEM NO. c-8 DATE: Jan. 23, 2007 I REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: Conceptual approval of Change Order No.8 to Contract #C05-12-636 with David Brooks Enterprises for the construction of the New Clerk of Courts Building to include only Phase I construction of the Old Courthouse. This project is of high priority, as it will provide immediate relief to the current space needs with additional courtroom space and will be connected to the New Clerk of Courts Building. Estimated cost to complete only Phase I is $4,312,500.00 and approval and implementation of this Change Order (No.8) will: · Save project time by enabling David Brooks Enterprises, already on site with construction of the New Clerk of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Courthouse, to move forward with only Phase I construction of the Old Courthouse. · Savings in project costs by utilizing the Direct Purchase option already in place with David Brooks Enterprises for the construction of the New Clerk of Courts Building. · This Change Order is for Phase I construction only; other Phases of the project will be advertised for invitation to bid. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1930-562000-15010 (Buildings-County Capital/Old Courthouse Renovation) 001-1930-562000-15010 (Buildings-General Fund) 001-1930-562000-FE003C (Buildings-FEMAllnsurance) PREVIOUS ACTION: On November 14,2006, Item No. c-14F, the Board approved Change Order#4-Revised to #C05-12-636, David Brooks Enterprises, to include the construction of the downtown Chiller Plant. RECOMMENDATION: Staff recommends the Board of County Commissioners conceptually approve Change Order No.8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction of the Old Courthouse. Upon submittal of actual costs for only Phase I construction by David Brooks Enterprises, staff will present this again to the Board for final approval. D . g nderson County Administrator coordination/signature~Af~ Mgt. & Budget: 1J.....-:flJ f(Y1~ Purchasing Mgr.: fitSSION ACTION: [ APPROVED [] DENIED [ ] OTHER: Approved 5-0 21/ County Attorney: I. Originating D~~ll ~ Other: Other: H:\AGENDA\AGENDA-174 DAVID BROOKS C.O.8-CONCEPTUAL.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: January 9, 2007 SUBJECT: Conceptual approval of Change Order No. 8 to Contract #C05-12-636 with David Brooks Enterprises for the construction of the New Clerk of Courts Building to include only Phase I construction of the Old Courthouse. This project is of high priority, as it will provide immediate reliefto the current space needs with additional courtroom space and will be connected to the New Clerk of Courts Building. Estimated cost to complete Phase I is $4,312,500.00 and approval and implementation ofthis Change Order (No.8) will: · Save project time by enabling David Brooks Enterprises, already on site with construction ofthe New Clerk of Court Bldg., construction ofthe Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Courthouse, to move forward with only Phase I construction of the Old Courthouse. · Savings in project costs by utilizing the Direct Purchase option already in place with David Brooks Enterprises for the construction ofthe New Clerk of Courts Building. · This Change Order is for Phase I construction only; other Phases of the project will be advertised for invitation to bid. ****************************************************************************** BACKGROUND: On December 6th, 2005, the Board of County Commissioners approved Contract No. C05-12-636, between St. Lucie County and David Brooks Enterprises for construction of the New Clerk of Courts Building. On August 1, 2006, the Board approved Change Order No.4 to #C05-12-636 with David Brooks Enterprises, to include the construction of the downtown chiller plant. Another integral part of the construction to the downtown judicial complex project is the renovation ofthe Old Courthouse. This project has been divided into three phases, and Phase I ofthis project will include the addition of: · Level I-Holding cells and law library. · Level3-Corridor connection between Annex and New Clerk of Court Building. · Level 2-Sheriff CivillW arrant, and jury assembly · Infrastructure Improvements-Electric, fire alann, fire sprinklers, plumbing, HV AC systems, life safety requirements, exterior glass curtain walls and 2nd level east demising floor. · Elevator cabs, equipment and equipment rooms Phase I "opinion of cost" is $4,312,500.00 (please see attached proposed phasing schedule and costs). Because this project is of high priority and would provide immediate relief to the current space needs with additional courtroom space, staff is seeking the Boards approval to add only Phase I to David Brooks Ent. contract as well. Benefits realized by doing this would be saving of project time and costs due to the fact that Mr. Brooks is already on site, equipment mobilized, for the construction of the New Clerk of Courts Building, window repair and resealing exterior limestone panels on the Old Courthouse, and construction ofthe Chiller Plant. In addition, this would save project cost by utilizing the direct purchase option already in place with David Brooks Ent. for the construction ofthe New Clerk of Court Building project. Additional benefits realized through this recommendation are outlined and attached by Edlund Dritenbas Binkley Architects, currently working with St. Lucie County on this project. Correspondence from The Honorable William L. Roby, Chief Judge, regarding the urgency of this project is attached as well. Funding is available for the "opinion of cost" and staff is seeking the Boards approval to conceptually approve Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction the Old Courthouse, other Phases of the project will be advertised for invitation to bid. RECOMMENDATION: Staff recommends the Board of County Commissioners conceptually approve Change Order No.8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction ofthe Old Courthouse. Upon submittal of actual costs for only Phase I construction by David Brooks Enterprises, staff will present this again to the Board for final approval. CHANGE ORDER ,ST. LUCIE COUNTY PROJECT: (name, address) New Clerk of Courts Building (Phase I-Old Courthouse Ren.) CHANGE ORDER NUMBER: INITIATION DATE: 8 January 12, 2007 TO (Contractor): David Brooks Enterprises 9000 Burma Road, #101 Palm Beach Gardens, FL 33403 CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C05-12-636 CONTRACT DATE: You are directed to make the following 'changes in this Contract: (Additional' sheet attached as Exhibit ,A - Yes No) Incorporate changes to the "Scope of Work" in the contract to ~nclude Phase I construction of the Old Courthouse. No costs are assoclated with this change order at this time; the Boardll!:; approval of. this "conceptual" change order will enable the contractor to submlt an actual cost for Phase I construction. Upon receipt of these costs and upon Board approval, the contract sum will be increased to reflect C03tg aggociated with the rhase I construction of the Old Courthouse. The original (Contract Sum) (Guaranteed Maximum Cost) was............,......... '.... $11 ,863,000.00 Net change by previous authorized Change orders ..................................... $ 2,1 00,000.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... $ 9,763,000.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by this Change Order ....................................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $ The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: 12-07-2005 9,763,000.00 (-) Day::; 10-16-2007 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time' adjustments include the costs and delays for all work c;ontained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full 'and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused di~ectly and indirectly from the Change Order, subject to the current séop~ of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performéd under this Change Ordèr shall be performed in accordance with the contract specifications. Recommended: Approved: Ed11mà Dritenbas Binkl '2y 8- ~f;!':n('. central Services Architect/Engineer St. Lucie County Department 6S Rny¡:¡l P¡:¡lm Pointp-, Vero Bch. FL 2300 Virginia Ave.,Ft. Pierce,FL Address Address By Agreed To: David Brooks Enterprises Contractor 9000 Burma Rd.,PBG, FL Address Date By Dafu Authorized: ¡ St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By Date Approved as to Form and Correctness By Date County Attorney 12/27/2006 11:22 ~ ~. ;;J ~ ~ == u. oo.~ ~ ~n ~~ OOu ~~ ~6 ~~ ~tI) oot) O~ ~E2 OU ~~ >< ~ z ~ '= 0 ~ çQ E=: ~ ~ ~ ;?E~ ~ o ~ ~ Uq $~ uf¡j ~ ~~ .~ U ~ · c.J ~ Q) . q crJ.~ fi ~u ~æ ~ íJ~ t) ~ 9 F- og ~ ~~ @ ~8 § ~8 U O~; ~ r./). ~ ~ ~ c I 8 ö ~ '0 o ~ c.:> 2E Q S ::c ~ Q § t:Q ~ ~~ ~~ ~~ do« Q""¡ ë3fi -<C ¡;j~ ~~ ..JU ~ r:/j ~ þ¡¡ z o 772-462-2135 ~~ °0 ~~ 0° uu 6~ ~~ °e ~~ ~~ n t1J:Q 95 o~c.:> ~u~ fJ3~g ~o~ ..JUJ:Q ~ ~ ~ o ¡-. is Q § d i5 ~ b ¡-. ~ ª § ò ~ 8 o N , ~ o N t:; = N , \D o o N ~ ~ ~ ê IZ) ~æ 6 ~ ~ ~ d~~8~ Q<:...:I~O ~ ëJ~~~~ Q ~p.¡1¡...:IO § C/)6~~~ IÏ1 ...:I t;: P;¡ ~ ~o ~ ~C) §Gu ~. ~2 ~~~ ~ o :>0 ;> £lI :IH,z:¡ C/) ~ ~ ~ ~~~~.~ ffi~"~~~~§ ö ~~ ~ § ~ ~ ~ Q~ utr¡ ~~(" S~ S~ffi~~ ~" ~8~~~ ~~ ~~~~~ ~ o ~ COURT ADMINISTRATION I , i ! , ! I , I I , I I ~ = I 0; g! "'A ; 1"1; ~! ~ . "\I' I ~: : . : , I , I , ~¡ t3i !-i I , ! , I t:; I ~ 0: 'IO N ,N ~ 8 g 0 N N ~ Q ~ c:; § ~ "Eo- 8 U p.. o æ~ HO (.)0 9~ 'O~ ":/'0 ~~ ~~ o ~ e-- o o C o o Ô I"'- 1"'-. - ~ ~~ ~0 ~e,:¡ IZ)~ ["/)0 EJà ~:I: II Q/11 ~~ "0 ~~ t?~ .....~ ~>< d 9 o o ~ 00 00 co '0\0 CJ'\ C\ V'\ V"'¡.. 1 0\\0' 0'11"'-1 - !""ï ~l,I;) go 10 o N I 8 o N o o o o \D '" ....... t". .... IòI<;) ....1 < b ¡-. a-. o o N I co o o N I I I , i , ¡ I I I I i ! , I I I I §g~ ~~f-< ?-i æ(.) Ø::: o ° U ¡;:¡.. ..~ f5 t:I CfJ ~ Q gÒê !~ ""~OU. ~~~ ~~~ ~ 8~~ ~~p.. ~ ~ g ô" H ffi~~Cf) CfJ -Jt:J~~ !~ ~~~~ à:so~ t'<)~¡::>- ~~~~ ~ ~~O< I"-< ...:I¡::Q~ i ~ =0 00 dd g~ '0 ~. ~~ ..... N fr;) fri). 0'1 10 o N , go o o N , ~i t;1 ¡-.! I I , I I , , ( I I I PAGE 04/14 c 0 c 0 ~ ~ ~ ~. : ~ ~ o £- ~ C) .~ b .... ¡ ; I I j I I I I r f I ! I I r r C) ~ ~ < ~ D ~¡-. ~§ ~~ ~t2 ~ ~;:J -< ¡-"8 ~ ~~ 8 ¡.L1(}.. ¡:: ~o í5 ~~ 8 ~H 5 ~u ¡:Q n ~ V:i E-< CJ f:; ~ ~ ~ .g- .g ~ cf'I o ~ 0\ o Ü PHASE 1: OPINION OF PROBABLE COST #1 PREPARED: 18 DECEMBER 2006 BY: EDLUND, DRITENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A. PROJECT: JUDICIAL COMPLEX (PHASE 1 OF 3) DESCRIPTION: Phase 1 includes Levell of the Old Clerk of Court Building, Level 3 of the Old Clerk of Court Building (connecting corridor) and Level 2 of the Old Clerk of Court Building. I. DEMOLITION A. FIRST LEVEL TO SECOND LEVEL CENTRAL STAIR REMOVAL AND EAST ELEVATION PLANTER AND STAIR ASSEMBLY REMOVAL $ 100,000.00 B. REMOVE EXISTING ELEVATOR CAB AND ROOF :MEZZANINE EQUIPMENT $ 30,000.00 II. FIRE PROTECTION SYSTEMS A. WATER MAIN CONNECTION, BACK FLOW PREVENTER, SPRINKLER RISER AND PRIMARY LINES THROUGHOUT ALL LEVELS $ 150,000.00 B. FIRE ALARM CONTROL SYSTEMS THROUGHOUT ALL LEVELS $ 80,000.00 n. RECONSTRUCTION A. PROVIDE NEW WALLS, DOORS, CEILINGS, FLOORING, AND FINISHES AT $300,OOO/LEVEL (2 Yi LEVELS AFFECTED) $ 675,000.00 B. RENOVATE PUBLIC RESTROOMS TO MEET ADA AT $75,OOO/LEVEL (2 LEVELS AFFECTED) $ 150,000.00 C. 2 NEW ELEVATOR CABS, EQUIP:MENT AND EQUIPMENT ROOMS $ 140,000.00 D. HVAC, CHILLED WATER PIPING, CONTROLS AT $275,000/LEVEL (2 Yi LEVELS AFFECTED) $ 618,750.00 Page 1 of2 E. ELECTRICAL SYSTEMS: PANELSANDSvnTCHGEAR $ 200,000.00 LIGHTING, POWER, SWITCHING, DATA, PHONE AT $250,000/LEVEL (2 ~ LEVELS AFFECTED) $ 562,500.00 F. STAIR HANDRAILS, REMOVE AND REPLACE TO CO:MPL Y vnTH ADA $ 75,000.00 G. WINDOW REPLACEMENT N/A H. TATE FLOOR (7" RAISED) AT $90,OOO/LEVEL (2 v.. LEVELS AFFECTED) $ 202,500.00 J. NORTH STAIRWELL GLAZING AND FRAMES AND EAST TOWER CURTAINW ALL GLAZING $ 150,000.00 K. 350KW BI-FUEL GENERATOR AND SWITCHGEAR $ 300,000.00 L. ROOF PARAPET FLASHING REPAIR, NEW ROOF PENETRATIONS AND DUNAGE FRAMES $ 60,000.00 M. STITCH-IN NEW FIRST LEVEL TO SECOND LEVEL DEMISING FLOOR ASSEMBLY AT EAST LOBBY AND STAIR REVISION AT WEST EXIT FIRST TO SECOND LEVELS $ 100,000.00 N. CONSTRUCTION CONTINGENCY @ 20% $ 718.750.00 SUB-TOTAL == $4,312,500.00 NOTE: Opinions exp"md in this "port "pment the professionol opinion of the firm of Edlund, Dâtenbos, Biokley Architect's and Associates, P.A., (EDB) who have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession prucdcing in the same or similar locality. ED B Arrnliec", P.A. does not warrant that this opinion of probable construction cost will not vary from actual costs incurred by the client. Respectfully Submitted, Paul U. Dritenbas, Architect A.LA. Page 2 of2 C:090203VB.doc/pa1l1 12/27/2005 11:22 772-452-2135 COURT ADMINISTRATION PAGE 02/14 , , ,',' ":;"'" ',:":' ...'<~,::: ,.,;>.,:,> .. '- ~ '. . ~.:..,:, :~" . . . ' "", !I ~' . ~ . .:"'", .. .'" . ,,"" ,,' WI\..LlAM L. R.OIIY CHIEF JUDGE THE. CIRCUIT COURT OF THE NINE.TEENTH JUDICIAL C1R.CUlT 100 EAsT OCE^N DOUI.E.V^RD SiUAII.T. Fl.oruDA 3~g94 (1721 âG3·3281 FAX (772) 463-nSJ OF FLOR1D^ December 21,2006 Chris Craft, Chairman Board of County Commissjoners St. Lucie County 2300 Virgjnia Ave. Fort Pierce, FL 34982 Rc: Proposed phasing s.chedule for renovations to the SLC Judicial Complex 'Dear Chairman Cra.ft: On December 6, 2006, I had the pleasure of meeting with Doug Anderson, County Administrator, Faye OutJaw, Assistant County Administrator, Paul Dritenbas, Arohitect, and others regarding the phasing schedule for renovations to the SLC Judicial Complex. The meeting was very productive, and resulted in tbe proposed changes to the phasing schedule. The proposed phasing schedule will provide the most immediate relief to our cu,rrent space needs, providing the courtroom space currently necessary for the Judiciary to timely address our burgeoning cascload.s. As indicated at the meeting on December 6th, this good effort will only sustain the growth needs of the Judiciary in St. Lucie County for the next few years. A long term plan and solution are critical to the continued effective and efficient operations of the criminal justice system in this county. INDIAN RIVER.. MA R. TIN. OK.EECH08£E & .sT. LlJCJE COUNTIE5 12/27/2005 11:22 772-452-2135 COURT ADMINISTRATION PAGE 03/14 Accordingly, I respectfully request your support of the proposed phasing schedule for renovations to the SLC Judicial Complex and in developing a long term plan and solution to meet the space needs of the SLC criminal justice system. Please contact me ifl can be of further assistance with this matter. Sincerely, William L. Roby Chief Judge Attachmen.t cc: The Honorable Burton C. Conner The Honorable Barbara Branis The Honorable Ben L. Bryan, .Tr. The Honorable Cynthia L Cox The Honorable James McCann The Honorable Elizabeth A. Mctzger The Honorable Gary L. Sweet The Honorable Cliff Barnes The Honorable Kathryn Nelson Tbe Honorable Philip J. Yacucci, Jr. The Hon.orable Thomas J. Walsh Doug Anderson, County Administrator Tom Genung, Trial Court Administrator 01/02/2007 11:41 17725599208 EDB ARCHITECTS PAGE 02 EDLUND · DRITENBAS . BINKLEY ARCHITECTS AND ASSOCIATES, P.A. MBmberE3 of t;he Amerlcanlnst;i!;ut;8 of Archlt;8ote; AR#AACDOO866 02 January 2007 TO: Mr. Jesse Baxley SLC Central Services Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 FROM: Edlund, Driten.bas, Binkley Architects and Associates, P.A. 65 Royal Palm Pointe, Suite-D Vero Beach, Florida 32960 RE: Proposed Delivery System for Renovation of the Old Clerk of Court PROJECT: SLC Clerk of the Courts Office Building within the Judicial Complex David Brooks Enterprises, Contractor of Record Dear Jesse, The purpose of this letter is to recommend a delivery system for the proposed Renovation of the Old Clerk of Cou.rt Building that deviates from the standard Design- Bid~ Build process. It is our recommendation that SLC award the project to David Brooks Enterprises via an Additive Change Order to their current agreement with the County for construction of the Clerk of the Court office building. The advantages are as follows: 1. The contractor is already on the job saving mobilization costs. 2. The window replacement and repainting schedule will coincide with the painting of the new Clerk of Court Building saving mobilization costs of the painting sub-contractor. 3. Should a second contractor be awarded the window replacement, repainting and subsequent renovation, an additional mobilization area would be required for another job trailer. Such an area is available but will require taking the balance of the interior courtyard up to second street. 4. The third level corridor (skybridge level) connecting the Annex with the new Clerk of Court Building must be completed as soon as possible or the Clerk's staff will have to go outside to access the Annex. Life safety requirements such as sprinkler and fire alarm systems must be completed before the connecting corridor can be utilized. 5. Purchasing would not have to go through the motions of a public advertisement and bid process saving at least 60 to 90 days. Page 1 of2 66 Roysl Palm Pain1:8. SUi1:8 0, Vera Beach, FL32SS0 V.ro Be.ch 778/1589-4320 Ceerfield liIeach Se4/4eS-aSSI5 Pax 772/E5Sa.9208 F.x B154/421-aeS9 01/02/2007 11:41 17725599208 EDB ARCHITECTS PAGE 03 6. The County can require three sub-contractor prices for all the major components of the proposed construction improvements to insure a competitive envirorunent and achieve the maximum savings possible. The intent of a bid process can still be achieved. 7. The Renovation of the Old Clerk of Court Building will require a great deal of site infrastructure co-ordination. DBE possesses considerable knowledge as to the existing maze of underground utilities in the area. A second contractor on the site would only complicate matters when utUity overlaps occur between the two sites. 8. This project also offers savings for the County by exercising the Direct Purchase option of which DBE and SLC are familiar and currently utilizing on the new Clerk building. 9. Eliminates the imperfect solution as to where one contractor's work ends and a second contractor's work begins. 10. This approach insures continuity ofim.provements by utilizing one contractor. 11. The proposed trenching to install the underground chilled water piping goes directly across DBE's construction and mobilization area. 12. In my opinion, all subsequent improvements for the S.L.C. Judicial Complex~ as described in my 18 December 2006 Phasing Schedule~ should be completed by the general contractor currently on site. Many of the building components such as security and surveillance systems, electric and chilled water utilities, data, phones~ AIC controls, and many others are common to all buildings throughout the complex. A single contractor at the end of the phased improvements to manage post occupancy issues would be a great advantage to S.L.C. 13. I'm not sure ifany advantages exist in the insurance arena such as Builder's Risk and General Liability. This is a question for Purchasing and the County Attorney. Jesse, should you wish to discuss this further please don't hesitate to phone me. The construction of the Clerk of the Court building is scheduled for completion in November of 2007 and David Brooks Enterprises has been extremely cooperative in all aspects of the project including innovative ways to save on construction costs while maintaining high quality. I continue to be very impressed with their company's performance. Page 2 of2 C:060206VB.doc/paut -- ~. AGENDA REQUEST ITEM NO. C-9A DATE: January 23, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Roberta Breene TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants Authorize the approval of Budget Resolution No. 07-029 for the acceptance of a $10,000 contribution from Cargill to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center. The purpose of this project is to enhance the understanding of the St. Lucie River and its estuary by both residents, visitors and students. A new exhibit will show both the natural side of the River as well as the human footprint. Phase I is a 3-dimensional exhibit that covers two adjacent walls of the exhibit hall immediately to the right upon entering the building. The exhibit will provide a glimpse of the underwater world, the river's connection to the land, and the flora and fauna that call this watershed home. Starting at the headwaters, the exhibit will lead you through the body of the river to its estuary and show, through auditory elements, realistic representations, text, and interactive tools, the importance of this riverine system. Visitors will enter below an imaginary waterline where they are introduced to fish, invertebrates, and aquatic vegetation. Above eye level, the shoreline shelf with replicated plants and roots will create an illusion of their underwater experience. Visitors will look through a re-created water surface at the shoreline and some of the river's terrestrial plant and animal species. A background mural and replicated vegetation, wildlife and three-dimensional tree will add depth to the diorama. Phase II will be free-standing and will face the diorama described above. Here, visitors will see the human footprint on the river, with representative homes, boats and lawns portrayed on and along the river shoreline. Through an interactive computer, audio components, text and visuals, they will learn that everybody lives within a watershed and has an impact on these water bodies, whether or not they can see water from their own backyards. Finally, they will learn what they can do to lessen their own impact. County staff worked with representatives from Cargill toward securing funding for this project. Cargill has generously decided to make an outright $10,000 contribution to the project. A presentation of the check will be made at the Oxbow in the near future. FUNDS AVAIL. : These funds will go into Account Fund No. 001-7912-562000-700, General Fund, Education and Outreach-Cultu re/Rec-Buildings. SUBJECT: BACKGROUND: PREVIOUS ACTION: On December 5,2006, the Board authorized County staff to work with Cargill toward the submittal of a funding application. On August 23,2006, the Board authorized the submittal of a similar grant application to the St. Lucie River Issues Team. These funds have not yet been awarded. On RECOMMENDATION: Staff recommends the Board approve Budget Resolution No. 07-029 for the acceptance of a $10,000 contribution from Cargill to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center COMMISSION ACTION: [X] APPROVED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept: Finance: DENIED L ;. Coordination/Signatures Mqt & BUdget:~ Public Works: Purchasing: Other: .. RESOLUTION NO. 07-029 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a donation/contribution from the Cargill for the Oxbow St. Lucie River Exhibit project. 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 St. Lucie County, Florida, in meeting assembled this 23rd day of January, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 001-7912-366930-700 Contributions from Private Sources $10,000 APPROPRIATIONS 001-7912-562000-700 Buildings $10,000 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 THIS 23rd DAY OF JANUARY, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. C-98 DATE: January 23, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Roberta Breene TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants Authorize the submittal of a funding application to the American Forests' Global ReLeaf Program for $83,750 to assist in a $158,150 total project to plant 24,000 trees, ground cover and saw palmettos in an 80-acre Bahia grass section of the Bluefield Ranch Natural Area. The entire Bluefield Ranch Natural Area includes 3,285 acres in southwestern St. Lucie County at the southern end of Bluefield Ranch Road (Exhibit 1). The site is located on the eastern slope of the Orlando Ridge, a relic sand ridge originating near Orlando and ending in Martin County. This area contains a mosaic of natural habitats including: scrub, scrubby flatwoods, baygall and prairie hammock, mesic and wet flatwoods, wet prairie, dry prairie and depression marsh. This variety of natural habitats supports a diverse population of wildlife and plant species, including 13 federally listed animal species, and three federally endangered and two threatened plant species. Public access to the site includes wildlife viewing, hiking, camping, picnicking and horseback riding, The specific project site is approximately 80 acres in which the forest ecosystem has been damaged by human use. Some time ago much of this land was cleared to provide pasture land, subsequently treated with sludge and other fertilizers, planted with non-native Bahia grass and was never reforested. Bahia grass forms a dense mat that aggressively discourages natural reforestation, and provides a mono-typic habitat which limits wildlife habitat, refuge and forage. Bluefield Ranch lands were purchased on July 30, 1998 with funding provided by the St. Lucie County Environmentally Significant Lands program and the Florida Communities Trust. This acquisition also helps to preserve and enhance one of the largest scrub islands (500 acres) remaining along the Orlando Ridge in the Treasure Coast region and to protect diverse native habitat for wildlife populations within a recognized wildlife corridor. With reduction or elimination of the Bahia grass, along with introduction of seedling trees, native grass and wildflower seed, and shrubs, this area will succeed into a healthy pine flatwoods ecosystem and facilitate the enjoyment of this natural area for County residents and visitors. FUNDS AVAIL. : The Global ReLeaf funds will assist in the preparation of the land and the planting of the trees. The County will provide management oversight, native grasses and 3,000 saw palmettos. Funding for the County's $74,400 portion of the project is in Account No. 001-3920-563000-3104 General Fund - Env. Resources/Env Reg - Cypress Creek/Bluefield - Infrastructure. SUBJECT: BACKGROUND: PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval to submit a funding application to the American Forests' Global ReLeaf Program for $83,750 to assist in a $158,150 total project to plant 24,000 trees, ground cover and saw palmettos in an 80-acre Bahia grass section of the Bluefield Ran Natural Area. COMMISSION ACTION: DENIED [~ [ ] APPROVED OTHER: Approved 5-0 County Attorney: Originating Dept: Finance: ~9r I~ Coordination/Signatures Mgt & BUdget:~ Public Works: Purchasing: Other: .., ¥ AGENDA REOUEST ITEM NO. C-IO DATE: January 23, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ADMINISTRA TIONIMEDIA PRESENTED BY: SHANE DEWITT SUBJECT: Staff requests that the Board Approve Budget Amendment 07-029 and Equipment Request 07-300 in the amount of $7,966 for an Editing Workstation funded from General Fund Contingency. BACKGROUND: Please see attached memo. FUNDS WILL BE MADE AVAILABLE IN: 001-1225-564000-100 - Machinery & Equipment PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board's approval of Budget Amendment 07-029 to add $7,966 to Machinery and Equipment and approval of Equipment Request 07-300 for an Editing Workstation from General Fund Contingency. Approved 5-0 -- COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Coordination/Signatures County Attorney: '!I+.r...-M Management & Budget: ~ Purchasing: Originating Dept: Public Safety: Other: Finance: (Check for Copy only, if applicable) _. C:\DOCUMENTS AND SETTINGS\DEWITTS\DESKTOP\MEDIA AGENDA REQUEST 1-23-07,DOC '. MEDIA RELATIONS Memorandum Date: January 23, 2007 To: Board County Commissioners From: Shane DeWitt, Technical Operations Manager Subject: Budget Amendment 07-029 and Equipment Request 07-300 When the new Public Information Officer took his job, his job duties included Public Service Announcements and the continuation of hosting and editing Postcards From Home. As a result, the above Budget Amendment, Equipment Request and Agenda Item are needed to replace an existing editing workstation that the Public Information Officer took and needed as part of his job duties. Staff recommends the Board's approval of Budget Amendment 07-029 transferring $7,966 from the General Fund Contingency to the Machinery and Equipment account 001-1225-564000-100 and approval of Equipment Request 07-300 for an Editing Workstation. If you have any questions, please contact me at ext. 1869. Thank you. " .', ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 Administration APPROVED: YES NO NO REVISED REVISED DEPARTMENT: DIVISION: Media RECOMMENDED: X YES To replace an existing editing workstation that the Public Information Officer took and needed as part of his job duties. ï EQUIPMENT REQ#: EQ 07-300 ACCOUNT#: 001-1225-564000-100 '. Video Hardware Services, LLC 250 Commercial Street Suite 4011 Manchester, NH 03101-1142 f Quote for System Date Order # 12/18/2006 A1577 Name I Address St Lucie County Finance Department 2300 Virginia Avenue Fort Pierce, FL 34982-5652 P.O. No. Terms Due Date Rep Due Upon Receipt 12/18/2006 BH Item Qty Description Cost Total Tumk.., I DreamStation-RT,x2 8,295,00 8,295,00 (8) USB 2.0-1 394a-GigabitLAN (8) SATAII ports-RAID 0,1, 5/PCI-e xl6 (intelamd) Features: Norton Save & Restore - Custom Training DVD (SID-PACKAGE) CPU: Intel E6700 Core 2 Duo 2.67 GHz 1066MHz FSB 4MB Cache (BX80557E6700) Keyboard Type: Logitech Optical Mouse and Keyboard (967524) Case: Black Workstation Tower - 645W PS - (4) SATA-II Bays (SM733T645B) System RAM: 2GB (2x 1GB DDRII-667) (DDR-II6672GB) System Drive: 250GB SAT A-II 7200RPM (ST3250824AS) Spare Drive: 320GB SATA-II 7200RPM (ST3320620AS) Video Card: ATI Radeon XI900 XT DDRIII 512MB DVI/DVI (GV-RXI9T512VB-RH) Primary Optical Drive: Sony DRU-820a Dual Layer DVD Recorder 16X (DRU-820a) Video SATA RAID-O: 2x 320GB SATA-II 7200RPM 640GB RAID-O (2xST3320620AS) Matrox Bundle: Matrox RT.x2 - Adobe Premiere Pro 2.0 (RTX2) Additional Adobe Option: Adobe Production Studio Premium (23160097) Sound Card: Integrated Sound (IT_SOUND) (2) Samsung 971P LCD Displays Speakers: Altec Lansing 3 Piece Speaker Set wi MAXX Bass OS: Windows XP Pro (singleboot) DreamCARE Standard Hardware Warranty and Support - 1 Year (SIDIYR) Disco." Discounts-GOVT -5,00% -414,75 Shipp", Shipping, Handling, & Insurance 85,00 85.00 Sales Tax 0.00% 0,00 Thank You for your Business. Invoices over 30 days are charged 2.5% per month and a $25 Total late fee. $7,965.25 ,. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Media PREPARED DATE: 1/10/2007 AGENDA DATE: 1/23/2007 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-1225-564000-100 Machinery & Equipment $7,966 FROM: 001-9910-599100-800 Continqency $7,966 REASON FOR BUDGET AMENDMENT: To purchase Editinq Workstation CONTINGENCY BALANCE: $360,533 THIS AMENDMENT: $7,966 REMAINING BALANCE: $352,567 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA07 -029 DOCUMENT # & INPUT BY: FISCAL YEAR 2006-2007 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $360,553 ACCOUNT # DEPARTMENT ITEM 001-9910-599100-800 Approved Budget Contingency BA07 -004 BA07 -007 BA07 -008 Line-to-Line BA07-014 BA07 -023 BA07 -024 Proposed action: BA07 -028 BA07 -029 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 Internal Loan for Minor League Complex A.C. Replacement @ Tradition Field Total used: Balance Available Storage units needed for Lawnwood Stadium. Editor for Media Balance Available After Proposed Action: AMOUNT $1,000,000 $25,000 $11,360 $4,098 $479,200 ($4,098) $22,600 $1 ,287 $100,000 $639,447 $360,553 $102,125 $7,966 $258,428 1 AGENDA REQUEST ITEM NO. C-ll DATE: January 23, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 07-028 to establish a budget for Fiscal Year 2007 for the Florida Department of Juvenile Justice Civil Citation Grant in the amount of $50,000. BACKGROUND: The Grant was accepted by Court Administration, representative for the 19th Circuit. Saint Lucie County will serve only as the fiscal agent for this grant. In order to expend these funds, a budget must be established. FUNDS AVAILABLE: 107204-601-334204-6000 PREVIOUS ACTION: The Board of Governors approved serving as fiscal agent for the Civil Citation Grant on 09/26/2006. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 07-028 to establish a budget for Fiscal Year 2007 for the Florida Department of Juvenile Justice Civil Citation Grant in the amount of $50,000. COMMISSION ACTION: [fAPPROVED [] DENIED Approved 5-0 [ ] OTHER: County Attorney: Q . /1 £1<1 Coord ination/Siqnatures Management & Budget: ~ Purchasing: Finance: (Check for Copy only, if applicable) Orig Dept: PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. MEMORANDUM 07-12 OFFICE OF MANAGEMENT & BUDGET TO: FROM: SUBJECT: DATE: Board of County Commissioners Marie Gouin, Management and Budget Director Civil Citation Grant January 23, 2007 Court Administration has been awarded a Florida Department of Juvenile Justice Civil Citation Grant for the 19th Judicial Circuit in the amount of $50,000. St. Lucie County has agreed to serve as the Fiscal Agent for this grant. This grant project is to reduce the number of children referred to the Department of Juvenile Justice and instead of being arrested for minor infractions, they are sent to the Citation Program. Also, a neighborhood prevention program component is included. In order to expend these funds, a budget must be established for FY 2007. Staff recommends board approval of Budget Resolution #07-028 to establish this budget. RESOLUTION NO. 07-028 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Florida Department of Juvenile Justice DMC Civil Citation Grant in the amount of $50,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 23rd day ofJanuary 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 107204-601-334204-6000 APPROPRIATIONS 107204-601-531000-6000 Florida Department of Juvenile Justice $50,000 Professional Services $50,000 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 THIS 23RD DAY OF JANUARY 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Grant #Q7001 Circuit 19, Civil Citation Equal Justice This Grant is entered into between the STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE ("Department"), whose address is 2737 Centerview Drive, Tallahassee, Florida 32399- 3100 and 19th Juvenile Circuit Court Administration, whose address is 250 NW Country Club Drive, Port St. Lucie, FL 34986. ("Grantee"). In consideration of the mutual benefits to be derived from performance under this grant agreement, the Department and the Grantee do hereby agree as follows: I. PERFORMANCE A. The period of performance for this grant is January 1, 2007 to June 30, 2007. B. The Department hereby enters into an agreement with the Grantee to provide delinquency prevention services in the 19TH Judicial Circuit. C. The Grantee shall perform all services in a proper and satisfactory manner in compliance with the terms and conditions set forth in this grant agreement, Exhibit I - the Grant Application, Exhibit 2 - the Deliverables, and all other attachments or exhibits named or referenced. All references to "days" refer to calendar days, and all references to "year" refer to 365 days, unless otherwise specified. II. TYPE OF GRANT A. This is a fixed price grant. III. CIRCULARS AND COMMON RULES A. Administrative requirements: OMB Circular A-I 02, "Grants and Cooperative Agreements with State and Local Governments," OMB Circular A-II 0, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." B. Allowable Costs: OMB Circular No. 87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, " Cost Principles for Educational Institutions," OMB No. A-I22, "Cost Principles for Nonprofit Organizations." C. Audit Requirements: OMB Circular A-I33, "Audits of State, Local Governments and Nonprofit Institutions." IV. COMPENSATION A. Grant Agreement Amount 1. The Annual Maximum Dollar Amount of this grant agreement shall not exceed $100,000.00, subject to the availability of funds. B. Method of Payment 1. As consideration for the services rendered by the Grantee under this grant agreement, the Department will pay the Grantee on a monthly basis in arrears. 2. The Department will pay the Grantee for services upon receipt of monthly invoices for the deliverables and amounts established in Exhibit 2. 3. Only grant costs incurred on or after the effective date and through the termination of the grant are eligible for payment. 1 Grant #Q7001 Circuit 19, Civil Citation Equal Justice This Grant is entered into between the STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE ("Department"), whose address is 2737 Centerview Drive, Tallahassee, Florida 32399- 3100 and 19th Juvenile Circuit Court Administration, whose address is 250 NW Country Club Drive, Port S1. Lucie, FL 34986. ("Grantee"). In consideration of the mutual benefits to be derived from performance under this grant agreement, the Department and the Grantee do hereby agree as follows: I. PERFORMANCE A. The period of performance for this grant is January 1,2007 to June 30, 2007. B. The Department hereby enters into an agreement with the Grantee to provide delinquency prevention services in the 19TH Judicial Circuit. C. The Grantee shall perform all services in a proper and satisfactory manner in compliance with the terms and conditions set forth in this grant agreement, Exhibit 1 - the Grant Application, Exhibit 2 - the Deliverables, and all other attachments or exhibits named or referenced. All references to "days" refer to calendar days, and all references to "year" refer to 365 days, unless otherwise specified. II. TYPE OF GRANT A. This is a fixed price grant. III. CIRCULARS AND COMMON RULES A. Administrative requirements: OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments," OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." B. Allowable Costs: OMB Circular No. 87, "Cost Principles for State and Local Governments," OMB Circular No. A-2I, " Cost Principles for Educational Institutions," OMB No. A-122, "Cost Principles for Nonprofit Organizations." C. Audit Requirements: OMS Circular A-I33, "Audits of State, Local Governments and Nonprofit Institutions." IV. COMPENSATION A. Grant Agreement Amount 1. The Annual Maximum Dollar Amount of this grant agreement shall not exceed $100,000.00, subject to the availability of funds. B. Method of Payment 1. As consideration for the services rendered by the Grantee under this grant agreement, the Department will pay the Grantee on a monthly basis in arrears. 2. The Department will pay the Grantee for services upon receipt of monthly invoices for the deliverables and amounts established in Exhibit 2. 3. Only grant costs incurred on or after the effective date and through the termination of the grant are eligible for payment. 2 Grant #Q7001 Circuit 19, Civil Citation Equal Justice 4. Grant funds shall be expended in accordance \-vith the approved budget. Funds shall be expended by the end of the grant performance period. C. Grant Agreement Term and Renewal This grant agreement shall begin on January 1,2007, or upon full execution, whichever is later, and shall end at midnight on June 30, 2007. The Department may renew this grant agreement, for two terms of one (1) year and one term of one half (1/2) year. The maximum grant agreement dollar amount for the renewal term shall be $100,000.00 for a full year and $50,000 for a half year. This grant is not renewable bevond, midnight, December 31,2009. Exercise of the renewal option is at the Department's sole discretion and shall be contingent, at a minimum, upon satisfactory performance, the Grantee's compliance with the Department's policies and procedures, subject to the availability of funds and other factors deemed relevant by the Department. D. Advance Payment During the first year, one advance payment of up to 25% of the total award amount may be requested upon the effective date of the grant. The total amount of the advance payment will be recovered by reducing the first three months, reimbursements by one-third of the total advance payment. Total payments for the grant period shall not exceed the total grant funds available. The grantee shall invest advanced payments in an insured, interest bearing account. Interest earned on advance funds shall be returned to the Department on a monthly or quarterly basis by check made to the State of Florida, Department of Juvenile Justice and submitted to the grant manager. Grant recipient must provide written justification for advance payments to the grant manager. E. Options The Department reserves the right to exercise one or more options to increase or decrease service units, to change the type or gender of youth served or the location of the program in the event the Department's needs for delinquency prevention change. The Department shall allow the Grantee thirty (30) days to assess any requested increased units of service or changes in services. If agreed upon by both parties, the Grantee shall submit to the Department, in writing, an implementation plan to accommodate the proposed increased units of service or changes in services. Upon Department approval of the implementation plan, any increased units of service or changes in services shall be evidenced by an amendment executed by both parties. The optioned services may not commence before execution of the amendment. Changes agreed to under these options may result in a change to the Maximum grant agreement Dollar Amount. Delivery of changed services shall be upon the telIDs, conditions and rate agreed in the exercise of the options of this grant agreement, but will not exceed the rate specified in the original grant agreement. F, Legislative Appropriation The State of Florida's performance and obligation to pay under this grant agreement is contingent upon an annual appropriation by the Florida Legislature. G. Submission of Invoice, Invoice Processing and Interest Rate A properly prepared invoice shall be submitted directly to the grant agreement Manager within ten (10) days following the end of the month for which services Grant #Q7001 Circuit 19, Civil Citation Equal Justice 2 4. Grant funds shall be expended in accordance with the approved budget. Funds shall be expended by the end of the grant performance period. C. Grant Agreement Term and Renewal This grant agreement shall begin on January 1,2007, or upon full execution, whichever is later, and shall end at midnight on June 30, 2001. The Department may renew this grant agreement, for two terms of one (1) year and one term of one half (1/2) year. The maximum grant agreement dollar amount for the renewal term shall be $100,000.00 for a full year and $50,000 for a half year. This grant is not renewable bevond, midnight, December 31,2009. Exercise of the renewal option is at the Department's sole discretion and shall be contingent, at a minimum, upon satisfactory performance, the Grantee's compliance with the Department's policies and procedures, subject to the availability of funds and other factors deemed relevant by the Department. D. Advance Payment During the first year, one advance payment of up to 25% of the total award amount may be requested upon the effective date of the grant. The total amount of the advance payment will be recovered by reducing the first three months, reimbursements by one-third of the total advance payment. Total payments for the grant period shall not exceed the total grant funds available. The grantee shall invest advanced payments in an insured, interest bearing account. Interest earned on advance funds shall be returned to the Department on a monthly or quarterly basis by check made to the State of Florida, Department of Juvenile Justice and submitted to the grant manager. Grant recipient must provide written justification for advance payments to the grant manager. E. Options The Department reserves the right to exercise one or more options to increase or decrease service units, to change the type or gender of youth served or the location of the pro gram in the event the Department's needs for delinquency prevention change. The Department shaH allow the Grantee thirty (30) days to assess any requested increased units of service or changes in services. If agreed upon by both parties, the Grantee shall submit to the Department, in writing, an implementation plan to accommodate the proposed increased units of service or changes in services. Upon Department approval of the implementation plan, any increased units of service or changes in services shall be evidenced by an amendment executed by both parties. The optioned services may not commence before execution of the amendment. Changes agreed to under these options may result in a change to the Maximum grant agreement Dollar Amount. Delivery of changed services shall be upon the terms, conditions and rate agreed in the exercise of the options of this grant agreement, but will not exceed the rate specified in the original grant agreement. F. Legislative Appropriation The State of Florida's performance and obligation to pay under this grant agreement is contingent upon an annual appropriation by the Florida Legislature. G. Submission of Invoice, Invoice Processing and Interest Rate A properly prepared invoice shall be submitted directly to the grant agreement Manager within ten (10) days following the end of the month for which services 3 Grant #Q7001 Circuit 19, Civil Citation Equal Justice were rendered. Pursuant to section 215.422, Florida Statutes, the Department's grant agreement Manager shall have five (5) days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Department of Financial Services within twenty (20) days; and thereafter the Department of Financial Services is given ten (10) days to issue a warrant. The twenty (20) days are measured from the latter of the date the properly prepared invoice is received or services are received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices returned to a Grantee for correction(s) will result in a delay in the payment. H. Vendor Ombudsman A Vendor Ombudsman, established within the Department of Financial Services, may be contacted if a Grantee is experiencing problems in obtaining timely payment(s) from a State of Florida agency. I. Final Invoice The Grantee shall submit the final invoice for payment to the Department no more than forty-five (45) days after the grant agreement ends or is terminated. If the Grantee fails to do so, all rights to payments are forfeited and the Department will not honor any requests submitted after the above time period. Any payment due under the terms of this grant agreement may be withheld until the Grantee complies with the requirements of this grant agreement, including submittal of all reports due from the Grantee and the return of all Department-furnished property and equipment purchased with grant funds. J. Reduction of Monthl y Payments The Depm1ment may reduce the amount of the monthly payment after: 1. finding substantial evidence ofthe Grantee's failure to perform the services required by the grant agreement, 2, preparing written findings substantiating the Grantee's failure to perform, 3, notifying the Grantee of the proposed reduction of the monthly payment, and providing an opportunity for discussion of the proposed reduction in payment. The amount of any reduction shall be based upon the negotiated costs of those services not performed during the payment period. K. Supplemental Expenditure The Department, at its option and without notice to the Grantee, shall have the right to make any payment or expenditure that the Grantee failed to have made under the grant agreement, to assure all services will remain available to youth if the Grantee fails to perform as required under this grant agreement. Such expenditures by the Department may include, but not be limited to, payment for repairs affecting life, health or safety of youth or staff; food and medical services; utilities; claims for which liens may be attached to the property; insurance premiums; and other supplementary goods or services. Any payment by the Department shall be without prejudice to any of the Department's rights or remedies under this grant agreement, at law, or in equity. All sums paid by the Department, including indirect costs incurred by the Department to bring the program into compliance with grant agreement requirements pursuant to this paragraph shall be immediately due and payable from the Grantee. Such sums - 3 Grant #Q7001 Circuit 19, Civil Citation Equal Justice were rendered. Pursuant to section 215.422, Florida Statutes, the Department's grant agreement Manager shall have five (5) days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Department of Financial Services within twenty (20) days; and thereafter the Department of Financial Services is given ten (10) days to issue a warrant. The twenty (20) days are measured from the latter of the date the properly prepared invoice is received or services are received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices returned to a Grantee for correction(s) will result in a delay in the payment. H. Vendor Ombudsman A Vendor Ombudsman, established within the Department of Financial Services, may be contacted if a Grantee is experiencing problems in obtaining timely payment(s) from a State of Florida agency. 1. Final Invoice The Grantee shall submit the final invoice for payment to the Department no more than forty-five (45) days after the grant agreement ends or is terminated. If the Grantee fails to do so, all rights to payments are forfeited and the Department will not honor any requests submitted after the above time period. Any payment due under the terms of this grant agreement may be withheld until the Grantee ' complies with the requirements of this grant agreement, including submittal of all reports due from the Grantee and the return of all Department-furnished property and equipment purchased with grant funds. J. Reduction of Monthly Payments The Department may reduce the amount of the monthly payment after: 1. finding substantial evidence of the Grantee's failure to perform the services required by the grant agreement, 2. preparing written findings substantiating the Grantee's failure to perform, 3, notifying the Grantee of the proposed reduction of the monthly payment, and providing an opportunity for discussion of the proposed reduction in payment. The amount of any reduction shall be based upon the negotiated costs of those services not performed during the payment period. K. Supplemental Expenditure The Department, at its option and without notice to the Grantee, shall have the right, to make any payment or expenditure that the Grantee failed to have made under the grant agreement, to assure all services will remain available to youth if the Grantee fails to perform as required under this grant agreement. Such expenditures by the Department may include, but not be limited to, payment for repairs affecting life, health or safety of youth or staff; food and medical services; utilities; claims for which liens may be attached to the property; insurance premiums; and other supplementary goods or services. Any payment by the Department shall be without prejudice to any of the Department's rights or remedies under this grant agreement, at law, or in equity. All sums paid by the Department, including indirect costs incurred by the Department to bring the program into compliance with grant agreement requirements pursuant to this paragraph shall be immediately due and payable from the Grantee. Such sums 4 Grant #Q7001 Circuit 19, Civil Citation Equal Justice may be recovered by the Department by means of a reduction to a monthly invoice payment otherwise payable to the Grantee under the grant agreement. Payment of the cost described above shall not relieve the Grantee of the duty of full performance under the grant agreement. L. Travel Reimbursement Travel and per diem expenses for this program are included in the total cost of the services requested, and additional travel expenses will not be authorized. All travel costs shall be in accordance with Section 112.061 of the Florida Statutes. All travel reimbursement for out-of-state shall be based upon written approval of the grant manger prior to the travel. The Grantee shall send a representative to any required technical assistance training provided by the Department. M. Unused Grant Funds All grant funds not expended for liabilities incurred during the grant year will be returned to the Department by the Grantee within 45 days after the end of the grant. The final invoice and documentation shall accompany the returns of funds. V. LIABILITY A. Indemnification 1. Pursuant to section 768.28(l1)(a), Florida Statutes, the Grantee agrees that it and any of its employees, agents or subcontractors are agents and not employees of the State while acting within the scope of their duties and responsibilities to be performed under this Grant agreement. The Grantee further agrees to indemnify the Department, upon notice of any liabilities caused by the Grantee or its employees' or agents' negligent or tortious acts or omissions within the scope of their employment under this Grant agreement up to the limits of sovereign immunity as set forth in Florida law. The Grantee further agrees to defend the Department and hold it harmless, upon receipt of the Department's notice of claim of indemnification to the Grantee, against aU claims, suits, judgments, damages or liabilities, including court costs and attorneys' fees incurred by the Department because of the negligent or tortious acts of the Grantee or its employees, agents or subcontractors. 2. The Grantee is responsible for all personal injury and property damage attributable to negligent acts or omissions of that party and the officers, employees or agents, thereof. Nothing herein shall be construed as-an indemnity or a waiver of sovereign immunity enjoyed by any party hereto. VI. TERMINATION A. For Department Convenience The Department may terminate this grant agreement, in whole or in part, without cause, for its convenience, and without additional cost to the Department, by giving no less than thirty (30) days written notice to the Grantee. B. For Grantee Convenience The Grantee may terminate this grant agreement, without cause, for its convenience, by giving no less than ninety (90) days written notice to the Department, unless both parties mutually agree in writing to a different notice 4 Grant #Q7001 Circuit 19, Civil Citation Equal Justice may be recovered by the Department by means of a reduction to a monthly invoice payment otherwise payable to the Grantee under the grant agreement. Payment of the cost described above shall not relieve the Grantee of the duty of full performance under the grant agreement. L. Travel Reimbursement Travel and per diem expenses for this program are included in the total cost of the services requested, and additional travel expenses will not be authorized. All travel costs shall be in accordance with Section 112.061 of the Florida Statutes. All travel reimbursement for out-of-state shall be based upon written approval of the grant manger prior to the travel. The Grantee shall send a representative to any required technical assistance training provided by the Department. M. Unused Grant Funds All grant funds not expended for liabilities incurred during the grant year will be returned to the Department by the Grantee within 45 days after the end of the grant. The final invoice and documentation shall accompany the returns of funds. V. LIAB ILITY A. Indemnification 1. Pursuant to section 768.28(11)(a), Florida Statutes, the Grantee agrees that it and any of its employees, agents or subcontractors are agents and not employees of the State while acting within the scope of their duties and responsibilities to be performed under this Grant agreement. The Grantee further agrees to indemnify the Department, upon notice of any liabilities caused by the Grantee or its employees' or agents' negligent or tortious acts or omissions within the scope of their emp10yment under this Grant agreement up to the limits of sovereign immunity as set forth in Florida law. The Grantee further agrees to defend the Department and hold it harmless, upon receipt of the Department's notice of claim of indemnification to the Grantee, against all claims, suits, judgments, damages or liabilities, including court costs and attorneys' fees incurred by the Department because of the negligent or tortious acts of the Grantee or its employees, agents or subcontractors. 2, The Grantee is responsible for all personal injury and property damage attributable to negligent acts or omissions of that party and the officers, employees or agents, thereof. Nothing herein .§hall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto. VI. TERMINATION A. For Department Convenience The Department may terminate this grant agreement, in whole or in part, without cause, for its convenience, and without additional cost to the Department, by giving no less than thirty (30) days written notice to the Grantee. B. For Grantee Convenience The Grantee may terminate this grant agreement, without cause, for its convenience, by giving no less than ninety (90) days written notice to the Department, unless both parties mutually agree in writing to a different notice Grant #Q700 1 Circuit 19, Civil Citation Equal Justice 5 period. The Grantee shall be operating in a state of compliance with the terms and conditions of the grant agreement at the time the notice is issued and shall remain compliant for the duration of the performance period. C. For Default The Department may terminate this grant agreement, in whole or in part, for default, pursuant to the provisions of chapter 60A-1.006(3), Florida Administrative Code, upon written notice to the Grantee. If applicable, the Depaliment may employ the default provisions in chapter 60A-1.006(3, 4), Florida Administrative Code. Waiver or breach of any provisions of this grant agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this grant agreement. The provisions herein do not limit the Department's right to remedies at law or to damages (including, but not limited to, re-procurement cost). All termination notices shall be sent by certified mail, or other delivery service with proof of delivery as set forth in the Notice provision of this grant agreement. D. Refusal to Allow Public Access to Records This grant agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other materials subject to the provisions of chapter 119, Florida Statutes, and made or received by the Grantee in connection with this grant agreement. VII. RECORDS AND AUDIT REQUIREMENT A. Financial and Compliance Audits The Grantee shall provide a financial and compliance audit to the Department as specified in Exhibit 6 and 6. I, AUDIT COMPLIANCE FORM - available at: http://www.dii.state.fl.us/Grantees/contracts/index.html and sure that all supporting documentation is available for review by the auditor. This program is afederal project for purposes of the Florida Single Audit Act and Part II does not apply. The Catalogue of Federal Domestic Assistance number for this program is 16.540. B. Records and Auditing Requirements 1. The Grantee shall maintain books, records, and documents (including electronic storage media), for a minimum of five (5) years, in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under this grant agreement. The Grantee sha1l assure that these records are available at all reasonable times to inspection, review, or audit by state and federal personnel and other personnel duly authorized by the Department. 2. The Grantee shall have an annual audit of the grant funded program in accordance with the Rules of the Auditor General, Chapter 10.600 Audits of State Grants and Aids Appropriations, promulgated pursuant to Section I 1.45, Florida Statutes. If the amounts received do not exceed $25,000, a sworn affidavit from the agency shall be submitted stating the program has complied with the provisions of the grant. The annual audit is due not later than 120 days after the close of the grant fiscal year. Grant #Q7001 Circuit 19, Civil Citation Equal Justice 5 period. The Grantee shall be operating in a state of compliance with the terms and conditions of the grant agreement at the time the notice is issued and shall remain compliant for the duration of the performance period. C. For Default The Department may terminate this grant agreement, in whole or in part, for default, pursuant to the provisions of chapter 60A-1.006(3), Florida Administrative Code, upon written notice to the Grantee. If applicable, the Department may employ the default provisions in chapter 60A-1.006(3, 4), Florida Administrative Code. Waiver or breach of any provisions of this grant agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this grant agreement. The provisions herein do not limit the Department's right to remedies at law or to damages (including, but not limited to, re-procurement cost). All termination notices shall be sent by certified mail, or other delivery service with proof of delivery as set forth in the Notice provision of this grant agreement. D. Refusal to Allow Public Access to Records This grant agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other materials subject to the provisions of chapter 119, Florida Statutes, and made or received by the Grantee in connection with this grant agreement. VII. RECORDS AND AUDIT REQUIREMENT A. Financial and Compliance Audits The Grantee shall provide a financial and compliance audit to the Department as specified in Exhibit 6 and 6.1, AUDIT COMPLIANCE FORM - available at: http://www.dii.state.fl.us/Grantees/contracts/index.htmland sure that all supporting documentation is available for review by the auditor. This program is afederal project for purposes of the Florida Single Audit Act and Part II does not apply. The Catalogue of Federal Domestic Assistance number for this program is 16.540. B. Records and Auditing Requirements I. The Grantee shall maintain books, records, and documents (including electronic storage media), for a minimum of five (5) years, in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under this grant agreement. The Grantee shall assure that these records are available at all reasonable times to inspection, review, or audit by state and federal personnel and other personnel duly authorized by the Department. 2. The Grantee shall have an annual audit of the grant funded program in accordance with the Rules of the Auditor General, Chapter 10.600 Audits of State Grants and Aids Appropriations, promulgated pursuant to Section 11.45, Florida Statutes. If the amounts received do not exceed $25,000, a sworn affidavit from the agency shall be submitted stating the program has complied with the provisions of the grant. The annual audit is due not later than] 20 days after the close of the grant fiscal year. Grant #Q7001 Circuit 19, Civil Citation Equal Justice 6 C. Duplication and Transfer of Records Upon completion or termination of the grant agreement, the Grantee shall cooperate with the Department to facilitate the duplication and transfer of the records or documents during the required retention period. VIII. GENERAL TERMS & CONDITIONS A. Governing Law and Venue This grant agreement shall be construed in accordance with the laws of Florida. Each provision of this grant agreement shall be interpreted to be effective and valid under applicable law. If any provision of this grant agreement shall be prohibited or invalid under applicable law, such pr"jsion sha111=,~ ineffective to the extent of such prohibition or invalidity. The "',,_ .nder of r 'J ~ûl:n PruVlSil and the remaining provisions of this grant agrp ,~.h _< '", '.-main fully effective . 1 .. .1: À \/f>.nut.:: for any proceedinJZ rr _ ...wg the proposal submitted by the Grantee and ide i""a. '-,-, rrr""t - .dIent shall be Leon County, Florida. B. Order of Precedence In the event of conflict bet W~ 1 any part of the Grantee's proposal incorporated into this grant agreement by reference and any other term of this grant agreement, the other terms of this grant agreement (and not the Grantee's proposal) shall prevail. C. Rights, Powers and Remedies No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this grant agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. D. Third Party Rights This grant agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. E. Civil Rights 1. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this grant agreement. 2. The Grantee shall, if applicable, comply with non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. F. Legal and Policy Compliance Grant #Q7001 Circuit 19, Civil Citation Equal Justice 6 C. Duplication and Transfer of Records Upon completion or termination of the grant agreement, the Grantee shall cooperate with the Department to facilitate the duplication and transfer of the records or documents during the required retention period. VIII. GENERAL TERl'v1S & CONDITIONS A Governing Law and Venue This grant agreement shall be construed in accordance with the laws of Florida. Each provision of this grant agreement shall be interpreted to be effective and valid under applicable law. If any provision of this grant agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity. The remainder of any such provision and the remaining provisions of this grant agreement shall remain fully effective and valid. Venue for any proceeding regarding the proposal submitted by the Grantee and the resulting grant agreement shall be Leon County, Florida. B. Order of Precedence In the event of conflict between any part of the Grantee's proposal incorporated into this grant agreement by reference and any other term of this grant agreement, the other terms of this grant agreement (and not the Grantee's proposal) shall prevail. C. Rights, Powers and Remedies No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this grant agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. D. Third Party Rights This grant agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. E. Civil Rights 1. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this--grant agreement. 2. The Grantee shall, if applicable, comply with non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Pari 35 and Part 39. F. Legal and Policy Compliance Grant #Q7001 Circuit 19, Civil Citation Equal Justice 7 1. The Grantee shall comply with all local, state, and federal laws, rules, regulations and codes whenever work is performed under this grant agreement. 2. The Grantee shall comply with all Department policies and procedures. 3. Any licenses or permits required for this grant agreement will be obtained by the Grantee and maintained for the duration of this grant agreement. 4. Any and all waivers of Department policies, procedures, manuals, and/or Quality Assurance standards shall be reduced to writing through a grant agreement amendment that is mutually agreed upon by both parties. G. Use of Funds for Lobbying Prohibited The Grantee shall comply with the provisions of sections 11.062 and 216.347, Florida Statutes, which prohibit the expenditure of grant agreement funds for the purpose of lobbying the Legislature, judicial branch or a state agency. H. Immigration & Nationality Act The knowing employment of unauthorized aliens is a violation of Section 274A (a) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of this grant agreement. I. Public Entity Crime A person or affiliate who has been placed on the Florida Convicted Vendor List pursuant to section 287.133, Florida Statutes, following a conviction for a public entity crime may not submit a proposal or bid on a grant agreement to provide any goods or services to the Department, and may not be awarded or perform work as a supplier, subcontractor, or consultant under a grant agreement with the Department, and may not transact business with the Department (in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO) for a period of thirty-six (36) months from the date of being placed on the Convicted Vendor List. J. Discrimination In accordance with sections 287.094 and 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List: 1. May not submit a bid on a contract to provide goods or services to a public entity; 2. May not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; 3. May not submit bids or leases of real property to a public entity; 4. May not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5. May not transact business with any public entity. K. Americans With Disabilities Act Requirement The Grantee shall not exclude anyone from participating in; deny anyone the proceeds or benefits of; not otherwise subject any person(s) or subcontractors to any form of discrimination based on the grounds of race, creed, color, national origin, age, sex, or disability. The Grantee shall comply with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336. 1. Copyrights and Right to Data Grant #Q7001 Circuit 19, Civil Citation Equal Justice 7 1. The Grantee shall comply with all local, state, and federal laws, rules, regulations and codes whenever work is performed under this grant agreement. 2. The Grantee shall comply with all Department policies and procedures. 3. Any licenses or permits required for this grant agreement will be obtained by the Grantee and maintained for the duration of this grant agreement. 4. Any and all waivers of Department policies, procedures, manuals, and/or Quality Assurance standards shall be reduced to writing through a grant agreement amendment that is mutually agreed upon by both parties. G. Use of Funds for Lobbying Prohibited The Grantee shall comply with the provisions of sections 11.062 and 216.347, Florida Statutes, which prohibit the expenditure of grant agreement funds for the purpose of lobbying the Legislature, judicial branch or a state agency. H. Immigration & Nationality Act The knowing employment of unauthorized aliens is a violation of Section 274A (a) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of this grant agreement. 1. Public Entity Crime A person or affiliate who has been placed on the Florida Convicted Vendor List pursuant to section 287.133, Florida Statutes, following a conviction for a public entity crime may not submit a proposal or bid on a grant agreement to provide any goods or services to the Department, and may not be awarded or perform work as a supplier, subcontractor, or consultant under a grant agreement with the Department, and may not transact business with the Department (in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO) for a period of thirty-six (36) months from the date of being placed on the Convicted Vendor List. J. Discrimination III accordance with sections 287.094 and 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List: 1. May not submit a bid on a contract to provide goods or services to a public entity; 2. May not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; 3. May not submit bids or leases of real-property to a public entity; 4. May not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5. May not transact business with any public entity. K. Americans With Disabilities Act Requirement The Grantee shall not exclude anyone from participating in; deny anyone the proceeds or benefits of; not otherwise subject any person(s) or subcontractors to any form of discrimination based on the grounds of race, creed, color, national origin, age, sex, or disability. The Grantee shall comply with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336. L. Copyrights and Right to Data Grant #Q7001 Circuit 19, Civil Citation Equal Justice 8 Where activities supported by this grant agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Department has the right to use, duplicate and disclose such materials in whole or in part in any manner, for any purpose whatsoever, and to have others acting on behalf of the Department to do so. If the materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the State. Any publication produced under this grant shall contain the following wording:" This publication is partially funded by funds awarded by the U.S. Department of Justice, Office of Juvenile Justice and Delinqeuncy Prevention, and the Florida Department of Juvenile Justice." Any publication shall include the following statement: "The opinions, findings, and conclusions or recommendations expressed in the publication are those of the author(s) and do not represent the views of the Department of Juvenile Justice." The receipt of the grantor agency funding does not constitute official recognition or endorsement of any work preformed under the grant. M. Assignments and Subcontracts The Grantee shall not assign responsibility of this grant agreement to another party or subcontract for any of the work contemplated under this grant agreement, nor transfer program services to another location without written approval of the Department. No such approval by the Department of any assignment or subcontract shall be deemed in any event to provide for the Department incurring any obligation in addition to the total dollar amount agreed upon in this grant agreement. N. Sponsorship Ifthe Grantee is a non-governmental organization which sponsors a program financed partially by State funds, including any funds obtained through this grant, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by the Grantee" and the "State of Florida, Department of Juvenile Justice." If the sponsorship reference is in written material, the words "State of Florida, Department of Juvenile Justice" shall appear in the same size letters or type as the name of the organization. O. Insurance The Grantee shall provide adequate insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this grant. State agencies shall comply with Section 768.28, Florida Statutes and verification of liability insurance shall be provided upon request. Payment will be withheld until proof of insurance has been forwarded to the grant manager. P. Use of Consultants The Department's review of outsourcing agreement(s) associated with this grant agreement award does not relieve the Grantee of the responsibility to: 1. Manage the consultant; 2. Demonstrate the value added and reasonableness of consultant pricing; and, Grant #Q7001 Circuit 19, Civil Citation Equal Justice 8 \Vhere activities supported by this grant agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Department has the right to use, duplicate and disclose such materials in whole or in part in any manner, for any purpose whatsoever, and to have others acting on behalf of the Department to do so. If the materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, wiII vest in the State of Florida, Department of State, for the exclusive use and benefit of the State. Any publication produced under this grant shall contain the following wording:" This publication is partially funded by funds awarded by the U.S. Department of Justice, Office of Juvenile Justice and Delinqeuncy Prevention, and the Florida Department of Juvenile Justice." Any publication shall include the following statement: "The opinions, findings, and conclusions or recommendations expressed in the publication are those of the author(s) and do not represent the views of the Department of Juvenile Justice." The receipt of the grantor agency funding does not constitute official recognition or endorsement of any work preformed under the grant. M. Assignments and Subcontracts The Grantee shall not assign responsibility of this grant agreement to another party or subcontract for any of the work contemplated under this grant agreement, nor transfer program services to another location without written approval of the Department. No such approval by the Department of any assignment or subcontract shall be deemed in any event to provide for the Department incurring any obligation in addition to the total dollar amount agreed upon in this grant agreement. N. Sponsorship If the Grantee is a non-govenunental organization which sponsors a program financed partially by State funds, including any funds obtained through this grant, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by the Grantee" and the "State of Florida, Department of Juvenile Justice." If the sponsorship reference is in written material, the words "State of Florida, Department of Juvenile Justice" shall appear in the same size letters or type as the name of the organization. O. Insurance The Grantee shall provide adequate insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this grant. State agencies shall comply with Section 768.28, Florida Statutes and verification of liability insurance shall be provided upon request. Payment will be withheld until proof of insurance has been forwarded to the grant manager. P. Use of Consultants The Department's review of outsourcing agreement(s) associated with this grant agreement award does not relieve the Grantee of the responsibility to: I. Manage the consultant; 2. Demonstrate the value added and reasonableness of consultant pricing; and, Grant #Q7001 Circuit 19, Civil Citation Equal Justice 9 3. Meet all contractual obligations. Q. Training Requirements Any person employed as a full-time or part-time staff person, who provides direct care and custody of youth, by a private entity under grant agreement to the Department shall be trained in accordance with chapters 985 and 20, Florida Statutes, and Depaliment policies and manuals. The Grantee shall comply with any subsequent changes to Department policies, manuals or state and federal laws. R. Inspector General Requirements Pursuant to section 20.055, Florida Statutes, the Office of the Inspector General is responsible for providing direction for supervising and coordinating audits, investigations, and reviews relating to the programs and activities operated or financed by the Department for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud, waste, and abuse in its programs and activities. S. Incident Reporting The Grantee shall comply with the Department's Statewide Incident Reporting Procedure that is available on the Department's website. The Program Director is responsible for ensuring that all incidents are properly reported both internally and to the necessary outside agencies. The Grantee shall notify the Department, in writing, of its plan to address substantiated findings. The Department reserves the right to review and accept or reject the plan. In the event the Department and Grantee cannot mutually agree on a plan, the Department reserves the right to take grant agreement action. Failure to comply with this procedure could result in cancellation of the grant agreement. T. Arrest Reporting Requirements The Grantee shall implement a written procedure requiring all owners, operators, directors and caretaker/direct contact staff who have been arrested for any criminal offense to make a report of their arrest, either written or oral, to their immediate supervisor within three (3) business days of the arrest. This procedure shall require the imposition of corrective action for noncompliance. U. Background Screening The Grantee shall comply with the Department's Statewide Procedure on Background Screening for Employees, Vendors, and Volunteers that is available on the Department's website. The Grantee shall comply with the requirements for background screening as mandated in section 985.01, Florida Statutes. Failure to comply with the Department's background screening procedure may result in cancellation of the grant agreement. V. Qualified Participants The intervention program is open to youth ages 7-17. Unless otherwise agreed upon, the program shall serve both males and females. The Grantee shall notify the referring agency of non-compliant youth who do not complete and/or do not meet the agreed upon terms of the intervention strategy. W. Monitoring I. The Grantee shall comply with the Juvenile Justice Specialist Monitoring outlined in the Delinquency and Prevention Program Management Policy and Procedures Manual. This includes scheduled and unannounced site Grant #Q7001 Circuit 19, Civil Citation Equal Justice 9 3. Meet all contractual obligations. Q. Training Requirements Any person employed as a full-time or part-time staff person, who provides direct care and custody of youth, by a private entity under grant agreement to the Department shall be trained in accordance with chapters 985 and 20, Florida Statutes, and Department policies and manuals. The Grantee shall comply with any subsequent changes to Department policies, manuals or state and federal laws. R. Inspector General Requirements Pursuant to section 20.055, Florida Statutes, the Office of the Inspector General is responsible for providing direction for supervising and coordinating audits, investigations, and reviews relating to the programs and activities operated or financed by the Department for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud, waste, and abuse in its programs and activities. S. Incident Reporting The Grantee shall comply with the Department's Statewide Incident Reporting Procedure that is available on the Department's website. The Program Director is responsible for ensuring that all incidents are properly reported both internally and to the necessary outside agencies. The Grantee shall notify the Department, in writing, of its plan to address substantiated findings. The Department reserves the right to review and accept or reject the plan. In the event the Department and Grantee cmillot mutually agree on a plan, the Department reserves the right to take grant agreement action. Failure to comply with this procedure could result in cancellation of the grant agreement. T. Arrest Reporting Requirements The Grantee shall implement a \VTitten procedure requiring all owners, operators, directors and caretaker/direct contact staff who have been arrested for any criminal offense to make a report of their arrest, either written or oral, to their immediate supervisor within three (3) business days of the arrest. This procedure shall require the imposition of corrective action for noncompliance. U. Background Screening The Grantee shall comply with the Department's Statewide Procedure on Background Screening for Employees, Vendors, and Volunteers that is available on the Department's website. The Grantee shall comply with the requirements for background screening as mandated in section 985.0 I, Florida Statutes. Failure-tö comply with the Department's background screening procedure may result in cancellation of the grant agreement. V. Qualified Participants The intervention program is open to youth ages 7-17. Unless otherwise agreed upon, the program shall serve both males and females. The Grantee shall notify the referring agency of non-compliant youth who do not complete and/or do not meet the agreed upon terms of the intervention strategy. W. Monitoring I. The Grantee shall comply with the Juvenile Justice Specialist Monitoring outlined in the Delinquency and Prevention Program Management Policy and Procedures Manual. This includes scheduled and unannounced site Grant #Q7001 Circuit 19, Civil Citation Equal Justice 10 visits. 2. The results of monitoring reviews and final scores do not relieve the Grantee of its responsibility for compliance with other provisions in this grant agreement. A satisfactory monitoring report is not the equivalent of grant agreement compliance. 3. The Grantee shall permit persons duly authorized by the Department to inspect any records, papers, documents, facilities, goods and services of the Grantee which are relevant to this grant agreement, and interview any clients and employees of the Grantee under such conditions as the Department deems appropriate. Following such inspection, the Department will deliver to the Grantee a list of its comments regarding the manner in which said goods or services are being provided. The Grantee shall rectify all noted deficiencies specified by the Department within the specified period of time set forth in the comments, or provide the Department with a reasonable and acceptable justification for not correcting the noted shortcomings. The Grantee's failure to correct or justify within the time specified by the Department may result in the withholding of payments, being deemed in breach or default, or termination of this grant agreement. The Department may conduct unannounced monitoring visits. X. Taxes The State of Florida is exempt from the payment of tax. Y. Personnel All personnel provided under this grant agreement, whether performance is as a Grantee, subcontractor, or any employee, agent or representative of the Grantee or subcontractor, shall be licensed or certified under applicable law for the position they hold. All such personnel shall renew licenses or certifications pursuant to applicable law or rule. Copies of all current personnel licenses or certificates shall be kept on file by the Grantee and provided to the Department's Grant Manager upon request. Z. Confidentiality Pursuant to Section 985.04, Florida Statutes, all information obtained in the course of this grant agreement regarding youth in the care of the Department is confidential. AA.-- Certification Regarding debarment, Suspension, Ineligibility, and Voluntary Exclusion The Grantee, by execution of this grant agreement, certifies that nether it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in the grant agreement with the Department by any federal department or agency, pursuant to 34CFR, part 85, Section 85.510. The Grantee shall notify the Department if, at any time during this grant agreement, it or its principals are debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in the grant agreement with the Department by any federal department or agency. The list of excluded entities is available at http://www.epls.gov/. AB. Grant Amendments Grant #Q7001 Circuit 19, Civil Citation Equal Justice 10 visits. 2. The results of monitoring reviews and final scores do not relieve the Grantee of its responsibility for compliance with other provisions in this grant agreement. A satisfactory monitoring report is not the equivalent of grant agreement compliance. 3. The Grantee shall permit persons duly authorized by the Department to inspect any records, papers, documents, facilities, goods and services of the Grantee which are relevant to this grant agreement, and interview any clients and employees of the Grantee under such conditions as the Department deems appropriate. Following such inspection, the Department will deliver to the Grantee a list of its comments regarding the manner in which said goods or services are being provided. The Grantee shall rectify all noted deficiencies specified by the Department within the specified period of time set forth in the comments, or provide the Department with a reasonable and acceptable justification for not correcting the noted shortcomings. The Grantee's failure to correct or justify within the time specified by the Department may result in the withholding of payments, being deemed in breach or default, or tennination of this grant agreement. The Department may conduct unannounced monitoring visits. X. Taxes The State of Florida is exempt from the payment of tax. Y. Personnel All persOlmel provided under this grant agreement, whether performance is as a Grantee, subcontractor, or any employee, agent or representative of the Grantee or subcontractor, shall be licensed or certified under applicable law for the position they hold. All such personnel shall renew licenses or certifications pursuant to applicable law or rule. Copies of all current personnel licenses or certificates shall be kept on file by the Grantee and provided to the Department's Grant Manager upon request. Z. Confidentiality Pursuant to Section 985.04, Florida Statutes, all information obtained in the course of this grant agreement regarding youth in the care of the Department is confidential. AA. Certification Regarding debarment, Suspension, Ineligibility, and V oluntarv Exclusion The Grantee, by execution of this grant agreement, certifies that nether it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in the grant agreement with the Department by any federal department or agency, pursuant to 34CFR, part 85, Section 85.510. The Grantee shall notify the Department if, at any time during this grant agreement, it or its principals are debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in the grant agreement with the Department by any federal department or agency. The list of excluded entities is available at http://www.epls.gov/. AB. Grant Amendments · . , Grant #Q7001 Circuit 19, Civil Citation Equal Justice 11 1. Grants must be amended only upon execution of a formal written agreement signed by both arties and with adequate justification. Amendments are effective on the last date signed and will not be made retroactive. 2. Grantee shall obtain prior written approval from the grant manager for changes in the grant including but not limited to a. Changes in project activates; designs or research plans set forth in the approved grant b. Reallocation of budgeted expenditures or reduction in expenditures. Under no circumstances can transfer of funds increase the total approved award. c. Ten percent (10%) may be reallocated without grant manager approval within/between already approved budget categories once during a six-month period. The grant manager must be notified within (30) days in writing of the budget changes. Property All property and equipment purchased with grant funds shall be vested with the Depar1ment. All such property and equipment shall be returned to the Department at the tennination of the grant. The Department will withhold final payment to the Grantee until all property is returned. The Grantee shall comply with Section 273.02, Florida Statutes. Property purchased with grant funds above $1,000 shall be listed on an Annual Inventory Form provided by the Department. AD. Reporting Requirements The Grantee shall com Re orts Invoices Monthly Expense Re Monthly Activity Re Final Report AC. ly with the followin time period for re orting: Fre uenc Due Date Monthly 1 at of the Month Monthly 1 at of the Month Monthly 1 at of the Month Annually December 31,2007 Failure to comply with reporting requirements may result in tennination of the grant. Final payment shall be withheld pending receipt of all reports. AE. Supplanting The grantee shall not use funds provided by the Department to replace funds from other funding sources. AF. Commingle The grantee shall establish a system to provide adequate fund accountability for each project that is awarded. AG. Incorporation by Reference The Department's Request for Proposal that results in the grant agreement, the provider's proposal, grant application, and any revisions are incorporated herein by reference. IX. CAPTIONS The captions, section numbers, article numbers, title and headings appearing in this agreement are inserted only as a matter of convenience and in no way define, limit, Grant #Q7001 Circuit ]9, Civil Citation Equal Justice 11 1. Grants must be amended only upon execution of a formal written agreement signed by both arties and with adequate justification. Amendments are effective on the last date signed and will not be made retroactive. 2. Grantee shall obtain prior written approval from the grant manager for changes in the grant including but not limited to a. Changes in project activates; designs or research plans set forth in the approved grant b. Reallocation of budgeted expenditures or reduction in expenditures. Under no circumstances can transfer of funds increase the total approved award. c. Ten percent (10%) may be reallocated without grant manager approval within/between already approved budget categories once during a six-month period. The grant manager must be notified within (30) days in writing of the budget changes. Property All property and equipment purchased with grant funds shall be vested with the Department. All such property and equipment shall be returned to the Department at the termination of the grant. The Department will withhold final payment to the Grantee until all property is returned. The Grantee shall comply with Section 273.02, Florida Statutes. Property purchased with grant funds above $1,000 shall be listed on an Annual Inventory Form provided by the Department. AD. Reporting Requirements The Grantee shall com Re orts Invoices Monthly Ex ense Re ort Monthly Activity Report Final Report AC. ly with the following time period for re orting: Fre uelle Due Date Monthly 1 at of the Month Monthly lOt of the Month Monthly 1 at of the Month Annually December 31, 2007 Failure to comply with reporting requirements may result in tennination of the grant. Final payment shall be withheld pending receipt of all reports. AE. Supplanting The grantee shall not use funds provided by the Department to replace funds from other funding sources. AF. Commingle The grantee shall establish a system to provide adequate fund accountability for each project that is awarded. AG. Incorporation by Reference The Department's Request for Proposal that results in the grant agreement, the provider's proposal, grant application, and any revisions are incorporated herein by reference. IX. CAPTIONS The captions, section numbers, article numbers, title and headings appearing in this agreement are inserted only as a matter of convenience and in no way define, limit, Grant #Q7001 Circuit 19, Civil Citation Equal Justice 12 construe or describe the scope or intent of such articles or sections of this agreement, nor in any way effect this agreement and shall not be construed to create a conflict with the provisions of this agreement. X. EXHIBITS Exhibits to be included as part of this grant agreement (some of which are incorporated by reference): Exhibit 1 Grant Application Exhibit 2 Deliverables This grant agreement, which includes Exhibit 1 (grant application) and 2 (deliverables), and all attachments and exhibits named herein that are attached hereto and incorporated by reference, represents the entire agreement of the parties. Any alterations, variations, changes, modifications, or waivers of provisions of this grant agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this grant agreement, unless otherwise provided herein. IN WITNESS THEREOF, the parties hereto have caused this grant agreement to be executed by their undersigned officials as duly authorized. GRANTEE: CIRCUIT 19 COURT ADMINISTRATION GRANTOR: STATE OF FLORIDA DEP ARTMENT OF JUVENILE JUSTICE c··...',' SIGNED BY 7--,- NAME:-//', , I 1- ',' I ,I' . /I"-/-I I . (.,,'t: JUIIC\:. TITLE --' -~ f) -f iI,1 )J \', ", f- ~-- : It:. L :'.;' ',.{_j" , ,rh,''U,' Y/ ,)! j I·u' I DATE: /z-,?',;:",; SIGNED B NAME: C. Steven Casey . TITLE: Deputy secret..~ DATE: /y' ~.&> ;/ BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY Grant #Q7001 Circuit 19, Civil Citation Equal Justice 12 construe or describe the scope or intent of such articles or sections of this agreement, nor in any way effect this agreement and shall not be construed to create a conflict with the provisions of this agreement. X. EXHIBITS Exhibits to be included as part of this grant agreement (some of which are incorporated by reference): Exhibit 1 Grant Application Exhibit 2 Deliverables This grant agreement, which includes Exhibit 1 (grant application) and 2 (deliverables), and all attachments and exhibits named herein that are attached hereto and incorporated by reference, represents the entire agreement of the parties. Any alterations, variations, changes, modifications, or waivers of provisions of this grant agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this grant agreement, unless otherwise provided herein. IN WITNESS THEREOF, the parties hereto have caused this grant agreement to be executed by their undersigned officials as duly authorized. GRANTEE: CIRCUIT 19 COURT ADMINISTRATION GRANTOR: STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE ('-"---ì '- " SIGNED BY -;:'_/ NAME.'--/!·" ", j . .;" " . I fl..-(, t ..f:: 1¿¿:lLI(.. T ,--"', I . -I , . '. i- --- ITLE: I tU-r ( i. ·.{.."f It,j''I-I!·''1 ,,)!1!,fL I DATE: /1. - q c·'....· BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY , , Crant #Q7001 Circuit 19, Civil Citation Equal Justice EXHIBIT 1 GRANT APPLICATION BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY 13 · I , ) Grant #Q7001 Circuit 19, Civil Citation Equal Justice EXHIBIT 1 GRANT APPLICATION BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY 13 · . Grant #Q7001 Circuit 19, Civil Citation Equal Justice EXHIBIT 2 DELIVERABLES BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY 14 Grant #Q7001 Circuit 19, Civil Citation Equal Justice EXHIBIT 2 DELIVERABLES BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY 14 Q7001 Court Administration - 19th Circuit Civil Citation/Equal Justice Attachment 1 - January 1, 2007 through June 30, 2007 Service Units U nit Price Max. # of Total $ Amount Units Pre-Operational $2,500.00 1 $2,500.00 Program $2,500.00 6 $15,000.00 Planning/Site Recruitment Case Intake and $1,500.00 5 $7,500.00 Assessment Service Referral $1,600.00 5 $8,000.00 and Case Management Training and $2,500.00 6 $15,000.00 Technical Assistance Annual Report $2,000.00 1 $2,000.00 TOTAL $50,000.00 J(~v--- A ~ ðC4"- "~v"\...O. Ç"e. 'p .- ~,~ .7'" Fe\-. ,- ..'r~ .J? ,,-' '~-Vv~' .:.> (.."L.\, '- r> ~ ~ - .:Y'u-\('.. <': vv" 0 ~ AGENDA REQUEST ITEM NO. i..:J DATE: Sept 26. 2006 REGULAR PUBLIC HEARING CONSENT [XI TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: Tom Genung SUBJECT: Approve retroactively St. Lucie County acting as Fiscal Agent for the 19th Judicial Circuit for the purposes of an OJJDP and DJJ sponsored Delinquency Prevention and Civil Citation Grant of up to $100,000.00. BACKGROUND: The OJJDP and State of Florida DJJ are sponsoring a grant of up to $100,000.00 for Delinquency Prevention and Civil Citation Programs in 7 circuits throughout the state. The 19th Circuit partnering with the Sheriff's Offices, School Boards and community providers in the 19th Circuit have applied for the grant. The 19th Circuit seeks Board approval for St. Lucie County to act as the Fiscal Agent for the 19th Circuit for the purposes of the grant if awarded. FUNDS AVAILABLE: PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve retroactively St. Lucie County acting as Fiscal Agent for the 19th Judicial Circuit for the purposes of the Delinquency Prevention and Civil Citation Grant offered by OJJDP and DJJ. COMMISSION ACILON: [~ APPROVED [ ] OTHER CONCURRENCE: [ J DENIED Approved 5-0 C oordination/S iqnatures County Attorney: Management & Budget Other: Finance: (Check for Copy only, if applicable) j INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY and NINETEENTH JUDICIAL CIRCUIT (DJ J GRANT) l1-fIS ~GREEMENT (the" Agreement") is made and entered into this ¡:¡.. day of µàe.·.~L,./ , 2006, by and between St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"), and the Nineteenth Judicial Circuit of the State of Florida (hereinafter the "Circuit"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the Circuit has been awarded a grant from the Department of Juvenile Justice to implement the DMC Civil Citation/Equal Justice project; and, WHEREAS, the Circuit has requested that the County assist the Circuit by acting as the funding agent for this grant; and, WHEREAS, the County and the Circuit desire to enter into this Interlocal Agreement to allow the County to assist the Circuit. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 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 agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. COUNTY ASSISTANCE The County agrees to assist the Circuit by acting as its fiscal agent for the purposes of administering this grant from the Department of Juvenile Justice. 4 ,+~~~1\8ki~::~_'c ~=-l ,9-C'7 : , i !l~,-._..~'. *.~ ST. LUG:~::: C\)U;·~··: -,/ ~'ï_·~.",:;. ., ·;_......~__·___..._~....L.~, 3. TERM OF AGREEMENT This Agreement shall be effective beginning on the date written above and ending when the grant from the Department of Juvenile Justice is closed. 4. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties. Either party may terminate the Agreement with ninety (90) day's prior written notice to the other party. 5. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the Circuit: With a copy to: Honorable William L. Roby Chief Judge Nineteenth Judicial Circuit 250 NW Country Club Dr. Port St. Lucie, FL 34986 Tom Genung Court Administrator Nineteenth Judicial Circuit 250 NW Country Club Drive Port St. Lucie, FL 34986 As'to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 4 6. HEADINGS Captions and headings in this Agreement are for ease of reference only and do notconstitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 7. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 8. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 9. INV AUDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 10. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 11. AMENDMENTS The 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 12. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. NINETEENTH JUDICIAL CIRCUIT BY: tJ (&~hief Judge BOARD OF COUNTY COMMISSIONERS ~~CIE COUNTY, FLORIDA ..1: .¿ - Deputy Clerk Date: BY: FORM AND 4 01/15/2007 11:l1 772--4E,2-2135 GOURT AD1-lI H ~ ST~'~ -1 CN PAGE 02/(13 INTERAGE.NCY AGREEMENT FOR JUVENILE CIVIL CITATION - EQUAL JUSTICE PROJECT FOR CIRCUIT 19, INDIAN RIVER, MARTIN, OKEECHOBEE AND ST. LUCIE COUNTIES This <\greement is made and effective on the date signed by all parties. by and betweeTl the Chief Judge of the 19 Judicial Circuit; the State Attorney; ti)e Pubhç Defender; Depa.rtment of Juveni:e Justice, Circuit 19; the Chjef of PoHee, City of Vero Beach; the Sheriff, Indian River COU:1ty Sheriffs Office; the She,riff, Martin County Sheriff's Office; the Sheriff, Okeec,hobee County SherIffs Office; the Shcríft~ St. Lucie County She,riffs Office; and the 19th Judicia] Circuit Court Administration. WITr'ŒSSETH: WHEREAS, 'VHEREAS, \\'HEREAS, \VHEREAS, WHEREAS, \VHEREAS, there is a need in the 19th Judicial Circuit, Tndi aD River, Martin, Okcechobee and S1. Lucie Counties to divert juvenile non-serious misdem~ar.or offenders from the courts and the juvenile justice system; :?ond all parties are committed to providing appropriate programs ~md seriice5 to prevent children from becoming at risk and to intervene with children tG prevent them fr·,)m entering the juvenile justic.e system; and it is the understanding by all pa.rties that certain roles in serving children and youth are required by law, a.nd that these la\vs shall serve as the foundation for defining the role and responsibility of each participating agency; and Section 985.12, Florida Statues, provides for a juvenile civH citation program to di\'~rt non-serious juvenile ~Jffen¿ers from the CO\Jrts to a.lterna.tive sanctions, by concurrence of the Chief Judg~, of the ClrcU1t, the State Attcrney, the Public Defender, the Department of Juvctlil;~ Justice, and paIticipating local Law Enforceme)t agencies; and all pa!'ties agree that this agreement stipulates concurrence to establish and implement a jm:eni1e civil citation p:-ogram fo~ the 19th Judicia! Circuit, Indian River, Mart:n, Okeechobee and St. Lucie Counties; and all parties nmtually agree that aJI obJigations stated or implied in this agreement shall be interpreted in light of, and consistent ,..!~th governing state and federal taì~,rs; 01/15/2087 11: ~1 77:;:-4¡;2-213~j COURT AU~HESTF:AìIor~ PAGE 03/03 ~uw THEREFORE in consideration of the following agreements. the parties do hereby co\'er];lnt and agree to th~ following: EACH OF THE PARTIES AGREES TO: 1. Promote a coordinated effort among agençjes and staff to achieve maximum public safelY with the goal of reducìngjuveni1e crime. 2. P<l11icipate in a review ånd evaluation ofthis juvenile CÍvi: citation program. 3. Make recommendations for program improvement, whe.o appropriate. ~. Assign staff, as applOpriate, to participate with the civil citation prcg!'à.111. 5. Develop internal policies and c,ooperative procedures, as needed, to implement this agreement to the maximum extent possible. 6. Uphold the Department's Imtiative 'to reduçe the Disproportionate. Minority Cor-tact within Circuit 19. THE STATE ATTORNEY, 19"1\ JUDICIAL CIRCUIT, AGREES TO: 1. Serve as an active participant on the Equal .Tu56ce Steering Committee: or appoint a staff member to participate as an alternative :11ember. 2. Participate in the review and evaluation úfthe civil citatio)'l program. 3. Provide technical assistance to all parties to ensure the civil citaticn program complies with state í1.nd fede.ralla~'s. 4. Uphold the Department's Initiative to reduce the D~sproportíoJ1ate Minority Contact within Circllit 19, THE PUBLIC DE-FENDER, 19th JUDICIAL CIRCUIT, AGREES 10: 1. Sefv~ as aD a.çtivc partiçipant on the EquaJ Justice Steering Committee, or appoint a staff member to particjpate as an alternative member. 2. Participate in the review and evaluation of the civil citation prügram. 3. Provlde technÙ:al assistanc.e to all parties to ensure the c:vil citation progl'~m compliG:s with state and federal Ja\v$. 4. Uphold the Department's Initi(!tív~ to reduce the Disproport.\otl3te Minority Contact wi thin Ci rCllit 19- 19th Judicial CircUlt Juvenie Civil CitatiQn Program Agrçcmcnt Page 2 of 8 01/15/:807 11:11 ì7:2-4b2-2l.35 <:;:]URT A[ir'·ŒÜ::, TP~n C~,¡ F?1GE [jC:;' O~, THE DEPARTIVrENT OJ? JliVENILE JUSTICE CIRCUIT 19, AGREES TO: 1. Serve as an active particip::nt on the Equal Justice Steering Committee, Or apPQint (i staff member to participate as an alternative member. 2. Participate in. the reviei;<,r 30d evaluatior of the civiJ citatjon p:'cglam. 3. Provide technical assistance to all parties to ensure the civil citation program complies with state and federal Jaws. 4. Uphold the Department's Initiative to r~ducc the DjsprQPortjotjat~ ivfinority Contact wi thin Circuit ] 9. THE CITY OF VERO BEACH POLICE: DEP ARTME8T AGREES TO: 1. Serve as an active participant on the Equal Justice Steering Committee, or appoint a 5t&t1 membe( te, participate a.s an a1tcrnative member. 2. Participate in the review and evaluation of the civil citation progmm. 3. Provide technical assistance to all partlcs to ensure the civil ç:.tation program com;:tIÌ<:s with state, and federal laws 4. Obtain a record check 011 a juvenile candidate for the civil citation program bcfor~ a citation js issued. 5. Develop ilJt~maJ procedures for prompt. effici~nt hand1ing of civil citzLon d()çumentation arId complaints. as appropr1ate 6. Prepare and make available to the civil dtatjon program a complaint \"ith probable calISe for each civil citatIOn issued. The complaint may identify a set number of c,ommunity services hours and wiìl contaìn th~ sentence "The juvenile \vi]) comply ,,'ith any additiona1 sanctions ordered by the c.ivil citation program and/or its nO!1~udicial program partners", 7. Distdbute the neces~ary civil citation copies, as required. 8, t:pho!d the Depa.rtment's Initiative to reduce the Dispropc.rtionate ~iinority Contact within Circuit 19. THE INDIAN RIVER COUNTY SHERIFF'S OFFICE AGREES TO: 1. Serve as an ac~íve participant on the Equal Justice Steeri:1g Committee, or app·);nt a staff me;mbe: to participate as an aJtemativc me:TJber. 2. P3-Ttlc;pare in the review and evaluation of the civil citation program. 19th Judicial Circuit Juvenile Civil Citation Program Agreement Page 3 of::; Øl!1~!2007 11:_1 (' 7~>·4b:2-2l35 I~:OU~::T 4!:AllH :::;¡ roI.\ : 1 '_'tl t-'A'jb~ L1.J/ i.;..".-;I 3. ProvIde techniçal assistance to a11 parties to ensure the civil dtati::m program cÛlr.rlie:-; with state and federal ];1'.','5. 4. Ohtain a record check on a juveniIe candidate for th~ civil citatìon progra~n befç.re a cÎ\atic)TI is issued. 5. DevelQP intemaJ pr.)cedures for prompt, cff¡cì~nt handling of civil citatton documentation and complaints, as appropriate, 6. Prepare and make avai!ab~e to tbe cÌ\;í! citation .;:m:gram a çonrplai:1i "v-jth prCibab1c cause for each civil citation lssued. The compJaint may identlfy- a set number Qf c(mm..mity service hours and win contain the sentence "The juv{'nÎlc '.vm comply v.ith any ~dditiona! sanctions orde;,ed by the clvil dtation program i;ì;]dJor its non-judiciaJ program ;;artnen:". 7. DistriJute the necessary civ¡] citation copies, as reqmred. 8. Uphold the Department's Initiative to reduce the DispH.1portionatcMi'Joríty Con':ac\ withm Cirçuit 19. THE MARrIN COUNTY SHERIF,F'S OFFICE AGREES TO: 1. Serve as an active pariicipant on the Eq'.laJ .,Tustíce Steering C()mIflíttcc~ or appoi':'lt a staff member to participate as an alternative member. 2. Participate in the review <'ind evaluation 1)[ the civi: citation program 3. Provide technical assit:tance to all parties to ensulC the civj] citation progr,~m compli~~ with state and fedt:ral hws. 4. ObtajrJ a record. check Ofl a jm'2nHe. candidate for the cìvi] citation program before ;~¡ citation is isme,d. 5. Dei-Ida}.) internal procedures for p:-ornpt, cffci ent handling of civil cítation documentation ane complaints, as appropriate. 6. Prepare and mÚe available to t.he civil cltaticm program a complaint with probable causç fer each civil citation issued. The complaiTit r:1ay identity Ii set number of community s(".fviçe hours 2nd will contain the sentence "The juvenile win ccmply with at)' additional sanctions ordered by the civil citati.on prograr:J and/or Ìt3 nçlo.~j'Udicia1 program p~rtners'. 7. Distrihute the necessary civil citation cQpies~ as required. 8. Uphold tbe Department's Initiative to reduce the Disproportionate Minority Coniact within Circuit 19. 19~ Judicial CircuÍT, Juvenje Civil Citatic·n Program Agreemmt Page 4 0 f 8 01¡15(20~7 11::1 772-452-21 :;:!5 COURT ADMINISTR~~lU~ P,:::,t3E .]I~,/ ()3 THE OKEECHOBEE COUNTY SHERlFPS OFFICE AGREES TO: 1. Serve as a.n active participant OT: the EquaJ J1.!st)ce Steerhg Committee, or appoint a staff member to participate as an alternativc member. 2. Participate in the Ie-VIew and evaluation of the civil citation program, 3. Provide tcçhnical assi$1ance tc all parties to ensure the civil citation program complies \)"ith state and federal Jaws. 4. Obtain a record check on a juvenik candidate for the clvil citation program before a c,itatioo is issued. 5. Develop intema] procedures for prompt, efficient h¡lndliDg of civil citation documentation, and complaints. as appropriate, 6. Prepare and make available to the civil dtation program a complaint wi',h probable ca.use for each ciYJI citation issued. The complaint 1Jl3y íder.tify a set number of community service hours and will contain the sentence "The juvenile ~'iJI comply \<"ith any additional sanct)(llls ordered by the civil citat:on program and/or its JJon-judk.ial program partnçrs", Î. Djstributc the necessary civjj citation copies, as required 8. Upheld the Departmen~'s Initiative to reduce the Dispropodonate Minority Contí1.ct y,:itbin. Circuit 19. THE 51. LUCIE COt'NTY SHERIFF'S OFFICE AGREES TO; 1. Serve as 'in active participant on tbe Equal Jus6ce Steering Committee, or appoint a staff member to participate as an alternative memoer. 2. Partic::ipate in the n:yiew and evaluation c.f the civil ci.ta~ion program. 3. Provide tech:J.Jcal assistaoce to all parties to ensure the chjl c~tatior_ program çomplies with state and federal1a\\·s. :C Obtain a record check ot'! a juvenile candíèate [or the civil citation program before a ç.tation is issued, 5. Develop i::1t~'tllal procedures for prot'npt, e,fficie:nt hanáìing or ci"i] citation documentatíoI1 ~nd complaints, as appropria1;e. 6. P:~pare and make available to the civil citation program a comp!amt with p~obable çau~e f(lt each civil citation issued, The cOTTlplaìnt may ídentify a set number of commuI11ty 19Th Judicial Circuit Juveni1e Civil Citation Program /\grcement Page 5 of 8 01/15/:007 11::1 772-4¡;2-2~ 'j':) r:.:OURT A[;fvlIH:STR~TIOt,¡ F'A(£ 0 i i O:J service hours and will contain the sentence "The: juveník will comply with any 2dditiorral sanctions ordered by th~ civil citation program and/or its non-judicial program partn~rs" 7. Distribute the necessary civH cítation copies, as required. 8. Uphold the De;>artment's Initiative to reduce the Disproportionatc Minority Contact within Circuit 19. THE 19TH JUDICIAL CIRCUIT OFFICE OF THE COURT ADMI':\l~STRATOR AGREES TO: J. Provide Traini:1g and TechT11caJ Assistance for Law Enforcement Ag~~llçics in specified circ.uit(s) on how and when to use the civil citation program arId to rai5e aw:uencss of cultural barrieT5 for making referrals to the civil citation program; as outlined in F.S 985.301 2. Serve as an active participant on the Equal Justice Steering Committee, or a?point a staff member to participate as an alternative member. 3. Serve 2.S a liaison between Law Enforcement and Runaway Shelter(s) to provide altematives for youth who would otherwise be rcf';1Tcd to the Department for minor domestic violence related charges. 4. Serve as a liaison bttwMn the judiciary, the: juvenile justice system,. county programs and services. the Public Defender's Office, State Attorney's Office and the (,Omlr:~.lnity at large to help enhance the delivery of services to aHisk youth. 5, Compile and maintain a comprehensivc list of refct1'al resources for famj]íes and youth with subs:a.nce abuse, me:JJtal hea.lth, and behavioral problems. 6. Routinely help recruit civil citatiofl sites for youth It) need of intervention, prevention, and diversion services, 7. Uphold the Depamnenfs Mission to "Protect the public by r~ducil1g juvenile crime a/jd delinquençy, J/ 8. UpJ;oJd the Department's Initia.tive to reduce t]1e DisproPQrtionate Ivf1nority Contact within Circ,uit 19, MODIFrCA TION OF AGREEMENT: M<.)dification of this agreement shall be made only by the consent or aJl parties. Stich modifications $ha11 be maåe with the same fŒI!1aIities as were followed b the onginal agreement and shall include a written document setting forth the modification, signtd by all parties. If any party does not ;¡,grec to a proposed modification, that party may withdraw f[ç·m this agreement v,ii Ih 30 days notice. 191h Judicial Círcuit Juvenile Civil CitatiQn P~ogn.m Agre~m~nt Page 6of8 01/15:~Oü7 11::1 77~:-<4E,2-2: 3':; CIJUF' r ADMI~¡ISTF',~ TIC~,1 PAGE 08/[:3 PROGRAM REVIE'" AND EVALUATION: Represe11tatives from the City of Vero Beaçh Police Departmen.t, Indian River County Sheriffs Office, Martb County Sheriff's Office, OkeechQbee County Sheriff~ Oftice, St Ll1Çie County Sheriffs OffJce, 19th Judicial Circuit Oftice of the Court Administrator, and from the Department of Juveoile Justice shall review the civil citation program for effectiveness, timcIinc,ss, and cost each year. The findings shall be jointly prepared, \vith recomrnend~d changes as appropriate. and submitted to the Equal Justice Steering Committee Review of the program may b~ n:qucste:d at any otheó tíme by any of the signatory agency heads by written notification of request to the other agency head~. The request shan I1st th.e reason for the request and state whether the enttre prog:am, Qr only specific jtem(s)~ be reviewed. If any party to this agrcement~ after review~ no longer concurs "With tÌ1c program. conC,Urfer1l:e may be withdrawrl with 30 days notice. !///uZS:c ChjefJ~dge. 19'" JUdtaJ Circuit ~ - )L__ State Attorne}'.. 19t Judicia ircuit -.-........ /' --, I' ,''\ ~ /} 7 11 I ~' ',f \ ''-~Jj),1Im' '.4 I <¡~ _:.~~ ~ _ fl\~LI(/t{.Î Pubhc D~fender. 19i1Î Judi"ial Circtit J ///~- Date ~- Date i ,_JJlk./Û y/ Datt I fL-L ~¡-~ ëhiefProbation Officer ~. Department of Juvenile Justice, Circuit ¡ 9 /~~~ Rtgiona , irector Department of Juvenile Justice It/.,/Cf- --- --. Date / it ft; Date (0, ??1/ì -6-\c::. _ L ~ Chid of Police, City ofVC'ío . / '7 ,.., /' /,/ - ,,<. &- C·J tC:s -~--!...-._---------_._- Date ì 9th Judjci.al Circuit Juvenile Civil Citation Program Agreement Page 7 of 8 · 01/15/2087 11::1 772--452-2135 '=:OURT AD~lIHISTR':)'7I;Jt¡ c~~.- C:~ j, . Sheriff, Indianr~Jver Co~ Sh6rìff's Office " , \\/~!J~ Date I I r ~ 4D- ,/ ~-' ~~ ,,1 ~~ Sheriff: Martin CountySheriff's omce I l / ~~/t!J~ Date / /~.1,1. (. Date Sheriff,Okeecho ce County Shedff's Office /./ ~- Sheriff, S(LUC~ ounty Sheriffs Office ..-....'*/'" ..... ~ - --- , ~- C "7? J" ,~ ",- Còurt Administrator, 191h Judicia! Cice it _&~! 7~ Date II i;fç{j; Date r I 19th Judichl Circuit Juvenile Civil Citation Program Agreement Page 8 of 8 PAGE 09/09 ....----- ITEM NO. c.. - \.;L - . .... .... -> . " <Ii." .'". -. : .... ...\;....._..:..".:_,,;:'.... '.. ,:_,.L";j ":. -""~',,.. .,....., r':' . . . . - ~ . .. ..--.. DATE: Jan. 23. 2007 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~~:e &W( Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff requests approval of Change Order #4 with Danella Companies. Inc. for construction services related to the Midway Road Water Main Extension project for an extension of 154 days to the contract. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners approved Contract #C05-03-211 between Danella Companies, Inc. and St. Lucie County in March 2005. RECOMMENDATION: Staff recommends that the Board Change Order #4 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project for an extension of 154 days to the contract. COMMISSION ACTION: ~ APPROVED 0 DENIED o OTHER: Approved 5-0 Review and Approvals ~unty Atlomey: ~ 0 Management and Budget: Lr~inating Dept: g¡q) . 0 Other: o Finance: (Check for copy only, If applicable): o Purchasing: o Other: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Laurie Case, Utility Director ~ January 23, 2007 TO: DATE: RE: Change Order #4 - Danella Companies, Inc. BACKGROUND: This Change Order #4 is for the extension of 154 days to the contract for necessary work required by permitting and governmental requirements unaccounted for at the time of the contract. The additional time is required for the completion of work under Change Order #3 due to delays associated with the procurement of required water for chlorination and to insure that adequate time is included for certified as-builts to be verified, completed, and submitted. The existing 12" water main had been built by a previous contractor but not chlorinated and cleared for service by FDEP. This section of 12" water main extends from Okeechobee Road (SR 70) south along Gordy Road where Danella Inc. connected the two sections of 12" water mains within the Landfill property. RECOMMENDATION: Staff recommends that the Board approve Change Order #4 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project for an extension of 154 days to the contract. CHANGE ORDER ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: (name, address) St. Lucie County Midway Road WM Extension INITIATION DATE: 4 12/15/2006 CONSULTANT'S PROJECT NO.: TO (Contractor): Danella Companies, Inc. 1001 W. Cypress Creek Road, Suite 300 Ft. Lauderdale, FL 33309 ST. LUCIE COUNTY CONTRACT NO: CO-5-03-211 CONTRACT DATE You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A, B & C- Yes No) The additional time is required for the completion of work under Change Order No.3 due to delays associated with the procurement of required water for chlorination, and to Insure that adequate time is included for certified as-builts to be verified, completed, and submitted. The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: 12/16/2005 $ $ $ 1,649,928.00 238,256.72 1,888,184.72 $ 1,888,184.72 154 February 13, 2007 Funds Available: Account Number 479-3600-563000-3634 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications, Recommended: Approved: Masteller & Moler, Inc. Architect/Engineer 1655 27th Street, Suite 2, Vero Beach FL 32960 Address _ 4{f{Ofùfø(jír:tft~ Jz..II'P('C~ By Dat~ Agreed To: Danella Companies, Inc. Contractor S1. Lucie County Utilities S1. Lucie County Department 2300 Virginia Avenue, F1. Pierce, FL 34982 Address By: Laurie Case, Utifity Director Authorized S1. Lucie County:2300 Virginia Ave., F1. Pierce, FL 34982 /¿ Date .~G By Date Approved as to Form and Correctness: County Attorney " ~' ITEM NO. c-'\.3 DATE: 2/23/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: ø · TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro, Solid Waste Director SUBJECT: Staff request approval of COM proposal for professional engineering services to assist St. Lucie County staff with their continuing effort in the procurement/implementation activities for Plasma Arc Gasification technology at the St. Lucie County Baling and Recycling Facility for a lump sum of $250,000. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410- 531000-3923 Plasma Arc Process/Professional Services PREVIOUS ACTION: February 28, 2006 - Board approved COM proposal for professional engineering services relating to the Plasma Arc Gasification project for a lump sum of $200,000. RECOMMENDATION: Staff recommends approval of COM proposal for professional engineering services to assist St. Lucie County staff with their continuing effort in the procurement/implementation activities for Plasma Arc Gasification technology at the St. Lucie County Baling and Recycling Facility for a lump sum of $250,000. ( ) APPROVED X ) OTHER ( ) DENIED COMMISSION ACTION: C13 Pulled prior to meeting. o NDERSON COUNTY ADMINISTRATOR County Attorney (X) Originating Dept. ( ) ')i}I M 0'[ M v Coord ination/Sianatures Mgt. & Budget (X) ~ f11/11j Other ( ) Purchasing (,Q # Other ( ) Finance: (check for copy, only if applicable)_ PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro Solid Waste Director e DATE: January 17, 2007 RE: Plasma Arc Gasification COM Proposal In February 2006 the Board approved a proposal from COM to assist St. Lucie County with investigating the Plasma Arc Gasification process and the possibility of bringing this technology to St. Lucie County. This new proposal with COM is for continuing engineering services related to the procurement/implementation for Plasma Arc Gasification technology. This proposal is for a lump sum of $250,000. LJC:dls , ST. LUCIE COUNTY SOLID WASTE MANAGEMENT AGREEMENT FOR PROFESSIONAL SERVICES I. PROTECT DESCRIPTION Engineering services to assist SLC with continued assistance with plasma arc technology implementation/ review. II. SCOPE OF SERVICES Reference is made to the attached Scope of Work and the "Agreement for Professional Services" dated April 11, 2000. III. CONSULTING ENGINEER INSURANCE REQUIREMENTS A. Professional Liability Insurance with limits of liability no less than one million dollars ($1,000,000) per occurrence. B. Worker's Compensation Insurance in accordance with Florida Statutes. C. Employer's Liability with minimum limits of one hundred thousand dollars ($100,000) each accident. D. Comprehensive General Liability with a minimum limit of five hundred thousand dollars ($500,000) combined single limit for Bodily Injury and Property Damage. IV. COMPENSATION FOR SERVICES Compensation for services shall be as follows in accordance with the "Agreement for Professional Services" dated April 11, 2000. TASK FEE/TYPE Plasma Arc Technology Engineering Assistance $250,000 (Lump Sum) B-1 jb1056 AU Adoc WITNESS: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESS: CAMP DRESSER & McKEE INC. 4·~ B-2 jb1 056 AU A,doc ATT ACHMENT A SCOPE OF WORK ST. LUCIE COUNTY BALING AND RECYCLING FACILITY PLASMA ARC TECHNOLOGY ENGINEERING ASSISTANCE BACKGROUND The St. Lucie County (SLC) Baling and Recycling Facility receives solid waste from the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village, and unincorporated St. Lucie County. Class I solid waste is routed through the baling and recycling facility. Construction and demolition (C&D) debris is processes through the C&D processing facility. Yard waste is mulched and hauled off-site. Recent solid waste projections performed with new population growth estimates indicate that approximately 30 years of life remain at the existing landfill site on Glades Cut-Off Road. Purchase of future landfill property should be initiated in the next 5 years. New technology has emerged utilizing plasma arc technology to reduce management of solid waste. Preliminary investigations indicate that markets for power generation, steam, hydrogen, and aggregate may be realized with the incorporation of this technology. The result may be the reduced need or elimination of a landfill and/ or delayed purchase of future landfill property. Camp Dresser & Mckee Ine. (CDM) was authorized in February 2006 to provide engineering services to investigate plasma arc technology including site visits and procurement activities. Additionally, CDM was requested to review SLC financial obligations associated with proposed mining of solid waste landfill(s) and potential environmental impacts forecast for the proposed facilities including air emissions, ete. SCOPE OF SERVICES CDM proposes to continue to perform the following engineering services as necessary in the procurement and implementation of the proposed facilities. Contract Negotiations CDM will continue to assist SLC staff with contract negotiations and negotiation efforts associated with the proposed project including Letter of Intent, Developer's Agreement, Ground Lease, etc. CDM will attend meetings with project team and provide timely review and comment of work products. SLC Financial Analysis CDM will meet with SLC staff to review existing operations and extrapolate projected requirements with implementation of the proposed facility. This analysis will include proposed mining activities, estimated processing fees, and other factors to determine whether the existing tipping fees will be adequate to fund the solid waste management system in the future. A-1 jb1056 Att Adoc T echnologyÆmissions Analysis CDM will review, comment and prepare questions regarding the proposed plasma arc gasification plan including process systems, emissions, tipping area requirements, etc. CDM will be required to work closely with the proposed vendor to obtain the necessary information to evaluate the process and anticipated equipment. Workshops CDM will prepare for and attend workshops required in the procurement/ implementation of the proposed project. Experts in various fields will be required to review and discuss the project at workshops. Services will include travel associated with the efforts involved. Public Participation/Presentations CDM will assist SLC and vendor staff with public presentations/ participation as requested by SLC staff. This may include SLC Environmental Advisory Board, Treasure Coast Builders, Chamber of Commerce, etc. group meetings SCHEDULE Engineering services will be performed on an as needed basis and/ or as requested by SLC. A-2 jb1056 AU A.dac --..-... liTEM NO. ILlIt DATE: 1/23/07 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 an Invitation to Bid (ITB) for the Purchase of a Data Voice Communication System for the new Clerk of the Court Building. BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: 317-1930-562000-16012 Building Construction New Clerk of Court Building PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval to advertise an Invitation to Bid (ITB) for the Purchase of a Data Voice Communication System for the new Clerk of the Court Building. (~ APPROVED ( ) OTHER ( ) DENIED Approved 5-0 COMMISSION ACTION: County Attorney (X) .~ á"" ():jI)1 Info Tech. (X) a ) Other ( ) Coordination/Sianatures Mgt. & Budget (X) (l::O h1~ Purchasing (X~ / Other ( ) Finance: (check for copy, only if applicable)_ \ ; ;;: PURCHASING DEPARTMENT MEMORANDUM _, __ _._______..._.~. _.,. .0" ,__.'".._,,__ - - ---- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing DirectoØ-- DATE: January 16, 2007 RE: Permission to advertise an Invitation to Bid (ITB) for the Purchase of a Data Voice Communication System for the new Clerk of the Court Building. Backaround: The St. Lucie County Information Technology Department was tasked to oversee the design and development of the Clerk of Court Building (201 South Indian Dr.) voice and data systems. The design specifications listed in the Request for Quote were developed with the assistance of the Predidio Corporation. This design for the structured cabling system will not only satisfy current voice/data requirements for the Clerk, but will meet the needs of this facility for the foreseeable future. The estimated cost associated with this project is $81,000.00 and will be funded by Central Services Building Fund. Recommendation: Staff requests Board approval to advertise an Invitation to Bid (ITB) for the Purchase of a Data Voice Communication System for the new Clerk of the Court Building. NA/jc \ ;>. , INFORMATION TECHNOLOGY MEMORANDUM To: Neil Appel, Purchasing Director From: Nicholas Halliday, Information Technology Manager Date: January 17, 2007 Subject: New Clerk of Court Building - Structured Cabling System The St. Lucie County Information Technology Department was tasked to oversee the design and development of the Clerk of Court Building (201 South Indian Dr.) voice and data systems. The design specifications listed in the Request for Quote were developed with the assistance of the Predidio Corporation. This design for the structured cabling system will not only satisfy current voice/data requirements for the Clerk, but will meet the needs of this facility for the foreseeable future. The estimated cost associated with this project is $81,000.00 and will be funded by Central Services Building Fund. Let me know if you have any questions or need additional information. Attachments CC: Dennis Wetzel Kevin Sweeny Roger Shinn ITEM NO. J4ß DATE: 1/23/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasinq Director SUBJECT: Approval to Piggyback the Marion County Board of County Commissioners Contract #04B- 077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application WITH Florida Highway Products, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: 101002-41122-546200-42003. PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to piggyback the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products Inc., and authorization for the Chairman to sign the Contract prepared by the County Attorney. COMMISSION ACTION: (~ APPROVED () DENIED ( ) OTHER Do gl M. Anderson County Administrator Coordi nation/SiQnatures County Attorney (X) ~ Mgt. & Budget ( ) Road and Bridge (X ~her ( J Finance: (check for copy, only if applicable)_ Purchasing (X)~ Other ( ) , PURCHASING DEPARTMENT MEMORANDUM .n~_~ _ _on ,__ TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Directo~ DATE: January 1 ih, 2007 RE: Approval to Piggyback the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products, Inc. Backaround: Numerous dirt roads throughout the County have been resurfaced using surface millings from prior road work. Millings are ground up asphalt that was removed when resurfacing a roadway. The millings program was an experimental process that proved successful in most cases, but could only be placed on dirt roads that had drainage. This was done to provide a better road surface for a fraction of the cost. Unfortunately, some of these roads have not held up. Currently, the millings material is impossible to get because contractors have realized its potential and refuse to sell it. In addition, we cannot overlay these roads with regular asphalt because Department of Environmental Protection (DEP) will not allow it. However, DEP will allow the chip-seal process for milled and dirt roads. This is more cost efficient method to use rather than having to remove the millings surface and build a new asphalt roadway that also includes subsurface strata. DEP favors the chip seal method because it keeps the dust issue at bay and this is especially important when we have a drought situation, where we are receiving calls on a daily basis concerning this issue. Since asphalt millings are no longer available to us to place on dirt roads to provide a hard surface, chip sealing has become the most viable option. Resurfacing these roads with asphalt would entail paying to create and submit plans, obtain permits, bid the construction, etc and would cost the County approximately $1,000,000 per mile to do. This is not cost effective for the County when compared to what can be accomplished by utilizing the chip sealing method. This reduction in cost will also allow us to resurface more miles of road than would be available to us if we used traditional methods of resurfacing. Recommendation: Staff recommends Board approval to piggyback the Marion County Board of County Commissioners Contract #04B-077; Chip Seal-CRS-2 and Granite Mixture Purchase and Application with Florida Highway Products Inc., and authorization for the Chairman to sign the Contract prepared by the County Attorney. NAljc .....-. AGENDA REOUEST ITEM NO: C-15 DATE: January 23, 2007 Regular[ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Beth Ryder, Director ø. SUBJECT: Approval ofthe First Amendment to Grant Agreement C05-06-273, with Exchange Gub Center for Prevention of Child Abuse of the Treasure Coast, Inc., to increase the grant amount to Six hundred seventy-nine thousand nine hundred eighty-three and 00/100 dollars ($679,983.00» and extend the contract to September 30, 2008. BACKGROUND: On January 17,2006, the Board approved submission of an application with the U.S. Department of Justice, Violence Against Women Office for the Safe Havens: Supervised Visitation and Safe Exchange Program (Supervised Visitation Program). Budget Resolution #06-336 was approved by the Board on November 14, 2006. (See attached Memo 07-114, Memo 06-63 and Budget Resolution 06-336) FUNDS AVAIL: 001164-6420-534000-600 (Other Contractual Services) PREVIOUS ACTION: Since FFY2002, St. Lucie County, on behalf of the Exchange Club Castle, has applied to and been awarded from the U.S. Department of Justice Violence Against Women Office (VA WO) a grant under the Safe Havens: Supervised Visitation and Safe Exchange Program (Supervised Visitation Program). RECOMMENDATION: Staff recommends the Board of County Commissioners approve the First Amendment and authorize the Chair to sign aD necessary documents. COMMISSION ACTION: [_fAPPROVED [] DENIED [ ] OTHER Approved 5-0 County Attorney: x~ Originating Department: x ø ¿ Management & Budget x Other: Other. Finance: x Check for copy only, if applicable COMMUNITY SERVICES MEMORANDUM #07- 114 FROM: Board of County Commissioners /?;'12- Beth Ryder, Community Services Director ;;>' TO: SUBJECT: Approval of the First Amendment to Grant Agreement C05-06- 273, with Exchange Club Center for Prevention of Child Abuse of the Treasure Coast, Inc., to increase the grant amount to Six hundred seventy-nine thousand nine hundred eighty-three and 00/100 dollars ($679,983.00» and extend the contract to September 30, 2008. DATE: January 23, 2007 On January 17, 2006, the Board approved submission of an application with the U.S. Department of Justice, Violence Against Women Office for the Safe Havens: Supervised Visitation and Safe Exchange Program (Supervised Visitation Program). Budget Resolution #06-336 was approved by the Board on November 14,2006. (See attached Memo 07-114, Memo 06-63 and Budget Resolution 06-336) Recommendation: Staff recommends the Board of County Commissioners approve the First Amendment and authorize the Chair to sign all necessary documents. COMMUNITY SERVICES MEMORANDUM #06-63 TO: Board of County Commissioners FROM: SUBJECT: Beth Ryder, Community Services Director Approval to apply to the U.S. Department of Justice Violence Against Women Office (VAWO) for a grant under the Safe Havens: Supervised Visitation and Safe Exchange Program (Supervised Visitation Program) for FY 06-08 on behalf of Exchange Club Castle Grant. DATE: January 17, 2006 Since FFY2002, St. Lucie County, on behalf of the Exchange Club Castle, has applied to and been awarded from the U.S. Department of Justice Violence Against Women Office (VAWO) a grant under the Safe Havens: Supervised Visitation and Safe Exchange Program (Supervised Visitation Program). In order to apply for the funds under the above grant, the applicant must be a unit of local government. The Exchange Club Castle will write and administer the grant. There is no local match requirement. STAFF RECOMMENDATION: Staff recommends approval of the submission of the grant application, authorization to accept the grant and authorization for the Chairman to sign all documents necessary to execute the application, accept the grant and execute the contract with Exchange Club Castle. RESOLUTION NO. 06-336 WHEREAS, subsequent to the adoption of the S1. Lucie Coun1y Board of County Commissioners budgei for St. Lucie County. certain funds not anticipated at the time of adoption of the budget have become available from the United States Department of Justice Violence Against Women Office (VAWO) grant under the Safe Havens: Supervised Visitation and Safe Exchange Program (Supervised Visitation Program). 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 St. Lucie County, Florida, in meeting assembkd this 14d\ day of November 2006, 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 amcnded as follows: REVENUES 001164-6420-331210-600 APPROPRIATIONS 001164-6420-534000-600 USOOJ Violence Against Women Grant $365,619 Other Contractual Services $365,619 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner Joseph E Smith AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED THIS 14TH DAY OF NOVEMBER 2006. ATTEST: ~5¿~' V,,".'"" \.."J.-....~.... '\.- ~', ~ . ; .... l'" .. FIRST AMENDMENT TO GRANT AGREEMENT (C05-06-273) THIS AGREEMENT, made this day of 2006, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and EXCHANGE CLUB CENTER FOR THE PREVENTION OF CHILD ABUSE OF THE TREASURE COAST, INC, or its successors, executors, administrators, and assigns hereinafter called the recipient: WITNESSETH: WHEREAS, on June 14,2005, the parties entered into an agreement to disperse to the Recipient grant funds in an amount not to exceed three hundred forty thousand and 00/1 00 dollars pursuant to the FY200412005 42 U.S.C Section 1401a Grant Agreement (DOJ Project Number 2004-CW-AX-0022), between the United States Department of Justice Programs, Violence Against Women Office, for the "Safe Havens: Supervised Visitation and Safe Exchange Grant Program, hereinafter referred to as the "DOJ Contract", and incorporated herein by reference, WHEREAS, the Agreement provided for the Project Period to be October 1, 2004 through and including September 30, 2006, and WHEREAS, the United States Department of Justice Programs, Violence Against Women Office has approved additional funding for this grant in the amount of three hundred forty nine thousand nine hundred eighty-three and 00/100 dollars ($349,983.00) and extended the Project Period through and including September 30, 2008, IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. Paragraph 1 of the Agreement is hereby amended to read as follows: 1. The County shall disperse to the Recipient subgrant in the amount of six hundred seventy-nine thousand seven hundred eighty-three and 00/100 dollars ($679,983.00) pursuant to the FY200412005 42 U.S.C Section 1401a Grant Agreement (DOJ Project Number 2004-CW-AX-0022), between the United States Department ofJustice Programs, Violence Against Women Office, for the "Safe Havens: Supervised Visitation and Safe Exchange Grant Program, hereinafter referred to as the "Grant Agreement", The parties hereby acknowledge and agree that the total amount of the award to the County is sis hundred ninety-nine thousand nine hundred eighty-three and 00/100 dollars of which twenty thousand and 00/100 dollars ($20,000.00) shall be retained by the County for administration of the grant. The Grantee shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of the Grant Agreement and this Agreement. 2. Paragraph 2 of the Agreement is hereby amended to read as follows: , , The grant shall be used only for "Safe Havens: Supervised Visitation and Safe Exchange Grant Program", as set for in the Grant Agreement and the Grant Application, incorporated herein by reference. The Grantee shall comply with the Special Conditions attached hereto and incorporated herein as "Exhibit A". The Project period shall be October 1, 2004 through and including September 30, 2008. WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: EXCHANGE CLUB CENTER FOR THE PREVENTION OF CHILD ABUSE OF THE TREASURE COAST, INC. BY: SECRETARY PRESIDENT (SEAL) \ AGENDA REQUEST ITEM NO. C16 DATE: January 23, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] SUBMITTED BY (DEPT):Administration TO: Board of County Commissioners SUBJECT: Florida Ports Council Public Relations Assessment 2006/2007 BACKGROUND: See attached memorandum FUNDS AVAILABLE: 140001-4310-554000-400 PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends the Board authorize staff to pay the Public Relations Assessment 2006/2007 to Florida Ports Council in the amount of $5,000. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] DENIED [] OTHER: Approved 5-0 Douglas derson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: (Check for Copy only, if applicable) Management & Budget: _ Purchasing: Other: Other: Effective: 5/96 to -- TO: COUNTY ADMINISTRATION MEMORANDUM 07-06 Board of County Com FROM: Douglas M. Anderson DATE: January 23, 2007 RE: Florida Ports Council - Public Relations Assessment 2006/2007 BACKGROUND Attached is a Public Relations Assessment for Florida's 14 deepwater ports approved by the Florida Ports Council on December 8,2006. The Port of Fort Pierce's share is $5,000. Funds are available in Account No. 140001-4310-554000-400. Attached is a Port of Fort Pierce project sheet. At this point, the County has $1,372,000 in approved and funded Florida Seaport Transportation and Economic Development (FSTED) projects and an additional $2,544,000 in FSTED approved projects but not funded at this time. John LaCapra of the Florida Ports Council has contacted me about going to Tallahassee the later part of February to meet with Florida Department of Transportation officials and legislators regarding these funding requests. RECOMMENDA TlON Staff recommends the Board authorize staff to pay the Public Relations Assessment 2006/2007 to Florida Ports Council in the amount of $5,000. ¡. , . ~t Florida Ports V/"c 0 U N elL 502 East Jefferson Street, Tallahassee, Florida 32301 Telephone: (850) 222-8028 Fax: (850) 222-7552 www.tlaports.org - E-Mail: info@tlaports.org MEMORANDUM DATE: December 13,2006 TO: FLORIDA PORT DIRECTORS FROM: John R. LaCapra SUBJECT: Public Relations Assessment Attached please find an invoice for your port's 2006/2007 Public Relations Assessment which was approved by the Florida Ports Council on Friday, December 8, 2006. Please note, although the invoice states "Due Upon Receipt," we realize this may not be possible. Please advise our office of any special issues you may have related to this payment. Thank you. JRL/cg Attachments '-'e-",,,_.,..,.__.__<_ Canaveral Port Authority Port Everglades Port of Fernandina Port of Fort Pierc~! ' DEC I 8 2006 Jacksonville Port Authority Port of Key West Manatee Port Authority Port of Miami-Dade \,ort of ,Palm Beach Panama City Port Authority Port of Pensacola Port St Joe Port Authority Port of St. Petersburg ;Tamp. P9rtAuthorlty. .... -. John R. LaCapra, President \\SMBIZl\Users\Christy\My Ðocuments\FPC PR Assessment Memo 06-07.wpd h-._ .___~,"".u.·.,__.._... ........,-,...... > "'-'--'~"'.~~---+'~'- /cgPR ASSESSMENT FEES per port.xls Florida Ports Council Public Relations Assessment Fees FY06/07 PORT PR ASSESSMENT CANA VERAL $15,000.00 EVERGLADES $15,000.00 JAXPORT $15,000.00 MIAMI $15,000.00 TAMPA $15,000.00 FERNANDINA $10,000.00 MANATEE $10,000.00 PALM BEACH $10,000.00 PANAMA CITY $10,000.00 PENSACOLA $10,000.00 FT. PIERCE $5,000.00 KEY WEST $ 5,000.00 PORT ST. JOE $5,000.00 ST. PETERSBURG $ 5,000.00 TOTAL: $145,000.00 Approved by the Florida Ports Council on 12/8/06 ftFlorida Ports VCOUNCIL Invoice Date Invoice # 502 E. Jefferson Street Tallahassee, FL 32301-2537 Telephone: (850) 222-8028 Fax: (850) 222-7552 www.flaports.org E-Mail: info@flaports.org 12/13/2006 2061 Bill To Port of Ft. Pierce 2300 Virginia Avenue Ft. Pierce, FL 34982 Terms Due Date Upon Receipt 12/13/2006 Description Amount Public Relations Assessment - approved by the Florida Ports Council on 12/8/06 5,000,00 T ota I $5,000.00 w o 0:: w - c.. .- 0:: o u. u. o .- 0:: o c.. .- w W :I: UJ C <C w 0:: c.. UJ .- o w ., o 0:: c.. 0 0 0 0 0 0 -¡ fit 0 0 0 fit 0 0 0 0 0 C 1.0 ci CD o "CI ...... .- C In CI) ex:> ...... 1.0 0 ~W"CI"CI fit fit 0 N "CI....CCl) ...... ...... "CIen::sCl) fit fit <'CLL.LL.Z 0 0 0 0 0 0 0 fit 0 fit fit 0 C"CI 0 0 0 N 0 N w-8 ...... 0 ...... ....C "'=t a> C") en::s fit fit ...... LL.LL. fit 0 iC 0 0 0 0 0 0 0 fit fit 0 "CI 0 0 0 0 ~ ~ N 0 0 CD C 0 .- ...... "'=t 0 ...... W... "CI "'=t "'=t a> a> .... c. ... C fit 1.0 fit C") en c. 0 ::s N fit LL.<'CLL.LL. fit ::R0 ::R0 ;:RO ;:RO ::RO 0 o 0 o 0 o 0 o 0 åflt 0 00 1.00 1.00 1.00 0 1.0 - ...... - ...... - ...... - N 1.0 1.0 0 N C ...... N ...... 1.0 N CI) "'=t CD a> 0 ...... W fit fit - ... N ...... 1.0 ....ns fit fit fit en.c LL.en ::R0 ::R0 ;:RO ::R0 ::R0 0 o 0 o 0 o 0 o 0 o 0 0 00 1.00 1.00 1.00 00 0 In 1.0 - N - N - N - o - N 1.0 1.0 0 ......0 N ~CI) ...... ...... N 1.0 1.0 ...... "'=t ex:> C") C") N N C ... fit fit fit fit fit N ::s ns fit O.c uen 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 CJ "'=t ci 0 ci 0 "'=t -CI)~ "'=t 0 0 0 1.0 a> ns '-' In a> 1.0 C") "'=t N C") ÕeO fit C") ...... ...... fit ...... ....c..U fit fit fit fit "CI In CI) -- ~ ::s CJ"CI ... CI) CI) ex:> ex:> ...... ...... ...... ns '-'.c 0 0 0 0 0 CI) e CJ 0 0 0 0 0 )-c..en N N N N N 'C C CO 'C ...J Q) 0 Q) ~ ~ +-' 0 ëi5 Õ c c Q) Q) ~ 0 ~ Q) 0g ::J ....- .... Q) +-' :¡:; 0= 0= -- c·- () 0- ...J ill .!Q .... Q) .... Q) en Cen ~ t~ o () o () ~ 0= >.co >.co ~& o 0 co.c co.c Q) 0 0..« 1-0.. 1-0.. Z oen I- "C Q) "C c: :J - - o c: - :J ..c o W I- Cf) u.. >- ..c "C Q) > o .... e.. e.. as 1:5 Q) '0' .... a.. iC AGENDA REQUEST ITEM NO. C - 17 DATE: 1-23-07 REVIS ED REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] SUBMITTED BY (DEPT): TO: Board of County Commissioners SUBJECT: BACKGROUND: Ratify committee appointments FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratify the following appointments: · Lt. John Bolduc, Emergency Medical Services Advisory Board · Mike Dillman, Investment Committee · Marjorie Harrell, Library Advisory Board · Michael Lewis, Skateboard Park Committee · John Knapp, Planning & Zoning Commission · Brad Keen, Recreation Advisory Board · Dorran Russell, Smart Growth Committee · Linda Boltersdorf, Bicycle/Pedestrian Advisory Committee COMMISSION ACTION: b£] APPROVED [] DENIED [ ] OTHER: AfPr¡)Jlßl ~-ò County Administrator Review and Approvals County Attorney: Management & Budget: Originating Dept: Other: Finance: _ (Check for Copy only, if applicable) Purchasing: Other: - t-.I.."-""-'- Paala A. Lewis, Chairman Doag Coward, Vice Chairman 'oseph E. Smith Charles Grande Chris Craft District No. I District No.2 District No. I District No.4 District No. I AGENDA 'anaarp 21, 2007 I. MINUTES Approve the minutes from the meeting held on January 9, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 15 and 16. 2. COUNTY AnORNEY Property Donation - North Hutchinson Island Group, LLC - Heron Cay - Resolution 07-032 - Consider staff recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution 07-032 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 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. , "--~"-"-'-.-... MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING January 9,2007 Convened: 10:05 a.m. Adjourned: 10: 06 a.m. Commissioners Present: Paula A. Lewis, Chairperson, Doug Coward, Charles Grande, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Grande, to approve the minutes of the meeting held December 12,2006, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 11, 12, 13 and 14. 2. COUNTY ATTORNEY Indian River Lagoon License Plate Program FY 2006- Grant Acceptance and Waiver of the Bid process for a Water Management Platfonn System- The Board approved the acceptance of the Indian Rive4r Lagoon License Plate FY 2006 Grant, in the amount of $39,776.00, approved EQ Request No. 07-299 , Budget Amendment No. BA 07-025, and approve the waiver of the bid process to purchase Water Management Platfonn System from the sole provider/distributor, J.G. & H Consulting Inc., and authorized the Chainnan to execute the Agreement, pending County Attorney review and approval of the Agreement. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 01/12/07 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #15- 06-JAN-2007 TO 12-JAN-2007 FUND SUMMARY- MOSQUITO TITLE Mosqui to Fund GRAND TOTAL: EXPENSES 35,994.55 35,994.55 PAGE PAYROLL 34,931.99 34,931. 99 1 ., ~/ AGENDA REOUEST ITEM NO.2 DATE: January 23, 2007 REGULAR ( ] PUBLIC HEARING Leg. ( ] Quasi-JD ( ] CONSENT (X] TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Property Donation North Hutchinson Island Group, LLC Heron Cay Resolution 07-001 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: Resolution 02-151- As part of the platting for this project, the developer was to convey that portion of the site lying West of the Ft. Pierce Cut. RECOMMENDATION: Staff recommends that the Mosquito Control District accept the Special Warranty Deed, authorize the Chairman to sign Resolution 07-001 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. ~] APPROVED ( ] OTHER ( ] DENIED Approved 5-0 Do las . Anderson County Administrator COMMISSION ACTION: Review and Approvals [x] County Attorney: '~j<1O.)""'" [x] Originating Dept: 1M'- [ ] Road and Bridge: []Public Works: [ ] Mosquito Control: [ ]Environmental : PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Mosquito Control District FROM: J oAnn Ri ley, Property Acquisition Manager DATE: January 23,2007 SUBJECT: Property Donation North Hutchinson Island Group, LLC Heron Cay Resolution 07-001 BACKGROUND: As part of Heron Cay's, flk/a Seaside Subdivision, platting approval in Resolution 02-151, the developer was to convey a portion of the site lying West of the Ft. Pierce Cut to St. Lucie County. This tract is owned by North Hutchinson Island Group, LLC and contains approximately 14.41 acres lying West of the Ft. Pierce Cut and East of Government Lot 1 in Section 23, Township 34, Range 40 East. It is also known as Tract "C" on the proposed re-plat of Bonita Isles Unit 1, Plat Book 9, Page 62, St. Lucie County. The Special Warranty Deed is in favor of St. Lucie County Mosquito Control District and will be an asset to Mosquito Control. RECOMMENDATION: Staff recommends that the Mosquito Control District accept the Special Warranty Deed, authorize the Chairman to sign Resolution 07-001 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, JL~ .~ -~ ' Ann Ri ley Property Acquisition Manager RESOLUTION NO. 07-001 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BE. IT RESOLVED by the St. Lucie County Mosquito Control District, that: The foregoing Special Warranty Deed is duly accepted on behalf of the St. Lucie County Mosquito Control District this 23rd day of January, 2007. ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: CHAIRMAN ATTEST:· CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G :\ACQ\WP\J anet\Donation\Heron Cay\Resolution.wpd Prepared by and return to: Leo Rose III, Esq. Schreeder, Wheeler & Flint, LLP 1100 Peachtree Street, N .E. Suite 800 Atlanta, Georgia 30308-4516 STATE OF FLORIDA COUNTY OF BROW ARD SPECIAL WARRANTY DEED THIS INDENTURE, made and entered into this ~ day of January, 2007, by and between NORTH HUTCHINSON ISLAND GROUP, LLC, a Florida limited liability company fonnerly known as North Hutchinson Island Development Group, LLC (herein referred to as "Grantor"), and ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida (herein referred to as "Grantee"). . WI1NESSETH THAT, the said Grantor, for and in consideration of the sum ofTen and no/100 ($10.00) Dollars, and other good and valuable consideration, in hand paid at or before the delivery of this deed, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey to the Grantee, and its successors and assigns, the property located in S1. Lucie County, Florida and being more particularly described on EXlDBIT ~ attached hereto and made a part hereof. TOGETHER WITH all personal property, fixtures, structures and improvements located on such property and the easements, rights, members and appurtenances thereunto appertaining. TO HAVE AND TO HOLD the said bargained premises, together with all and singular the rights, privileges, easements, members, appurtenances belonging or thereunto appertaining, to the only proper use and benefit of the Grantee and its successors and assigns forever in FEE SIMPLE. AND EXCEPT for those matters set forth in EXHIBIT "B" attached hereto, Grantor will warrant and defend the title to said premises against the claims of all persons claiming by, through or under Grantor, but not otherwise. No other covenants or warranties, express or implied, are given by this Special Warranty Deed. IN WITNESS WHEREOF, the Grantor has du1y signed, sealed and delivered this deed on the date above written. NORTH HUTCHINSON ISLAND GROUP, LLC, a Florida limited liability company formerly known as North Hutchinson Island Development Group, LLC By: J.C. Investments, LLC, a Florida limited liability company Its: Managin By: ~UAJt> Witness ~ Printed Name: 1:JOr\\S e..- ~~e.- es S. Carroll Its: Managing Member ~ Printed Name: S-tû UI N\ W \1\; +þ--W I STATE OF FLORIDA ) ) SS COUNTY OF brDvJ(L{"~ ) The foregoing instrument was acknowledged before me this <¿\h day of January, 2007, by James S. Carroll, in his capacity as Managing Member ofJ.C. Investments, LLC, a Florida limited liability company, which is the Managing Member of North Hutchison Island Group, LLC. He/She is ~rsonal1y known to me or has produced as identification and did not take an oath. A"A.. y)'-~ N~~ £-\-a (..4 N\. \f\) V<¡\--~ Ltf Print or Type Name State of 'V \ 0 ( i clo.- My commission expires: ~11 \'\ \ S 2- 0 /I (NOTARIAL SEAL) EXHIBIT "A" Legal Description -.- - - " .~. .... ..-..-...-.. .... . ". . ". .. ." SKETCH AND LEGAL DESCRIPTION 1tft$ IS NOT A SUR'Æ't' t ¡ ! LECm. DESCRIP1ICN AU. OF -mE f(]I..LO\W(G DESCRIBED PROPERTY L'llNG WEST OF 1HE MEAN HIGIt WAlER UNE OF IT, PIERCE CUT. 1HE NOR1H 100 FEET OF 11£ SOIJlH 200 FEET OF GOVERNUENT LOT 1. 1M 1HJt HOItÌH 1i OF SE:ClION 2.3, TOWNSHIP 34 SOUTH. RANGE ~ EAST. IS MEASURED AT RIGHT ANGU:S 10 THE SOU1H UNE OF $AID GO'ÆRNMENT LOT 1. AS SHOWN 011 PlAT Of SURVEY. Œ SAID SECllCN 23, ÞS RECORDED IN PLAl BOo]( 8. pt\Œ: 21 OF 'THE pUBUC RECORDS Œ ST. WOE COUtlTY. FlORIDA. TOGE1tfER Wl1H: 11£ SOU1H 100 FEET OF GQ\IERNUEItT LOT 1. IN 1HE NOR1H ~ Of SEC1!ON' 2.3, TOWNSHIP 34 SOUTH, RAMGE 40 EAST. ST. lUQE COUNTY. f1..ORIDA. AS t.I£ASURED AT RIQHT ANGUS 10 tHE SOUlH lINE Of SAID GOVERNIoIENT LOT t. AS SHov.M ON PLAT OF SURVEY OF SHD SEC11CIN 2J, Rt;CORDED IN PLAT BOOK S. PAG! 21. OF 'THE puauc RECœDS OF S't. WOE COUNTY. FLORIO/\. . 1'CGE1HER YA'ni: ALL CF 1HA T PORl1ON OF THE NORlH eoo FEET af 1HE SOU1HEAST ]( (II' SEC110N 23. TOVt'NSHIP 34 SDU1H. RANGE .4Q EAST. ST, WŒ COUNtY. FWUDA. L'tING WEST OF STAlE ROAD 1.-1-.\ LESS 1H.\1' PamoN LYING \\'IlH1N lHE SUBDIVISION EN1I11ED "BONJTA I.SI.ES UNIT No.. ''', QECORDED IN PLAT. BOOK 9. PAGE 62 OF'1H£ PUBUC RECORDS OF ST. Lua£ COUNTY. f1,OR!DA . .~ ~ 1110' GRAPBIC SCAI.B - ~ ~ (--) t_.. lID tL , -----------------1------ ~ CIII'W"ÆD ACJIIEAG& 128a' IE/IRINGS &IO'Mf JERØItf .. I\$UNED _ IaA1IW 10 H fIamt UHE 01' 1HE SDU11I 1/2. 01' SI!mIQII P HAWfO A.1IiMJIIQ C'/F $.88'34-'JQ"II ,. ,," ..J.. >.:.~.. .. :..:;.:'" .:" ¿-,Y .. .. ., 7-~' . .o·J' ,. . . SKETCH ':i~··d ~ ".... P'T1oN "\. """,,~Ij ;,r!..~ rJ~·-:i .~- CONSERVA 110N EASEMENT fh¡ 01-51e&d- canerwtlOn-dwg Dote; 8-07-2008 Tech: GUI '. _..tr..JiIiii& - va~D ) i r I Sheet. 1 01 1 r:. CONSULtING ENQNEERS ~"LPEPPER a ~ ~MYORS "- ÎNGßcC: ==~~ . tm) 48H531 CEI!1IIDII'IE f'IF lØ1ItIIRIZIi1IaI IWIIIIERI OQCIII Ole '. ¡ I ¡ ¡ 1 I j ¡ 1 ~ I I í . { I j I ,I I J · i \ 1 1 \1 ¡ ! i I 1 I ¡ ¡ \ \ 1 I 1· \ 1 \ t I I I ~ 1 ¡ I t 1 I I ~ I I I i \ l i I I \ 1 { j I I \ I . J 1 I I I I I! ! ¡ ¡ ! i i I . I ¡ i EXIDBIT "B" Permitted Exceptions to Title 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the date of this deed. 2. Rights and claims of parties in possession but not shown by the public records; 3. Encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements which are not shown by the Public Records. 5. Taxes or special assessments which are not shown as existing liens by the public records. 6. Taxes and special assessments for the year 2006 and subsequent years, which are not yet due and payable. 7. Res1rÏctions, reservations and easements as indicated and/or shown on that certain Plat recorded in Plat Book 8, Page 21, of the Public Records of St. Lucie County, Florida. 8. Resolution No. 02-151 as recorded in Official Records Book 1591, page 1425, of the Public Records of St. Lucie County, Florida. 9. Settlement Stipulation as recorded in Official Records Book 949, Page 2468, of the Public Records ofSt. Lucie County, Florida. 10. Riparian rights and littoral rights, if any, incident to the land. 11. Any and all rights of the United States of America and the State of Florida in and to navigable waters or filled-in land formerly within navigable waters and any conditions contained in any permits authorizing the filling in of such land. SKETCH AND LEGAL DESCRIPTION THIS IS NOT A StJR'ÆY LEGAL DESCRIPl10N ALL OF THE FOLLOWING DESCRIBED PROPERTY LYING WEST OF THE MEAN HIGH WA 1ER LINE OF FT. PIERCE CUT. THE NORTH 100 FEET OF THE SOUTH 200 FEET OF GOVERNMENT LOT 1, IN THE NORTH ~ OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AS MEASURED AT RIGHT ANGlES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS SHOWN ON PLAT OF SURVEY, OF SAID SECTION 23, AS RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH; THE SOUTH 100 FEET OF GOVERNMENT LOT 1, IN THE NORTH ~ OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23, RECORDED IN PLAT BOOK 8, PAGE 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. . TOGETHER WITH: ALL OF THAT PORTION OF THE NORTH 600 FEET OF THE SOUTHEAST 14 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY. FLORIDA, LYING WEST OF STA1£ ROAD A-l-A, LESS THAT PORTION LYING WITHIN THE SUBDIVISION ENTITLED "BONITA ISLES UNIT NO.1", RECORDED IN PLAT BOOK 9, PAGE 62 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA C'oI~ -I- 00 ...J-' t-[t- zZ WW ::;:::E zZ I!<~ ~o 8ø , UNPlA TIED ACREAGE N89'3+'SO"E 1660' LtJ ~ ~II) ~d---- . 0 . ÖN 0 Z ~ ò o jJ¡ GRAPHIC SCALE ~ 0 1~ ~-~ 1 ( JK n:E'I' ) 1 IDah- 300 ft. 300 ! I ------------------------ I S89'34'50"W UNPLATTED ACREAGE 1298' BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO iHE NOR1H UNE OF 1HE SOU1H 1/2 OF SECTION 23 HAVING A BEARING O¡'- S.8S'34·SO"W ~' 7 - 2.00,cp ......... Or ".. SKETCH ANEt.-·OESeRIPll0N .....!/ /,.' .:.':'! ::. . . . 'OF; ,; File: 01-51 s&d- conservation.dwg Date: 8-07-2006 CONSERVA~ON EASEMENT Tech: GLM t ~ SECIION UIIE _ _ NOR1K UNE (Jf 1HE SOUlK 1/% IF SECIICK 23 8C111TA ISLES UNIT NO. CIE IV,I 80CIK t. PÞŒ. e2, PUBIJC IIECOADS (]I' ST. waE CXIUN1Y, FLCAIDA ò o ... ~ ~ r Õ Z S89'36'O'-W :>72.' I~ UNPLATTED ACREAGE Sheet 1 of 1 E CONSULTING ENGINEERS ,of & CULPEPPER &: LAND SURVEYORS 2980 SOU1H 25th SlREEr TERPENING.INC. FORT PIERCE, FLORIDA 34982 (772) <464-3537 CERllF1CA 1E OF AUiHORlZA 1l0N NUt.CBER: 0000 4286 "õ >- UJ UJ :t '" , t:: ~ ii'~ '" ~ .~ N ~ E-< w ","rn " 0 -< w Z < -' '" -' u p.E-< -< -< '" 0 rn UJ 0 .< ~> 0')"," 1;2.- ~ ....... ~. -< ~o ..J ifJ. ::'::0 :¡~ Q. Z a", n ::> ....... a .. > 0:1"," ....... E-<~< Q «8 ,...:¡~o:: ~ 0. a .,...:¡ ~ -<::r:~ E-< ifJ. E-<~ . -a>- ZrnE-< ~ Z ~ "';::¡ rn!;";la <r: "'" U "":¡p. rn_"," U -::r:- <rnU E-<Z~ Z -~,...:¡ Za 0 aE-< 0:1 ~ ~!;";I aN ~ E-<Z =0 <0 ,...:¡.... p.E-< ","U ~"'" rn < "" o o (D ....w :5~ a.. a.. ~ u en ~æ ~ '" " I . I¡ - I . ., I ¡: ! iÏ I I I . -I "- . ¡ie I i lid!! - z I I ¡ . ! . , ! r ÎI ; ¡ L "'\I!! i , ¡ III i Ii Itl' :! ~ il: ii!! II II II i. n II hi.! ~. ..J ~ ~ I ... .. . ~ ¡ t ~ ~ j I~ ~! .....J -' .... .."" 0; " " t! = :! ~ : I!!t ~; '" " u.. ;~ 0 ~:::: N .... 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'5 .. ~~'I'" 'It J ~!.3! t ::ji; ~J II Jji1 i 1.li Ii to; '.1- r '!~. ¡¡ 8 ~...sl ~! 11 h il ,t¡.. i I~ÕI' 'i.. '. ~-,' t, ªH~ t It '" to!! '<"N~ 1', n '!·'f 1 I JJ¡P 1 -. n ldò, 1 :j ,.I1A } :1 Ã 1 I î Ã ., Î' ..~: h\ j ¡, ¡Ii f.i; 1j~ 18j !~; ¡ ¡Fí §... !":i !! Hi:! I. ::~: t~ HI; .!ì H;t Ii 111... !~ j ~~j i i, I' 1 t ~ ~,t }'" i'I ¡J. ¡j.# ti~ .ð" . J , u " " t . NY rz:gt:Ot 9OOt/8'1/6 'IIMJYl~~ 1I!\d aP.~tS-lO\ÞOOl V~ ~D-IN JOJ pa5!~ JIId ilP.seas\CM3N).1V1d ÅY:JNOæl-l\~ ~ ¡5-to\too,-JOId\:d P!.0D - eCi. ('bY) 8tl Om(j ~1e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 02-151 FILE NO.: MJSP-02-OO7 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS SEASIDE SUBDIVISION IN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: . 1. Preferred Properties of S1. Lucie. LLC, presented a petition for Major Site Plan Approval to allow a 38-/ot residenUal subdivision to be known as Seaside Subdivision on 28.38 acres of land on the west side of State Road A-1-A, approximately 300 feet north of the entrance to Jack Island State Park and just south of Water's Edge PUD Subdivision, in the HIRD (Hutchinson Island Residential District) Zoning District for the property descñbed in Part B below. 2. The Development Review Committee has reviewed the site plan for thè proposed project and fQund it to meet all technical requirements and to be consistent with the future lë:nd use maps of the S1. Lucie County Comprehensive Plan, subject to certain conditions set forth in Part A. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the S1. Lucie County Land Development Code, the 81. Lucie County Comprehensive Plan and the Code of Ordinances of 81. Lucie County. 4. With the conditions imposed pursuant to this Resolution, the proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design including upland and wetland buffers, landscaping and screening. 6. With the conditions imposed in Part A of this Resolution, the proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. S1. Lucie County Utilities will provide water and sewer service to the proposed project. R ~ -rtJ: ~. IH1-t¡¡ Resolution 02-151 Page 1 File No.: MJSP-02-007 September 24, 2002 :::.o"~ ro .... 0 (JI-':D aCDZ --, z =zm roC =3:r:: ..0"0 I-'ror , 0 --, :3: ''':D ·0 Z -.J ~ '1'-.) ot-'c:J Nor om ce ^' I-' 0' "'" oce .. 0 LoJ 0 .,., I-' ^' -i ö:' :r:: om o :x: c:J I-i t-' ^' LT1 ('"J '..0 e:: t-' H -i -0 :D c:J G1 CJ me:: :;0 t-' -i +:0- r·.) I LT1 CfJ :D H Z .....¡ r c:: ('"J I-i m c:J CJ c: Z -i -< 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 8. The applicant has demonstrated that water supply, evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on September 24, 2002. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as Seaside Subdivision, is hereby approved as depicted on the site plan drawings for the project prepared by Culpepper & Terpening, Inc., dated 3/25/02, last revised 7/22102, and date stamped received by the St. Lucie County Community Development Director on 8/2/02, for the property described in Section B, subject to the following conditions: . 1. Prior to the Issuance of any Land Clearing Perm Us for the Seaside Subdivision Site, the developers shall clearly delineate all areas to be preserved anellor protected. Delineation shall be by either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide the Installation of the fencing materials. All land clearing activities shall be In accordance to the specific conditions/standards outlined in the Land ClearIng Permit. 2. As part of the platting for thIs project, the developer shall establish through a~~pärate Deed, acceptable by the S1. Lucie County Attorney, the conveyance of that portIon of the site lying west of the Ft. Pierce Cut, to S1. Lucie County. 3. No encroachments shall be permitted within the preserved mangroves or 40-foot vegetative buffer area. This shall Include walkways, boardwalks or boat docks, except for the area designated as Tract A on the site plan. If the developers desire In the future to Install such facilitIes they may only do so as a major adjustment to the site plan subject to approval of the Board of County Commissioners. 4. Prior to the Issuance of the first Certificate of Occupancy (CO) for the first structure, the developer shall provide a concrete sidewalk, having a minimum wIdth of five (5') feet, along the west side of State Road A-1-A, from the northern project limits to the point of connection with the sidewalk to the south. 5. The proposed perimeter wall located along State Road A-1-A from the northern property line to the project entrance shall be limited to a maximum of six (6) feet In height, may be located no closer than 10 feet to the west right-of-way line of SR A-1-A subject to maIntaining adequate site triangles and vision fields at the Intersection of Shore Side Drive and SR A- 1-A. Resolution 02-151 Page 2 File No.: MJSP-02-0Q7 September 24, 2002 CJ ::<J tJ:1 CJ CJ ;><: i-" 01 -.J i-" -0 ::D Ai i-" .¡::.. I'\J IJ' 1 2 3 4 5 6 B. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 6. Seaside Subdivision shall only be developed with Single-family residential units. No duplex or multi-family units shall be permitted to be constructed within the project boundaries The property on which this Major Site Plan approval is being granted is described as follows: DESCRIPTION That part of the following descri bed property lying West of State Road A 1 A, to Wit: The North 100 feet of the South 200 feet of Government Lot 1. In the North 1/2 of Section 23, TownshIp 34 South, Range 40 East, .s measured at right angles to the South Une of Said Government Lot 1, as shown on Plat of Survey of said Section 23, aa recorded in Plat Book 8, Page 21 of the Public Records of S1. Lucie County, Florida. Together with: That part of the following described property Iyfng West of the State Road A1A, to wit: The South 100 feet of Government Lot 1, In the North 1/2. of Section 23, Township 34 South, Range 40 East, S1. Lucie County, Florida, as measured at right angles to the South line of said Government Lot 1, as shown on Plat of Survey of said Section 23, recorded In Plat Book 8, Page 21, of the Public Records of st. Lucie County, Florida. Together with: All of land lying within the Plat entitled Bonita Isle Unit No.1, as recorded In Plat Book 9, Page 62 of the Public Records of S1. Lucie County, Florida. Together With: All of that portion of the North 600 feet of the Southeast 114 of Section 23, Township 34 South, Range 40 East, St. Lucie County, FlorIda, lying West of State Road A1A, less that portion of Iyfng within the SubdivIsion entitled "Bonita Isles Unit No.1", recorded in Plat Book 9, Page 62 of the Public Records of St. Lucie County, Florida. Less and Excepting, the East 100 Feet of Lot 1, Block 1. Also less and except the East 100 Feet (as measured along the Southerly right-of-way line) of Loa Olas Avenue (a 50.00 foot wide rIght-of-way) and who'. West line Is perpendicular to said southerly right-of-way line of Los Olas Avenue. according to the Plat of Bonita Isles Unit No.1 as recorded In Plat Book 9, Page 62 of the Public Records of st. Lucie County, Florida; being more particularly described as follows: Begin at the Northeast corner of Lot 1. Block 1, according to said Plat of Bonita Isles; thence South 89°36'07" West along the North line of said Lot 1, a distance of 100.00 feet; thence at right angles run North 00°23'53" West a dIstance of 50.00 feet to . point on the North Rlght- ' of-Way line of Los 0la8 Avenue (a 50.00 foot wide right-of-way); thence North 89°36'07" East along said north right-of-way IIne a distance of 84.81 feet to the Westerly right-of-way line of State Road A1A (a 100 foot wide right-of-way); thence South 17°17'36" East along said westerly right-of-way a distance of 52.26 feet returning to the Point of Beginning. o ;;0 t:!: o o ::><: ..... tJ1 ...c I-'- ïJ :D en ¡T1 I-'- ~ I'-::J -:¡ (Location: Weat side of South State Road A-1-A, approximately 300 feet north of the entrance to Jack Island State Park and Just south of the Water's Edge PUD SubdIvision) Resolution 02-151 Page 3 File No.: MJSP-02-007 September 24, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 C. The approvals and authorizations granted by this Resolution are for the purpose of , obtaining future site plan/building permit approvals and shall expire on September 24, 2004, unless the developer has obtained final plat approval for this subdivision and the final record plat for this subdivision has been recorded in the land records of 51. Lucie County, or an extension has been granted in accordance with Section 11.02.06, S1. Lucie County Land Development Code. Once final plats for this development has been recorded in the land records of the County, no further site plan extension wìl\ be required provided that development activities in the subdivision proceed in manner consistent with this approved site plan. D. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Preferred Properties of S1. Lucie. LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities. including but not limited to: the United States Army Corp of 'Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A Certificate of Capacity, a copy of which is attached to this resolution. was granted by the Community Development Director on September 24, 2002. which certificate shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11 .07.05(F) 01 the S1. Lucie County Land Development Code, a new certificate of capacity shall be required. F. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the S1. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE Vice-Chairman Cliff Barnes AYE Commissioner John Bruhn AYE Commissioner Paula Lewis AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 24th day of September 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Resolution 02-151 Page 4 File No.: MJSP-02-007 September 24, 2002 §is t:t:1 o o :><: I-L U1 ...c I-L -0 ::r:> û1 r'T1 I-L .þ. 85· 1 2 3 4 5 6 7 8 9 10 ATTEST File No.: MJSP-02-007 September 24.2002 ,j..~./'''' BY --i¥,"'A~:":' ~; "{/,: .".,.e' " . -->~.~ "- C ,I rman '::\ , ",: ..."... ;, ~ " . . APPROVED AS TO FORM AND CORRECTNÊSS Resolution 02-151 Page 5 a ::0 tJ: c:J o ;><: ..... t11 -.0 ..... -0 ::D G1 rr1 ..... .:>0- N ..0 St Lucie County Certificate of Capacity Date 9/24/2002 Certificate No. 969 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Major Site Plan Number of units 38 Number of square feet 2. Property legal description & Tax ID no. 1423-130-0023-000/0, 1423-410_0004-000/9,1423-130-0025-00013, 1423-810 W of A-i-A, 300 ft. N of Jack IslaI1d Park Seaside Subdivision Bonita Isle Unit 1 3. Approval: Building Resolution No. 02-151 Letter 09/24/02 4. Subject to the following conditions for concurrency: The construction of a 38-1ot single-family residential development. Owner's name Preferred Properties of St. Lucie. LLC Address, 2980 S. 25th Street Ft. Pierce FL 34981 6. Certificate Expiration Date 9/24/2004 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent develop me der(s) issued for the same property, use. and size as described herein. Signed Date: 9/24/2002 Community evelopment Director 5t Lucie ountv. Florida Page 1 of 1 Tuesday, September 24, 2002 §õ t:a o o ;>e: ...... U1 -.c ...... -0 ::I> G1 n1 ~ +>- ~ ~ !~ I<;i.. ~¡~ . I ! a ¡j'~IÕ!N . ';-1 ~ :!lI~li' o.¡ ~ .. " u X ~ . <> , ¡ ¡ j! ...1 ~ ! ] r!1 1 : ..... Fi! ill ~:: f . ';."~ . .... .. .c.~ 'II, ¡11 - I;; 'J! hJ 1 ~¡I~' 1j Ii!' ¡)I j 11 I.~ ~1'1 I:: I 'J!~ II . r.j~ -II ,;'" '.' ðl'1' I! II f . J !) ,¡l;ê Ilia! II; ~lf II:} !: I ~1;1 :l .' !.-'I¡"t..-j¡ " · j! 111 .1 ....,- "¡ "I I J I.. ï ~ Ii! i i i ! bq ~ I Ii .: :i 'I III !~ ~1 _ 1~..¡ 5,1 " ¡! ::. "I 'I . Î :." ,:: ¡ 11 I ! Iii jH~; ~~; I 1j I 1, I Hì: ~-, . J~ ¡ I 1 J, ' 1 I, I." l ~!; ¡HI m ;1' ! ldB! i~ '1 :.~: !!' I ! Ii I '11 Ii' I .i . 1. g i A]'\I :'ll "I I Ii¡ j II IIt!¡ IHdH~dd~ Jl ud 1 'J 11 1 IU 11'1 ~! m! 1 ! fJ h L::: ~! ! ¡¡,I 11 ~ ! ~ ! ~ ! i , ~ 2 ð::>< ,,~ ~qJ < ~ ,.~ ~§~h u ........ ~ \ ~ j ä ~ rn ¡¡¡ ¡ :1 a.~ ~ - ~¡ 1 h 0 ; ~ "if ' ;;r.¡ H~¡~ t:IJ i 1* c:J ~ ~! 0 ::><: ...... ~J (J1 ...0 ~~ ...... "-z UJ w " "-"- -'a:: ::D :Ow Cj') u fT1 ...... ,þ. // U (" ...... ,\ \ \ .~.. i \ \ \ \ '- ..;.. .-.-.--- ..- ...- ,""''''...t"'f"K't¡a.ç:;I.....:,r''''''....JfII....·U..·....--·¥~........ II·.....~; - -.rrmìT" .~..--.... - .... .~ Charles Grande, Chairman Chris Craft, Vice Chairman 'oseph E. Smith Doag Coward Paala A. Lewis District No.4 District No. I District No. I District No.2 District No. I AGENDA 'anaarp 21, 2007 I. MINUTES Approve the minutes from the meeting held on January 9, 2007 2e GENERAL PUBLIC COMMENT I. CONSENT AGENDA 4. PUBLIC WORKS Project Agreement 06SL4 with FDEP for a $3 million grant to underta~e tas~s associated with the Southern St. Lucie County Beach Restoration Project. - Consider staff recommendation to approve the following contracts under the auspice of an emergency, with review and approval of the final documents by the County Attorney, and signature of said contracts by the Chairman: 1) Project Agreement 06SL4 with FDEP for $3 million in State funds, 2) Wor~ Authorizations #05, #06 and #07 (Contract #04-11-642) with Coastal Technology Corporation, 3) Contract with CKA Associates, with a not-to-exceed amount of $325,000, for dune restoration wor~ and 4) Budget Resolution #07-003 supporting the grant. I. PUBLIC WORKS Accept a $3,100 donation from the Southern Kingfish Association (SKA) for the St. Lucie County Artificial Reef Program. - Consider staff recommendation to approve to accept the Southern Kingfish Association donation, in the amount of $3,100, along with the corresponding Budget Resolution No. 07-002, and execution of said Resolution by the Chairman. CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. 2e PUBLIC WORKS Award of Bid #07-001 for contractors to provide upland sand sources associated with future post-storm emergency beach and dune restoration needs - Consider staff recommendation to approved to award Bid #07-001 and enter into contracts as prepared by the County with CKA and Dic~erson Florida, Inc., for viable upland sand sources and contractors to serve future post-storm emergency beach and dune restoration needs, and signature of said contracts by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. - EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 9,2007 Convened: 10:06 a.m. Adjourned: 10: 10 a.m. Commissioners Present: Charles Grande, Chainnan, Paula A. Lewis, Chris Craft, Joseph Smith, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Richard Bouchard, Erosion Manager, Millie Delgado-Feliciano, Deputy Clerk I., MINUTES It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held December 12,2006, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 11, 12, 13 and 14. 2. PUBLIC WORKS A. First Amendment to Project Grant Agreement No. 06SL1 with FDEP and Work Authorization No. 10 with Taylor Engineering, Inc., - The Board approved 1) the First Amendment to Project Agreement 06SL1 with the FDEP along with Budget Resolution No. 07-001,2) Work Authorization No. 10 (C04-11-622) with Taylor Engineering Inc. and approved execution of said documents by the Chairman. B. Cooperation Agreement with the U.S. Army Corps of Engineers for federal emergency funding (100%) to restore Ft. Pierce beach to pre-storm conditions- The Board approved the Cooperation Agreement 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. with the U.S. Army Corps of Engineers- The Board approved waiving the bid process and authorized 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. Com. Coward expressed his concerns with a letter drafted by Marlowe & Company where the Boards input was not obtained. Staff was directed to send a letter to Marlowe & Company addressing the Board's concerns with this incident. 1 There being no further business to be brought before the District, the meeting was adjourned. Chainnan Clerk of Circuit Court 2 01/12/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #15- 06-JAN-2007 TO 12-JAN-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 10,862.66 4,607.28 GRAND TOTAL: 10,862.66 4,607.28 1 "',., AGENDA REQUEST ITEM NO._ Lf DATE: January 23,2007 TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: ~~ Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Project Agreement 06SL4 with FDEP for a $3 million grant to undertake tasks associated with the Southern St. Lucie County Beach Restoration Project. BACKGROUND: During the 2006/07 budget session, the State approved $3 million to assist St. Lucie County with the Southern St. Lucie County Beach Restoration project as a result of impacts from recent hurricane activity. St. Lucie County is initiating an effort to develop an initial non-federal project to address the deteriorated shoreline and emergency conditions of the South County shoreline as soon as possible with parallel development of a federal Shore Protection Project to provide for future re-nourishment of the beaches in the project area. Several in depth meetings were held with staff from Florida DEP and the U.S. Army Corps of Engineers to identify various tasks that would minimize duplication of effort and provide for an accelerated course of action. These long-term tasks are included in the attached Work Authorizations with Coastal Technology Corporation. W.A. #06 ($1 ,271,456) provides for professional services related to design and permitting while W.A. #07 ($1,219,750) includes services for sand search and geotechnical investigations. Another component of this grant provides for dune restoration along the Sand Dollar Shores/Dune Walk shoreline, an area that was not completed with the original dune restoration project due to time constraints. Since this project area was part of the originally permitted dune restoration project, FDEP has modified the permit and extended the expiration date for this work. W.A. #05 ($40,280) with Coastal Tech is attached and will provide for daily construction observations and quality control of the sand operations. We also request Board approval to enter into a construction contract with CKA, utilizing our Master Agreement for pre-approved upland sand sources, with a not-to-exceed amount of $325,000. This project is envisioned to commence in short order and take two to three weeks to complete to avoid issues with sea turtle nesting season, which commences March 1 st. FUNDS: This FDEP Grant provides for 100% funding, no local match is required. Funds will be made available in the following accounts: Account No. 184211-3710-531000-36203--($',650,000); Erosion District - Southern St. Lucie County Beach. Account No. 184211-3710-546340-36203--($350,000); Erosion District - Southern St. Lucie County Beach. Budget Resolution No. 07-003 is also attached for Board consideration. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Erosion District Board approve the following contracts under the auspice of an emergency, with review and approval of the final documents by the County Attorney, and signature of said contracts by the Chairman: 1) Project Agreement 06SL4 with FDEP for $3 million in State funds, 2) Work Authorizations #05, #06 and #07 (Contract#04-11-642) with Coastal Technology Corporation, 3) Contract with CKAAssociates, with a not-to-exceed amount of $325,000, for dune restoration work and 4) Budget Resolution #07-003 supporting the grant. COMMISSION ACTION: [~ APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED Douglas n rson County Administrator [x]County Attorney [x]Originating Dept Public WOrk~' jr [x]Mgt. & Budge [x]Executive Assistant ~ ?tt\ [x]Finance Department (Grants) [x]Purchasing Dept ¡ ð DEP AGREEMENT No: 06SL4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR SOUTH ST. LUCIE COUNTY BEACH RESTORATION THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and the ST. LUCIE COUNTY EROSION DISTRICT, whose address is 2300 Virginia Ave., Ft. Pierce, Florida 34982, a local government, (hereinafter referred to as the "LOCAL SPONSOR") for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program; and, WHEREAS, the LOCAL SPONSOR has the capabilities of performing the tasks associated with, and has demonstrated a financial commitment to, the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the SOUTH ST. LUCIE COUNTY BEACH RESTORATION, (hereafter referred to as the PROJECT), as defined in Attachment A (Project Work Plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on December 31, 2008. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after January 1, 2007, shall be eligible for cost sharing by the DEPARTMENT. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 4. 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 the release of funds appropriated to the DEPARTMENT. DEP Agreement No. 06SL4, Page 1 of 8 ~. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of a feasibility study and design and permitting activities between DEP range monuments R-77 range R-115. In addition, the project consists of dune restoration activities between DEP range monuments R-88+400 and R-90+300. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re-initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 6. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table I below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate each scope of work must be obtained from the DEP AR TMENT prior to the initiation of said task. Failure to obtain prior written authorization for a specific task may result in the forfeiture of all retained funds associated with the PROJECT. 7. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table I below: Task # Elieible Pro,iect Tasks Estimated Proiect Costs Federal DEP Local Total 1.0 Feasibility 1.1 Geotechnical Investigation $0 $1,250,000 $0 $1,250,000 2.0 Design and Permitting 2.0 Design and Permitting $0 $1,350,000 $0 $1,350,000 2.1 Dune Restoration Consulting $0 $50,000 $0 $50,000 Design and Permitting Subtotal: $0 $1,400,000 $0 $1,400,000 3.0 Construction 3.1 Sand Dollar Shores Dune Restoration $0 $350,000 $0 $350,000 TOTAL PROJECT COSTS $0 $3.000,000 $0 $3,000.000 TABLE 1 8. 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 $3,000,000 for this PROJECT or up to 100 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. 9. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table I are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project items which exceed the estimated project costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. 10. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. II. Paragraph Left Intentionally Blank. DEP Agreement No. 06SL4, Page 2 of 8 -,~ 12. Paragraph intentionally left blank. 13. As consideration for the eligible work perfonned by the LOCAL SPONSOR under the tenns of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory perfonnance, 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 B (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.comlaadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the fonns provided as Attachment C (Request For Payment, PARTS I - III), attached hereto and made a part hereof. These fonns may be submitted on a quarterly basis. The tenn "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 penn its, including those required pursuant to Chapters 161, 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. 14. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to detennine that the work has been accomplished in accordance with the tenns and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional infonnation of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the tenns and conditions of the Agreement and applicable scope of work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this infonnation must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules may be required to be submitted electronically in an .MPP or tab delimited .TXT fonnat. Infonnation provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. DEP Agreement No. 06SL4, Page 3 of 8 -- . 16. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment D (Completion Certification). A final project certification inspection will be made by the DEPARTMENT within 60 days after the PROJECT is certified complete by the LOCAL SPONSOR. 17. Pursuant to Chapter 161.101 (17), Florida Statutes, the LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: 772/462-2362. The DEPARTMENT's Project Manager for all technical matters is Brian Taylor, Phone: 850/922-7866 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 22. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR DEPARTMENT Richard Bouchard St. Lucie County Public Works Department 2300 Virginia Avenue Ft. Pierce, FL 34982 (772) 462-2362 Dena VanLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 922-7711 23. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. DEP Agreement No. 06SL4, Page 4 of 8 î 24. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 25. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grants Program Administrator at 850/922-7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state fmancial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "LinkslForms" section appearing at the following website: https:llapps.fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 26. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. DEP Agreement No. 06SL4, Page 5 of 8 30. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 31. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 32. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 33. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded ITom participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory 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 public 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, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity at (850) 487-0915. 34. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEP AR TMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. 35. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the solicitation ITom which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of work. DEP Agreement No. 06SL4, Page 6 of 8 36. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 37. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 38. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (fonnal amendment) to this Agreement. 39. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 40. If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confinned by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perfonn by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. 06SL4, Page 7 of 8 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: *Commission Chair By: Secretary or designee Date: Date: FEID No. DEP Grant Program Administrator APPROVED as to form and legality: DEP Attorney *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment Attachment Attachment Attachment Attachment A B C D E Project Work Plan (l page) Contract Payment Requirements (1 page) Request For Payment (3 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) DEP Agreement No. 06SL4, Page 8 of 8 ATTACHMENT A PROJECT WORK PLAN SOUTH ST. LUCIE COUNTY BEACH RESTORATION The PROJECT consists of activities designed to expedite the federal beach restoration project for south St. Lucie County (R77-RI15). Specifically, additional feasibility study and design & permitting activities will be conducted. In addition, the project consists of dune restoration activities between DEP range monuments R-72+400 and R-73+300. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches!. Three (3) originals and one (I) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 1.0 Feasibility 1.1 Geotechnical Investigation Conduct an advanced sand-search investigation designed to identify borrow areas with a sufficient volume (+25 Mcy) of beach-compatible sand for nourishment of "critically eroded" segments of St. Lucie County beaches (Specifically R88-RI15). 2.0 Design & Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 2.1 Dune Restoration Consulting Work performed and costs incurred associated with sub-contractor consulting within the project area. Eligible costs may include obtaining environmental permits and other authorizations and the preparation of plans and specifications. 3.0 Construction 3.1 Dune Restoration Work performed and costs incurred associated with the placement of beach compatible fill material within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. DEP Agreement No. 06SL4, Attachment A, Page I of 1 ATTACHMENT B Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (l) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.0 17, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: http://www.fldfs.com/aadir/reference%5Fguide/. DEP Agreement No. XXXXX, Attachment B, Page I of 1 ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT-PART I PAYMENT SUMMARY Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 06SL4 Billing Number: Billing Period: Billing Type: 0 Interim Billing o Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ *if applicable Cost Summary: $ $ $ State Funds Obligated $ Local Funds Obligated $ Less Advance Pay $ Less Previous Credits $ Less Advance Pay $ Less Previous Payment $ 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. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 06SL4, Attachment C, Page 1 of3 Z o~ E::~ ~ø E-;O ~~ ~~~ ~U~ ~~~ ~E-;~ ~I ~E-; O<Z ~~~ ~~~ ~ r~. ØI: 0-0 E-;E-;~ ZZE-; ~~en ~~~ E-;~Þ ~øo d= <= ~~ o~ ~= ~ t:3 -< ~ ~ ~ ~ z ~ ~ en ~ å ~ ,. .. Q. - w 18 'II c · ë! íÕ I: >0- ¡ .a ~ 11..11- 11.- I: ",g C!] i S GI iii E ,¡.a ! Co" .. ES I: - '-JI I: o 0 · I: 0 U C 11.;, ~ GI " .. 0- JI .a GI &8~ I: o DI I: C !!. · E t:.; ~3 ;, lI'5 ()ID g ID 'II C .. III GI,S! ~ ~ I: S " .. - " c ID:' .c: :I 0 I! :e''' '- I: ;, II( = 1.-. II. - :I ,,; '- GlO:: .11- · Ii u III. t :a 'õ ~l 'II ~ Ii > 511. I: ã. "2 .5 - Co 1 III ID c: !i ..' :11 ID 0:: i OJ § JI_ .c: . ;; w u ;, ... m 00 'It ;11' ! j ::IE E i e .. ! E Q u :;) C.- € · I: :I c: ¡-.c: - 0 c: III ' Z 11.11. 01 ~I,ª 0:!!0 .. o ;, c: I- ...: E u.. :¥ u OJ ~ W ~i u u - ! ~ III OJ · ;, :I .c: - c: I: 0:: I ¡ o .. OJ ; 'Ë I- gJ! 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E I: I: 11.- III _ '- I: :ë >- ë E 1: 0 Q 01 Co [:I Q .. .. == Co :I'll 'C W III ... 8 ~ o I: I \I !5 .. ¡Æ Q I: Q U ID E~ - ~ .III ;; j '2 III ,5 .c: C I! 0 ! !t 'C - ;, :¡ E !t ... ¡ 'õ II. 1 U .i1 III 2 t! ë .. · ,~ 'õ ð :: I: Q :I · 5 ë ð OJ 0 - III E ~ ~ u .. -< ¡¡.. :I .III .c: Õ - 0 OJ - III III - > 5 ti ti E III OJ ID ::i ~ .5 ~ \I \I III ~ ~ .c: _ _ 'ë' 'ë' ü - ¥ ! OJ 'C ~,~ 11 ,¡,¡ 3 c.. c.. III Q I: c: e - ILW ..... ..... )( .c: III o II. i u 0 0 ii Q ~ ~ .!!! O() - I: i ¡ II. ë e !~ ¡: .i .1 o ë ~ i OJ W w Q. 0 ¡ ID Q 'õ .5 0 Iii C_ ~ j~ ! ~ ï ï ~ ~ .. ø o GI GI .! ~ 1 1 ~ 8 ë ë Q. .. ! - I! I! I! w E C E ß ~ CI ClUJ CICIO . e ! 0- ~ff !:§: íD z C) Z Z IL::' f") .... o N ~ cU ~ Ú ... = Q,) S ..c:: ~ < "<:t'~ ....J en \0 o Ó Z d Q,) S Q,) ä < ~ ¡.¡J o FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT - PART ill PROJECT PROGRESS REPORT Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Agreement Number: 06SL4 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0 FEASffiILITY 1.1 GEOTECHNICAL INVESTIGATION ',. 2.0 DESIGN AND PERMITTING 3.0 CONSTRUCTION 3.1 SAND DOLLAR SHORES DUNE RESTORATION DEP Agreement No. 06SL4, Attachment C, Page 3 of3 , ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Agreement Number: 06SL4 *1 hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 06SL4, Attachment C, Page 3 of3 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection 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 General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-B3, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection 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 ITom the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-I33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-I33, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-B3, 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 ofOMB Circular A-I33, as revised, the cost of the audit must be paid ITom non-Federal resources (i.e., the cost of such an audit must be paid ITom recipient resources obtained ITom other than Federal entities). DEP Agreement No. 06SL4, Attachment E, Page 1 of 5 · 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httD://12.46.245.173/cfda/cfda.html. PART II: STATE FUNDED This part is applicable ifthe recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received ftom the Department of Environmental Protection, other state agencies, and other nonstate entities. State fmancial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a fmancial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State fmanciaI assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid ftom the non-State entity's resources (i.e., the cost of such an audit must be paid ftom the recipient's resources obtained ftom other than State entities). 5. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://aDDs.fldfs.comlfsaal or the Governor's Office of Policy and Budget website located at http://www.ebudget.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/W elcome/index.cfm, Governor's Website http://www.myflorida.coml. Department of Financial Services' Website http://www.fldfs.comland the Auditor General's Website http://www.state.fl.us/audgen/pages/flsaa.htm. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-I33, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-I33, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. 06SL4, Attachment E, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), OMB Circular A-B3, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL4, Attachment E, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL4, Attachment E, Page 4 of 5 .... I Eo< .. = ~ ~ c:; ~ o ...;¡ ...;¡ o ¡,¡.. ~ ::I: ¡.... ¡,¡.. o ¡.... çn .. çn ~ u ¡.... ffi ~ ~ ~ (j < çn ..... ::I: ¡.... o ¡.... ¡.... ~ ~ çn ~ ~ p.. ¡.... ffi ..... p.. ü ~ ~ ¡.... o ¡.... o ~ ~ < ~ < çn o ~ ~ § ¡~ 4)._ 8 Š s.. Q) çne~ c..u ~ = = o = < .Ëf "0 = æ ~ = .¡ .s ~ 4) -= ... .... Q ... .~ fIJ = Q U ... = 4) E 4) 4) ~ < fIJ :ë ... Q ... ... = ~ = fIJ ", = ~ ... = 4) 'Q. 'ÿ ~ 4) -= ... Q ... 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S..li: E :tçns 4) 4) ~"õ~ ", ÞI) c..Q)<II < e 0 8 ~ o --- .~ U S ~ ~ ~ Q.) ~ =u.: 1! ~ Q <11"0 Q.) ... .§ c.. =- Q .2 ¡,¡.. ~ oS< Q.) Õ gofi~ ... ... .š~§ ¡¡¡U ~ Q.) ~=,ofi ,g §.S co .= "0 'Q.) "0 co "0 Q.) ëE = lQU- .~ (a 5 =:t:1 . Q.) <¡:¡ Q.) :s!~!a 1"'1 e""O - Q.) co . <II th~ = -d ON Q.) ... .'¡:¡ co c..~gtl ,=NQ.)§ ~S !au Q.) .. <II Q.) ... ª,"O ofi o = ~ 6 <E! .5 C-04-11-642 (WA #05) WORK AUTHORIZATION NO. 05 Professional Services Related to Dune Restoration for the Sand Dollar Shores and Dune Walk Project (R88.4 - R90.3) Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Coastal Technology Corporation (the "Consultant") dated November 23, 2004 and extended 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 IIC", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: COASTAL TECHNOLOGY CORPORATION BY: Print Name: Title: Date: H:/MSWORD/MISC/CTECH, WA05,2007 EXHIBIT" A" SCOPF, OF SF,RVICF,S Task Assignment 2007-1 Introduction: The Project entails the dune restoration of Sand Dollar Shores Condominiums located approximately between Florida State Monuments R-88 +400 feet south to R-90 +300 feet south. The construction of the dune restoration will entail work as outlined in S1. Lucie County Bid #07-001 and an approved S1. Lucie County Work Order developed under this scope of work. Sand Placement is expected to take about 15 total work days. The COUNTY has obtained an extension to the existing permit to complete the work as described above. Task 1- Work Order Documentation: CONSULTANT will prepare a draft work order for the dune restoration at Sand Dollar Shores Condominium which will include: (a) technical specifications for sand placement (b) estimated quantities (c) schedule of costs based on an awarded contract for S1. Lucie County Bid #07-001 - Emergency Dune Restoration (d) timeline for completion Task 2 - Construction Phase Services: For the construction phase of the Project, CONSULT ANT will provide Customary Services as generally identified in Section Al.0 & Al.05 of the "Standard Form of Agreement between Owner and Engineer for Professional Services" as prepared by the Engineers Joint Contract Documents Committee - issued and published jointly by NSPE, ACEC, and ASCE - 2002 edition (hereinafter referred to as Customary Services whereas Owner shall mean COUNTY). Construction is expected to be completed before March 1, 2007. Under Task 2 of the work, CONSULTANT will specifically: (a) perform daily site visits (up to 7 days per week) during construction to check construction for compliance with the FDEP permit and Contract Documents, (b) address questions from the COUNTY, FDEP, and Contractor, (c) provide weekly progress reports as to the status of the work, (d) obtain and analyze gradation, color, and carbonate of up to 15 samples of sand placed by the Contractor to check for compliance with the Contract Documents. Also under Task 2 of the work, CONSULTANT will (a) review the Contractor's completion documents, and (b) provide a written summary of observations, sample analysis results, and documentation of construction based upon CONSULTANT's work under Task 1. January 12,2007 t- o o H Ñ ~ "" ã ,..., ~ ø ~ - Ø'II\ ~ ø g: ø ãi ~ u.. c:: >:¡::Q)1!:E CC-o ,g ~&~~B'c:: ~OQ)¡-"c ~.... ~æ;;.;~S,g C ~o.!2 (JII) '..QøQ. f!ø" .- '" 0.... Q) "E! > (\ E"" 1;:: UJ ....., E N Q,a 0 'ãi...J.- :¡:: 0 '" Ø'II\ -._ .'¡: (f).>< 0 '0 ~ Q) g ::::I ~ \" ...... ..- (,) - -.;:;; c:: ... Q a:: 0 ._ ....0 I~ ..- UJ .~ ~ ~: -2 O/S If> :c .. " ........ 2:: CD c:: c:: .- v ø """-"-"......."'0 i5 f!! .2 ~!!! .... f!! m ""'-Ow (\ ¡¡j-- 0 CI:,w """'r,n ::s..:.:: (!!.o ~i!6 t)lI)eo . Ø'II\ :::.. 5!! Q f!! II) « Q g 'iií Q. I- .....~....w,.. OQ. !J>_ If>c::- ."",~-'¡'" J ß~mB8.~ ....., LL. ¡;;;: II) !!! ._ is e II) u. (/) ~ 0 ·-'0'00> ¡;;;: (f)1I)", .- ::::s (f) 8 ~ e EXHIBIT "C" PRO.mCT SCRF,DIn ,F, Task Assignment 2007-1 Task 1 services are to be completed by January 26,2007. Task 2 services are to be completed by March 15,2007. January 12,2007 C-04-11-642 (WA #06) WORK AUTHORIZATION NO. 06 Professional Services Related to Design & Permitting of the Southern St. Lucie County Shoreline Project Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Coastal Technology Corporation (the "Consultant") dated November 23, 2004 and extended 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", "8", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "8" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: COASTAL TECHNOLOGY CORPORATION BY: Print Name: Title: Date: H:/MSWORD/MISC/CTECH,WA06,2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services EXHIBIT" A" SCOPE OF SERVICES Task Assignment 2007-1 General: According to a report by the Florida Department of Environmental Protection (FDEP) titled "Critically Eroded Beaches of Florida", (dated April 2006), the southernmost 3.4 miles of S1. Lucie County shoreline (R98 to R115+ 1000) are critically eroded with development interests threatened (hereinafter the "Project Area "). In September 2004, S1. Lucie County suffered the impact of Hurricane Frances and Hurricane Jeanne within a period of 21 days; high waves and storm surge from the storms inflicted substantial damage on the shoreline, upland property, and infrastructure, including within the Project Area. In November 2002, the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "S1. Lucie County, Florida - Hurricane and Storm Damage Reduction Study" including the Project Area; this Study recommends that the "study proceed into the feasibility phase" for a Study area from just south of Blind Creek (R-77) to the Martin County Line. In 2004, the U.S. Army Corps of Engineers (USACE) initiated a Federal Feasibility Study of the Project Area but, due to limited funding, it has only partially advanced and remains less than 25% complete. The USACE intends to conduct a historic and cultural resources survey of potential borrow areas for the Project and has developed (a) an inventory of existing buildings and structures fronting the shoreline in the Project Area, and (b) an historical trend analysis based upon available historical profile data. Because a Federal project is not expected to be undertaken prior to 2012, S1. Lucie County is initiating this effort to develop an initial non- federal project to address the deteriorated shoreline and emergency conditions as soon as possible with parallel development of a federal Shore Protection Project to provide for future re- nourishment of the beaches within the Project Area. To implement a beach restoration program, it is necessary to work cooperatively with the USACE and FDEP to advance the project studies underway by the USACE, evaluate project alternatives, develop the project design, complete the necessary environmental investigations and associated Environmental Impact Statement (EIS), and obtain the necessary FDEP and USACE permits. The work under this Scope includes tasks necessary to advance and complete the Project design and obtain permits for Project construction. This Work Order includes the following tasks: Page 1 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services Task 1 - PLAN FORMULATION Task 1a - General Condition Assessment: As may be available, the COUNTY will provide COASTAL TECH with the following existing data in hard copy and digital format for the shoreline within 5,000 feet of the proposed Project (Project Area): a) controlled digital photography b) beach profile surveys c) hardbottom maps and characterization reports (CPE, 2006a) d) native beach sand sampling and analysis results (CPE, 2006b) e) other project or Project Area documents produced to date. For any existing and proposed offshore borrow areas previously identified by the COUNTY, the COUNTY will provide COASTAL TECH with existing data and reports, as may be available, in hard copy and digital format, including: a) geotechnical reports - with core logs, gradation curves, & bathymetry (CPE, 2006b) b) magnetometer survey reports and/or results (CPE, 2006b) c) Historic and Cultural Resources Survey Reports and/or archeological reports (expected to be provided by the USACE), and d) "post-dredging" surveys of borrow areas associated with prior nourishment events. COASTAL TECH will also contact the USACE to obtain available reports and studies completed pursuant to the federal Feasibility Study for the Project Area and FDEP to acquire available data, reports or studies relevant to the Project Area. Based upon the documents obtained from the COUNTY, USACE and FDEP, COASTAL TECH will also: a) summarize shoreline and volumetric changes along the shoreline of the Project Area from 1972 to present time via updating of the USACE's historical trend analysis to include the 2006 beach profile data set - forthcoming from FDEP, b) summarize estimated sand volumes required to maintain a stable beach, c) summarize available data for model calibration and verification purposes, d) prepare comparative plots of historical profiles of the beach and dune for representative profiles in the Project Area, and e) review and recommend updates to FDEP's April 2006 report titled "Critically Eroded Beaches in Florida" to incorporate summer 2006 survey data and specifically address (i) "recreational interests, wildlife habitat, or important cultural resources" that "are threatened or lost", and (ii) "gaps between identified critically eroded areas which, ... inclusion is necessary for continuity of management of the coastal system or for the design integrity of adjacent beach management projects." COASTAL TECH will assess the data and reports provided by the COUNTY, FDEP and the USACE, visit the Project Area, and provide a written summary of the data including: a) updated existing site conditions b) the nature, extent and adequacy of the existing data, and c) additional data needed for design and permitting of the Project - as may be provided by COASTAL TECH under a separate authorization. Page 2 of 16 January 2, 2007 Sf. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services COASTAL TECH, in coordination with the COUNTY, will host a Project Area Condition Assessment meeting with agency staff from USACE, FDEP, USFWS, NMFS, and FFWCC to review Project Area conditions, the sufficiency of available data, and the need, if any, for additional field investigations to document site conditions in the Project Area in support the project design and permitting processes. COASTAL TECH will solicit initial agency input on regulatory compliance matters (particularly, hardbottom impacts and mitigation methods), and conceptual alternatives that should be considered or eliminated. COASTAL TECH will prepare a written summary of Task la results and provide five (5) copies (including digital- electronic version in "pdf' format") of the written summary to the COUNTY, FDEP and USACE. Task lb - Alternatives Screening & Justification: COASTAL TECH will meet with COUNTY staff to: a) review the overall process/schedule for design and permitting of the Project b) present and review the written summary of Task I a results c) review agency input regarding project alternatives, hardbottom impacts and mitigation issues, and d) present a range of alternatives eliminated from detailed evaluation and the reasons for elimination. COASTAL TECH will prepare a Project Justification Document that identifies and describes the necessity and justification for the proposed Project including consideration of the public interest in shore protection and restoration and the potential impacts of the project, with particular attention to potential impacts to nearshore hardbottom resources. The report shall address compliance with Section 404(b)(I) of the Guidelines of the Clean Water Act and the "Public Interest Assessment" criteria cited in Section 373.414, Florida Statutes. The draft Project Justification Document will (a) be distributed to USACE and FDEP staff in advance of proposed pre-application conferences under Task Ic, and (b) serve as a foundation for the "Project Purpose and Need" section of the Environmental Impact Statement prepared under Task 5. Task lc - Planning Charette: COASTAL TECH will meet with the COUNTY and lead a planning charette (Public Workshop) to: a) explain the purpose of the Project, its schedule and expected outcome b) present a range of alternaþves eliminated from detailed evaluation and the reasons for elimination c) present the results of Tasks la and Ib d) invite and initiate public input relative to (i) Project purpose and need, (ii) Project design criteria, (iii) issues or concerns, and (iv) goals, and objectives and (v) preferred alternatives, and e) identify key stakeholders within the community. COASTAL TECH will prepare a draft press release for the charette. The COUNTY will complete and issue the press release. COASTAL TECH will prepare for and participate in the charette, and will prepare a written summary of public comments at the meeting. Page 3 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services Task Id - Pre-Application Conferences: COASTAL TECH will arrange, attend, and chair two pre-application conferences including COUNTY staff with (1) FDEP regulatory and project management staff, (2) USACE regulatory staff, (3) state commenting agency staff (FFWCC), and (4) federal commenting agencies (NMFS, USF&WS, EPA). In general, the purpose of the pre-application conferences shall be to: a) present the Project including results of Tasks la through lc b) further identify and refine issues and means to address these issues, c) further identify and refine requirements for obtainment of permits including: 1) form and content of the NEP A document, 2) alternatives to be addressed in the NEPA document, 3) supplemental field investigations to characterize existing nearshore hardbottom and other environmental resources, and d) confirm or revise the scope of subsequent tasks. COASTAL TECH will prepare a written summary (including digital-electronic version in "pdf' format") of each pre-application conference. Following the charette and pre-application conferences, COASTAL TECH will conduct a Project Team Workshop including COUNTY, FDEP and USACE staffs in order to: a) review the public comments b) review results of Tasks la through lc c) affirm or revise the remaining tasks within this Scope ofServžces. Page 4 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services Task 2 - DESIGN For each phase of design (Tasks 2a and 2b), COASTAL TECH will review the design with the COUNTY and make appropriate revisions as may be identified by the COUNTY. Task 2a - Preliminary Design: COASTAL TECH will confer with the COUNTY, USACE, and the commenting agencies to verify those alternatives to be evaluated in detail in Tasks 2 a through 2c. In addition to "no action", four (4) alternatives will be evaluated in detail including the following expected alternatives: a) beach fill with "no impact" to existing hardbottom ("avoidance" alternative) b) beach fill with minimum impact ("minimization" alternative) c) beach fill to restore the 1972 and/or 1986 shoreline. d) another alternative as may be identified in coordination with the COUNTY, USACE and commenting agency staff. Each alternative will include a dune feature and/or potential multiple test sections for "turtle- friendly" provisions to reduce impacts to nesting turtles and hatchlings. Based on the data provided by the COUNTY, for each alternative, COASTAL TECH will: a) evaluate the probable fill performance, including calculation of the projected ETOF accounting for wave transformations considering bottom friction and the potential modification of the bottom friction due to existing hardbottom, b) quantify potential impacts to nearshore hardbottom and other potential environmental resources, including pipeline corridor impacts, as described in Task 2b, c) calculate potential mitigation requirements based on FDEP UMAM procedures (and other functional assessment methods as may be prescribed by the USACE, NMFS or USFWS) and identify potential mitigation methods and mitigation areas, d) refine initial fill and re-nourishment interval and volume to maximize net benefits, e) design borrow area cuts to yield the fill volume requirements, 1) prepare an opinion of probable initial construction (including mitigation) and annual maintenance costs, g) identify pipeline corridors and potential pipeline impacts associated with pipeline placement, operation, and removal, and h) prepare 81/2" by II" drawings (plan view and cross-section) depicting the alternative. The performance of each alternative will be analyzed and evaluated based on (a) historical analysis of site conditions, (b) usual and customary analytical methods and (c) numerical models. Final selection of the models and/or other specific design tools will be made in collaboration with FDEP and USACE staff following the initial pre-application meetings. It is expected, however, that modeling efforts will include a) "SBEACH" (to assess fill "adjustment" for representative profiles) , b) "GENESIS" (to assess longshore transport, "spreading" and shoreline evolution), and c) "REFDIF" (to assess the potential impacts of dredging within the borrow area and analyze expected changes in wave heights associated with borrow area cuts). Page 5 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services Modeling will be undertaken with in accordance with the following: a) The wave transformation numeric modeling analysis will account for bottom friction due to the presence of hardbottom and the potential for modification of the bottom friction by fill placement. b) The calibration and verification of the models will be provided to the FDEP before employing the models in the alternative analysis, including identification of: (i) the model area, (ii) the model boundary condition, (iii) the grid resolution (distance between the model grids), and (iv) the computational time step to be used in the model. c) Historical shoreline data will be used to calibrate models as appropriate and cover a minimum of four separate years at intervals of at least two years. d) Calibrated parameters will be constant through the model verification and subsequent model simulation phases. The time frame for model verification will contain the most recent available data. e) To determine shoreline model effectiveness, principles of Foster (2002) will be applied with corresponding scatterplots; correlation and the regression coefficients will be provided to FDEP for acceptance. t) The final details of the modeling calibration, verification, and alternate design analysis will be provided as a separate appendices attached to the EIS. Task 2b - Preliminary Environmental Assessment: To delineate and quantify nearshore hardbottom resources and to provide a more complete understanding of hardbottom quality, functions, and values (including associated Essential Fish Habitat (EFH) and Habitat Areas of Particular Concern (HAPC», COASTAL TECH will develop and undertake a UMAM assessment (and other functional assessment methods as may be prescribed by the USACE, NMFS or USFWS) of nearshore benthic communities and potential impacts in the Project Area per F.A.C. Chapter 62-345 Uniform Mitigation Assessment Method. It is anticipated that additional field investigations will be necessary to adequately define existing benthic resources and fisheries - as may be identified by the regulatory agencies under Task 1; based on comments from the NMFS relative to this Scope of Services, it is anticipated that such additional field investigations may include characterization of the nearshore hardbottom communities via fish surveys and documentation of life stage history (including early life history stages); COASTAL TECH may provide these additional investigations under separate authorization. In anticipation of the requirement to mitigate for impacts to nearshore hardbottom resources, COASTAL TECH will obtain and review recent FDEP data, reports and permit drawings for hardbottom mitigation efforts is similar hardbottom-prominent areas. Based on the review and consultation with FDEP and the commenting agency staff - including NMFS - COASTAL TECH will confer with FDEP and commenting agency staff - including NMFS - to identify acceptable hardbottom mitigation techniques and practices, including successful mitigation designs and construction techniques, and to incorporate mitigation considerations into the Project planning process. Page 6 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services The USACE, under the existing federal Feasibility Study authorization, will complete historic & cultural resources survey of the Project Area and potential borrow areas, including coordination with the State Historic Preservation officer (SHPO). Upon receipt of the investigation data/report from the USACE, COASTAL TECH will identify 200' buffer areas around each historic site or shipwreck that is not relocated and ensure the buffer areas are incorporated into the Borrow Area dredge plan. Should the USACE be unable to complete the Historic and Cultural Resources Survey, COASTAL TECH may complete the work under separate authorization. COASTAL TECH will prepare an Environmental & Historic Resources Impact Assessment Document which will: a) document to location, quantity, and quality (including functions and values) of environmental resources in the Project Area and borrow areas, with particular attention to nearshore hardbottom resources, b) summarize probable environmental and historic resource impacts for each Project alternative, c) identify potential pipeline corridors, and potential hardbottom impacts to resources within the corridors, and d) identify, where required, potential mitigation quantities, site locations, mitigation techniques, and associated mitigation costs. The document will serve as the basis for the Environmental Consequences section of the Environmental Impact Statement (EIS) prepared in Task 5. Task 2c - Economic Analysis & NED Plan: In cooperation with the USACE and in accordance with ER-ll 05-2-100 (April 2000) and other federal planning guidance, COASTAL TECH will evaluate the probable annual costs and benefits of the Project in order to identify the National Economic Development (NED) PlanlNational Ecosystem Restoration (NER) Plan. In the cost/benefit evaluation, COASTAL TECH will seek to optimize the Project design to produce the greatest net economic and environmental benefits, while fulfilling the Project purpose and need. As provided in ER-l105-2-100, the optimization analysis will seek to ensure, to the extent possible, that the project will maximize national economic development (NED) outputs, increase ecosystem value (NER outputs) and fulfill the Project purpose and need in a manner consistent with protecting the Nation's environment. As described below, the Economic Analysis will include: a) Hurricane and Storm Damage Reduction (HSDR) Benefits such as: i. Land loss prevention due to nonnallong-tenn erosion and stonns ii. Upland structure damage/loss prevention (damage frequency curve) iii. Erosion Control Structures Damage Reduction iv. Public safety (for example, protection of roads) v. Benefits to downdrift properties, if applicable Page 7 of 16 January 2. 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services b) Recreation Benefits such as increased visitorship as a result of beach restoration, increased length of stay, increased expenditures during the visit, and increased tax receipts from tourists that would not otherwise occur without the project, and c) Environmental Benefits, including ecosystem restoration opportunities (NER outputs). COASTAL TECH will assess net benefit/cost ratio for up to four alternative fill templates as defined in Task 2a. Benefits will be detennined as described below: Storm Damage Reduction Benefits. COASTAL TECH will perfonn SBEACH analysis for each template to provide a basis to assess and quantify stonn damage reduction benefits for all properties or categories of properties in the project area. Under its existing federal Feasibility Study authorization, the USACE will also provide a structure inventory in the Project Area and assess the structures resistance to stonn damage. In accordance with USACE procedures, annual stonn damage reduction benefits will be estimated by COASTAL TECH based on probable annual damages for conditions with and without the project. Recreational Benefits. For each template, COASTAL TECH will calculate and analyze recreational benefits expected to be derived from the Project area. This analysis will generally include the following subtasks: a) Development of a Beach User Survey tailored to the Project Area, b) Conduct summer and winter Beach User Surveys with evaluation and interpretation of data, and c) Compilation of survey data and preparation of a recreational benefits report. The recreational benefits will be estimated by comparing the recreational value of the nourished beach to the value of the non-nourished beach. Personal interviews of beach users in the winter and summer seasons will be undertaken to account for differences between winter and summer beach users. A minimum of 400 beach users will be interviewed over a minimum of a five day period in each season. Beach users will be asked to value their experience on the beach by providing an estimate of their willingness to pay. The results of the seasonal recreational benefits will be used to extrapolate and total annual recreational benefits expected from the Project. Recreational values will also be calculated on a per square foot of beach basis -- both with and without the Project -- to facilitate evaluation and optimization of the Project design. Environmental Benefits. COASTAL TECH will refine the proposed initial fill, dune feature - including native dune plants, and re-nourishment interval, to optimize the design to (a) maximize net benefits, and (b) avoid and/or minimize impacts to environmental resources. In addition to potential recreational and environmental benefits, analysis of the NED/NER Plan will account for: (a) potential loss of or reduction in nearshore hardbottom habitats and the associated natural shoreline protection functions, (b) potential loss or reduction in recreational activities such as surf fishing, snorkeling, diving, and surfing, and (c) potential Page 8 of 16 January 2. 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services environmental loss of EFH HAPC - considered as permanent loss until mitigation and monitoring reveals otherwise. Based on the Economic Analysis described above, COASTAL TECH will identify the optimized NED Plan and a Locally Preferred Plan (LPP), if desired by the COUNTY. COASTAL TECH will prepare a Project Design Document summarizing the preliminary design analysis and the basis for the NED Plan and LPP, if any. COASTAL TECH will meet with the COUNTY and USACE to present and review the Draft Project Design Document, subsequently make revisions as required by the County, and provide fifteen (15) copies of the Design Document to the COUNTY. The Design Document will serve as a basis for the "Alternatives Considered in Detail" section of the Environmental Impact Statement prepared under Task 5. Task 2d - Final Design Plans & Specs: Upon obtainment of the FDEP and USACE permits and/or upon COUNTY issuance of a Notice-to-Proceed, COASTAL TECH will prepare 24" x 36" final design drawings, with Technical Specifications for the project as eventually permitted under Task 3. COASTAL TECH will prepare Contract Documents for bidding and award of a construction contract. The COUNTY will provide the "front-end" documents which shall be incorporated into the Contract Documents. The plan view drawing of the project shall include the beach fill and dune construction limits, hardbottom limits, pipeline easements, construction staging areas, and construction accesses. The drawings will also include the borrow area easement, construction details, typical sections for the fill construction template, finished grades, and any dune vegetation details. Page 9 of 16 January 2. 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services Task 3 - PERMIT APPLICATION Task 3a - Supporting Documents: COASTAL TECH will prepare and submit supporting documents required for the permit application. The supporting documentation necessary for the permitting process will be determined in association with state and federal agencies with jurisdiction over the project in the Task I c Pre-application meeting and Task 5b EIS Scoping Process. The supporting documentation will include: a) physical monitoring plan, b) sediment QAlQC plan, c) borrow area wave impact analysis results (developed under Task 2a), d) shoreline evolution model results (developed under Task 2a), e) pre-, during- and post-construction biological monitoring plan, including qualifications, f) turbidity monitoring plan and qualifications, including turbidity monitoring of hardbottom areas in proximity to the fill placement area, and g) Hardbottom Impact Mitigation & Monitoring Plan, including sedimentation monitoring for pre-, during-, and post-construction periods. If mandated by the FDEP, USACE or other federal agency with jurisdiction, the following supporting documentation may be prepared under separate authorization from the County: a) Supplemental Borrow Area Hardbottom Quantification & Characterization Report, b) Supplemental Nearshore Hardbottom Quantification & Characterization Report, c) Supplemental Cumulative Impact Assessment (CIA) Report, d) Essential Fish Habitat (EFH) Assessment Report, and e) Habitat Conservation Plan (HCP) for protected species Task 3b - Permit Applications: COASTAL TECH will prepare and submit applications for the FDEP and USACE permits and easements required for the Project including an "Application for Joint Coastal Permitting, Authorization to Use Sovereign Submerged Lands, and Federal Dredge and Fill Permit" and a Public Easement or Consent of Use for the proposed borrow area and pipeline route as appropriate. The application shall include the (a) permit sketches (preliminary design drawings) and Design Document prepared under Task 2a, (b) a sketch and legal description for the borrow area and pipeline corridor, and (c) geotechnical data formatted for inclusion in the ROSS database with the final geotechnical report - as appropriate and as prepared under the separately authorized Geotechnical Investigations Scope of Work. COASTAL TECH will request (a) that final design plans be a condition for issuance of a "Notice to Proceed" following agency review and acceptance and/or modification of the preliminary design, (b) a mixing zone within the fill area, and (c) a partial waiver of dredge fees for use of borrow material obtained from sovereign lands. COASTAL TECH will review the draft pennit application with the COUNTY and incorporate revisions as appropriate - prior to submitting the application to FDEP and USACE. Page 10 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services Task 4 - FDEP PERMIT PROCESSING Task 4a - FDEP Permit Processing: Subsequent to submittal of the pennit application, COASTAL TECH will serve as the COUNTY's agent for the pennit process. COASTAL TECH will proactively contact with FDEP staff to infonnally monitor the process, address staff questions, and facilitate agency consideration of the application. COASTAL TECH will verify the Joint Coastal Pennit Application processing fee amount and notify the COUNTY when payment is due to FDEP. As needed, COASTAL TECH will compile, clarify, and provide existing infonnation as may be requested by FDEP staff. COASTAL TECH will seek to negotiate pennit condition(s) for the project that are acceptable to the COUNTY. Task 4b - RAI & Meetings: For the purposes of this Scope, it is expected that FDEP will make two (2) requests for additional infonnation (RAI) and that three (3) meetings will be required with FDEP staff in Tallahassee to favorably conclude the pennit application. It is assumed that existing infonnation (including design details/analysis) will be sufficient to meet pennit application requirements with minor adjustments, clarifications, or analysis. If FDEP mandates additional surveys, reports, modeling analysis or and studies beyond those identified herein, COASTAL TECH will undertake these additional tasks under separate authorization if directed by the COUNTY. Task 4c - Erosion Control Line & Easements: COASTAL TECH will perfonn field surveys, prepare legal description, drawings, and a fonnal application for establishment of an Erosion Control Line (ECL) for the project shoreline. The drawing will include depiction of the ELC on controlled aerial photography (l" = I 00') of the project area - available from FDEP. COASTAL TECH will submit a draft ECL request to the COUNTY for approval prior to fonnal submittal to the FDEP. COASTAL TECH will address DEP staff questions and provide clarifications of the request as may be required to obtain DEP approval. COASTAL TECH will attend a public hearing by FDEP to address questions put forth by attendees at the hearing. Based upon data available from the COUNTY's Property Appraiser's office, COATAL TECH will compile a list of property owners within the Project area; the COUNTY shall verify the property owners via title search or via other means as may be deemed appropriate by the COUNTY. COASTAL TECH will prepare drawings and legal descriptions depicting proposed easements at each individual property in the Project area. COASTAL TECH will assist the COUNTY in obtaining easements from upland property owners to allow for placement and maintenance of fill and structures upland of the ECL. Page 11 of 16 January 2. 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services Task 5 - USACE PERMIT PROCESSING & NEPA COMPLIANCE The work under Task 5 includes production of a NEP A Compliance Documents (Environmental Impact Statement or EIS) to support favorable consideration of the Section 404 dredge and fill permit application for the St. Lucie County South Beach Restoration Project. The EIS and supporting work products are subject to specific federal oversight by the USACE, as lead agency, and review and comment by U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), Environmental Protection Agency (EPA) and the public. Comment and review by federal, state, and local government entities and review by the public may result in concerns and issues unanticipated by COASTAL TECH or the COUNTY. Control of the EIS schedule rests with the USACE as lead agency for the NEP A process. This scope of services is intended to include all tasks proscribed by the NEP A, CEQ regulations, and USACE regulations (33 CFR Part 325) for completion of an EIS that are not otherwise performed by the USACE. COASTAL TECH will represent the Project before USACE and federal commenting agency staff toward obtainment of the USACE permit and to negotiate an acceptable USACE permit for the project. Task 5a - USACE Permit Processing: Subsequent to submittal of the permit application under Task 3, COASTAL TECH will make informal contact with USACE staff to address staff questions regarding the application and project. COASTAL TECH will compile, clarify, and provide existing information as may be requested by the USACE to facilitate USACE processing of the application and identification of the need for a "Scoping Meeting" - as identified in Task 5b. Task 5b - EIS Scoping: In coordination with USACE staff, COASTAL TECH will prepare a draft "Notice of Intent (NOI) to Prepare an EIS" for publication in the Federal Register and COASTAL TECH will provide the draft NOI to the USACE for publication with mailing labels for interested parties identified by the USACE. COASTAL TECH will confer with USACE staff to expedite USACE processing and publication of the NO!. In preparation for the Scoping Meeting, COASTAL TECH will: a) consult with the USACE and commenting agencìes to conceptually identify the scope of the EIS based on comments received on the NOI, b) research and review federal rules and procedures governing NEP A and the EIS process, and c) confer with COUNTY and USACE staff to formulate an agenda for the Scoping Meeting, d) contact USACE, USFWS, EP A, and NMFS staff to assist USACE staff with scheduling and arrangements for of the Scoping Meeting, and e) prepare and distribute a preliminary EIS Scope Document for presentation at the meeting. COASTAL TECH shall attend the EIS Scoping meeting as scheduled by the USACE. COASTAL TECH will make a presentation describing the proposed Project and identifying known issues regarding the scope of the EIS. At this meeting, COASTAL TECH will seek to Page 12 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services clarify the EIS scope and resolve scoping issues raised in NOI comments. Following the Scoping meeting, COASTAL TECH will prepare a written summary of the meeting and revise the draft EIS Scope Document identifying specific issues to be analyzed and/or addressed in the EIS document, including any additional field investigation or environmental analysis necessary to support the EIS. The revised draft EIS Scope will be provided to the COUNTY, FDEP, the commenting agencies and USACE staff for review and acceptance. COASTAL TECH will confer with the COUNTY, USACE, and federal agencies as appropriate to review, revise, and finalize the EIS Scope. As may be warranted based on the scoping process, COASTAL TECH will prepare and provide to the COUNTY a detailed Scope of Work to address any required work elements beyond this Scope of Work. Task 5c - Preliminary Draft EIS: In general, COASTAL TECH will prepare a complete Preliminary Draft EIS document consistent with the EIS Scope concluded under Task 5b. The "Project Purpose and Need" shall be as developed under Task 1 - as refined in concert with Task 5b. The "Project Alternatives" shall be as developed in Tasks 1 and 2. COASTAL TECH will also prepare the "Affected Environment" and "Environmental Consequences" sections for inclusion in the Draft EIS based on data and reports supplied by the COUNTY or, if necessary, any supplemental field investigations or environmental reports mandated by the state or federal agencies or undertaken in Task 2. COASTAL TECH will reproduce and distribute the Preliminary Draft EIS in "pdf' fonnat to the USACE, NMFS, EP A, and USFWS, and other appropriate agencies, as identified by the USACE in its role as lead agency. COASTAL TECH will schedule and attend up to three interagency Preliminary Draft EIS review meetings to present the Preliminary Draft EIS draft and solicit comments on the content, fonnat, organization, and analyzes as presented in the Preliminary Draft EIS document. All participating agencies, including NMFS, will be invited to attend these joint review meetings. Based on agency review, COASTAL TECH will identify the data and/or analysis gaps raised by the agencies. COASTAL TECH will prepare a written summary of meeting discussions and comments. As may be required by the agencies, COASTAL TECH will conduct additional analysis and data collection under separate authorization. Task 5d - Draft EIS: COASTAL TECH will prepare a Pre-Publication Draft EIS document which shall incorporate the results of the interagency meeting under Task 5c. Compilation of the Pre-Publication Draft EIS is expected to be primarily administrative in nature and include such tasks as re-titling the report, footnotes, document references, and addition or expansion of select sections. COASTAL TECH will provide the USACE, COUNTY, NMFS, EPA, and USFWS with a digital copy in "pdf' fonnat - of the Pre-Publication Draft EIS. COASTAL TECH will provide for further reproduction and distribution as deemed appropriate by the USACE. COASTAL TECH will infonnally review and consult with the USACE, COUNTY, NMFS, EPA, and USFWS to refine and complete the draft EIS. Page 13 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services COASTAL TECH will schedule and attend one USACE meeting to present the Draft EIS, advise USACE staff of agency comments, and solicit USACE staff comment on the content, format, organization, and analyzes presented in the document. Based on USACE review and comments, COASTAL TECH will make necessary and appropriate revisions to the Draft EIS. COASTAL TECH will provide the USACE and COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' format - of the Draft EIS. The USACE will provide for further reproduction and distribution as deemed appropriate by the USACE in accordance with federal regulations. Task Se - Public Hearing & Comments: In accordance with applicable federal regulations and USACE guidance, COASTAL TECH will prepare and provide to the USACE a draft notice for publication in the Federal Register to announce the availability of the Draft EIS for a 45 day public review period and the public hearing on the document - with mailing labels for interested parties identified by the USACE. The COUNTY will identify and provide (a) locations where the Draft EIS will be available for public review, and (b) a date and location for the public hearing. COASTAL TECH will also provide the Draft EIS in a format acceptable to the USACE for posting on the USACE website. COASTAL TECH will prepare for and present the Draft EIS document at the public hearing scheduled by the USACE. COASTAL TECH will coordinate the public hearing agenda with USACE staff and prepare such exhibits, summaries or other materials to facilitate the public hearing process. In accordance with applicable federal regulations and USACE guidance, COASTAL TECH will compile and prepare a written summary of written and oral comments received on the Draft EIS during the public review period, including the comments received at the public hearing. In coordination with the USACE and the COUNTY, COASTAL TECH will prepare draft responses to all public comments individually or collectively, including drafts of any necessary and appropriate revisions to the Draft EIS. The draft response to comments and draft document revisions will be forwarded to the USACE staff for review and approval. COASTAL Tech will schedule and attend one meeting with USACE staff to review the draft responses. The purpose of this meeting will be to identify and advance appropriate revisions to (a) responsesto public comments and (b) the EIS document revisions. COASTAL TECH will make such revisions to the Draft EIS as directed by the USACE after consultation with and concurrence by the COUNTY. A revised Draft EIS will be produced incorporating the changes and the Public Comment and Response Appendix. COASTAL TECH will provide the Draft EIS in digital form to the USACE. COASTAL TECH will reproduce and distribute the revised Draft EIS to the USFWS, NMFS, EP A and other entities identified by the USACE. Task Sf - Final EIS (FEIS): To advance and complete the FEIS, COASTAL TECH will solicit input from the agencies as to appropriate revisions to the Draft EIS document. COASTAL TECH will prepare a written summary of the comments and compile the Draft FEIS document and distribute it to the USACE, FDEP, federal commenting agencies, and other key stakeholders. Compilation of the Draft FEIS is expected to be primarily Page 14 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services administrative in nature and include such tasks as re-titling the report, footnotes, document references, and addition or expansion of select sections. COASTAL TECH will coordinate with the USACE to schedule and host an initial interagency coordination and Draft FEIS review meeting to discuss necessary modifications, clarifications and comment responses. COASTAL TECH will schedule and attend up to three USACE meetings to present the Draft FEIS and solicit USACE comments on the content, fonnat, organization, and analysis in the document. Coordination with FDEP and the Federal commenting agencies will also be undertaken as needed. Based on the review of the document and comments from the USACE and other agencies, COASTAL TECH will make appropriate revisions and prepare the Final EIS. COASTAL TECH will provide the USACE and COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' fonnat - of the Final EIS. The USACE will provide for reproduction and distribution to agencies and the public in accordance with federal regulations. In accordance with applicable federal regulations and USACE guidance, COASTAL TECH will prepare and provide to the USACE a draft Federal Register notice announcing the availability of the Final EIS for public review and comment - with mailing labels for interested parties identified by the USACE. COASTAL TECH will also provide the Final EIS in a fonnat acceptable to the USACE for posting on the USACE website. COASTAL TECH will compile and tabulate all written comments received on the Final EIS during the public review period and evaluate these comments to detennine whether comments should be (a) incorporated into an appendix in the Final EIS, (b) addressed via a response to the commenter, or (c) addressed via a change in the Final EIS. COASTAL Tech will schedule and attend one meeting with USACE staff to review comments to conclude whether comments should be (a) incorporated into an appendix in the Final EIS, (b) addressed via a response to the commenter, or (c) addressed via a change in the Final EIS. In coordination with the USACE and the COUNTY, COASTAL TECH will prepare responses to all public comments individually or collectively, including drafts of any necessary and appropriate revisions to the Final EIS. The draft response to comments and draft document revisions will be forwarded to the COUNTY and USACE staff for review acceptance. No additional face-to-face meeting is anticipated to finalize the comments or revisions to the Final EIS. Upon USACE and COUNTY acceptance of the responses to public comments, COASTAL TECH will incorporate the responses into the Final EIS and provide the USACE and COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' fonnat - of the Final EIS. The USACE will provide for reproduction and distribution to agencies and the public in accordance with federal regulations. Page 15 of 16 January 2, 2007 St. Lucie County South Beach Design & Permitting Task Assignment 2007-1 Scope of Services Task 6 - PROJECT ADMININISTRA TION & COORDINATION Throughout the work, COASTAL TECH will maintain informal contact with COUNTY, FDEP, USACE, federal and state agencies and key stakeholders to address questions and advance the project through the Design and permitting process. Project administration will involve managing the project budget and schedule, notifying agencies and key stakeholders of the schedule, meeting, deadlines, and the timing and progress of work. As necessary to facilitate the effort, COASTAL TECH will coordinate the activities by all parties engaged in the work. COASTAL TECH will prepare and update a Microsoft Project Schedule as tasks and milestones are met. COASTAL TECH will meet with the COUNTY as may be requested from time to time. Page 16 of 16 January 2, 2007 I ~ ), m ¡¡5~'!: 1L &. i ~ 1!li~.·1 æ ft!l~õ I ~ æi.! ~ . --;~...- ~¡~-~-- ¡æ! ;~ . a~: II. i! .....g . J I¡ u iU;¡¡¡¡;$¡¡'~< .";¡. ... II 1Z. ,; ..Ii .~~ i.. · ft! ~& i ~ æi!! Sli =_._.';; ;1;-; .-. I .... .i! ....1 I.... "~u~ a.g. II J ~ . . ~! I. i'· !j ~ II 8 ~_. -1 ~. 8 i~~ ~!i:! 8 . . ~~ ... :!!i"". ,... AA:! .. ::t __ .' ::. ~..~.... ,. .:!!:!... .. ...... !!ii' ~. ~Wli .,. .. ",r=-.. .._~!:!.. .,.!. ..._ .. . =!-= 1.1 ......-::! .. " X_Alii .. ...........-...-----.. -! ....~.M. _.. ..._... ! i'a !~ ;¡ 11- ~'¡¡"' i. ~~ Ii~ I :1-1- : ":¡¡' ;¡¡; II § . ii~ iii " ¡¡ ;¡ -; . " " .. .. ;¡. . .. .. ... ... ... · ..~ . . I. · " ~~~.. -~~. .. ...-"'- ~_. " · .. ·i - "_M.. ~~.... a . . -$:1'-"-- '''" U ,.! ~" . . ·1 . " "- " ". a"·!i !!,. ~_..... -- ...- ..-...~. "". ". . ". - " u. !"." -"u. ~ - ~,. " ¡¡ " M, =! ..... ...- I_X .. uau " . -aM !!! ...- - - ,ï i" J 2 ·i. ...... ... ... ...._~. .... .! ~....=... .- a H II Exhibit "C" Project Schedule St. Lucie County Design & Permitting December 6, 2006 Nonce 10 I-'roceeo 'u""" January 15. 2007 $1.271 456 Task Description I 15..Jan-07 15-Feb-07 31 1a - Condition Assessment days obtain & assess existin~ data, oreoare summary - desi~ns, survevs & aerials summarize shoreline and volumetric chan~es summarize estimated sand volumes required summarize available data for model calibration oreoare comoarative plots of historical orofiles review and recommend uodates to FDEP Reoort ADril 2006 ·Criticallv Eroded Beaches' obtain & assess existin~ data, oreoare summary - aeotechnical obtain & assess existing data, prepare summary - environmental site visit - document conditions prepare written summary of conditions host Pro¡ect Area Assessment Meeting 15-Feb-07 1-Mar-07 14 1b - Alternatives Screening & Justification days meet wi COUNTY staff & written summary draft Justification document distribute draft document 15-Feb-07 8-Mar-07 21 1 c - Planning Charette days oreoare draft Dress release oreoare for and lead charette orepare written summary of public comments 8-Mar-07 29-Mar-07 21 1d - Pre-ADDllcation Conferences days Arrange meetings DEP/FFWCC - meeting & written summary USACElNMFS/USF&WS,EPA - meetin~ & written summarv revise SCODe & conceot prepare lor and conduct Project Team woncsnop w/l;UUN I y/FDEP/U::;Al;E 8-Mar·07 6-Jun-07 90 2a . Prellmlnarv Deslan days confer w/COUNTY/UASACElAGENCIES to verify altematives SBEACH & cross shore stability REFDIF Modelino GENESIS - calibration Evaluate Peñormance· Altemate Beach Fill Templates ootimize renourishment interval borrow area - cuts borrow area - wave Imoact analYSis dune veoetation desi~n opinion of probable cost environmental impacts permit sketches renourishment oDtimization hard bottom Imoacts - dioitlze aerials & mao hard bottom hardbottom imDacts - trend analYSis hardbottom impacts· alternatives nestin~ data nestin~ beach area Dreoare draft Desion Document meetin~ wi COUNTY Design Document - revisions & 15 cODies meeting with local community 7 -Apr-07 6-Jun-07 60 2b - Prellmlnarv Environmental Assessment days DreDare UMAM assessment obtain and review FDEP data, reports and permit drawings for harbottom mitiaation confer w/FDEP and commenting agencv staff to identity mitigation design identify 200' buffer areas around historical and cultural sites prepare Envimomental & Historic Resources Impact Assessement document 22-Apr-07 6-Jun-07 45 2c . Economic Analvsls & NED Plan days evaluate Drobable annual costs and benefits ootimlze Pro'eeI desi~n oeñorm ootlmization analYSis assess net beneiWcost ratio for alternative fill temolates identify oDtimized NED Plan and LocallY Preferred Plan LPP If desired bv COUNTY prepare Project Design Document - revisions & 15 copies 27 -Dec-08 17-Jan-09 21 2d . Final Deslon Plans & Soecs after after days oreoare olans USACE USACE uodate ooinion of probable costs permit permit soecs & Contract Documents '+ meetin~ wi COUNTY finalize plans & specs '......:",. ," Y;'{~,i!i I "...' ..",y; C, 7 -May-07 6-Jun-07 30 3a - Supporting Documents days physical monitoring plan biolooical monitorin~ plan harbottom imoact mitiaation plan orotected soecies protection Dlan sediment QAlQC plan 30-May-07 20-Jun-07 21 3b . Permit Application days nrenare draft aoolication borrow area easement drawinos intemal review meetina wi COUNTY revise & submit application 20-Jun-07 15-Apr-oe 300 4a . FDEP Permit Processlna days followups wi DEP staff 20-Jul-07 15-Apr-oe 270 4b . RAI & Meellngs days 1st DEP RAI & res onse 1st DEP meetin 2nd DEP RAI & resoonse 2nd DEP meetin 3rd DEP meetina 16-Jan-oe 15-Apr-oe 90 4c . Erosion Control Line & Easements days neñorm field surveys, nrenare leaal descrintions and drawings nrenare formal annlication for ECl & obtain COUNTY approval submit ECl aoolication to FDEP address DEP staff ouestions DEP oubllc hearino como]le list of orooertv owners within Proiect area & orovide to COUNTY Dreoare drawinas & leasl descriotions deoictina orooosed easements assist COU NTY in abtainina easements from upland property awners ,,' 20-Jun-07 1e-Oct-07 120 58 . USACE Permit Prcx:esslna days followuns wi USACE & "commenting" staff 1st USACE RAI & resoonse 1st USACE meeting 2nd USACE RAI & re&Donse 2nd USACE meetina 1e-Oct-07 2-Dec-07 45 5b . EIS Scoolna days draft NOI DreDaration for Scooina Meetina USACE Scooina meetina & written summmarv minutes & Draft EIS Scooe Draft EIS Scooe - work olan Interaoencv coordination - confer with COUNTY, USACE & agencies Interaaencv coordination - finalize EIS Scope 2-Dec-07 31-Mar-Oe 120 5c . Prelimlnarv Draft EIS days USACE Decision Altematives analvsis PD-EIS - Pro'ect & Aoolicant's Preferred Altematives Analysis PD-EIS - Affected Env, & Env'l conseauences ¡fill area & borrow area) PD-EIS - comoile and comolete document Interaaencv Review Meetinas (3 & summaries 31-Mar-Oe 29-Jun-oe 90 5d - Draft EIS days Draft EIS Informallnteraaencv Consultation Preo & Attend USACE Meetina Revise Draft EIS 29-Jun-Oe 27 -Sep-oe 90 5e - Public Hearlna & Comments days Federal Reaister Notice Preo & Attend Public hearing Summarize Public Comments Draft Resoonse to Public Comments Preo & Attend USACE Meetina Revise Draft EIS 27 -Sep-Oe 26-Dec-oe 90 5f - Final EIS days Interaaencv Coordination & Draft FEIS Review Meetina Draft Final SEIS USACE Meetina Revise Final SEIS Federal Reaister Notice Draft Resoonse to Public Comments USACE Meetina Resoonse to Public Comments FINAL EIS 'i 15-Jan-07 26-Dec-oe 711 coordination tasks days informal contact with COUNTY. FDEP, USACE et al uodate Proiect Schedule additional meetings, assessments, etc Total Hours : --------------------------------------------------ï'õiãiëõšiš:- C-04-11-642 (WA #07) WORK AUTHORIZATION NO. 07 Professional Services Related to Sand Search & Geotechnical Investigations for the Southern St. Lucie County Shoreline Project Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the IIDistrict") and Coastal Technology Corporation (the IIConsultant") dated November 23, 2004 and extended on December 12, 2006, (the IIAgreement"), 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 II Project Schedule" attached hereto and made a part thereof as Exhibits "A", "B", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: COASTAL TECHNOLOGY CORPORATION BY: Print Name: Title: Date: H:/MSWORD/MISC/CTECH,WA07,2007 St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope of Services EXHIBIT" A" SCOPE OF SERVICES Task Assignment 2007-2 Introduction: This Scope of Work entails an advanced sand-search investigation designed to identify borrow areas with a sufficient volume <±25 Mcy) of beach-compatible sand for nourishment of "critically eroded" segments ofSt. Lucie County (COUNTY) beaches (Specifically R98-RI15). This Scope of Work outlines a reconnaissance to plans and specs-level sand search investigation, for which the Scope and cost estimates will be updated as the project advances. This Scope of Work supplements the investigation by Coastal Planning and Engineering as identified in the report titled "South St. Lucie County Hurricane and Storm Damage Reduction Project - 2006 Offshore Geotechnical Investigations to identify Sand Sources" hereinafter referred to as the CPE Report (CPE; 2006). The CPE Report concludes: "The five borrow areas defined in this study contain an estimated 9.3 million cy of clean sandy sediments (less than 5% silt, little shell content and grain size range trom 0.3 to 0.7 mm)." The CPE Report also identifies that the "the native beach above the mean low water line (subaerial beach) contains a mean grain size of 0.42 mm, 0.82% silt and 1.09 sorting (poorly sorted sediments)." However, review of the geotechnical data indicates this CPE Report appears to over-estimate the available volwne of beach compatible fill whereas: a) The CPE volwne estimates are based upon a I foot buffer (page 27) between compatible and non- compatible sediment. Industry standards dictate a 2 foot buffer. When a 2 foot buffer is applied, both the average thickness and "footprint" of each potential borrow area is reduced significantly perhaps to ~ 5 Mcy. b) Chapter 62B-41 of Florida Administrative Code identifies that beach fill shall not contain: · "Greater than 5 percent, by weight, silt, clay or colloids passing the #230 sieve (4.0f)", or · "Greater than 5 percent, by weight, fme gravel retained on the #4 sieve (-2.25f)". Several cores cited in the CPE Report exceed these criteria. This Scope of Work seeks to provide for ±25 Mcy of beach compatible sand trom the following targeted offshore sand shoals (listed in order of priority with estimated volwne and reference; see Figure 1): · St. Lucie Shoal a) primary target in State waters - ~ 5Mcy; (see above; CPE 2006) b) secondary target in Federal waters - >23 Mcy, perhaps up to 248 Mcy; (Hoenstine and others 2002) · Pierce Shoal- 5 to 10 Mcy; (Meisburger and Duane 1971) · Capron Shoal- 65.4 Mcy; (Meisburger and Duane 1971) As Part of the initial effort within this Scope of Work, a detailed analysis of the CPE Report and corresponding data will be performed to identify the volwne of beach compatible fill within the potential borrow areas cited in the CPE Report- consistent with (a) Industry standards, (b) FDEP rules and (c) so as to avoid adverse impacts to known environmental resources surrounding the potential borrow areas. All work products will be generated consistent with USACE standards. The following describes the work: Page 1 of 10 January 2, 2007 St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope of Services Task 1- ADVANCED RECONNAISSANCE LEVEL INVESTIGATION PLAN Task 1a - Literature Review and Preliminary Environmental Assessment: In general, COASTAL TECH will review existing data and reports to identify potential sand sources that are expected to yield borrow material compatible with native beach sands. COASTAL TECH will review existing studies and reports as may be provided by the COUNTY or independently obtained by COASTAL TECH including but not limited to: 1. CPE Report 2. An examination of the Florida Department of Environmental Protection (FDEP) Reconnaissance Offshore Sand Search (ROSS) database 3. Hoenstine, R., Freedenberg, H., Dabous, A., Cross, B., Fischler, C., and Lanchance, M., 2002. "A geological investigation of sand resources in the offshore area along Florida central-east coast. Final summary report, Florida Geological Survey to the US Department of Interior, Minerals Management Services" 4. Freedenberg, H., and Hoenstine, R., 1999. "A geological investigation of the offshore areas along Florida's central-east coast. Part 1, Florida Geological Survey to the US Department of Interior, Minerals Management Services" 5. Hoenstine, R. and Freedenberg, H., 1995. "A geological investigation of the offshore areas along Florida's central-east coast. Annual Report Year 1, Florida Geological Survey to the US Department of Interior, Minerals Management Services" 6. Meisburger, E. and Duane, D., 1971. "Geomorphology and sediments of the inner continental shelf, Palm Beach to Cape Kennedy, Florida. Technical Memorandum No. 34. US Army Corps of Engineers, Coastal Engineering and Research Center". COASTAL TECH will also conduct a literature search through the University of Florida Coastal Engineering Archives, University of South Florida, Florida State University, the Florida Inland Navigation District, and the Florida Geological Survey to identify other existing reports and data, which may describe marine sediments within the region. COASTAL TECH will obtain and review readily available spatial environmental data in the offshore region of St. Lucie County proximal «1 mile) to potential borrow areas. COASTAL TECH will seek such data from USACE, FDEP, FMRI, FNAI, USFWS, NMFS/NOAA, and other sources. Environmental data shall include natural and artificial reefs, ocean dredged material disposal sites, shipwrecks, submarine cables, shipping lanes, fishing areas, freshwater springs, Essential Fish Habitat, and Aides to Navigation COASTAL TECH will prepare an Arc View GIS map illustrating the obtained environmental data; base map features (e.g., shoreline and county boundaries), bathymetry, and other spatial data files will be obtained in suitable digital fonnats (e.g., Arc View shapefiles, etc.) from the Marine Resources GIS maintained by the Florida Marine Research Institute, St. Petersburg, Florida. COASTAL TECH will analyze the available data, and based upon experience andjudgment, identify any potential borrow areas for which excavation and use of the borrow area would be expected to have an unacceptable significant impact to surrounding biological communities or resources. This analysis will be a conceptual basis for avoidance of these impacts. In concert with review of the CPE Report and other data, COASTAL TECH will analyze the seismic record, cores, sample analysis data, and bathymetry (to be provided by the COUNTY via CPE) to identify potential borrow areas that (a) meet industry standards, (b) are consistent with FDEP rules, and (c) avoid significant adverse impacts to known environmental resources surrounding the potential borrow areas. Page 2 of 10 January 2. 2007 St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope of Services Task Ib - Reconnaissance Level Investigation Plan: COASTAL TECH will prepare a Reconnaissance Level Investigation Plan using field and laboratory sand-search protocols designed to delineate potential borrow areas, as identified in Task la (above), containing approximately 25 Mcy of beach compatible sand. The Reconnaissance Level Investigation Plan will include a description of the Plan rationale. This Plan will be consistent with the U.S. Anny Corps of Engineers (USACE) Engineer Manual titled "Beach Fill Design" (EM 1110-2-330 I dated 5/31/95) which identifies that: "A sufficient number of cores of potential borrow sites should be obtained to thoroughly define the stratigraphy and sediment characteristics". The Reconnaissance Level Investigation Plan will include a description of the proposed field plan, laboratory analysis of vibracores and representative sediment samples, compatibility analysis, and a reporting fonn and fonnat as customarily required to (a) sufficiently define borrow areas for construction, and (b) fulfill FDEP Joint Coastal Pennit requirements. The Plan will also include an updated Scope of Work and Cost Estimate to complete the sand search for the COUNTY. COASTAL TECH will meet with the COUNTY and FDEP staff to present and review the Reconnaissance Level Investigation Plan and to identify revisions as may be deemed appropriate by the COUNTY and FDEP staff. The Consultant will then revise the Advanced Reconnaissance Level Investigation Plan to incorporate these revisions. Task 2 - ADVANCED RECONNAISSANCE LEVEL INVESTIGATION Task 2a - Borrow Area Field Investigation: Based upon preliminary review of existing documents by COASTAL TECH, a preliminary reconnaissance level field investigation is described below as the basis of this Scope of Work for budgetary purposes. At present, the principle target of this investigation will be S1. Lucie Shoal (Figure I), although secondary targets may be included in the Reconnaissance Level Investigation Plan. Note that the work described below is subject to review and approval by the COUNTY and FDEP staff of the Reconnaissance Level Investigation Plan developed in Task I. COASTAL TECH will obtain as many as 21 twenty-foot vibracores (Table I) using the R/V Atlantic Twin via sub-contract with Alpine Ocean Surveys or alternate sub-contractor as may be accepted by the COUNTY and FDEP. The precise location of each vibracore will be detennined during fonnulation of the Reconnaissance Level Investigation Plan. These locations may later be modified in the field after review of real-time bathymetric and vibracore data to ensure each site is optimally positioned. Vibracore locations will be detennined by a Real-Time Kinematic (RTK) GPS system. FDEP designated control points will be utilized whenever available. To ensure that survey control and accuracy standards shall be consistent with Department specifications, a report from the surveyor will be submitted certifying that the survey meets BBCS Technical Standards established in Part ILA of the BBCS Monitoring Standard for Beach Erosion Control Projects and minimum technical standards of Chapter 6IGI7-6, Florida administrative Code. Vibracore operations shall include a fully founded crew, vibracore technicians, a pneumatically operated vibracore rig (and ancillary equipment) with 4 inch pipe fitted with clear plastic liners of3 7/8" OD x 3 5/16"!D. Core penetration depth and rate will be monitored and recorded continuously. In the event full penetration cannot be achieved, penetration to 80 percent of the desired core depth at each core location will be considered adequate to satisfy the requirements of the contract, provided that the recovery is at least 80 percent ofthe penetrated depth. In the event that refusal is encountered prior to achieving the desired depth, a hydraulic jetting technique will be used to compliment a second run and to optimize the probability of achieving core penetration to the desired depth. In any event, three attempts will be considered to have completed the core at a given site. The cores, each contained in a clear plastic liner, will then be removed from the 4" diameter drill pipe. Each encased core will be labeled, cut into five-foot sections, and retained on board until the vibracoring component of the work is successfully completed and the vessel returns to port. Page 3 of 10 January 2. 2007 St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope of Services T bl 1 V'b d S d' S Ad dR L II a e - I racore an e Iment amol es - vance econnalSsance eve nvestieatlon Area 10 ft 20 ft Sediment Comments cores cores Sa moles Offshore 0 21 126 3 samoles/lO ft section Native beach na na 50 5 samples/lO monuments Task 2b -Native Beach Field Investigation: COASTAL TECH will obtain representative native beach samples along ten (10) profiles within the critically eroded area of south COUNTY beaches (R-88, R-91, R-94, R-97, R-IOO, R-I03, R-I06, R-I09, R-112, and R-115). Samples will only be obtained in locations that have not undergone artificial fill projects in the past, to ensure sampling of the true native beach. At each shore- nonnal (cross-shore) transect, a surface grab sample (about 5" penetration) will be obtained from the following cross-shore locations: (1) toe of dune, (2) mid-berm, (3) top of foreshore slope, (4) approximate mean high water, and (5) approximate mean low water, and at the approximate -5', -10', and -15' MLW contours. A total of 50 sediment samples will be collected if all stations can be occupied and yield unconsolidated material (Table 1). All native beach samples will undergo sediment analyses outlined in Task 2c. Task 2c - Core Logs & Sediment Analysis: Upon return from sea, the vibracores will be transferred to COASTAL TECH's Coastal Sedimentology & Geology Laboratory. Unopened 5-foot vibracores sections will be split along the long axis and described by a qualified technician based on visual observation utilizing ENG Fonn 1836 in accordance with USC tenninology and USACE fonnats. This description will include textural and compositional characteristics, as well as Munsell color. COASTAL TECH will obtain sediment samples (averaging 3 samples per ten-foot vibracore segment; Table 1) from the major sediment horizons within each core for gradation analysis. COASTAL TECH will provide digital color photographs of the split vibracores referenced to an 18% gray card. After completing core descriptions and photography, each vibracore shall be boxed in such a way to minimize disturbance of the sample core layering. Vibracore boxes will be constructed in accordance with USACE specifications. Boxed vibracores will be stored at COASTAL TECH's Coastal Geology & Sediments Laboratory (for as long as one year) until arrangements may be made to transfer them to a pennanent facility (i.e., USACE Jacksonville or FDEP Tallahassee warehouse). Gradation analysis of sediment samples will be conducted by sieving and the results plotted using gradation curve USACE ENG Form 2087. The sieve analysis shall be conducted in a minimum of 1/2 f intervals ranging in size from -4 f to 4 f. This shall include the following 19 sieves given in phi sizes: 4f, 3.75f, 3.5f, 3 f, 2.5 f, 2 f, 1.5 f, 1 f, 0.5 f, 0 f, -0.5 f, -1 f, -1.5 f, -2 f, -2.25 f, -2.5 f, -3 f, -3.5 f, -4 f . The gradation plot shall also include a USC description. If a sample contains fines greater than 12% passing the #200 sieve, the description will be based upon the visual observations of a qualified technician. These data will be compiled using FDEP gINT protocol. Sediment composition, based upon analysis of a bulk sample split, shall be quantified for each vibracore sample using the Loss On Ignition (LOI) method. This method determines the weight percent total organic, carbonate, and non-combustible (-siliciclastic) material. Samples will be classified by Munsell color. These data will be incorporated into the Excel Spreadsheet following FDEP protocol. All sedimentological data will be transferred to FDEP, in gINT fonnat where applicable, for incorporation in the ROSS database. Through glNT, incorporating the FDEP ROSS Library, granulannetric tables and frequency distribution curves will be produced for each sediment sample analyzed. The granulannetric tables shall include the 1) sieve number, 2) sieve diameter in nun, 3) sieve diameter in phi units, 4) weight retained Page 4 of 10 January 2. 2007 St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope oj Services on each sieve, 5) weight percent retained per sieve, 6) cumulative weight retained per sieve, and 7) cumulative weight percent retained per sieve. All weights will be recorded to the nearest O.Olg. Descriptive statistics includeing mean (in phi and mm), median, sorting, skewness and kurtosis will be calculated using the Moment method and included in the table. Additional characteristics such as Munsell color, USC Classification, percent fines, and percent organic and carbonate content will also be included in the table. Task 2d - Borrow Area Delineation and Compatibility Analysis: All sedimentological and stratigraphic data will be summarized in either gINT files or MS ACCESS spreadsheets using templates known to be acceptable to FDEP staff. The summary spreadsheet will contain the following infonnation: · Core identification number & Sediment sample elevations · Weight percent- (a) gravel, sand, fines (mm & phi), and (b) organic matter, carbonate, & siliciclastic · Descriptive statistics using the Moment method (i.e., mean, median, standard deviation), use classification & Munsell color Using this data, COASTAL TECH will prepare stratigraphic (a.k.a "geologic") cross sections using vibracore logs obtained from sites targeted in each potential borrow area. The cross-sections will include reference to surface bathymetry, maximum depth of cut and lateral extent of significant (>0.5 ft thick) beach compatible sand layers. Plan view maps of prospective borrow areas will be prepared in Arc View GIS and include the location of each core, bathymetry, proposed horizontal boundaries of each borrow area, and fill thickness (a.k.a., isopach map). All associated shapefiles will be provided to the FDEP for inclusion in the ROSS database. The tabular summary described above shall be amended to distinguish between compatible and non- compatible sediment. A compatibility analysis will be perfonned whereby beach-quality sediment identified in the vibracores will be compared with native beach samples with respect to sediment texture, composition, and color. COASTAL TECH will utilize the USACE ACES program to estimate textural compatibility, where by (1) composite sample means and sorting are calculated for the native beach and proposed borrow area and (2) the overfill ratio and renourishment factor are estimated. The compatibility of potential borrow area sediment will also be qualitatively assessed using the visual observations of a Registered Professional Geologist. This compatibility assessment will include a comparison of sediment texture, as well as composition, and color. Task 2e - Wave Impact Analysis: To assess the potential impacts of dredging within the borrow area, COASTAL TECH will employ the model "REFDIF" to analyze expected changes in wave heights associated with borrow area cuts; final selection of the models andlor other specific design tools will be made in collaboration with agency staff following the initial pre-application meetings. COASTAL TECH will assess the sediment transport potential along the shoreline based upon average wave conditions and stonn conditions. In concert with the COUNTY, COASTAL TECH will identify acceptable thresholds to be applied to prospective borrow areas for rejection or selection for further investigation under Task 3. Task 2f - Reconnaissance Level Report: COASTAL TECH will prepare a preliminary Reconnaissance Level Report summarizing the results of Tasks 1 and 2 as described in this preliminary Scope oJWork. The report will also include a detailed description of COASTAL TECH's proposed Plans & Specs Level Investigation Plan intended to yield sufficient data for design, pennitting, and construction ofa proposed beach nourishment project. COASTAL TECH will provide five (5) copies (including digital-electronic version in "pdf' fonnat") of the preliminary Reconnaissance Level Report to the COUNTY, two (2) copies to FDEP, and two (2) copies to USACE. COASTAL TECH will meet with the COUNTY, FDEP, and USACE staff to review the report and to identify any revisions to the recommended Plan for Task 3 services. Task 2g - Administration, DistrictlFDEP Coordination: TI1roughout the progress of work under the above tasks, COASTAL TECH will manage and coordinate the project team's internal efforts and maintain infonnal contact with the COUNTY, FDEP and USACE staff. Infonnal contact includes meeting with the COUNTY Page 5 of 10 January 2, 2007 St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope oj Services project manager, telecommunications, email correspondence, written monthly progress reports, or similar activities not involving (a) the development of special graphics or sophisticated computer-assisted presentations or (b) travel outside the project area. COASTAL TECH will initially prepare a MicroSoft Project Schedule and update its contents as project tasks and time-line milestones are achieved. Interim work products will be provided to the COUNTY, FDEP and USACE staff for review, discussion, revision, and acceptance. The COUNTY, FDEP, USACE or COASTAL TECH may request a fonnal review meeting at any time. COASTAL TECH will request and obtain FDEP and MMS pennits as may be appropriate. Task 2 Deliverables Task 2 deliverables shall include: · 21 Archive core sections for storage at FDEP location · Reconnaissance-level investigation report to include: o gINT -generated native beach sample granulannetric curves and tables in pdf fonnat o V ibracore photographs in pdf fonnat o gINT-generated Vibracore logs in pdffonnat o gINT-generated Vibracore sample granulannentric curves and tables in pdffonnat o gINT-generated stratigraphic cross-sections of the potential borrow area in pdffonnat o All maps depicting potential borrow area location and vibracore locations in pdf fonnat o Additional report data including borrow area compatibility analysis and wave impact analysis in pdf fonnat · All gINT project files produced · All Arc View shape files produced, including borrow area boundaries, and vibracore locations Task 3 - PLANS & SPECS LEVEL INVESTIGATION Based upon preliminary review of existing documents by COASTAL TECH, a preliminary "plans & specs" level field investigation, targeting S1. Lucie Shoal (Figure 1), is described below as the basis of this Scope oj Work for budgetary purposes. Subsequent to COUNTY and FDEP staff acceptance of the Plans & Specs Level Investigation Plan under Task 2e, COASTAL TECH will conduct the following fieldwork. Task 3a - Bathymetric Survey: The bathymetric survey will be perfonned via sub-contract with Morgan & Eklund. An estimated 305 line miles of bathymetric data will be acquired during this survey. An RTK GPS will be utilized during the survey to accurately record track-line position including the use of FDEP control points. Prior to perfonning the offshore surveys, Morgan & Eklund, Inc. will install one or more submersible tide gauges referenced to the North American Vertical Datum of 1988 (NAVD 88). These gauges will be located directly landward of the project area and will run continuously throughout the duration ofthe offshore survey measuring water surface elevations at 10 minute intervals. These water surface elevations will then be used to reduce the sounding data to elevations. The 65 ft survey vessel "Aqua Quest" will obtain sounding data using a Trimble RTK GPS or a Trimble Real- time Differential GPS System, Hydrotrac Digital Fathometer, TSS Motion Compensator and Hypack Navigation Software. The vessel will be calibrated for draft and for the offset between the GPS antenna and the fathometer transducer. At the beginning and end of each survey day, the fathometer will be calibrated by lowering a bar suspended by cables to varying depths and adjusting the fathometer readings to compensate for variations of the speed of sound in water due to variations in temperatures and salinity (Barcheck). Profile lines through each proposed borrow area will be spaced at 100 ft intervals and soundings will be Page 6 of 10 January 2, 2007 St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope oj Services collected at 50 ft intervals along the profile line with position, date, time and sounding recorded on the computer in Hypack format. All profile lines will include a 600 ft proposed borrow area boundary buffer. Post processing of the bathymetric data will include reducing the soundings to elevations by applying the tide corrections trom the submersible tide gauges and applying the heave, pitch and roll compensation trom the TSS Motion Compensator readings. An experienced technician will be onboard during surveying to ensure the data is reliable and to tune and calibrate the equipment as necessary. The survey will be performed using procedures acceptable to FDEP and meeting USACE standards. The CONSULTANT will analyze and interpret the data to prepare bathymetric charts with track lines and vibracore locations superimposed. To the extent appropriate, vibracores will be sited along tracklines to allow for maximum interpretation of the borrow area stratigraphy. The data and data files will also be arranged according to the standard FDEP data file format and will include all of the information required by that format. Data files and two (2) copies of the charts will be provided to COUNTY and the FDEP. To ensure that survey control and accuracy standards shall be consistent with Department specifications, a report trom the surveyor will be submitted certifying that the survey meets BBCS Technical Standards established in Part ILA of the BBCS Monitoring Standardjor Beach Erosion Control Projects and minimum technical standards of Chapter 61GI7-6, Florida Administrative Code. Task 3b - Seismic Survey: Sub-bottom profile data will be collected and analyzed for acoustic reflectors and anomalies that can indicate the presence and quantities of beach re-nourishment resources. COASTAL TECH will sub-contract with Morgan & Eklund to conduct the surveys through each proposed offshore borrow area. The surveys will be conducted along approximately 320 track-line miles collected on 100 ft centers and to include an appropriate potential borrow area boundary buffer. Sub-bottom Profiler data will be collected using an EdgeTech Model 512i Full Spectrum Chirp Towfish driven by an X-Star Topside using Discover Sub- bottom software. The seismic imagery will be geo-encoded using the towfish position supplied by the Hypack Navigation computer and stored in the EdgeTech native .jsfformat on the hard drive. Hard copy profiles will be recorded to thermal plastic film using an EPC Labs HSP-IOO high speed Thermal Recorder. Data will be collected at a frequency range selected during the setup of the system at each borrow site. Available trequencies of the Model 512i span 500Hz to 12Khz. The data sampling rate of the Model 512i for this application is typically 8 to 12 samples per second. Analysis of the profiles aided by vibracore samples etc. typically results in the production of isopach charts delineating sediment thickness and quantities. Stored electronic data will be converted to standard SegY files (.sgy) and processed into HTML / Jpeg files (HTMLs). HTMLs open in generic web browser software and display the velocity corrected profiles with an active local grid (FL State Plane) and geographic coordinates (Lat. Lon.) matched to the cursor position. Pertinent seismic horizons and vibracore data can be digitally highlighted and annotated. The X-STAR Full Spectrum Sonar is a versatile wideband FM sub-bottom pro filer that collects digital normal incidence reflection data over many trequency ranges. This instrumentation generates cross-sectional images of the seabed (normally to a depth of 50 feet in the case of this survey). X-STAR transmits an FM pulse that is linearly swept over a full spectrum trequency range (also called a "chirp pulse"). The tapered wave form spectrum results in images that have virtually constant resolution with depth. The SB-512i, the latest model of the EdgeTech suite of Chirp Full Spectrum Sub-bottom towfish, differs trom its older version (the SB-512) by having one 13" diameter low-trequency transducer dubbed "Shamu" and one 6.5" diameter high-trequency transducer. The original 512 system had four 6" diameter transducers. The new low trequency transducer provides more low frequency energy at all pulse settings, which allows deeper penetration of seafloor sediments while at the same time maintaining the high resolution of the original configuration. Page 7 of 10 January 2, 2007 St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope of Services The Chirp systems have advantage over 3.5 khz and boomer systems in sediment delineation because the reflectors are more discrete and less susceptible to ringing from both vessel and ambient noise. The full wave rectified reflection horizons are cleaner and more distinct than the half wave rectified reflections produced by the older analog systems. Because the model SB-512i tow vehicle weighs over 400 pounds, deployment must be accompanied by a sufficiently large vessel equipped with a davit or crane. It has been our experience, however, that SB-512i transducers achieve deeper penetration through sands than do smaller (and lighter) higher frequency towfish which are easier to deploy. The SB-5l2i frequency range thus generates a very high-resolution image of the sub-bottom stratigraphy in sand to a depth of20-50 feet below the sediment/water column interface, which are the typical depths of interest for sand searches. It is anticipated that a federal permit from MMS will be required as they consider the 5l2i to be a potential threat to marine mammals. MMS may require a certified marine mammal observer be aboard the survey vessel. If so, Coastal Tech will sub-contract for these services through Morgan & Eklund. Task 3c - Vibracores: The FDEP will be contacted during the vibracore planning phase in an attempt to coordinate vibracore acquisition with FDEP availability. The number of vi bra cores proposed under Plans & Specs Level Investigation is based upon the assumption that each shoal will contain a surficial sand layer averaging 7.5 feet in thickness. A "survey block" is then defined as a 2,000-foot (across shoal) by 6,000-foot area as illustrated in Figure 2. Each survey block is then assumed to yield approximately 3.4 mcy of beach compatible sand. To successfully locate 20.0 mcy of beach compatible sand offshore of S1. Lucie County, seven 2,000-foot by 6,000-foot blocks must be identified. This will require as many as 98 ten-foot and 35 twenty-foot vibracores (Table 2). Shoal vibracoring will consist of a mixture of twenty-foot (on shoal axis) and ten-foot (on shoal flanks) lengths obtained on 1,000-foot centers within a 2,000 by 6,000-foot survey block (Figure 2). As defined, fourteen (14) ten-foot and five (5) twenty-foot vibracores will be acquired within each survey block (Figure 2). Methods of vi bra core acquisition and field preparation are described in Task 2a above. T bl 2 V'b dS d' tS PI &S L II a e - . racore an e .men amples - ans .1Jecs eve nvest'f!atlOn 10 ft 20 ft Sediment Area cores cores Samples Comments Offshore 98 35 504 3 samples/10 ft section Task 3d - Core Logs & Sediment Analysis: COASTAL TECH will log the cores, obtain sediment samples, provide color photographs of split cores, characterize the color of each major sediment horizon, box and store the cores, and conduct gradation analysis of sediment samples - in accordance with methods described for Task 2c above. Task 3e - Borrow Area Delineation & Compatibility Analysis: COASTAL TECH will refine potential borrow area boundaries, as initially defined in Task 2d above, using the data acquired in Tasks 3a and b. This delineation will be based upon the methodologies described in Task 2d. The boundary maps will also incorporate applicable results of side-scan (i.e., hardbottom) and magnetometer (i.e., "mag hits") surveys as identified in Task 3fbelow. Page 8 of 10 January 2, 2007 . St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope of Services Task 3f - Cultural Resources & Magnetometer Survey: The Cultural Resources and magnetometer surveys will be perfonned by the USACE Jacksonville District to collect and analyze targets and anomalies that could possibly be associated with historic resources on and below the seafloor. SCUBA divers may be used to investigate significant magnetometer anomalies and delineate buffer zones within each of the proposed borrow areas. The District will provide coordinates for "mag hits". Buffer zones will be mapped on each potential borrow area drawing by COASTAL TECH to facilitate the avoidance of these features during dredging operations. The District will also (a) prepare a historic cultural resource report - prepared by a professional archeologist and submit the report to the State Historic Preservation Officer (SHPO) for approval, and (b) contact SHPO to detennine the status ofSHPO review and to address any questions that may arIse. Task 3g Side-Scan Sonar Survey: A side-scan sonar survey will be conducted within 1,000 feet of each proposed offshore borrow area along track-lines at 100 foot centers (approximately 320 track-line miles). Data will be collected using an EdgeTech Model 4200-FS digital chirp system. The side-scan imagery will be geo- encoded using the towfish position supplied by the Hypack Navigation computer and stored in the EdgeTech nativeJsffonnat on the hard drive. Task 3 h - Final Geotechnical Report: COASTAL TECH will prepare a final report summarizing all Task 3 results. Five (5) copies (including digital-electronic version in "pdf' format") of the Final Report will be provided to the COUNTY, two (2) copies to the FDEP, and two (2) copies to the USACE. COASTAL TECH will meet with the COUNTY, FDEP, and USACE staff to review and revise this report. Task 3i - Administration, DISTRICT/FDEP Coordination: Throughout the progress of work associated with each of the above tasks, COASTAL TECH will manage and coordinate the project team's internal efforts and maintain infonnal contact with the COUNTY, FDEP, and USACE staff. Infonnal contact includes meeting with the COUNTY project manager, telephone communications, email correspondence, written monthly progress reports, or similar activities not involving (a) the development of special graphics or sophisticated computer-assisted presentations or (b) travel outside of the project area. COASTAL TECH will maintain the MicroSoft Project Schedule and update its contents as project tasks and time-line milestones are achieved. Interim work products will be provided to the COUNTY, FDEP, and USACE staff for review, discussion, revision, and acceptance. The COUNTY, FDEP, USACE or COASTAL TECH may request a project review meeting at any time. COASTAL TECH will request and obtain FDEP and MMS permits as may be appropriate. Task 3 Deliverables Task 3 deliverables shall include: · Bathymetric files in appropriate FDEP fonnat · Two (2) copies of the bathymetric chart(s) · HTML files of the seismic data, and an Arc View shapefile of seismic tracklines · Archive sections of all Plans and Specs-level vibracores acquired for storage at FDEP location · Final geotechnical report to include: o All Plans and Specs-level vibracore photographs in pdf fonnat o gINT -generated vibracore logs for all vibracores acquired in pdf fonnat o gINT -generated granulannetric curves and tables for all vibracore samples acquired in pdf fonnat o All Maps depicting potential borrow area boundaries, "mag hits", cross-section locations and vibracore locations in pdf fonnat Page 9 of 10 January 2, 2007 # St. Lucie County Sand Search - Geotechnical Investigations Task Assignment 2007-2 Scope of Services o An assessment of potential borrow area compatibility · All gINT project files produced · All Arc View shape files produced, including borrow area outlines, vibracore locations, and "mag hits" · All additional files suitable for inclusion in the ROSS database, including core photograph jpegs, seismic line jpegs including timestamp annotations and coordinates, and seismic trackline jpegs. 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SI6 1*10'_ ,.,......-.........·IAbC..... ,..,........~.fWdCO.. (1110'_...... :5 (2120'_...... . .........._ PI s.mp.AIWpif......-&USC.lOl.....ODIIIf. IllS........... (.)"CoNLag"WIduMI.....IDIre.~............. IDI ....10'_ ~JrCIudMI ..wlnt SI!i 100core ., Exhibit "C" Project Schedule Notice To Proceed 29·Dec.o6 St. Lucie County Sand Search· Geotechnical Investigations December 6, 2006 Task Descr1ntion -12 ~'" 29-Dec.()6 13-Jan-07 15 1.· U"r"u" RevIew and PreUmlnarv Inve..ia"kÞn days review .ldstinn ranntt. lileflllure se.-ch - UFo FINO, FOS. USF. F$U obtain & review environment. dat8 prep.. GIS map IlluIlr...-.g environmental date .,.¡vze dale & identify borrow __. with Iignifiç.,,1 imp8ct to biologic.. ...... & sun'lfMl'ize existing native be-=h charecaeri.üc:. .,.¡vze Miamic: & other date 10 identify borrow .... thel meet indu.~ & FDEP slnards 13-Jan-07 2B-Jan-07 15 1b· ~conn.".ance Lev.lln.....tka..k»n Plan days comDiI.PI., meet with County & FOEP revi..P.... 2B-Jan-G7 14-Mar-Q7 45 2,· VlÞrlOOfe &NIu"ilkÞn days Offlhore - Core, - ..I-uo & mobilize Offlhofe . Core, . Collec üon demob & retrieve cores to lab review ø di'lrjþule penetration graphs 29-Dec-06 2B-Jan-07 30 Zb· NMIw Beach InveslllUllion days collect ....wa. ArNIIVJ'· ........ prep.. pi... view depiction oI.~ Iocelions 14-Mar-Q7 2B-Apr-07 45 2e - Cor. Lon, . S.dlmenl Analvais days corn _ split, inti, mnlðnreph, end IItI'Ip6e Mdimenl ....~. . core 18T'IØI.. ,IDle and deliver _chive cor.. 13-Apr-Q7 13-May-07 30 20 ·1I."ow Ar.. DoH_ I ComoollbP11v _I. days ~ofcor. umdes -.~of beech um:MI ~crou-MCtiont poIInlilll borrow.... - pi., view SA - volume weiDhted cnin size ~vsi. comp.ubitit an.vail - texture, çomp. & color compatibilil ......wi.· overfill ratiOl pre~' -.egtICy deI,- for Fœp'. ROSS GIS 21-Mar-Q7 200May-07 60 2... W..,. I_t Analvaie -"""'" days Engineering· included in Deli,," & Permitting SOW p.,mlllingSOW identify 8Çceptabl. uy.lhold. lot borrow .... 13-May-07 12-Jun-07 30 2f.. Reconn....anc:e lIIv.' ReaDrl days l!ðmnUe rault.1ot Teaks 2e· 2e devoÑftn PIS Levellnvestiftlltion PI... çopv end di.bibute report møting with COUNTY & DEP 28-Jan-07 12-Jun-07 135 2a .. AdnMnlatr.t5on. CounlVlFDEP Coordination days Inkwrna Contl.ct with COUNTY & FDEP MS Project Schedule meetino. MMS permit. 12-Jun-07 1 OOSeP-07 90 3a.. Bathvmetrlc 8umv days "",.I_1ion conduct field survey reduce data & prep.. .ur....y drawings 12-Jun-07 1 OOSeP-07 90 3b . hl.mlc Burve'" days ....... & mobiïZtlIton conduct field survev reduce du & preJ*. survey drawings 100Sep-07 B-Jan-08 120 3c .. Vlbracore Acaulaklon days Offshore - Cote. - ..t-UD & mobUize Offshore - Cores . Collection demob & r.trieve cor.. 10 I.. review end distribute penetration graph. 9-Nov-07 7 -Feb-08 90 3d .. Core Loaa & Sediment Analnl. days ca.. . "". loa, Dho__, .... ..mDIa Mdiment analvsi. - cor. aamole. store and deliver .chive cor.. B-Jan-08 7 -Apr-08 90 :Ie . Borrow Area Delineation and Compatlbilltv Anal",aI. days summery of cor. samples nAðlnnjc croll-sedions øoe..,lial borrow.... . pi... view BA - volume weiahted oran size en.)'Si. compatibilily enavsia . textur., comp. & color corT¥Ia1ibility ....vai. - overfltf raüos 3. . Cultural ReMUrc:e. and Maanetometer SUnMV Drat) & mobilization dependent conduct field surv.y upon USACE diver investiaationllmarine observer Schedule reduce dete & prep.. IU'Y8\I dt'svMg5 pra...-- .ubmillo SHPO & foUowups 7 -Apr-08 B-Jun-Q8 60 3g .. SIde-Sc;:an Sonar Survev days oraD & mobiiizalion conducl field .urv.y 7-Apr-08 21-Jun-06 75 3h .. Final Geotechnlcll Re-I days compile result. for Taak. 1, 2. & 3 copy wid distribute r.port meelino with COUNTY. FDEP & USACE 12-Jun-07 21-Jun-G8 375 3h .. Administration, OiltrlcUFOEP CoordlRlllion days Informal ConIIlC1 with COUNTY & FDEP MS ProÍAcl Schedule meelintH. MMS rwrmits I , ~ COUNTY .__ FLORIDA- ~ AGENDA REQUEST ¿ ITEM NO. _ L Date: January 23, 2007 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~..J~~ Richard A. Bouchard, P. E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Accept a $3,100 donation from the Southern Kingfish Association (SKA) for the St. Lucie County Artificial Reef Program. BACKGROUND: The SKA held its annual National Championship Tournament on November 16-18, 2006 at Harbour Pointe site. Kingfish caught in the tournament were sold by Pelican Seafood with the proceeds ($3,100) offered as a donation to be used to enhance the County's Artificial Reef Program. FUNDS: Supporting Budget Resolution No. 07-002 is attached. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Erosion District Board approval to accept the Southern Kingfish Association donation, in the amount of $3, 1 00, along with the corresponding Budget Resolution No. 07-002, and execution of said Resolution by the Chairman. COMMISSION ACTION: [JCi APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 Doug a derson County Administrator [x]County Attorney [']0riO;ooll"" Qept. P"b"'W....~ . )t' [x]Mgt. & Budget [x]Executive Assistant e?\ \\ [x]FinanceDept. .. , RESOLUTION NO. 07-002 WHEREAS, subsequent to the adoption of the S1. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available in the form of a donation from Pelican Seafood through the Southern Kingfish Association National Championship Tournament in the amount of 3,100. WHEREAS, Section 129.06 (d), Florida Statutes, requires the S1. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of S1. Lucie County, Florida, in meeting assembled this 23rd 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 184-3710-366930-39003 Contributions from Private Sources $3,100 APPROPRIATIONS 184-3710-531000-39003 Professional Services $3,100 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 23rd DAY OF JANUARY, 2007. EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: ATTEST: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ PELICAN SEAFOOD 735 NORTH US 1 ~ FORT PIERCE. FL 34950 772-461-2797 II WACHOVIA ~Benk. N.A. ~6W -~ FOR tl}l1 ·~VVY\ d~~ 11102221;1;111 1:01; '¡I~Ol;.. ~ 21: 20QOOO 2aa..a ~alll . 22266 63-6431670 BRANCH 14090 M' ~ COUNTY ~ ~ AGENDA REQUEST ITEM NO. C-2i Date: January 23, 2007 TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~~~ Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Award of Bid #07-001 for contractors to provide upland sand sources associated with future post- storm emergency beach and dune restoration needs. BACKGROUND: In an effort for the County to be in a better position to expeditiously deal with future post- storm emergency beach and dune restoration needs, the Board approved to seek bids for the pre-selection of viable upland sand sources and contractors. The Board also approved W.A. NO.4 (C-04-11-642) with Coastal Technology Corporation to assist the County with the bidding and selection process. On November 29,2006 the County received bids from four responsive bidders. Coastal Tech evaluated and tested each of the sand samples for beach compatibility. Based upon Coastal Tech's analysis, and their discussions with Florida DEP staff (see attachment), they both concluded that three of the four samples were acceptable for emergency dune restoration. Evaluation of the costs associated with the three acceptable sand sources identified in the bid tabulation indicates that Sunshine Land Design, Inc. costs are significantly higher to provide and place sand than the two other approved sources. Coastal Tech visited the two remaining upland mine operations, located at Indrio Road and 1-95, and reconfirmed the material quality and production rate. Based upon evaluation of sand quality, production rate, and unit cost, staff concurs with the attached recommendation from Coastal Tech to award separate contracts to CKA and Dickerson Florida, Inc. FUNDS: Funding sources and amounts will be determined on a project-by-project basis. PREVIOUS ACTION: June 13, 2006: Board approval to seek invitation to bid for viable upland sand sources and contractors to serve future post-storm emergency beach and dune restoration needs. November 29,2006: The County received bids from four responsive bidders. RECOMMENDATION: Staff recommends Erosion District Board approval to award Bid #07-001 and enter into contracts as prepared by the County with CKA and Dickerson Florida, Inc., for viable upland sand sources and contractors to serve future post-storm emergency beach and dune restoration needs, and signature of said contracts by the Chairman. COMMISSION ACTION: )Q APPROVED [ ] OTHER: [ ] DENIED Approved 3-2 Comm. Smith - No Comm. Craft - No Amend 0/ Iv~ð [x]County Attorney v [~Orig;"at;"g Cepl p"~;, wo...~. at recommendation of staff to use CKA as primary provider for future sand dune projects. ¡ationlSianatures [x]Erosion District ~ [x]Executive Assistant ~" [x]Purchasing Departme~/ []Mgt. & Budget ~ COUNTY .... F lOR I DA ~ AGENDA REQUEST ITEM NO. C-2A Date: January 23, 2007 TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Award of Bid #07-001 for contractors to provide upland sand sources associated with future post- storm emergency beach and dune restoration needs. BACKGROUND: In an effort for the County to be in a better position to expeditiously deal with future post- storm emergency beach and dune restoration needs, the Board approved to seek bids for the pre-selection of viable upland sand sources and contractors. The Board also approved W.A. NO.4 (C-04-11-642) with Coastal Technology Corporation to assist the County with the bidding and selection process. On November 29,2006 the County received bids from four responsive bidders. Coastal Tech evaluated and tested each of the sand samples for beach compatibility. Based upon Coastal Tech's analysis, and their discussions with Florida DEP staff (see attachment), they both concluded that three of the four samples were acceptable for emergency dune restoration. Evaluation of the costs associated with the three acceptable sand sources identified in the bid tabulation indicates that Sunshine Land Design, Inc. costs are significantly higher to provide and place sand than the two other approved sources. Coastal Tech visited the two remaining upland mine operations, located at Indrio Road and 1-95, and reconfirmed the material quality and production rate. Based upon evaluation of sand quality, production rate, and unit cost, staff concurs with the attached recommendation from Coastal Tech to award separate contracts to CKA and Dickerson Florida, Inc. FUNDS: Funding sources and amounts will be determined on a project-by-project basis. PREVIOUS ACTION: June 13, 2006: Board approval to seek invitation to bid for viable upland sand sources and contractors to serve future post-storm emergency beach and dune restoration needs. November 29,2006: The County receiv~d bids from four responsive bidders. RECOMMENDATION: Staff recommends Erosion District Board approval to award Bid #07-001 and enter into contracts as prepared by the County with CKA and Dickerson Florida, Inc., for viable upland sand sources and contractors to serve future post-storm emergency beach and dune restoration needs, and signature of said contracts by the Chairman. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] OTHER: [ ] DENIED Douglas Anderson County Administrator Coordinatlon/Sianatures [x]County Attorney [ ]Mgt. & Budget [x]Erosion District [x]Fiscal Coordinator [ ]Purchasing Department [x]Originating Dept. Public Works ",,' MEMO 24360.05 January 3, 2007 To: Richard Bouchard St. Lucie County - Erosion Control District From: Walker Dawson - Coastal Tech Via: Michael Walther - Coastal Tech Re: St. Lucie County - Bid No. 07-001 Emergency Dune Restoration This MEMO is to recommend that St. Lucie County award two contracts for the referenced project to (1) CKA and (2) Dickerson. Both of these contractors offer beach compatible sand at a reasonable price with sufficient reserves to satisfactorily meet requirements of the Technical Specifications. Please note the following: Attached are Tables 1 and 2 - summarizing geotechnical data for each sample obtained with bids from potential sand suppliers. The data in the attached tables reflect the standards cited in the Technical Specifications. Table 1 contains the granularmetric data summary for each sample; Table 2 compares each sample to the Technical Specifications; "non-compliance" is shaded in red. Note that none of the samples meet all specifications. Samples fail to meet specifications relative to percent carbonate or mean grain size. Each sample was also qualitatively analyzed to determine if the sample's texture and appearance might result in visual classification of the sample as beach compatible sand. The following summaries our analysis: · The Sunshine Land Design samples (2) did not meet the carbonate content specifications, but these samples appear to be beach compatible sand. · The samples provided by Dickerson and CKA do not meet the specifications for both carbonate content and mean grain size; both quantities are below the specified ranges. However, these samples appear to have the same texture and appearance as beach compatible sand. · The Ranger sample mean grain size was significantly larger than the mean grain size range specification; this is apparently attributable to the high carbonate (shell fragments) content; this material does not appear to have the same texture and appearance as beach compatible sand. Based upon our analysis, and discussions with FDEP staff, we have concluded with FDEP staff that the sand available from CKA, Dickerson, and Sunshine Land Design are beach- compatible sand and can be accepted for emergency restoration of dunes in St. Lucie County. However, as reflected in the attached Bid Tabulation (prepared by the County), the costs to provide and place sand, as proposed by Sunshine Land Design are significantly greater than the costs proposed by CKA and Dickerson. Coastal Tech visited the upland mines for both CKA (Stewart Mining) and Dickerson, both of which are located on Indrio Road in St. Lucie County. The quality of material at the mines was checked via surface (::::12" deep) sampling and was found via visual comparison to be consistent with the samples submitted with the bids. Stewart Mining advised us that they are capable of a production rate (washing and screening) at 3,000 tons per day with approximately 1.3 million cubic yards in reserves. The Dickerson Mine staff advised us that they are capable of a production rate (washing and screening) at 2,000 tons per day with approximately 485,000 cubic yards in reserves. If you have any questions, please contact Michael Walther or me. e COASTAL TECH COASTAL . ENVIRONMENTAL . CML . 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E " z ~ u .! ï! i -:0 t " 1J ~ ~ ¡,¡ c ~ () é .. ~ .. 2 >. ., 11 ¡ o TELEPHONE CONFERENCE REPORT 24360.05 December 14, 2006 To: Richard Bouchard St. Lucie County, Erosion Control District From: Walker Dawson, COASTAL TECH (321)-751-1135 Re: St. Lucie County Emergency Dune Restoration Plan - Sand Samples Report: The purpose of this call was to obtain FDEP input regarding Coastal Tech's recommendations of sand suppliers for Emergency Dune Restoration Projects in St. Lucie County, based on the results of the analysis of the sand samples submitted by the perspective sand suppliers. The FDEP generally agreed with our recommendations of sand suppliers. The following summarizes the FDEP's conclusions: . Beach-compatible material sand suppliers are (in no particular order): o CKA o Sunshine - Base Bid and Alt 1 followed by: o Dickerson Non-compatible material sand supplier: o Ranger . FDEP highly recommend that the COUNTY and/or ENGINEER visit each of the upland mines that submitted "beach-compatible" samples, as identified above, to verify quality of material. cc: participants Jennifer Koch - FDEP J."Fritz" Wettstein - FDEP Amy Albanese - PBSJ Leighann Budde - Coastal Tech