HomeMy WebLinkAboutAgenda Packet 02-13-07
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Februar, II, 2007
.aOO 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 speaR to
come forward, one at a time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of
presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chairman will aSR for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have
bacRup material, please have eight copies for distribution.
NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to
five minutes.
DECORUM - Please be respectful of others opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M.
and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission
Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these wor~shops.
Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to
attend this meeting should contact the St. Lucie County Community Services Director at (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-Iucie.fl.us
Chris Craft, Chairman
Joseph E. Smith, Vice Chairman
Doug Coward
Paula A. Lewis
Charles Grande
District No. I
District No. I
District No.2
District No. I
District No.4
Februar, II, 2007
9aOO A.M.
Invocation
Pledge of Allegiance
I. MINUTES
Approve the minutes from January 17, 2007 special meeting.
2. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 07-031 - Proclaiming February 11, 2007, through February 17, 2007, as 1<2-1-1 Awareness
WeeR" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution
No. 07-031 as drafted.
I. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
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PUBLIC HEARINGS
sA. There are no public hearings scheduled for February 13, 2007.
END OF PUBLIC HEARINGS
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6. COUNTY ATTORNEY
Resolution No. 07-056 - Amending Resolution No. 86-195 (which designated a speed limit of thirty-five (35)
miles per hour on the paved portions of ROCR Road, Picos Road, and Campbell Road; and further designated
stop signs be installed at the intersections of Picos Road and Campbell Road, maRing both Picos Road and
Campbell Road stop streets at said intersection); by amending the speed limit on RocR Road to twenty-five
(25) miles per hour from the intersection of Orange Avenue North to the end of the pavement at the St. Lucie
County Jail - Consider staff recommendation to adopt the attached Resolution No. 07-056 as drafted.
7. COUNTY AnORNEY
Resolution No. 07-068 - Supplemental Resolution awarding the $16, million Special Assessment Improvement
Bond, Series 2007 (Indian River Estates MSBU) - Consider staff recommendation to adopt Resolution No. 07-
068 and authorize the Chairman to sign the Resolution.
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CONSENT AGENDA
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I. WARRANTS
Approve warrant list No. 19
2. COUNTY ATTORNEY
A. Revocable License Agreement - Oceanhouses at Southpointe Association - Blue Heron Blvd. -
Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman
to sign the Revocable License Agreement and direct Ocean houses at Southpointe Association to record
the document in the Public Records of St. Lucie County, Florida.
B. Permission to Advertise - Ordinance No. 07-009 - Off Road Vehicles - Consider staff recommendation
to advertise proposed Ordinance No. 07-009 for public hearing before the Board of County
Commissioners on March 6, 2007 beginning at 6:00 p.m. or as soon thereafter as may be heard.
C. 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.
I. PUBLIC SAFETY
A. Request to approve the repairs of two (2) generators being housed at the Emergency Operations
Center in the amount of $5,000.00 - Consider staff recommendation to approve the repairs of the two
generators in the amount of $5,000.00. Also approve and sign Budget Amendment BA07-033.
B. Request to approve the purchase of three (3) remote site controllers and two (2) console positions for
the 800 MHz radio system in the amount of $27,000.00 - Consider staff recommendation to approve
the purchase of three (3) remote site controllers and two (2) console positions for the 800 MHz radio
system in the amount of $27,000.00. Also approve and sign Budget Amendment # BA 07-038.
Equipment Request #07-307.
C. Professional Services Agreement with the Treasure Coast Regional Planning Council - The Provision of
Incident Command System and Response to Terrorism Training - Consider staff recommendation to
approve The Professional Services Agreement with the Treasure Coast Regional Planning Council.
D. Heartstart FRx Defibrillator - Approve Budget Amendment BA07-037 and Equipment Request EQ07-
306 in the amount of $1290.00 - Consider staff recommendation to approve Budget Amendment
BA07-037 and Equipment Request EQ07-306 in the amount of $1,290.00.
E. M SA T -02 Satellite Telephone/2-way Radio - Approve Budget Amendment BA07-040 and
Equipment Request EQ07-308 in the amount of $6,690.00 - Consider staff recommendation to
approve Budget Amendment BA07-040 and Equipment Request EQ07-308 in the amount of
$6,690.00.
F. State of Florida, Domestic Security Federally Funded Sub-Crant Agreement No. 07DS-5N-01-66-01-
336 - approve Budget Resolution No. 07-064 in the amount of $41,944.00 - Consider staff
recommendation to approve Budget Resolution No. 07-064 in the amount of $41,944.00 to recognize
funds that were not anticipated during the adopting of the 2006-2007 budget.
4. PUBLIC WORKS
A. Code Compliance Division - Request by Code Enforcement to notify the Board of County
Commissioners of the condition of the property located at 5030 Edwards Road, Fort Pierce, Florida,
and Open/unsafe building with excessive overgrowth and junR, trash, and debris - Consider staff
recommendation to allow staff to monitor this property and proceed with liens against the property.
Staff will also post the property as not to be habitable.
Consent Agenda
Februar, II, 2007
Page Two
PUBLIC WORKS CONTINUED
B. Engineering Division - Airport Industrial ParR MSBU - Sanitary Sewer Improvements (FPUA) -
Approval of WorR Authorization No. 1 to the Agreement for Continuing Engineering Services with
Camp, Dresser & McKee, Inc., in the amount of $35,360.00 to provide assessment services - Consider
staff recommendation to approve WorR Authorization No. 1 to the Agreement for Continuing
Engineering Services with Camp, Dresser, & McKee, Inc., in the amount of $35,360.00 to provide
assessment services, and authorize the Chairman to execute the WorR Authorization.
C. Acceptance of Budget Resolution No. 07-060 in the amount of $267,000 for second of three
installments of funds from Florida Inland Navigation District (FIND) for the Taylor CreeR/C25 Dredging
and Restoration Project - Consider staff recommendation to accept Budget Resolution No. 07-060 in
the amount of $267,000 for second of three installments from Florida Inland Navigation District (FIND)
for the Taylor CreeR/C25 Dredging and Restoration Project.
D. Request Board approval of JPA with SFWMD for $250,000.00 for LaRewood ParR, Canal Control
Structures - Stormwater Drainage and Water Quality Improvement project, and approval of
Resolution No. 07-059 - Consider staff recommendation to approve the attached JPA in the amount
of $250,000.00 for LaRewood ParR Canal Control Structures - Stormwater Drainage and Water
Quality Improvement project and approval of signature by the Chairman, and approval of Resolution
No. 07-059.
E. Engineering Division - Change Order No.5 to the contract with DicRerson 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 contract dollar amount, but will
require an additional 39 days - Consider staff recommendation to approve of Change Order No. 5 to
the contract with DicRerson 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.
F. Engineering Division - First Amendment to WorR Authorization No. 4 to the contract with Inwood
Consulting Engineers, Inc., for Professional Engineering Services Roadway and Intersection Design for
the Avenue J Pedestrian Bridge Project - Consider staff recommendation to approve the First
Amendment to WorR Authorization No. 4 to the contract with Inwood Consulting Engineers, Inc., for
Professional Engineering Services Roadway and Intersection Design for the Avenue J Pedestrian Bridge
Project in the amount of $10,770.48, and authorization for the Chairman to sign.
G. Engineering Division - WorR Authorization No. 11 to the Consultant Agreement (C04-11-622) for Coastal
Engineering Services with Taylor Engineering, Inc., for Indian River Drive Revetment
Repair/Replacement Feasibility Study - Consider staff recommendation to approve WorR
Authorization No. 11 to the contract with Taylor Engineering, Inc., for Indian River Drive Revetment
Repair/Replacement Feasibility Study in the amount of $46,298, and signature by the Chairman.
H. Approval of the Sovereign Submerged Lands easement with the Florida Department of Environmental
Protection for the Fort Pierce Beach project - Consider staff recommendation to approve the draft
Sovereign Submerged Lands easement with Florida DEP, contingent upon review and approval of the
final easement by the County Attorney, and execution of said easement by the Chairman.
I. Engineering Division - Airport Industrial ParR MSBU - Sanitary Sewer Improvements (FPUA) -
Approval of WorR Authorization No. 1 to the Agreement for Continuing Engineering Services with
Inwood Consulting Engineers, in the amount of $74,419.00 to provide a revision to the original sewer
system design - Consider staff recommendation to approve WorR Authorization No. 1 to the
Agreement for Continuing Engineering Services with Inwood Consulting Engineers, in the amount of
$74,419.00 to provide a revision to the original sewer system design, and authorize the Chairman to
execute the Wor~ Authorization.
Consent Agenda
Februarp II, 2007
Page Three
PUBLIC WORKS CONTINUED
,. Road and Bridge Division - Request approval of Change Order No.1 in the amount of $179,38250 to
complete the LaRehurst Ditch canal embanRment restoration project (C06-02-168) - Consider staff
recommendation to approve Change Order No. 1 in the amount of $179,382.50 to complete the
LaRehurst Ditch canal embanRment restoration project (C06-02-168).
MANAGEMENT AND BUDGET
A. Approval of Budget Amendment BA07-030 transferring funding to cover General Fund purchase
order for the County Extension Office (Agriculture) that were rolled over from Fiscal Year 2006 -
Consider staff recommendation to approve Budget Amendment No. 07-030.
B. Alcohol and Drug Abuse Mini-Grant Awards - Consider staff recommendation to approve the awards
of grant funds as stated on Exhibit A; changing the procedures to state the grant award date this year
to March 1st instead of January 1st, and authorizing the County Attorney's Office to draw up the
appropriate contracts for the Chairman's signature.
Approval of salary increases related to Code Compliance certifications - Consider staff
recommendation to approve the attached salary increases related to Code Compliance certifications.
Adopt Budget Resolution No. 07-061 to establish budget for Indian River Estates MSBU loan - Consider
staff recommendation to adopt Budget Resolution 07-061 to establish budget for fiscal year 2007 for
the Project Budget and the Debt Service funds.
Request to approve Budget Resolution 07-062 to amend Budget Resolution 06-377 due to Scrivener
Error - Consider staff recommendation to approve Budget Resolution 07-062.
F. Due to a scrivener error in the placement of funds and the total appropriation, it is necessary to amend
Resolution No. 06-337 - Consider staff recommendation to adopt Budget Resolution No. 07-065 to
establish a budget for fiscal year 2007 for the unanticipated revenue of $454,232 and to reverse the
original resolution for fiscal year 2006.
PURCHASING
A. Request permission to advertise an Invitation to Bid (lTB) for the replacement of the air conditioning
systems at the Roger Poitras Administration Building and the chiller plant - Consider staff
recommendation to grant permission to advertise an Invitation to Bid (ITB) for the replacement of the
air conditioning systems at the Roger Poitras Administration Building and the chiller plant.
Request approval of Emergency Bid Waiver to purchase cabling for the new ClerR of the Court
Building from Communications Integrators, Inc. - Consider staff recommendation to approve an
Emergency Bid Waiver to purchase cabling for the new ClerR of Court Building from Communications
Integrators, Inc., for $91,084.20
Second Amendment to Contract C06-03-164 with Clear Channel Radio for Radio Advertising Services
- Solid Waste Department - Consider staff recommendation to approve the second amendment to
contract C06-03-164 with Clear Channel Radio to exercising the first renewal option and authorize the
Chairman to sign the amendment as prepared by the County Attorney.
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GROWTH MANAGEMENT
A. Request of D.R Horton, Inc., for final plat approval for the project Rnown as CreeRside - Plat No.2.
This project is located on the south side of OReechobee Road, approximately 1h mile west of Gordy
Road in the PUD (Planned Unit Development - CreeRside) Zoning District and consists of 840 total
units - 443 single-family lots and 397 townhouse units. This phase of the project consists of 129 single-
family lots - Consider staff recommendation to Approve the final plat of CreeRside Plat No. 2 and
authorize its execution.
7.
Consent Agenda
Februar, II, 2007
Page Four
GROWTH MANAGEMENT CONTINUED
B. Request of Michael and Roberta West, for final plat approval for the project Rnown, as Howard's
Twenty. This project is located on the west side of Shinn Road, between Orange Avenue and
OReechobee Road and consists of 2 lots - Consider staff recommendation to approve the final plat to
Howard's Twenty and authorize its execution.
I. AGRICULTURE
Approve Budget Amendment No. BA07-034, moving funds from account 001423-3715-582000-300 to
account 001423-3715-564000-300 for the purchase of equipment in Grant Contract C06-10-561 - Consider
staff recommendation to approve Budget Amendment BA07-034, moving funds from account 001423-3715-
582000-300 to account 001423-3715-564000-300 for the purchase of equipment approved in Grant Contract
C06-10-561. This request to move funds is to purchase a laptop computer, equipment number EQ07-303 in
accordance with Residential Construction Mitigation Grant Program, Contract #C06-10-561.
9. ADMINISTRATION
A. Army Corps Maintenance Dredging of Port of Fort Pierce Inlet and Turning Basin - Staff recommends
that the Board direct staff to contract the Army Corps of Engineers requesting assistance in the
maintenance dredging of the Port of Fort Pierce Inlet and turning basin to maintain the 28 -foot
allowed maximum depth.
B. SRateboard ParR Committee at large student appointment - Consider staff recommendation to ratify
the appointment of Blaze Walsh to the SRateboard ParR Committee to fill the at large student
vacancy.
C. Sustainability Advisory Ad Hoc Committee - Comm. Coward will be appointing Dr. Bobbi Conti -
Consider staff recommendation to ratify Commissioner Coward's appointment of Dr. Bobbi Conti to
the Sustainability Advisory Ad Hoc Committee.
10. AIRPORT
Request for Acceptance of Conditions from the Federal Aviation Administration (FAA) for the Release of
Airport Property Required by Florida Department of Transportation (FDOT) for Right of Way on Kings
Highway for the Airport West Commerce ParR - Consider staff recommendation to authorize the County
Attorney to review and accept the conditions of the FAA release of ROW property at the Airport West
Commerce ParR and sign the form to return to the FAA.
II. CENTRAL SERVICES
David BrooRs Enterprises, Inc./Contract No. C05-12-636 - Construction of the New ClerR of Court Building -
Change Order No.9 - Consider staff recommendation to approve Change Order No.9 to #C05-12-636, David
BrooRs Enterprises, to incorporate changes to the contract for a combined cost of $115,198.00 (reducing the
projects contingency allowance $115,198.00), increasing the Owner Direct Purchase Order Allowance by
$800,000.00 (established in Contract #C05-12-636), and to extend the contract time fourteen (14) days,
changing the date of substantial completion to October 30, 2007. Staff further recommends the Board
authorize the Chair to sign the Change Order as prepared by the County Attomey.
12. ENVIRONMENTAL RESOURCES
Request the Board approve Budget Resolution 07-055 to accept $2,041 from the Florida Wildflower
Foundation, Inc. to plant native plants at Pepper ParR - Consider staff recommendation to approve Budget
Resolution 07-055 to accept $2,041 from the Florida Wildflower Foundation, Inc. to plant native plants at
Pepper ParR.
Consent Agenda
Februar, II, 2007
Page Five
II. GRANTS
A. Authorize St. Lucie County to submit a request to the Department of Environmental Protection to
modify the boundary of the Indian River Lagoon Blueway Florida Forever Project to include 289.8
acres to be involved in the Harbor Branch Oceanographic Institute (HBOI) Project. The boundary
modification will allow the HBOI project to become eligible for approximately $30 million in funding
from the Florida Forever program and therefore essentially serves as an application for Florida Forever
funding assistance. Also authorize St. Lucie County to increase the acreage that potentially could be
acquired from HBOI from 220 acres to approximately 253 acres. Also add two additional parcels that
are not owned by HBOI, to the HBOI Project:
Dennis (1405-423-0000-0005) 15.81 acres,
Riverside (1405-432-0000-0003) 21.04 acres.
Consider staff recommendation to authorize the submittal of a request to the Department of
Environmental Protection to modify the boundary of the Indian River Lagoon Blueway Project. Staff
also recommends the BOCC authorize increasing the acreage that potentially could be acquired from
HBOI from 220 acres to 253 acres and authorize the addition of two parcels (Dennis 1405-423-0000-
0005 acres and Riverside 1405-432-0000-0003) that are not owned by HBOI to the Florida Forever
project.
B. Authorize the submittal of a grant application to the Florida Division of Emergency Management for a
grant not to exceed $25,000 to be utilized to continue the development of a Community Emergency
Response Team (CERn. Also authorize the acceptance of the grant if it is approved for funding -
Consider staff recommendation to authorize the submittal of the grant application to the Division of
Emergency Management for the continuation of the CERT program and the acceptance of the grant if
funding is approved.
14. COMMUNITY SERVICES
Permission to advertise a Request for Qualifications (RFQ) for Construction Contractors for rehabilitation of
homes using funding from the State Housing Initiative Partnership (SHIP) Program and other County housing
assistance programs - Considers staff recommendation to approve to advertise a Request for Qualification for
Construction Contractors for rehabilitation of homes under the State Housing Initiative Partnership (SHIP)
Program and other County housing assistance programs and authorize the Chairman to sign the necessary
documents.
15. METROPOLITAN PLANNING ORGANIZATION
Approve Budget Resolution No. 07-066 to recognize the reimbursements made by Martin County for 50% of
the total cost of the Renaissance Planning Group contract C04-12-652 in the amount of $66,934.50 for 06/07
Fiscal Year - Consider staff recommendation to approved Budget Resolution No. 07-066 attached.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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ANNOUNCEMENTS
Februarp II, 2007
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1. The Board of County Commissioners will be in Washington for Legislatives Meeting from Wednesday, February
14th thru Friday, February 16th.
2. The Board of County Commissioners and the Indian River County Commissioners will hold a Joint Meeting on
Monday, February 19, 2007 at 2:00 p.m. at the IRCC Mueller Center located at 6155 College Lane
Vero Beach, FL.
3. The Board of County Commissioners regular meeting on February 20, 2007 will begin at 3:00p.m, breaR at
5:00 p.m. and reconvene at 6:00 p.m.
4. The Indian River Lagoon National Estuary Program is holding a 'Listening Session' to engage the public on
issues, concerns and ideas for Lagoon restoration. This will be held at the Oxbow Eco-Center on February 22nd
from 6:00 to 8:00 p.m.
5. The Board of County Commissioners will hold a Special meeting on Cloud Grove on Friday, February 23, 2007
at 9:00 a.m. in the County Commission Chambers.
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 Frontier Florida Festival hosted by the St. Lucie County Historical Museum and Cultural Affairs Council will
be held Saturday, February 24, 2007 from Noon to 5:00 p.m. at Harbour Pointe ParR.
8. The opening day for spring training home games for the New YorR Mets at the Tradition Field will be on
Wednesday, February 28, 2007 at 1:10 p.m. versus the Detroit Tigers.
9. The Board of County Commissioners will hold a Special Adoption Public Hearing on Grande Beach and the
Airport Comprehensive Master Plan Amendments on Monday, March 5, 2007 at 6:00 p.m. in the County
Commission Chambers.
10. 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.
11. The Board of County Commissioners will hold a Monthly Informal Meeting on Friday, March 23, 2007 at 9:00
a.m. in the Conference Room #3.
12. The Board of County Commissioners will hold a WorRshop on Homeland Security on Monday, April 30, 2007 at
2:00 p.m. in the County Commission Chambers.
13. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County
Commissioners meeting have been canceled due to lacR of quorum. Three Commissioners will be attending the
Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties
(NACO) Conference on July 17th.
14. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m.
in the County Commission Chambers.
15. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September
6, 2007 at 6:00 p.m.
16. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13,
2007 at 6:00 p.m.
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Paula A. Lewis, Chairman
Doug Coward, Vice Chairman
Joseph E. Smith
Charles Grande
Chris Craft
District No. I
District No.2
District No. I
District No.4
District No. I
AGENDA
Februar, 'II, 2007
I. MINUTES
Approve the minutes from the meeting held on January 23, 2007
2. GENERAL PUBLIC COMMENT
CONSENT AGENDA
I. WARRANTS LIST
Approve warrants List No. 17, 18 and 19.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made.
Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be
granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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Charles Grande, Chairman
Chris Craft, Vice Chairman
Joseph E. Smith
Doug Coward
Paula A. Lewis
District No.4
District No. I
District No. I
District No.2
District No. I
AGENDA
Februar, II, 2007
I. MINUTES
Approve the minutes from the meeting held on January 23, 2007
2. GENERAL PUBLIC COMMENT
CONSENT AGENDA
I. WARRANTS LIST
Approve Warrants List No. 17, 18 and 19.
2. COUNTY ATTORNEY
South Hutchinson Island Emergency Dune Restoration Project - Temporary Construction Easements - Res. 07-
04 - Parcel 51 - Sand Dollar Villa (Condo A thru E) - Res. 07-05 - Parcel 53 - Dune WalR by the Ocean
Condominium Association, Inc. - Consider staff recommendation to accept the Temporary Construction
Easements, authorize the Chairman to sign Resolution No. 07-04 and 07-05 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) 462-1777 or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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Februar, II, 2007
9aOO 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 aSRs anyone wishing to speaR to
come forward, one at a time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of
presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chairman will as~ for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have
bacRup material, please have eight copies for distribution.
NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to
five minutes.
DECORUM - Please be respectful of others opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M.
and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission
Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops.
Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to
attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at
least forty-eight (48) hours prior to the meeting.
BOARD OF COUNTY
COMMISSIONERS
www.co.st-Iucle.fl.us
Februarp II, 2007
9aOO A.M.
District No. I
District No. I
District NO.2
District No. I
DltI.IctNo. ~r1Çahk ŒJ sJc)
Chris Craft, Chairman
Joseph E. Smith, Vice Chairman
Doug Coward
Paula A. Lewis
Charles Grande
Invocation
Pledge of Allegiance
I. (). ~"NUTES
~ ~: .Cj~APprove the minutes from January 17, 2007 special meeting.
aÞ"'~ PROCLAMATIONS/PRESENTATIONS
~ A. Resolution No. 07-031 - Proclaiming February 11, 2007, through February 17, 2007, as 1<2-1-1 Awareness
f\:\Ø(lit- -1I)f...J X WeeR" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution
rT'¥ (~~~ No. 07-031 as drafted.
~ I. GENERAL PUBLIC COMMENT
CONSENT AG...E. NDALL~O~· . At. s
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PUB C HEARINGS
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SA. There are no public hearings scheduled for February 13, 2007.
END OF PUBLIC HEARINGS
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"'J~; COUNTY ATTORNEY
/tPP(":..~ ~esolution No. 07-056 - Amending Resolution No. 86-195 (which designated a speed limit of thirty-five (35)
'1; (~; miles per hour on the paved portions of ROCR Road, Picos Road, and Campbell Road; and further designated
. .AA4J,.. rAv stop signs be installed at the intersections of Picos Road and Campbell Road, maRing both Picos Road and
(J,rw^~SU'" Campbell Road stop streets at said intersection); by amending the speed limit on RocR Road to twenty-five
r (25) miles per hour from the intersection of Orange Avenue North to the end of the pavement at the St. Lucie
County Jail - Consider staff recommendation to adopt the attached Resolution No. 07-056 as drafted.
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COUNTY AnORNEY
Resolution No. 07-068 - Supplemental Resolution awarding the $16, million Special Assessment Improvement
Bond, Series 2007 (Indian River Estates MSBU) - Consider staff recommendation to adopt Resolution No. 07-
068 and authorize the Chairman to sign the Resolution.
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CONSENT AGENDA
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I. WARRANTS
Approve warrant list No. 19
2. COUNTY AnORNEY
A. Revocable License Agreement - Ocean houses at Southpointe Association - Blue Heron Blvd. -
Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman
to sign the Revocable License Agreement and direct Ocean houses at Southpointe Association to record
the document in the Public Records of St. Lucie County, Florida.
B. Permission to Advertise - Ordinance No. 07-009 - Off Road Vehicles - Consider staff recommendation
to advertise proposed Ordinance No. 07-009 for public hearing before the Board of County
Commissioners on March 6, 2007 beginning at 6:00 p.m. or as soon thereafter as may be heard.
C. 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.
I. PUBLIC SAFETY
A. Request to approve the repairs of two (2) generators being housed at the Emergency Operations
Center in the amount of $5,000.00 - Consider staff recommendation to approve the repairs of the two
generators in the amount of $5,000.00. Also approve and sign Budget Amendment BA07-033.
B. Request to approve the purchase of three (3) remote site controllers and two (2) console positions for
the 800 MHz radio system in the amount of $27,000.00 - Consider staff recommendation to approve
the purchase of three (3) remote site controllers and two (2) console positions for the 800 MHz radio
system in the amount of $27,000.00. Also approve and sign Budget Amendment # BA 07-038.
Equipment Request #07-307.
C. Professional Services Agreement with the Treasure Coast Regional Planning Council - The Provision of
Incident Command System and Response to Terrorism Training - Consider staff recommendation to
approve The Professional Services Agreement with the Treasure Coast Regional Planning Council.
D. Heartstart FRx Defibrillator - Approve Budget Amendment BA07-037 and Equipment Request EQ07-
306 in the amount of $1290.00 - Consider staff recommendation to approve Budget Amendment
BA07-037 and Equipment Request EQ07-306 in the amount of $1,290.00.
E. MSAT-02 Satellite Telephone/2-way Radio - Approve Budget Amendment BA07-040 and
Equipment Request EQ07-308 in the amount of $6,690.00 - Consider staff recommendation to
approve Budget Amendment BA07-040 and Equipment Request EQ07-308 in the amount of
$6,690.00.
F. State of Florida, Domestic Security Federally Funded Sub-Grant Agreement No. 07DS-5N-01-66-01-
336 - approve Budget Resolution No. 07-064 in the amount of $41,944.00 - Consider staff
recommendation to approve Budget Resolution No. 07-064 in the amount of $41,944.00 to recognize
funds that were not anticipated during the adopting of the 2006-2007 budget.
4. PUBLIC WORKS
A. Code Compliance Division - Request by Code Enforcement to notify the Board of County
Commissioners of the condition of the property located at 5030 Edwards Road, Fort Pierce, Florida,
and Open/unsafe building with excessive overgrowth and junR, trash, and debris - Consider staff
recommendation to allow staff to monitor this property and proceed with liens against the property.
Staff will also post the property as not to be habitable.
Consent Agenda
Februar, II, 2007
Page Two
PUBLIC WORKS CONTINUED
B. Engineering Division - Airport Industrial ParR MSBU - Sanitary Sewer Improvements (FPUA) -
Approval of WorR Authorization No. 1 to the Agreement for Continuing Engineering Services with
Camp, Dresser & McKee, Inc., in the amount of $35,360.00 to provide assessment services - Consider
staff recommendation to approve WorR Authorization No. 1 to the Agreement for Continuing
Engineering Services with Camp, Dresser, & McKee, Inc., in the amount of $35,360.00 to provide
assessment services, and authorize the Chairman to execute the WorR Authorization.
C. Acceptance of Budget Resolution No. 07-060 in the amount of $267,000 for second of three
installments of funds from Florida Inland Navigation District (FIND) for the Taylor CreeR/C25 Dredging
and Restoration Project - Consider staff recommendation to accept Budget Resolution No. 07-060 in
the amount of $267,000 for second of three installments from Florida Inland Navigation District (FIND)
for the Taylor CreeR/C25 Dredging and Restoration Project.
D. Request Board approval of JPA with SFWMD for $250,000.00 for LaRewood ParR, Canal Control
Structures - Stormwater Drainage and Water Quality Improvement project, and approval of
Resolution No. 07-059 - Consider staff recommendation to approve the attached JPA in the amount
of $250,000.00 for LaRewood ParR Canal Control Structures - Stormwater Drainage and Water
Quality Improvement project and approval of signature by the Chairman, and approval of Resolution
No. 07-059.
E. Engineering Division - Change Order No.5 to the contract with DicRerson 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 contract dollar amount, but will
require an additional 39 days - Consider staff recommendation to approve of Change Order No. 5 to
the contract with DicRerson 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.
F. Engineering Division - First Amendment to WorR Authorization No. 4 to the contract with Inwood
Consulting Engineers, Inc., for Professional Engineering Services Roadway and Intersection Design for
the Avenue J Pedestrian Bridge Project - Consider staff recommendation to approve the First
Amendment to WorR Authorization No. 4 to the contract with Inwood Consulting Engineers, Inc., for
Professional Engineering Services Roadway and Intersection Design for the Avenue J Pedestrian Bridge
Project in the amount of $10,710.48, and authorization for the Chairman to sign.
G. Engineering Division - WorR Authorization No. 11 to the Consultant Agreement (C04-11-622) for Coastal
Engineering Services with Taylor Engineering, Inc., for Indian River Drive Revetment
Repair/Replacement Feasibility Study - Consider staff recommendation to approve WorR
Authorization No. 11 to the contract with Taylor Engineering, Inc., for Indian River Drive Revetment
Repair/Replacement Feasibility Study in the amount of $46,298, and signature by the Chairman.
H. Approval of the Sovereign Submerged Lands easement with the Florida Department of Environmental
Protection for the Fort Pierce Beach project - Consider staff recommendation to approve the draft
Sovereign Submerged Lands easement with Florida DEP, contingent upon review and approval of the
final easement by the County Attorney, and execution of said easement by the Chairman.
I. Engineering Division - Airport Industrial ParR MSBU - Sanitary Sewer Improvements (FPUA) -
Approval of WorR Authorization No. 1 to the Agreement for Continuing Engineering Services with
Inwood Consulting Engineers, in the amount of $74,419.00 to provide a revision to the original sewer
system design - Consider staff recommendation to approve WorR Authorization No. 1 to the
Agreement for Continuing Engineering Services with Inwood Consulting Engineers, in the amount of
$74,419.00 to provide a revision to the original sewer system design, and authorize the Chairman to
execute the WorR Authorization.
Consent Agenda
Februar, II, 2007
Page Three
PUBLIC WORKS CONTINUED
I. Road and Bridge Division - Request approval of Change Order No.1 in the amount of $179,38250 to
complete the LaRehurst Ditch canal embanRment restoration project (C06-02-168) - Consider staff
recommendation to approve Change Order No. 1 in the amount of $179,382.50 to complete the
LaRehurst Ditch canal embanRment restoration project (C06-02-168).
MANAGEMENT AND BUDGET
A. Approval of Budget Amendment BA07-030 transferring funding to cover General Fund purchase
order for the County Extension Office (Agriculture) that were rolled over from Fiscal Year 2006 -
Consider staff recommendation to approve Budget Amendment No. 07-030.
Alcohol and Drug Abuse Mini-Grant Awards - Consider staff recommendation to approve the awards
of grant funds as stated on Exhibit A; changing the procedures to state the grant award date this year
to March 11t instead of January 11t, and authorizing the County Attorney's Office to draw up the
appropriate contracts for the Chairman's signature.
Approval of salary increases related to Code Compliance certifications - Consider staff
recommendation to approve the attached salary increases related to Code Compliance certifications.
Adopt Budget Resolution No. 07-061 to establish budget for Indian River Estates MSBU loan - Consider
staff recommendation to adopt Budget Resolution 07-061 to establish budget for fiscal year 2007 for
the Project Budget and the Debt Service funds.
Request to approve Budget Resolution 07-062 to amend Budget Resolution 06-377 due to Scrivener
Error - Consider staff recommendation to approve Budget Resolution 07-062.
Due to a scrivener error in the placement of funds and the total appropriation, it is necessary to amend
Resolution No. 06-337 - Consider staff recommendation to adopt Budget Resolution No. 07-065 to
establish a budget for fiscal year 2007 for the unanticipated revenue of $454,232 and to reverse the
original resolution for fiscal year 2006.
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6. PURCHASING
A. Request permission to advertise an Invitation to Bid (ITB) for the replacement of the air conditioning
systems at the Roger Poitras Administration Building and the chiller plant - Consider staff
recommendation to grant permission to advertise an Invitation to Bid (ITB) for the replacement of the
air conditioning systems at the Roger Poitras Administration Building and the chiller plant.
B. Request approval of Emergency Bid Waiver to purchase cabling for the new ClerR of the Court
Building from Communications Integrators, Inc. - Consider staff recommendation to approve an
Emergency Bid Waiver to purchase cabling for the new ClerR of Court Building from Communications
G Integrators, Inc., for $91,084.20
C. Second Amendment to Contract C06-03-164 with Clear Channel Radio for Radio Advertising Services
_ Solid Waste Department - Consider staff recommendation to approve the second amendment to
contract C06-03-164 with Clear Channel Radio to exercising the first renewal option and authorize the
Chairman to sign the amendment as prepared by the County Attorney.
7. GROWTH MANAGEMENT
A. Request of D.R Horton, Inc., for final plat approval for the project Rnown as CreeRside - Plat No.2.
This project is located on the south side of OReechobee Road, approximately 11.2 mile west of Gordy
Road in the PUD (Planned Unit Development - CreeRside) Zoning District and consists of 840 total
units - 443 single-family lots and 397 townhouse units. This phase of the project consists of 129 single-
family lots - Consider staff recommendation to Approve the final plat of CreeRside Plat No. 2 and
authorize its execution.
Consent Agenda
Februar, II, 2007
Page Four
GROWTH MANAGEMENT CONTINUED
B. Request of Michael and Roberta West, for final plat approval for the project Rnown, as Howard's
Twenty. This project is located on the west side of Shinn Road, between Orange Avenue and
OReechobee Road and consists of 2 lots - Consider staff recommendation to approve the final plat to
Howard's Twenty and authorize its execution.
a. AGRICULTURE
Approve Budget Amendment No. BA07-034, moving funds from account 001423-3715-582000-300 to
account 001423-3715-564000-300 for the purchase of equipment in Grant Contract C06-10-561 - Consider
staff recommendation to approve Budget Amendment BA07-034, moving funds from account 001423-3715-
582000-300 to account 001423-3715-564000-300 for the purchase of equipment approved in Grant Contract
C06-10-561. This request to move funds is to purchase a laptop computer, equipment number EQ07-303 in
accordance with Residential Construction Mitigation Grant Program, Contract #C06-10-561.
9. ADMINISTRATION
A. Army Corps Maintenance Dredging of Port of Fort Pierce Inlet and Turning Basin - Staff recommends
that the Board direct staff to contract the Army Corps of Engineers requesting assistance in the
maintenance dredging of the Port of Fort Pierce Inlet and turning basin to maintain the 28 -foot
allowed maximum depth.
B. SRateboard ParR Committee at large student appointment - Consider staff recommendation to ratify
the appointment of Blaze Walsh to the SRateboard ParR Committee to fill the at large student
vacancy.
C. Sustainability Advisory Ad Hoc Committee - Comm. Coward will be appointing Dr. Bobbi Conti -
Consider staff recommendation to ratify Commissioner Coward's appointment of Dr. Bobbi Conti to
the Sustainability Advisory Ad Hoc Committee.
10. AIRPORT
Request for Acceptance of Conditions from the Federal Aviation Administration (FAA) for the Release of
Airport Property Required by Florida Department of Transportation (FDOT) for Right of Way on Kings
Highway for the Airport West Commerce ParR - Consider staff recommendation to authorize the County
Attorney to review and accept the conditions of the FAA release of ROW property at the Airport West
Commerce ParR and sign the form to return to the FAA.
II. CENTRAL SERVICES
David BrooRs Enterprises, Inc./Contract No. C05-12-636 - Construction of the New ClerR of Court Building -
Change Order No.9 - Consider staff recommendation to approve Change Order No.9 to #C05-12-636, David
BrooRs Enterprises, to incorporate changes to the contract for a combined cost of $115,198.00 (reducing the
projects contingency allowance $115,198.00), increasing the Owner Direct Purchase Order Allowance by
$800,000.00 (established in Contract #C05-12-636), and to extend the contract time fourteen (14) days,
changing the date of substantial completion to October 30, 2007. Staff further recommends the Board
authorize the Chair to sign the Change Order as prepared by the County Attorney.
12. ENVIRONMENTAL RESOURCES
Request the Board approve Budget Resolution 07-055 to accept $2,041 from the Florida Wildflower
Foundation, Inc. to plant native plants at Pepper ParR - Consider staff recommendation to approve Budget
Resolution 07-055 to accept $2,041 from the Florida Wildflower Foundation, Inc. to plant native plants at
Pepper ParR.
Consent Agenda
Februar, II, 2007
Page Five
II. GRANTS
A. Authorize St. Lucie County to submit a request to the Department of Environmental Protection to
modify the boundary of the Indian River Lagoon Blueway Florida Forever Project to include 289.8
acres to be involved in the Harbor Branch Oceanographic Institute (HBOI) Project. The boundary
modification will allow the HBOI project to become eligible for approximately $30 million in funding
from the Florida Forever program and therefore essentially serves as an application for Florida Forever
funding assistance. Also authorize St. Lucie County to increase the acreage that potentially could be
acquired from HBOI from 220 acres to approximately 253 acres. Also add two additional parcels that
are not owned by HBOI, to the HBOI Project:
Dennis (1405-423-0000-0005) 15.81 acres,
Riverside (1405-432-0000-0003) 21.04 acres.
Consider staff recommendation to authorize the submittal of a request to the Department of
Environmental Protection to modify the boundary of the Indian River Lagoon Blueway Project. Staff
also recommends the BOCC authorize increasing the acreage that potentially could be acquired from
HBOI from 220 acres to 253 acres and authorize the addition of two parcels (Dennis 1405-423-0000-
0005 acres and Riverside 1405-432-0000-0003) that are not owned by HBOI to the Florida Forever
project.
B. Authorize the submittal of a grant application to the Florida Division of Emergency Management for a
grant not to exceed $25,000 to be utilized to continue the development of a Community Emergency
Response Team (CERT). Also authorize the acceptance of the grant if it is approved for funding -
Consider staff recommendation to authorize the submittal of the grant application to the Division of
Emergency Management for the continuation of the CERT program and the acceptance of the grant if
funding is approved.
14. COMMUNITY SERVICES
Permission to advertise a Request for Qualifications (RFQ) for Construction Contractors for rehabilitation of
homes using funding from the State Housing Initiative Partnership (SHIP) Program and other County housing
assistance programs - Considers staff recommendation to approve to advertise a Request for Qualification for
Construction Contractors for rehabilitation of homes under the State Housing Initiative Partnership (SHIP)
Program and other County housing assistance programs and authorize the Chairman to sign the necessary
documents.
IS. METROPOLITAN PLANNING ORGANIZATION
Approve Budget Resolution No. 07-066 to recognize the reimbursements made by Martin County for 50% of
the total cost of the Renaissance Planning Group contract C04-12-652 in the amount of $66,934.50 for 06/07
Fiscal Year - Consider staff recommendation to approved Budget Resolution No. 07-066 attached.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:?en by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (m) 462-1m or TDD (m) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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ANNOUNCEMENTS
Februar, II, 2007
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1. The Board of County Commissioners will be in Washington for Legislatives Meeting from Wednesday, February
14th thru Friday, February 16th.
2. The Board of County Commissioners and the Indian River County Commissioners will hold a Joint Meeting on
Monday, February 19, 2007 at 2:00 p.m. at the IRCC Mueller Center located at 6155 College Lane
Vero Beach, FL.
3. The Board of County Commissioners regular meeting on February 20, 2007 will begin at 3:00p.m, breaR at
5:00 p.m. and reconvene at 6:00 p.m.
4. The Indian River Lagoon National Estuary Program is holding a 'Listening Session' to engage the public on
issues, concerns and ideas for Lagoon restoration. This will be held at the Oxbow Eco-Center on February 22nd
from 6:00 to 8:00 p.m.
5. The Board of County Commissioners will hold a Special meeting on Cloud Grove on Friday, February 23, 2007
at 9:00 a.m. in the County Commission Chambers.
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 Frontier Florida Festival hosted by the St. Lucie County Historical Museum and Cultural Affairs Council will
be held Saturday, February 24, 2007 from Noon to 5:00 p.m. at Harbour Pointe ParR.
8. The opening day for spring training home games for the New YorR Mets at the Tradition Field will be on
Wednesday, February 28, 2007 at 1:10 p.m. versus the Detroit Tigers.
9. The Board of County Commissioners will hold a Special Adoption Public Hearing on Grande Beach and the
Airport Comprehensive Master Plan Amendments on Monday, March 5, 2007 at 6:00 p.m. in the County
Commission Chambers.
10. 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.
11. The Board of County Commissioners will hold a Monthly Informal Meeting on Friday, March 23, 2007 at 9:00
a.m. in the Conference Room #3.
12. The Board of County Commissioners will hold a WorRshop on Homeland Security on Monday, April 30, 2007 at
2:00 p.m. in the County Commission Chambers.
13. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County
Commissioners meeting have been canceled due to lacR of quorum. Three Commissioners will be attending the
Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties
(NACO) Conference on July 17th.
14. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m.
in the County Commission Chambers.
15. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September
6, 2007 at 6:00 p.m.
16. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13,
2007 at 6:00 p.m.
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Paula A. Lewis, Chairman
Doug Coward, Vice Chairman
Joseph E. Smith
Charles Grande
Chris Craft
District No. I
District No.2
District No. I
District No.4
District No. I
AGENDA
Februarp II, 2007
I. MINUTES
Approve the minutes from the meeting held on January 23, 2007
2. GENERAL PUBLIC COMMENT
CONSENT AGENDA
I. WARRANTS LIST
Approve warrants List No. 17, 18 and 19.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal?en by the Board at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made.
Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be
granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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Charles Grande, Chairman
Chris Craft, Vice Chairman
Joseph E. Smith
Doug Coward
Paula A. Lewis
District No.4
District No. I
District No. I
District NO.2
District No. I
AGENDA
Februar, II, 2007
I. MINUTES
Approve the minutes from the meeting held on January 23, 2007
2. GENERAL PUBLIC COMMENT
CONSENT AGENDA
I. WARRANTS LIST
Approve Warrants List No. 17, 18 and 19.
2. COUNTY AnORNEY
South Hutchinson Island Emergency Dune Restoration Project - Temporary Construction Easements - Res. 07-
04 - Parcel 51 - Sand Dollar Villa (Condo A thru E) - Res. 07-05 - Parcel 53 - Dune WalR by the Ocean
Condominium Association, Inc. - Consider staff recommendation to accept the Temporary Construction
Easements, authorize the Chairman to sign Resolution No. 07-04 and 07-05 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.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY FLORIDA
THE RESERVE DRI PUBLIC HEARING
Date: January 17,2007
Convened: 6:00 p.m.
Adjourned: 7:00 p.m.
Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug
Coward, Charles Grande
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Robert Nix, Growth Management Director, Millie Delgado-Feliciano, Deputy
Clerk
1. GROWTH MANAGEMENT
Request to rescind or amend Resolution No. 04-081, Notice of Proposed Change
amended Development Order (seventh amendment) for The Reserve Development of
Regional Impact, developer: Kolter- If a settlement cannot be reached, amend Resolution
No. 04-081 by adopting in its place Resolution No. 06316, and render resolutions
simultaneously to the Florida Department of Community Affairs and all other statutorily
mandated agencies.
The Chairman advised everyone that the parties have come to an agreement.
The County Attorney outlined the issues. Upland Preservation! Park and Recreation
amenities
Upland Preservation- At the last meeting the attorney alluded to the Legacy golf course
and that it should not be considered part of the Development order. The Legacy golf
course has been deleted from the development order in the settlement process. Result:
37.5 acres will be subtracted from the 490 acres. Elimination of the proposed 125 acres
of the micro sited areas from the development order and eliminating those restrictions is
being proposed as requested by the residents.
327.5 acres is the new upland acreage. The Environmental Director reviewed the upland
habitat that is protected. 343.2 acre is protected habitat within the city and the county
combination it does not include the Legacy and the microsited areas.
There were issues about the parks. In the original development order there were 4- 2acres
parks required. There were two park sites everyone previously agreed on at the last
meeting and they were The Island Club and Entry Park on the west side of the sub
division but there was not an agreement on the other two sites. Since that meeting,
proposed Preserve Park 2 acres at the northern part of the development and also the
proposed made stone park also 2 acres also north of the proposed development. The
addition of those two parks, they believe the developer has complied with the prevision
of development order that pre-dated thè changes that were made in 2004. They have
discussed this with the Director of the Regional Planning Council, Michael Busha, he
received a letter from him that read the following:
Dear Dan:
Council has reviewed the revised settlement agreement for the Reserve DRI dated
January 12th, Counsel will not oppose or object to this agreement in settling the Reserve
Development issues.
The County Attorney addressed the settlement agreement changes: Page 2, whereas
clause, strike the word "consider" and replace it with "determine".
Page 3, add a new whereas clause: Whereas Reserve Homes has agreed to turnover the
Home Owners Association in accordance with the terms outlined in the letter attached as
exhibit K.
Page 4, little d- ii where it says new more ledgeable map h insert (master site plan)
Page 6 paragraph 4 (8 lines down), (not less than 93 acres, strike and put approximately
92 acres, also further down, strike words "neither own nor", and place "not" to read (not
developed by Reserve homes).
Page 7 (a) five lines down, put word "alleged" before residential and strike last three
words of that sentence and place the word " is located". The next line also put word
alleged and (unintelligible word) would allege before residential. 3 lines up from bottom,
stop sentence after acreage place a period after the word strike the words" under any
recorded restrictions with respect thereto ".
Page 8, five lines up from bottom, strike the words" to map c " and the word c and insert
the word "as" for clarification purposes. Page 13, after exhibit a, copy of the amended
development order, insert Resolution No. 04-081.
Page 14 a the top exhibit B-1 srtike map c and put in " table of all native upland habitat in
the Reserve DRI ". Also add exhibit K under J a letter from Reserve Homes to the
Presidents of each sub association in PGA Village. This letter relates to the turnover of
the Homeowners Association.
He believed these are the changes to the agreement. With regard to the micro sited area,
he recommended the county write a letter to the PGA Property Owners Association Inc.
to the affect the county will not require the association to enforce restrictions on
micrositing, and will not object to eliminating those restrictions from the Homeowners
governing documents. This was recommended by Special Counsel and the County
Attorney.
Staff recommends the Board approve the settlement agreement as amended with the
attached letter as outlined.
The Chairman asked the Environmental Director if they agreed with settlement
agreement as outlined.
Ms. Bessey stated she and her staff were comfortable with the acreage as outlined in the
agreement.
Dr. Mark Edwards, Reserve, addressed the Board and expressed their appreciation in
reaching a settlement agreement with all parties.
Ms. Pam Hammer, Reserve stated additional items agreed upon were, there would be a
50 ft. buffer along the back of the property adjoining the industrial area. Also the 1500- 8
ft. pine trees to be placed along the perimeter on the east side. Ms. Hammer thanked staff
primarily the Environmental Director.
Ms. Evelyn Lane, President PGA Homeowners Association addressed the Board
regarding the commercial aspect of the development order and hoped it could now move
forward.
Mr. John Csapo, Kolter addressed the Board and thanked the County staff for all their
efforts in making this possible today.
The Chairman thanked PORI, PGA Group and Kolter for willing to work with the
community.
----..,..-.--"
It was moved by Com. Grande, seconded by Com. Lewis to approve County Attorney's
recommendations for settlement, and; upon roll call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chainnan
Clerk of Circuit Court
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: February 6, 2007
Convened: 6:00 p.m.
Adjourned: 9:35 p.m.
Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug
Coward, Charles Grande
Others Present: Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Don West, Public Works Director, Michael Brillhart, Economic/Strategic
Development Director, Mike Pawley, County Engineer, Robert Nix, Growth
Management Director, Hank Flores, Planning Manager, Millie Delgado-Feliciano,
Deputy Clerk
1. MINUTES
It was moved by Com. Coward, seconded by Com. Smith, to approve the minutes of the
meeting held January 16,2007 and January 23, 2007, and; upon roll call, motion carried
unanimously.
2. PROCLAMATION PRESENTATIONS
A. A presentation was made by Ericka D' Avanzo of the Surfrider Foundation,
Ms. Malia Hale from the National Wildlife Federation and Mr. David Conrad,
National Wildlife Federation, Washington also made presentations on the
status ofWRDA.
3. GENERAL PUBLIC COMMENTS
Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the Port, Cocaine not
being taxed, the sorting of plastics and the Spur Jetty and the fact he noticed the concrete
was cracking.
The Public Works Director advised the Board he would looking into the matter ofthe
jetty.
Mr. Steve Ribecoff, area resident, thanked the Board for the fish cleaning table project.
The Board announced the Geo Plasma workshop was scheduled for February 12,2007 at
1 :30 p.m. in the Chambers.
4. 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. 17 and 18.
2. COUNTY ATTORNEY
1
01/26"07
FZABWARR
FUND
001
001167
001172
001174
001177
001179
001180
001181
001182
001404
001412
001415
001418
001424
001814
101
101001
101002
101003
101004
101006
101105
101213
J 01216
_~"¿001
102803
105
107
107001
·107002
107003
107006
130
140
140001
140327
150
160
170
183
183001
183004
183006
185007
185008
201
310003
310202
315
316
~'.6001
_.ù05
39007
39008
396
ST. LUCIE COUNTY - BOARD
WARRANT LIST #17- 20-JAN-2007 TO 26-JAN-2007
FUND SUMMARY
TITLE
General Fund
FTA Section 5303 Grant FY 05
CDBG Grant FY 05
FHFC Disaster Relief Grant
Section 112/MPO/FHWA/P1anning 2006
CSBG FY 06
US Dept Housing HUD Shelter Plus Gr
FTA Section 5307 Operating & Capita
CSBG Grant FY07
05 CDBG Sup Disaster Recovery
CTD Medicaid Non-Emrg Grant FY 07
TDC Planning Grant FY 07
FDCA EMPA FY07
Dept of Financial Services My Safe
Floridian Aquifier Well Monitoring
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
FDOT-Hurricane Jeanne-Damage Cty Rd
FDOT 25th St. Widening
DEP River Park Baffle Box
Unincorporated Services Fund
Drainage Maintenance MSTU
Paradise Park, S L C Stormwtr Imp.
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund-Court Related Technology
SLC Public Transit MSTU
Port & Airport Fund
Port Fund
FDOT Access Roads Ph.2 A/P IPW
Impact Fee Collections
Plan Maintenance RAD Fund
Court Facilities Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FHFA SHIP FY06j07
FHFA Hurricane Housing Recovery
So County Regional Stadium Debt
Impact Fees-Public Buildings
FDEP Land/Water Fund "River Pk"
County Building Fund
County Capital
Transportation Capital
County Capital-St Revenue Share Bnd
Navajo Avenue So MSBU
Indian River Estates MSBU
Harmony Heights MSBU
Lennard Road 1 - Roadway Capital
EXPENSES
787,649.12
96.54
5,143.00
1,969.00
1,621.41
18.05
6,467.43
253,693.00
1,723.38
1,857.64
1,560.75
242.87
7,322.48
284.45
120.49
30,956.64
1,299.04
79,315.67
146,979.11
20,074.42
154,599.39
50,020.38
763,532.76
3,288.00
64,221.62
17,165.84
2,850.00
2,482.55
115,536.10
3,777.95
20,962.49
2,817.52
5,428.39
130,360.90
9,250.85
5,038.78
461,039.95
2,521.41
1,771.29
85,954.00
4,903.97
459.43
3,204.39
662.06
887.33
7,051.78
49,481.30
1,575.00
14,507.00
3,864.61
23,780.05
25,680.70
168,396.92
75,307.13
103.04
103.04
103.04
PAGE
PAYROLL
644, B16 .12
717.27
0.00
0.00
4,631.22
0.00
0.00
0.00
1,722.09
3,367.49
0.00
622.92
0.00
1,300.80
1,391. 91
45,460.88
0.00
43,007.27
33,198.42
19,492.58
0.00
0.00
0.00
0.00
83,263.23
6,890.94
0.00
0.00
135,418.73
1,019.04
2,006.24
0.00
6,248.06
0.00
14,677 .42
0.00
0.00
2,130.40
3,209.92
0.00
0.00
0.00
2,728.70
0.00
1,021.00
2,987.07
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
(/~ .(0'7
01/26/07
F'7.ABWARR
FUND
397
398
401
418·u
451
458
461
471
478
479
491
505
505001
611
625
650
665
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #17- 20-JAN-2007 TO 26-JAN-2007
FUND SUMMARY
TITLE
Lennard Road 2 - Water Capital
Lennard Road 3 - Sewer Capital
Sanitary Landfill Fund
-Golf-.course -Fund -- ..-----.-. .n______·
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Uti1 Dist-Capital Facilities
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
Agency Fund
SLC Art in Public Places Trust Fund
Bank Fund
GRAND TOTAL:
EXPENSES
103.04
103.04
181,848.75
51,376.32
33,680.38
499.67
21,119.94
12,312.29
24,190.37
87,594.54
57,849.28
183, 95L 77
19,195.93
1,514.39
14,219.04
4,19L84.
35,000.00
345,789.40
4,705,625.44
PAGE
PAYROLL
0.00
0.00
73,438.09
22,927.09
1,965.88
539.53
17,408.85
7,955.53
868.32
1, 45L 98
67,159.20
5,748.15
0.00
0.00
0.00
0.00
0.00
0.00
1,260,792.34
2
02/02/07
F'7.ABWARR
FUND
001
001159
001167
001172
001174
001177
001180
001182
001404
001415
001418
001419
001424
001814
101
101001
101002
101003
101004
101006
101108
101109
102
, 1)2001
803
...",]
107001
107002
107006
107148
109
113
114
116
117
119
123
126
127
128
129
130
130204
136
138
140
140001
150
160
183
183001
'Q3004
006
.....5007
185008
310002
310003
ST. LUCIE COUNTY - BOARD
WARRANT LIST #18- 27-JAN-2007 TO 02-FEB-2007
FUND SUMMARY
TITLE
EXPENSES
General Fund
FTA Section 5303 Grant FY 04
FTA Section 5303 Grant FY 05
CDBG Grant FY 05
FHFC Disaster Relief Grant
Section 112/MPO/FHWA/Planning 2006
US Dept Housing HUD Shelter Plus Gr
CSBG Grant FY07
05 CDBG Sup Disaster Recovery
TDC Planning Grant FY 07
FDCA EMPA FY07
FDCA-Construct County EOC
Dept of Financial Services My Safe
Floridian Aquifier Well Monitoring
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
FHWA/FDOT County Rds-H. Frances
FHWA/FDOT County Rds-H. Jeanne
Unincorporated Services Fund
Drainage Maintenance MSTU
Paradise Park, S L C Stormwtr Imp.
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
F&F Fund-Court Related Technology
USDOJ State Criminal Alien Assist
Drug Abuse Fund
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
Queens Cove Lightlng Dist#13 Fund
Southern Oak Estates Lighting
Pine Hollow Street Lighting MSTU
Kin~s Hwy Industrial Park Lighting
Parka MSTU Fund
SLC Public Transit MSTU
FDOT - Intermodal Facility Grant
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Port & Airport Fund
Port Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FHFA SHIP FY06/07
FHFA Hurricane Housing Recovery
Impact Fees-Parks
Impact Fees-Public Buildings
2,297,132.88
20,366.30
122.89
20,390.00
10,124.00
36,469.68
340.00
30,013.20
462.27
246.81
2,028.30
126,274.00
306.54
274.20
17,223.50
13,312.40
144,942.60
13,990.49
19,463.29
146,936.32
424,063.04
861,184.93
40,007.09
39,770.54
4,000.00
3,446,323.83
3,813.46
5,591.21
26,309.54
36,262.37
35.00
227.86
497.33
555.70
138.39
859.20
289.38
119.89
361. 57
483.32
220,842.90
192.67
4,492.00
1,426.57
248.85
4,182.13
9.54
419.70
1,033.33
3,459.16
140.00
654.47
1. 89
4,071.77
9,548.46
862.45
13,000.00
PAGE
PAYROLL
2,297.60
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
02/02/07
F7.ABWARR
FUND
316
316301
317
362
401
418
451
458
461
471
478
479
491
505
611
625
630
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #18- 27-JAN-2007 TO 02-FEB-2007
FUND SUMMARY
TITLE
County Capital
FDOT Intermodal Improvements
County Capital-St Revenue Share Bnd
Sports Complex Improv Fund
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Building Code Fund
Health Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
Tax Deed Overbid Agency Fund
Bank Fund
GRAND TOTAL:
EXPENSES
26,796.20
32,789.40
14,563.35
15,500.00
299,856.48
10,343.03
11,350.44
6,023.25
11,634.15
42,325.56
177.30
6,845.54
15,623.33
316,950.61
909.90
1,012.14
54,943.25
32,126.18
8,955,669.32
PAGE
PAYROLL
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
5,104.64
0.00
0.00
0.00
0.00
7,402.24
2
A. Contract for Sale and Purchase- Paradise Park Stormwater Improvement-
Adeline Ramlow- Tax J.D. 1433-801-0005-000/7- The Board approved the
contract for sale and purchase from Adeline Ramlow for the purchase price of
$23,000 and authorized the Chairman to sign the Contract, directed staff to
proceed with the closing and record the Warranty Deed n the Public Records
of St. Lucie County.
B. Revocable License Agreement Runway's End, LLC Industrial 33rd St- The
Board approved the Revocable License Agreement authorized the Chairman
to sign the Revocable License Agreement and directed Runway's End, LLC to
record the document in the Public Records of St. Lucie County.
C. Contract for Sale and Purchase- Paradise Park Stormwater Improvement-
Larry and Dorothy Long - Tax ID 1433-701-0274-000/6- The Board
approved the Contract for Sale and Purchase from Mr. & Mrs. Long for the
purchase price of $27,500.00 authorized the Chairman to sign the Contract,
directed staff to proceed with the closing and record the Warranty Deed in the
Public Records of St. Lucie County.
D. Extension of Declaration of State of Local Emergency- Indian River Drive-
The Board approved the Declaration and authorized the Public Safety Director
to sign the Declaration.
E. Agreement with Howard Group to pay fee in Lieu of Construction Concrete
Sidewalks- The Board approved the Fee in Lieu of Construction Agreement
with Howard Group and authorized the Chairman to sign.
F. Donation Policy- The Board approved the draft Donation Policy.
G. Towns, Villages and Countryside Stewardship District- Permission to
advertise Public Information Meeting- The Board approved advertising a
Public Information meeting on March 1,2007 at 6:00 pm.
H. Sun Coast Builder G.C. Inc.,- Refund of Heritage Drive Traffic Signal
Contribution- The Board authorized the refund of the contribution paid by
Sun Coast Builder, G.C. Inc., for installation of a traffic signal on Heritage
Drive.
3. PUBLIC WORKS
A. Purchase of Dell PowerEdge 2950 Server for IVR System- The Board
approved the proposal from Dell regarding Quote # 1372 in the amount of
$7,213.80 and Quote # 1379 in the amount of$598.32. Approved Budget
Amendment BA 07-035 in the amount of$7,813.00 and EQ 07-305.
B. Engineering Division- Resolution No. 07-057- To establish budget for
Airport Industrial Park MSBU- The Board approved Resolution No. 07-057.
C. Engineering Division- South 26th St. WastewaterIFlood Improvements
Project- Approval of Budget Resolution No. 07-033- The Board approved
Resolution No. 07-033 to accept a monetary contribution from the Ft. Pierce
Utilities Authority, and authorized the Chairman to sign.
D. Engineering Division- Award of Bid No. 07-019 for the Kings Highway
Canal Replacement at Sebastian Road project to Johnson Davis, Inc., in the
amount of $246,522.00. The Board approved awarding Bid No. 07-019 for
the Kings Highway Canal Replacement project to Johnson Davis, Inc., in an
mount not to exceed $246,522.00; establish the project budget as outlined in
the attached memorandum and authorized the Chairman to sign the contract as
prepared by the County Attorney.
2
E. Engineering Division Award of Bid No. 07-020 for the Kings Highway Canal
Culvert Replacement at Lakeland Blvd., project to Johnson Davis, Inc., in the
amount of $256,921.00 - The Board approved awarding Bid No.07-020 for
the Kings Highway Canal at Lakeland Blvd., project to Johnson Davis, Inc., in
the amount of$256,921.00; establish the project budget as outlined and
authorized the Chairman to sign the contract as prepared by the County
Attorney.
F. Engineering Division- Award of Bid No. 07-021 for the Kings Highway
Canal Culvert Replacement Winder Garden Parkway project to Johnson
David, Inc., in the amount of $249,684.00. The Board approved awarding
Bid No. 07-021 to Johnson Davis in the amount of $249,684.00 established
the project budget as outlined and authorized the Chairman to sign the
contract as prepared by the County Attorney.
4. PARKS AND RECREATION
A. Concrete slabs at Lawnwood Recreation Area (Budget Amendment No, BA
07 -031) - The Board approved Budget Amendment BA 07-031 and
authorized to pour two concrete slabs in front of the mechanic shop and under
the "home" bleachers at Lawnwood Football Stadium at a cost of$5,730.00.
B. Contract cancellation /Kids Krusade Inc., (C06-12-727) The Board approved
the Chairman cancelling contract C06-12-727 with Kids Krusade Inc., for use
of Dreamland Park, effective March 10, 2007.
C. Resurfacing of Pepper Park Tennis Courts- The Board approved to reallocate
$13,800.00 from the operations budget and resurface the two tennis courts at
Pepper Park.
D. Tradition Field FY 06/07 Capital Improvements - The Board approved
allowing SFS to install a "ticket window intercom system" at a cost of
$3,840.00 bringing the total dollars approved to date to: $104,004.00. Funds
will be made available from loan proceeds. No expenses will be incurred until
loan is secured.
E. Urban and Community Forestry Grants- The Board authorized waiving the
competitive bid process for the installation of the trees, and allow staff to
retain the services of Growing Concern Tree & Landscape, and Sunshine
Land Design, Inc.
F. Tradition Field ADA Improvements & Work Authorization No. 13 to contract
C05-05-248- The Board approved Work Authorization No. 13, and approved
making payment to Edlund Dritenbas and Binkley Associates in the amount of
$3,118.69 per contract for ADA consulting work at Tradition Field.
5. PURCHASING
A. Permission to re-issue Request for Qualifications for continuing contracts to
provide various Architectural and Engineering Services- The Board approved
advertising and re-issuing Request for Qualifications for continuing contracts
to provide various Architectural and Engineering services.
B. Amendment of Consultant Contracts- The Board approved the First
Amendment to the listed contracts and authorized the Chairman to sign the
Amendments as drafted by the County Attorney.
C. Amendment of Consultant Contracts- The Board approved the First
Amendment to the listed contracts and authorized the Chairman to sign the
Amendment as drafted by the County Attorney.
3
D. Permission to issue a Request for Proposals to lease the properties located at
3821 and 3811 Ridgehaven Road, Ft. Pierce, Fla. 34946. The Board
approved advertising and issuing a request for proposals to lease the
properties located at 3821 and 3811 Ridgehaven Road, Ft. Pierce located in
the St. Lucie County International Airport.
E. Third Extension to Contract C03-02-247 with Corzo, Casella, Carballo, et al.
and Contract C03-02-257 with Jenkins and Charland, Inc., for Structural
Engineering Services- The Board approved the third extension to Contract
C03-02-247 and Contract C03-02-257 and authorized the Chairman to sign
the extensions as prepared by the County Attorney.
F. Request the Board of County Commissioners to rescind the award of
Invitation to Bid No. 06-105 to Gary Roberts Nursery and Landscape and re-
award a multiple contract to Sunshine Land Design, Inc., and The Growing
Concern Tree and Landscape- The Board approved rescinding the award of
the Invitation to Bid No. 06-105 and re-award a multiple contract to Sunshine
Land Design, Inc.. and The Growing Concern Tree and Landscape and
authorized the Chairman to sign the contracts as prepared by the County
Attorney.
G. Approval of Amended Schedule "A" for Contract C03-02-208 with Municipal
Software Corporation- The Board approved the amended schedule "A" to
Contract C03-02-208 with Municipal Software Companies for annual license
renewals for the amount of $33,898.50 and authorized the Chairman to sign
the amended schedule "A" as prepared by the County Attorney.
H. Ninth Amendment to Contract No. C02-11-124 with Aquagenix for providing
Aquatic Vegetation Control of Drainage Right of Ways, Waterways, Lakes,
Ponds and Water retention areas - The Board approved the Ninth Amendment
to Contract No. C02-11-124 with Aquagenix adding 384 acres of water lettuce
control, increasing the contract amount $48,000 and authorized the Chairman
to sign the Amendment as prepared by the County Attorney.
1. Request permission to begin Phase 1 of the County Cell Phone Allowance
Program- The board approved beginning Phase 1 of the County Cell Phone
Allowance program.
J. Third extension to Contract C03-02-222 with Sims Wilkerson Engineering
Inc., Contract C03-02-225 with Culpepper & Terpening Inc., Contract C03-
02-235 with Hazen & Sawyer P.C. Contract C03-02-269 with Kimley Horn
and Associated, Inc., C03-02 -244 with Keith and Schnars for engineering
services. The Board approved the Third extension to Contract C03-02-225,
C03-02-235, C03-02-269 and C03-02-244ffor General Engineering Services
and authorized the Chairman to sign the extensions as prepared by the County
Attorney.
6. INVESTMENT FOR THE FUTURE
A. Parks and Recreation- Fish Cleaning Station/Stan Blum Boat Ramp/Approve
BA No. 07-032 and Capital Request No. 07-100- The Board approved St.
Lucie County residents request to provide a fish cleaning station at Stan Blum
boat ramp and authorized staff to use $5,000 from Investment for the Future
funds to cover the costs of materials and water/electric hookup, and approved
BA 07-032 and Capital Request No. 07-100.
B. Parks and Recreation- Edlund Binkley - 2nd Amendment /Ravenswood
Splash Park- The board approved the second amendment to Edlund Britenbas
Binkley's contract in the amount of$2,813.05 due to an increase in permitting
work responsibilities. Total reimbursable fess will increase to $104,712.05.
4
C. Central Services- Purchase a DVR System for South County Annex Security-
The Board approved Budget Amendment # BA 07-039 and Equipment
Request # CSEQ07-301 approved the use of available FY 06-07 IFF Funds,
Central Services Project Reserves in the amount of$2,395.00, approved the
purchase of a DVR System for the South County Annex security.
D. Central Services- Correction to Bid # 07-010/Waterproofing of Various St.
Lucie county Buildings- State Attorney Office-Empire 1 @ $74,000 should
have been $74,900.00. The Board approved the correction to Bid # 07-010
State Attorney Office Empire 1, for this location only the bid amount should
have been $74,900.00 the Board authorized the Chairman to sign the contract
as prepared by the County Attorney.
7. ADMINISTRATION
Treasure Coast Regional Planning Council Comprehensive Economic Development
Strategy Committee- The Board ratified Com. Craft's appointment of Candice Walker to
the Treasure Coast Regional Planning Council Comprehensive Economic Development
Strategy Committee.
8. GRANTS
Amendment to Agreement with the Indian River Lagoon National Estuary Program- The
Board approved the request for an additional amount not to exceed $80,000 for assistance
in controlling invasive exotics plant species at Blind Creek Park, and approved
acceptance of the amendment if awarded.
9. MEDIA RELATIONS TOURISM
TDC/Special Event Grant Application- The Board approved the TDC's and staff
recommendation to approve the Special Event Grant Agreement totaling $1,250 to the Ft.
Pierce Jazz & Blues Society as a drafted by the County Attorney and authorized the
Chairman to sign the agreement.
10. CENTRAL SERVICES
River park Marina- Summerlin Seven Seas/Contract # C06-08-469 Change Order No. 1 -
The Board approved Change Order No.1 to Contract No. C06-08-469 Summerlin Seven
Seas, River Park Marina project to increase the contract sum in the amount of $4,700.00
and increase the contract time by ninety days with a date of substantial completion on
January 31,2007 and authorized the Chairman to sign the Change Order as prepared by
the County Attorney.
11. ECONOMIC AND STRATEGIC DEVELOPMENT
Letter of Intent- The Board approved the Letter of Intent for a Job Growth Investment
Grant between St. Lucie County and Agenisys Corp and authorized the Chairman to sing
the Agreement.
REGULAR AGENDA
5.A GROWTH MANAGEMENT
Petition of Lennar Homes, Inc., for a 12 month extension of the approved Final Planned
Unit Development Site Plan known as Silver Oaks- PUD Draft Resolution No. 07-018
which would grant a 12 month extension to the approved project, the new expiration date
would be March 1,2008.
Mr. Gary Hunter, representing the applicant, addressed the Board and advised them his
reason for the extension was due to the fact they had just received the ERP permits and
also due to the fact the Lennard Road project has been delayed.
5
Mr. Wally Sites, Tilton Road resident, addressed the Board and requested information on
the status of the Lennard Road project.
The County Engineer advised Mr. Sites they are presently on hold due to the MSBU.
They are missing the right of way necessary and as soon as it is available they will be
moving forward with the project.
Mr. Tim Snyder, Gillatti Road resident, addressed the Board and expressed his concern
with the project not accommodating those who ride horses in the area.
Staff informed Mr. Snyder the original plan was to have an equestrian improvement made
in the area however, they had requested assistance from the property owners in obtaining
the right of way and they could not get it.
Mr. Frank Knott, area resident, addressed the Board and questioned the Lennard Road
PD&E. He also requested the vegetation buffer be re-evaluated due to the previous
storms.
Ms. Elizabeth McCabe, Shanis Trail resident, addressed the Board and stated the
developer has had two years to do the project and felt they have enough development in
the county. She also stated the design does not flow with the area.
Mr. Stewart Hosie, area resident, addressed the Board and questioned how they would be
obtaining the water and sewer for the project.
QUASI-mDICIAL
Com. Craft and Com. Coward acknowledged having a conversation with Mr. Boggs from
Lucido and Associates.
It was moved by Com. Grande, seconded by Com. Smith, to grant a 12 month extension
for the Final PUD known as Silver Oaks, and; upon roll call, motion carried
unanimously.
5.B COUNTY ATTORNEY (1:05:51)
Public Hearing- Petition for Abandonment of a portion of Rock Road North of 1-95 to
Angle Road- Resolution No. 07-022- Consider staff recommendation to approve
Resolution No. 07-022 denying the abandonment of Rock Road, authorizing the
Chairman to execute the Resolution and record the Resolution in the Public Records of
St. Lucie County.
Mr. Jonathan Ferguson, Ruden, McCloskey, attorney for the applicant addressed the
Board and stated this issue came up from engineering at the last minute. They met with
the County Engineer and unfortunately did not come to a compromise because they
wanted 100 ft. right of way.
At the conclusion of the discussions the applicant came back with a proposal of two
options:
The developer is still willing to work into the project 80 feet of right of way and in doing
so they asked for two considerations; a) they be permitted to continue with the final site
plan with the change to the preliminary and it not be deed a major change to a
preliminary plan that would require them to go back and start over with a preliminary
plan. If this can be done, they are then willing to go back and try to work in an 80ft right
of way and ask for a continuance of this hearing to find out how much of Rock Road
should be abandoned.
If engineering insists on a 100 ft. right of way, then they would respectfully insist to be
allowed to move forward with the approved preliminary plan.
6
The County Engineer stated there was no compromise offered to him. He believes it is
not logical to have 80 ft. right of way, they can not do a 4 lane roadway with the
necessary amenities.
The Board requested more information before the next meeting.
It was moved by Com. Coward, seconded by Com. Grande, to continue this item on
March 6,2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call,
motion carried unanimously.
The Asst. County Administrator advised the Board she would like to poll the Board
regarding the re-scheduling of the Grande Beach meeting. They do not have a date at this
time.
The BOCC meeting for February 13th originally scheduled for 1 :00 p.m. has been re-
scheduled to 9:00 a.m. as per the consensus of the Board.
5.C GROWTH MANAGEMENT (1:26:10)
Public hearing- Ordinance No. 2006-48 the Jenkins Road Planning Area Special District
Regulations - Consider staff recommendation to approve Ordinance No.2006-48.
The Growth Management Director addressed the changes and addition of language
previously requested by the Board.
In the house use lot standards, the average lot size will be changed to 4,000 sq. ft. rather
than the 5,000 sq. ft. This would insure the ordinance and the application to be
compatible. Staff is comfortable with this change.
Com. Grande stated the descriptive language is ambiguous to him.
The Growth Management Director stated it would be the average lot size would be 4,000
sq. ft. or a reduction of20%. There could be lager lots or smaller lots, the average would
be 4,000 sq. ft.
Com. Coward questioned the issues he raised at the first reading and reviewed the
requested changes.
Page 21 of 52 subsection "c" line 11 utilities shall run under ground there seem to be
some confusion. They agreed there would be a change in this language with regard to the
utility poles. He requested staffwork on the language. Also vegetation section, line 33,
change the language to "shall preserve it" instead of "may preserve it". Also line 17
consistent with the" shall" instead of " may" language.
In the prior discussion regarding "lamp posts" line 21 page 53, it was suggested the
words "light posts" be used instead of utility posts.
Mr. Buddy Googe, representing the Angle Road Development LLC, Tuscany
Development filed back in 2004, just under 31 acres, advised the Board they are waiting
for final comnients from DCR. There was never a mention of Jenkins Road back in the
discussion with DCR and now it goes onto their property. There already is a designation
of 90ft. along Angle Road. He advised the Board they were in opposition to this
ordinance.
Mr. Jonathan Ferguson, Ruden McCloskey, addressed the Board and questioned if the
ordinance was adopted, would it apply to the Preserve project he is working with.
The County Attorney advised Mr. Ferguson that he would like to look at factual
information with dates and he would then respond in writing to Mr. Ferguson.
7
Mr. Joe Miller, area resident, addressed the Board with regard to the Eagle Bend PUD .
He congratulated the Growth Management Director on providing the road grid. He stated
in his opinion the overlay was a "win/win" for everyone and asked the Board approve the
Ordinance.
Mr. Joe Campbell, 4910 Orange Avenue and owner of two parcels in the middle of the
area addressed the Board and stated he felt the area was not suitable for 3 story buildings
making it a high density project around his property. He asked if the project Land Design
South would have more than one entrance.
Mr. Nix advised the Board he was not aware of the project.
Mr. Jonathan Ferguson advised the Board this project is in its early stages and had not
been submitted to the county as of yet.
The County Attorney suggested the following: page 13 of 53, at the top, " all proposed
zoning and development is required to be consistent with the plan and compatible with
surrounding existing and proposed development".
It was moved by Com. Grande, to approve the Jenkins Road overlay with the change as
recommended by the County Attorney and changing the 4,000 sq. ft. back to 5,000 sq. ft;
Motion died for lack of second.
Com. Coward requested information on the affordable housing issue.
The Growth Management Director stated he felt the ordinance had adequate provisions
for this unless they wish to add the 10% standard as provided in the TVC.
It was moved by Com. Smith, seconded by Com. Coward, to approve the Ordinance No.
2006-48 incorporating the provisions as read by Mr. Nix, the recommended changes as
requested by Com. Coward and including the words" and development" on page 13, and;
upon roll call, motion carried unanimously.
5.D GROWTH MANAGEMENT (2:29:11)
Continuation of the petition of P280 Land LLC for Preliminary Planned Development
Site Plan approval for a project to be known as Eagle Bend-PUD located on the south
side of Angle Road, approximately % mile east of Kings Highway, - Consider staff
recommendation to approve the petition of P280 Land LLC for Preliminary Planned
Development Site Plan approval for the Eagle Bend PUD.
QUASI JUDICIAL- All Board members acknowledged having contact with the
applicant before today's meeting.
The Growth Management Director reviewed the project and what has been changed to
make it comply with the Jenkins Road overlay plan. The applicant met with
Environmental Resources and they are happy with the proposed mitigation, also the
Board had requested some connectivity from the townhomes and the north west adjacent
to the commercial site and they have done this, the trees near the intersection of Angle
Road, these trees were found to be in the right of way so the trees will remain. They will
continue to work with staff concerning the traffic impact issues in time for the final PUD.
The Victoria Oaks project has provided acknowledgement that they are cooperating with
the Eagle Bend Development with regards to the land swap for the school site with the
School Board. There are 3 pedestrian connections with Eagle Bend and the open space
area.
The Growth Management Director continued to review the changes and or additions to
the project.
8
Com. Coward questioned what they would be committing to with regards to Jenkins
Road.
The developer is to make a money contribution to the cost of construction of a 4 lane
road from Angle to Orange Avenue, they will dedicate the right of way and do the
construction.. This should be placed as a condition of approval.
Mr. Julian Bryan, representing the applicant was present to answer any questions. He
stated they would be happy to construct to the extent all the way south to Orange Avenue.
Com. Coward stated he would feel more comfortable if the 50 units of affordable hosing
was added as a condition of approval.
Mr. Bryan stated they were more concerned with the figures (cost of the housing).
Com. Coward stated he would like to see the affordable housing at $175,000 to $180,000.
Ms. Cynthia Angelo stated they would commit to the $180,000. if the was a number the
Board was more inclined to use.
The Asst. County Administrator suggested utilizing the formula rather than an actual
figure and felt they needed more flexibility. She did not wish to be locked in since the
median income changes.
Com. Coward stated he would recommend utilizing the formula of30% of the average
Income.
Ms. Angelos agreed.
Ms. Angelos commented on the requirement entering into a binding agreement for the
four laning of Jenkins consistent with concurrency and stated they were in agreement
with this requirement. There were two submitted one for Eagle Bend and one for
Victoria.
The County Attorney recommended adding language since there was a requirement that a
developer must sign a binding agreement with the county to provide improvements to
roadways. He suggested adding on page 4, paragraph 4, "including the 4 laning of
Jenkins Road".
Mr. Joe Miller, area resident, advised the Board that in his discussion with the developer
of Eagle Bend, he had advised them if they needed additional right of way from Jenkins
Road south of their project to Orange Avenue, it was available. Also if they need an
easement of utility sewer and water the offer still stood.
Com. Grande requested the affordable housing units not be clustered in one area and the
units be spread out throughout the development. He would like for these units to be the
same as the other units.
Mr. Chip Bryan, developer stated he would be willing to commit to addressing this issue
and would like to bring back a refined plan and tailored plan at the final approval. They
always look at creative solutions and may be able to bring something back that may serve
the need of the county.
Com. Coward stated the test would be when they come back with final approval and felt
they needed to add general conditions/perimeters to let them know what they are looking
for.
Com. Coward asked if they had design standards for commercial.
The Growth Management Director stated they have commercial standards.
Com. Coward question if the requirement of bicycle and pedestrian paths was noted.
9
The Growth Management Director stated in the affirmative.
It was moved by Com. Coward, seconded by Com. Lewis, to approve the petition of
P280 Land LLC for Preliminary Planned Development Site Plan approval for the Eagle
Bend-PUD as amended to include the special condition with the workforce housing
providing at least 50 units of workforce housing based on the 30% average income in St.
Lucie County with the same design as adjacent buildings to be located throughout
development; in paragraph 4, adding more specific language as to the roadways
including the 4 laneing of Jenkins Road; also the conservation easement area be
permanent regardless of the status of the eagles, also the school site transferred to and
owned by the county and managed for preservation and passive recreational uses; and,
upon roll call, the vote was as follows: Nay: Grande, Aye's: Coward, Lewis, Smith,
Craft; motion carried by a vote of 4 to 1.
Com. Grande stated he would not b supporting this proj ect, 999 units in this area is to
intense and felt that the county was not getting enough for what they are giving.
6. GROWTH MANAGEMENT
This item was pulled and has been rescheduled for February 20,2007 at 6: 00 p.m. or as
soon thereafter as it may be heard.
RA.l ADMINISTRATION
Review and consideration of staff options pertaining to the implementation of a
Countywide Transferable Development program- Staff seeking direction from the Board.
It was the consensus of the Board to continue discussion on this issue on an individual
basis and then discus this at a workshop to be scheduled.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of Circuit Court
10
AGENDA REOUEST
ITEM NO. ó/ A
DA TE: February 13, 2007
REGULAR [X]
PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT:
Resolution No. 07-031 - Proclaiming February 11,2007, through February 17,2007, as "2-1-1 Awareness Week"
in St. Lucie County, Florida.
BACKGROUND:
Tara Martin, Community Relations Specialist, for 211 Palm BeachfTreasure Coast, has requested that this
Board proclaim February 11,2007 through February 17, 2007, as 2-1-1 Awareness Week in St. Lucie County,
Florida. The attached Draft Resolution No. 07-031 has been drafted for that purpose.
FUNDS AVAIL.:
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution No. 07-031 as drafted.
COMMISSION ACTION:
CE:
()è APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
Dou las nderson
County Administrator
County Attorney:
jv
Review and ADDrovals
Management & Budget
Other:
Purchasing :
Originating Dept.
Other:
Finance: (Check for Copy only, if applicable)___
Eft. 5/96
RESOLUTION NO. 07-031
A RESOLUTION PROCLAIMING FEBRUARY 11, 2007,
THROUGH FEBRUARY 17, 2007, AS "2-1-1 AWARENESS
WEEK" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Many times when individuals need help wi th meeting life's
basic needs they are not sure where to turn.
2. Palm Beach County and the Treasure Coast are fortunate to
have a non profit agency, 211 Palm Beach/Treasure Coast, that has
been in the community for more than 35 years providing information
and referral on community resources, telephone counseling for
distressed callers and suicide intervention.
3. 211 Palm Beach/Treasure Coast will be recognized as the
central linkage point in our community providing individuals with
the information and support they need to solve their problems.
4. Staff and volunteers at 211 Palm Beach/Treasure Coast,
available 24 hours a day, 7 days a week, assisted over 121,000
callers in need of information, referrals to social services
agencies or just someone to talk to last year alone.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. This Board does hereby proclaim February 11, 2007,
through February 17, 2007, as "2-1-1 AWARENESS WEEK" in St. Lucie
County, Florida.
2. This Board urges all citizens of St. Lucie County to be
aware of the only telephone number they need to know to access
information on over 4,200 programs in our community that provide
assistance in such areas as Insurance, Volunteering, Food, Day
Care, Mental Health Counseling, Support Groups, Home Health Care,
Financial Assistance, etc.
PASSED AND DULY ADOPTED this 13th day of February, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
;Jfrb /0 7
ðA
WHEREAS, many times when individuals need help with meeting life's basic needs
they are not sure where to turn; and
WHEREAS, Palm Beach County and the Treasure Coast are fortunate to have a non
profit agency, 211 Palm Beach/Treasure Coast, that has been in the community for more
than 35 years providing information and referral on community resources, telephone
counseling for distressed callers and suicide intervention; and
WHEREAS, 211 Palm Beach/Treasure Coast will be recognized as the central linkage
point in our community providing individuals with the information and support they
need to solve their problems; and
WHEREAS, staff and volunteers at 211 Palm Beach/Treasure Coast, available 24
hours a day, 7 days a week, assisted over 121,000 callers in need of information, referrals
to social services agencies or just someone to talk to last year alone.
NOW, THEREFORE, I, (name), (title) of
(city/county), hereby proclaim February 11, 2007 - February 18, 2007 as
2-1-1 AWARENESS WEEK
in (city/county) and urge all citizens to be aware ofthe only telephone
number they need to know to access information on over 4,200 programs in our
community that provide assistance in such areas as Insurance, Volunteering, Food, Day
Care, Mental Health Counseling, Support Groups, Home Health Care, Financial
Assistance, etc.
IN WITNESS WHEROF, I hereunto set my hand and cause the official seal of
the (city/county), Florida, to be affixed this _ day of February, 2007
AGENDA REQUEST
ITEM NO.
/-
!(;'
DA TE: February 13, 2007
REGULAR [X]
PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT:
Resolution No. 07-056 - Amending Resolution No. 86-195 (which designated a speed limit of thirty-five (35)
miles per hour on the paved portions of Rock Road, Picos Road, and Campbell Road; and further designated stop
signs be installed at the intersections of Picos Road and Campbell Road, making both Picos Road and Campbell
Road stop streets at said intersection); by amending the speed limit on Rock Road to twenty-five (25) miles per hour
from the intersection of Orange A venue North to the end of the pavement at the St. Lucie County Jail.
BACKGROUND:
Please see attached Memorandum Number 07-0195.
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution No. 07-056 as drafted.
Approved 4-0
Comm. Grande Absent
CE:
COMMISSION ACTION:
" APPROVED [] DENIED
[ ] OTHER:
County Attorney:
~/
Review and Approvals
Originating Dept.
Management & Budget
Other: ¿.Iff Fe.., Ç.,jcq
Purchasing : ~
O'he, ~ < ~ 7(..., I........
_/ . (/
~ 'f::4t J: MiJl~~ 96
zf'Jjo 7
Finance: (Check for Copy only, if applicable)___
INTER-OFFICE MEMORANDUM
COUNTY ATTORNEY'S OFFICE
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO: 07-0195
DATE: February 1, 2007
SUBJECT: Resolution No. 07-056 - Amending Resolution
No. 86-195 as necessary
BACKGROUND:
Palm Breezes, under its development order, was required to
construct a southbound left turn lane on Rock Road at the
intersection at Orange Avenue.
Hawk's Reserve, under its
development order, was required to provide right-of-way and
reconstruct Rock Road adjacent to the western limits of their
development to Orange Avenue. Additionally, they were to perform
a traffic study for the intersection of Orange Avenue and Rock Road
to determine if signalization warrants. This work has already been
completed.
According to the study, a signal at the intersection is not
warranted.
However,
in order to construct the necessary
improvements and realign Rock Road, a reduction in the speed limit
to twenty-five (25) miles per hour will be necessary. The attached
Resolution No. 07-056 which amends Resolution No. 86-195, has been
drafted for that purpose.
At tached please find a letter from the engineering firm
designing the north side of the intersection of Rock Road at Orange
Avenue, along with a drawing of the Orange Avenue/Rock Road area.
Engineering and the Sheriff concur with the information
provided and supports the reduction in the posted speed limit.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board adopt the attached Draft
Resolution No. 07-056 and direct the County Administrator to
provide a copy of this Resolution to the Sheriff and the
Superintendent of the Road Department thereby directing the Road
Department to erect speed limit signs of 25 miles per hour on Rock
Road from the intersection of Orange Avenue North to the end of the
pavement at the St. Lucie County Jail.
In all other respects,
Resolution No. 85-195 shall remain in full force and effect.
DSM/cac
Attachments
HSQ GROUP, INC.
Consulting Engineers · Planners · Transportation
14000 Military Trail, Suite 103
Ddray Beach, Florida 33484
(561) 637-0955 Phonc· (561) 637-4731 Fax
.A[~~~: "';', rç'oF¡lþf/v1
July 19,2006
Mike Powel1y, P.E.
St. Lucie Cou.nty Engineer
ST. LUCIE COUNTY - ENGINEERING DIVISION
2300 Virginia A venue, 2ND Floor Annex, R()om 229
Ft. Pierce, FL 34982
~. !... [[.00....... ~...u.....w......... ΠJ~. fi !.I
~J, 42 4. æJ
t
ENGINEERlNG
RE: Rock Road
Palm Breezes Club
HSQ Project # 0503·21
D~arMr. Powelly:
Thank yöu for meeting with me on July 19, 2006 to discuss the new alignment of Rock Road. As you knOI,V HSQ
Group, Inc. is the design engineer 011 behalf of Ccntex Homes for the Palm Breezes Club. As part of the offsitc
improvements, Resolution number 04-082, a. southbound lefttum lane at Rock Road must be constructed at the
intersection of Orange Avenue.
We submitted the permit plans to your office on February 28, 2006. We received comments back that the road
mllst be realìgncd with the south leg to improve the safety of the intersection. Also right of ,"vay 1ines were
requested to be shown on the plans.
We evaluated many options for the ali~::..rnment Qfthis intersection bearing in mind the following restricting factors:
1- The existing right of way,
2- The sever existing: alignment of Rock Road.
3 - The exi sting ca.nal south of Orange A venue along Rock Road.
4- The existing geometry of the "S" curve just north of Or.~ngc A venue.
5- The requested typical section (12' lanes, 5' shoulders on both sides, and 5' sidc\\¡'alk),
6- Design speed I posted speed 1imit.
Based on the above mentioned factors we be]ieve that the best a.lignment that can accommodate the design
conditions is the one we presented to )'01.1 on July 19, 2006 (copy attached). As \ve discussed, the posted speed
limit should be reduced from 3S mph to 30 mph to allow us to design the alignment within the vicinity of the
intersection with Orange Avenue. Therefore. we ~re reguesting the approva1 ortne reduction in the posted s~¢.Q
limit from 35 mph to 25 mph-C.even tl]pugh we discussed 30mph) Please note that both thc northbound and the
southbouod. of RQÇk.ßpad are stop controlled. thereby the reduction in the p<>st speed limit shoj.lIDot have an
£ftèct on traffic con gesJions. \\'e appreciate if th i s request can be prcscn ted on ...~st 1. 2006 to Board () f Count\'
Commission¢fs,
Should you havc any questions, ple.ase call me.
Sincerely, ~r
HSQ Group, In~c. ./'1 '2"",/.;:/
~ð>',"'/ ý/ ~ ?'y
/~ur ShehadCh;.· .E./"
Princìpal
Cc: Kenneth O. DelaTorre (Contex Holt'l¢s)
Z:\?rùjeCl.~\2005'.os03 ·21 Palm Tkee7.es\CorTCspondc:ncc\OO I L·POWELEY ~1X'èdredu.:tlOf).(I2 .(Joc
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RESOLUTION NO. 07-056
A RESOLUTION AMENDING RESOLUTION NO. 86-195
(WHICH DESIGNATED A SPEED LIMIT OF THIRTY-FIVE
(35) MILES PER HOUR ON THE PAVED PORTIONS OF
ROCK ROAD, PICOS ROAD, AND CAMPBELL ROAD; AND
FURTHER DESIGNATED STOP SIGNS BE INSTALLED AT
THE INTERSECTIONS OF PICOS ROAD AND CAMPBELL
ROAD MAKING BOTH PICOS ROAD AND CAMPBELL ROAD
STOP STREETS AT SAID INTERSECTIONS); BY ONLY
AMENDING THE SPEED LIMIT ON ROCK ROAD TO
TWENTY-FIVE (25) MILES PER HOUR FROM THE
INTERSECTION OF ORANGE AVENUE NORTH TO THE END
OF THE PAVEMENT AT THE ST. LUCIE COUNTY JAIL.
ALL OTHER DESIGNATIONS IN RESOLUTION NO. 86-
195 SHALL REMAIN IN FULL FORCE AND EFFECT.
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. On September 2, 1986, the Board of County Commissioners
of St. Lucie County, Florida, adopted Resolution No. 86-195 which
designated a speed limit of thirty-five (35) miles per hour on the
paved portions of Rock Road, pic os Road, and Campbell Road, and
further designated stop signs be installed at the intersections of
picos Road and Campbell Road.
2. Section 316.008 (1), Florida Statutes, authorizes the
Board to designate speed limits for streets and highways under its
jurisdiction and Section 316.008 (1), Florida Statutes, further
authorizes the Board of County Commissioners to designate any
intersection as a stop or yield intersection.
3. In order for a Southbound left turn lane to be
constructed on Rock Road at the intersection of Orange Avenue, it
is necessary to amend the portion of Resolution No. 86-195 which
designated a speed limit of thirty-five (35) miles per hour on Rock
Road to the end of the pavement by reducing the speed limit on Rock
Road from the intersection of Orange North to the end of the
pavement at the St. Lucie County Jail to twenty-five (25) miles per
hour for that portion of Resolution No. 86-195. In all other
respects Resolution No. 86-195 shall remain in full force and
effect.
4. The Engineering Division of the Public Works Department
has recommended that the speed limit of thirty-five (35) miles per
on Rock Road (as adopted by Resolution No. 86-195) be reduced to
twenty-five (25) miles per hour on Rock Road from the intersection
of Orange Avenue North to the end of the pavement at the St. Lucie
County Jail.
5. The Sheriff of St. Lucie County has concurred with the
recommendation of amending the speed limit on Rock Road from
thirty-five (35) miles per hour to twenty-five miles per hour from
the intersection of Orange Avenue North to the end of the pavement
at the St. Lucie County Jail.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. The speed limit of thirty-five (35) miles per hour on
Rock Road (as indicated in Resolution No. 86-195) is hereby amended
by reducing the speed limit to twenty-five (25) miles per hour on
Rock Road from the intersection of Orange Avenue North to the end
of the pavement at the St. Lucie County Jail. In all other
respects, Resolution No. 86-195 shall remain in full force and
effect.
2. The County Administrator is hereby directed to provide
copies of this resolution to the Sheriff of St. Lucie County and to
the St. Lucie County Road Superintendent.
3. The St. Lucie County Road Superintendent is hereby
directed to erect speed limit signs of twenty five (25) miles per
hour on Rock Road from the intersection of Orange Avenue North to
the end of the pavement at the St. Lucie County Jail.
After motion and second, the vote on this resolution was as
follows:
Chairman Chris Craft XX
Vice-Chairman Joseph E. Smith XX
Commissioner Paula A. Lewis XX
Commissioner Doug Coward XX
Commissioner Charles Grande XX
PASSED AND DULY ADOPTED this 13th day of February, 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. .J.
DATE: February 13, 2007
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT):
County Attorney
Robert O. Freeman
Bond Counsel
SUBJECT: Resolution No. 07-068 - Supplemental Resolution awarding the $16,million
Special Assessment Improvement Bond, Series 2007 (Indian River Estates
MSBU)
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 07-068
and authorize the Chairman to sign the Resolution.
COMMISSION ACTION: NCE:
CJ
L,Yj APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
ou as Anderson
County Administrator
County Attorney:
fl·
~
Review and Approvals
Management & Budget
Solid Waste Dir.:
Originating Dept.
Public Works Dir:
County Eng.:
BRYANT MILLER OLIVE P.A.
MEMORANDUM
To:
Chairman and Members of the
Board of County Commissioners
Copy:
Doug Anderson, County Administrator
Dan McIntyre, County Attorney
Chris Hartley, Finance Director
Marie Gouin, Management and Budget Director
Becky Padrick, MSBU Coordinator
From:
Randy Clement
Robert Freeman
Date:
February 7, 2007
Re:
Supplemental Resolution awarding the $16 million Special Assessment
Tmprovpmpnt Ronrl, Sprip<; ?007 (Tnrli;::m Rivpr F<;t;::¡tp<; MSRT J)
Pursuant to Resolution 94-196, adopted by the Board on September 20, 1994, as amended and
supplemented (the "Master Resolution"), and Resolution No. 06-348, adopted on November 14,
2006 (the "Series Resolution), the Board authorized (a) the acquisition and construction of potable
water improvements in the Indian River Estates MSBU, and (b) the issuance of the Special
Assessment Improvement Bonds (Indian River Estates MSBU) (the "Bonds") to finance the costs
thereof. The Bonds are secured solely by special assessments levied on the property benefited by
the Indian River Estates MSBU project and amounts derived therefrom (the "Pledged
Revenues"),
The attached resolution (the "Supplemental Resolution") provides for a loan from Wachovia
Bank (the "Bank") pursuant to their proposal dated October 11, 2006, previously accepted by
the Board, as supplemented, and the entering into of a loan agreement with the Bank pursuant
to the terms of their proposal and the Supplemental Resolution.
The Supplemental Resolution, together with the Master Resolution and the Series Resolution,
provides that the Bonds will not constitute a lien upon and pledge of ad valorem taxes and that
no bondholder can compel payment of the principal of and interest on the Bonds from moneys
other than the Pledged Revenues.
The Supplemental Resolution also provides that certain officers of the County are authorized to
sign the Loan Agreement and other necessary documents and certificates to consummate the
loan,
{5000/09/00101562,DOCvl}
RESOLUTION NO. 07- t)¿''g
A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 94-196 AND
RESOLUTION NO. 06-348, PROVIDING FOR TIlE BORROWING OF NOT
EXCEEDING $16,000,000 TO FINANCE THE COST OF WATER
IMPROVEMENTS WITHIN INDIAN RIVER ESTATES MUNICIPAL SERVICES
BENEFIT UNIT IN THE COUNTY AS PREVIOUSLY AUTHORIZED BY THE
BOARD; APPROVING THE PROPOSAL OF WACHOVIA BANK, NATIONAL
ASSOCIATION, TO MAKE A TERM LOAN TO THE COUNTY IN SUCH
PRINCIPAL AMOUNT; PROVIDING FOR THE ISSUANCE OF A $16,000,000
SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2007 A (INDIAN RIVER
ESTATES MSBU), AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY
SUCH TERM LOAN; PROVIDING FOR THE EXECUTION AND DELIVERY OF A
LOAN AGREEMENT BETWEEN THE COUNTY AND THE BANK
CONTAINING TERMS AND CONDITIONS RELATING TO SUCH LOAN;
PROVIDING FOR THE PAYMENT OF THE BOND FROM CERTAIN PLEDGED
REVENUES, INCLUDING SPECIAL ASSESSMENTS; AUTHORIZING FURTHER
OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE BOND
AND THE LOAN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the
provisions of the Act and Section 5.01(F) of the Master Resolution, and is supplemental to the
Master Resolution and the Indian River Estates MSBU Series Resolution.
Section 2. Definitions. The following terms shall have the following meanings when used
in this resolution unless the context clearly requires otherwise. Words importing singular number
shall include the plural number in each case and vice versa, and words importing persons shall
include firms and corporations. Capitalized terms used herein and not otherwise defined shall
have the meaning set forth in the Master Resolution, the Indian River Estate MSBU Series
Resolution or the Loan Agreement.
"Bank" means Wachovia Bank, National Association.
"Bond Resolution" means, collectively, the Master Resolution, the Indian River Estates
MSBU Series Resolution, this resolution and all resolutions amendatory hereof and supplemental
hereto.
"Chairman" means the Chairman of the Board.
{5000/09/00080544,DOCv2 }
"Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's
absence, any Deputy Clerk.
"County Administrator" means the County Administrator of the County.
"Indian River Estates Bond" means the Special Assessment Improvement Bond, Series
2007 A (Indian River Estates MSBU), of the County, in substantially the form attached to the Loan
Agreement as Exhibit A.
"Indian River Estates MSBU Series Resolution" means Resolution No. 06-348, adopted
November 14, 2006, authorizing obligations to be issued to finance the Indian River Estates MSBU
Project, and supplementing the Master Resolution.
"Loan" means the advance of moneys from the Bank to the County pursuant to the Loan
Agreement.
"Loan Agreement" means the Loan Agreement between the Bank and the County setting
forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A, with
such modifications and changes thereto as shall be approved by the Chairman, upon the advice of
the County Attorney, such approval to be evidenced by the Chairman' execution thereof.
"Master Resolution" means Resolution No. 94-196, adopted on September 20, 1994, as
amended by Resolution No. 95-183, adopted on September 5, 1995, and as further amended from
time to time.
"Paying Agent" means the Clerk of the Circuit Court of the County.
"Proposal" means the proposal submitted to the County by the Bank, dated October 11,
2006, as supplemented.
Section 3. Findings. It is hereby found, declared, and determined by the Board:
(A) The County has heretofore authorized (1) the creation of the Indian River Estates
MSBU; (2) the undertaking of the Indian River Estates MSBU Project; and (3) the levy and
collection of the Indian River Estates MSBU Assessments to pay the Indian River Estates MSBU
Project Costs.
(B) It is necessary to borrow moneys to be applied together with the Indian River
Estates MSBU Assessments to pay other Indian River Estates MSBU Project Costs.
(C) The Bank has made the Proposal to the County for the Loan, and, based upon
bids received and the advice of the Financial Advisor, it is in the best interests of the County
2
{5000/09/00080544, DOCv2}
and the owners of the properties subject to the Indian River Estates MSBU Assessments that the
Proposal be accepted.
(D) It is necessary and desirable and in the best interest of the County to authorize
and approve the execution and delivery of the Loan Agreement, the Indian River Estates Bond,
and the taking of all other action in connection with the consummation of the Loan.
Section 4. Authorization of Indian River Estates Bond. Subject and pursuant to the
provisions hereof and in accordance with the provisions of the Loan Agreement, the issuance by
the County of the Special Assessment Improvement Bond, Series 2007 A (Indian River Estates
MSBU), in the principal amount of not exceeding Sixteen Million Dollars ($16,000,000) to be dated,
to bear interest, to be payable, to mature, to be subject to redemption and to have such other
characteristics as provided in the Loan Agreement and the Proposal, and to be secured solely by
the Indian River Estates Special Assessments, is hereby authorized.
..
Section 5. Approval of Form of Loan Agreement and Indian River Estates Bond. The
Loan Agreement and the Indian River Estates Bond, in substantially the forms attached hereto
as Exhibit A, with such changes thereto as are accepted by the officer executing such
documents, upon the advice of the County Attorney and the Financial Advisor, are hereby
approved, and the Chairman or Vice-Chairman and Clerk or Deputy Clerk are hereby
authorized to execute and deliver the Loan Agreement and the Indian River Estates Bond to the
Bank without further authorization from this Board.
Section 6. Authorization of Other Action. The Chairman, the Vice-Chairman, the Clerk,
the Deputy Clerk, the County Administrator, and the County Attorney are each designated agents
of the County in connection with the execution and delivery of the Loan Agreement and the Indian
River Estates Bond and are authorized and empowered, collectively or individually, to take all
action and steps to execute and deliver any and all instruments, documents or contracts on behalf
of the County which are necessary or desirable in connection with the execution and delivery of
the Loan Agreement and the Indian River Estates Bond to the Bank, including, but not limited to,
the making of modifications to the Loan Agreement and the Indian River Estates Bond to conform
the provisions thereof to the provisions of the Proposal, the Master Resolution, the Series
Resolution, and this Supplemental Resolution.
Section 7. Application of Proceeds of Loan. The proceeds of the Loan shall be applied
in accordance with the provisions of Article IV of the Series Resolution.
Section 8. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict
with this resolution are hereby repealed to the extent of such conflict.
3
{5000/09/00080544,DOCv2 }
Section 9. Severability. If anyone or more of the covenants, agreements, or provisions of
this resolution should be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shall be deemed separate from the remaining covenants, agreements or provisions, and in no
way affect the validity of all other provisions of the Resolution or of the Indian River Estates Bond
or Loan Agreement delivered hereunder.
Section 10. Amendment. This resolution may not be amended or repealed except with the
prior written consent of the Bank.
Section 11. Effective Date. This resolution shall take effect immediately upon its adoption.
Passed and Adopted this 13th day of February 2007, at a regular meeting duly called and
held.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chairman, Board of County
Commissioners
A TIEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
4
{5000/09/00080544.DOCv2 }
EXHIBIT A
FORM OF LOAN AGREEMENT
(WITH BOND ATTACHED)
5
(5000/09/00080544. DOCv2)
{5000/09/001 01256.DOCv4}
AGENDA
LOAN AGREEMENT
between
ST. LUCIE COUNTY, FLORIDA
and
W ACHOVIA BANK, NATIONAL ASSOCIATION
Dated February ---J 2007
Relating to
St. Lucie County, Florida
Not Exceeding
$16,000,000
Special Assessment Improvement Bond, Series 2007 A
(Indian River Estates MSBU)
TABLE OF CONTENTS
¥age
SECTION 1. DEFINITIONS..... .... ..... ............ ......... ............................ ........ ......... .... ............................... 1
SECTION 2. INTERPRETATION ........ ........... ........... ...... ..... ........... .......... ............ ....... ......................... 5
SECTION 3. THE LOAN....................... ...... ..................... ........ ...................... ........ ....... ......................... 5
SECTION 4. DESCRIPTION OF INDIAN RIVER ESTATES BOND ................................................ 5
SECTION 5. EXECUTION OF INDIAN RIVER ESTATES BOND............................................·..·.... 5
SECTION 6. REGISTRATION AND TRANSFER OF INDIAN RIVER ESTATES BOND.............. 6
SECTION 7. INDIAN RIVER ESTATES BOND MUTILATED, DESTROYED, STOLEN OR LOST7
SECTION 8. FORM OF INDIAN RIVER ESTATES BOND ............................................................... 7
SECTION 9. SECURITY FOR INDIAN RIVER ESTATES BOND; INDIAN RIVER ESTATES
BOND NOT DEBT OF THE COUNTY.......................................................·..........·..·..·....·......·............. 7
SECTION 10. COVENANTS OF THE COUNTY ................................................................................7
SECTION 11. REPRESENTATIONS AND WARRANTIES........................................·..........·..........· 8
SECTION 12. CONDmONS PRECEDENT ............. ..... .................. ........ ................ ............ ...... .......... 9
SECTION 13. TAX COMPLIANCE ........ ............ .................... .......... ........ .................. .................. ........ 9
SECTION 14. NOTICES.......... ..... ........ ..... ........ ........ ............... .......... ........ .................. ....... ................. 10
SECTION 15. EVENTS OF DEF AUL T DEFINED ............................................................................. 10
SECTION 16. REMEDIES. ............ ....... ...................... ............... .......... ........ ........ .... .... ................ ..... ..... 11
SECTION 17. NO RECOURSE ........... .......... ............... ........ ......... ............... .............. ......... ................. 11
SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS.................... 11
SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS.......................................... 11
SECTION 20. BINDING EFFECT ..... ........ .... ..................................... ........ ................ ................. ......... 11
SECTION 21. SEVERABILITY ...... ...... ......... ............. ....... ........ ........ .............. .................... ..... ........ ..... 12
SECTION 22. EXECUTION IN COUNTERPARTS.................................................·........·....·....·...... 12
SECTION 23. APPLICABLE LAW...... .................... ........... ..... ............. ............................. .................. 13
{5000/09/001 0 1256,DOCv4}
This LOAN AGREEMENT is made and entered into as of February ---' 2007, by and
between ST. LUCIE COUNTY, FLORIDA (the "County"), and WACHOVIA BANK, NATIONAL
ASSOCIATION (the "Bank").
WITNESSETH:
WHEREAS, the County has previously determined that it is necessary, desirable and in
the best interests of the County and its inhabitants that the County undertake the Indian River
Estates MSBU Project hereinafter described, and that the Indian River Estates MSBU Project will
serve essential public purposes of the County; and
WHEREAS, the County has previously determined that it is desirable to initially draw
monies under a non-revolving line of credit to pay the Indian River Estates MSBU Project Costs
and then to provide permanent financing for the Indian River Estates MSBU Project, and
WHEREAS, pursuant to the Proposal, a copy of which is attached hereto as Exhibit B, the
Bank has proposed to lend the County the aggregate principal amount not to exceed $16,000,000
to finance the Indian River Estates MSBU Project Costs; and
WHEREAS, the County has validated Special Assessment Improvement Bonds (Indian
River Estate MSBU) in the aggregate principal amount not to exceed $16,000,000, and the Circuit
Court of the Nineteenth Judicial Circuit of Florida, in and for St. Lucie County, Florida entered a
final judgment validating said Bonds and all proceedings of the County in connection therewith
on January 5,2007, with the final appeal date of February 5, 2007, passing with no appeal; and
WHEREAS, the County has determined that it is in the best interest of the health, safety,
and welfare of the County and the inhabitants thereof that the County issue the Indian River
Estates Bond and pledge the Indian River Estates Pledged Revenues to secure the obligation of
the County to repay the principal of and interest on the Indian River Estates Bond when due; and
WHEREAS, the obligation of the County to repay principal of and interest on the Indian
River Estates Bond will not constitute a general obligation or indebtedness of the County as a
"bond" within the meaning of any provision of the Constitution of the State, but shall be and is
hereby declared to be a special, limited obligation of the County, secured solely by a lien upon
and pledge of the Indian River Estates Pledged Revenues in the manner provided herein. The
County is not authorized and cannot be compelled to levy taxes on any property of or in the
County to pay the principal of or interest on the Indian River Estates Bond or to make any other
payments provided for herein. Furthermore, neither the Indian River Estates Bond nor the
interest thereon shall be or constitute a lien upon the Indian River Estates MSBU Project or upon
any other property of or in the County other than the Indian River Estates MSBU Special
Assessments in the manner provided herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
set forth and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties do hereby agree as follows:
SECTION 1. DEFINITIONS. Unless the context otherwise requires, the capitalized terms
used in this Loan Agreement shall have the meanings specified in this Section. Capitalized terms
not otherwise defined in this Section shall have the meanings specified in the Resolution. Words
{5000109/001 0 1256.DOCv4}
importing singular number shall include the plural number in each case and vice versa, and
words importing persons shall include firms and corporations.
"Act" means Chapter 125, Part I, Florida Statutes; as amended, Ordinance No. 87-77 duly
enacted by the Board, as amended, and other applicable provisions of law.
"Advances" mean the principal amounts of the Loan obtained by the County through
Requisitions submitted on or before February 1, 2009.
"Agreement" means this Loan Agreement between the Bank and the County setting forth
the terms and details of the Loan.
"Authorized County Representative" means the County Administrator or his delegate.
"Authorized Investments" means any obligations, deposit certificates, or other evidences
of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms
of the investment policy of the County.
"Bank" means Wachovia Bank, National Association, a national banking association, with
offices located at 450 South Australian Avenue, 7th Floor, West Palm Beach, Florida 33401.
"Board" means the Board of County Commissioners of the County, as the governing body
of the County.
"Bond Counsel" means Bryant Miller Olive P.A.
"Breakage Fee" means the fee detailed in Exhibit B and Schedule 3 that would be incurred
by the County for prepayment of the Loan after the Conversion Date.
"Business Day" means any day of the year other than a day on which the Bank, or the
County are lawfully closed for business.
"Chairman" means the Chairman of the Board or, in the Chairman's absence, the Vice-
Chairman of the Board, or such other person as may be duly authorized to act on the Chairman's
behalf.
"Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's
absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case
may be, on the Clerk's behalf.
"Code" means the Internal Revenue Code of 1986, as amended.
"Conversion Date" means February 1, 2009.
"County" means St. Lucie County, Florida.
"County Administrator" means the County Administrator, as the chief operating officer of
the County.
"Default" means an Event of Default as defined and described in Section 16 hereof.
2
{5000/09/00 I 0 1256.DOCv4}
"Disbursement Date" means any date on which proceeds of the Loan are disbursed to the
County pursuant to a Requisition.
"Fiscal Year" means the period from each October 1 to the succeeding September 30.
"Fixed Rate" means the interest rate determined in accordance with Exhibit A and Exhibit
B and applicable to the Loan subsequent to the Conversion Date.
"Indian River Estates Bond" means the Special Assessment Improvement Bond, Series
2007 A (Indian River Estates MSBU), of the County, which shall be in substantially the form
attached to the Loan Agreement as Exhibit A.
"Indian River Estates MSBU" means the Indian River Estates Municipal Services Benefit
Unit created pursuant to Resolution No. 02-309, of the Board adopted December 10, 2002.
"Indian River Estates MSBU Assessment Resolutions" means the resolutions adopted by
the Board with respect to the Indian River Estates MSBU providing for the levy and collection of
the Indian River Estates MSBU Special Assessments within the Indian River Estates MSBU,
including Resolution No. 02-309, adopted December 10, 2002, Resolution No. 06-321, adopted
October 17, 2006, and any resolution supplemental thereto or amendatory thereof.
"Indian River Estates MSBU Project" means the acquisition and construction of potable
water improvements within the Indian River Estates MSBU and all costs incidental thereto as
permitted by the Assessment Act.
"Indian River Estates MSBU Special Assessments" means the special assessments levied
within the Indian River Estates MSBU pursuant to the Indian River Estates MSBU Assessment
Resolutions.
"Indian River Estates Pledged Revenues" means with respect to the Indian River Estates
Bond, (i) the Indian River Estates MSBU Special Assessments, (ii) the moneys on deposit in the
Indian River Estates Subaccounts established for the Indian River Estates Bond, and (iii) the
Investment Earnings allocable to such Indian River Estates MSBU Special Assessments (the
"Indian River Estates Investment Earnings").
"Indian River Estates Sub accounts" means the separate accounts established and
maintained pursuant to the provisions of the Resolution for the benefit of the Owners of the
Indian River Estates Bonds.
"Initial Disbursement Date" means the date on which the first Advance is made pursuant
to a Requisition.
"Interest Rate" means the rate per annum set forth in the form Bond attached hereto as
Exhibit A, subject to adjustment as provided in Schedule I to the Indian River Estates Bond.
"Loan" means the advance of moneys from the Bank to the County pursuant to the Loan
Agreement.
3
{5000109/001 OI256.DOCv4}
"Loan Agreement" means this agreement between the Bank and the County setting forth
the terms and details of the Loan.
"Master Resolution" means Resolution No. 94-196, adopted by the Board on September
20, 1994, as amended by Resolution No. 95-183, adopted on September 5, 1995, and as further
amended from time to time.
"Maturity Date" means the last date on which all remaining, outstanding principal of the
Indian River Estates Bond is due as shown on Exhibit A hereto.
"MSBU" means a Municipal Services Benefit Unit created pursuant to resolution of the
Board adopted from time to time.
"Paying Agent" means the Clerk of the Circuit Court of the County.
"Payment Date" or "Interest Payment Date" means the dates on which interest on the
Indian River Estates Bond is payable, as shown on Exhibit A, hereto.
"Person" or words importing persons, means firms, associations, partnerships (including
without limitation, general and limited partnerships), joint ventures, societies, estates, trusts,
corporations, public or governmental bodies, other legal entities, and natural persons.
"Pledged Revenues" means (i) the Indian River Estates MSBU Special Assessments (ii) the
monies on deposit in the Indian River Estates sub-accounts established for the Indian River Estate
Bonds, and (üi) the investment earnings allocable to such Indian River Estates MSBU Special
Assessments.
"Prepayment Date" means any date of prepayment of the principal of the Loan by the
County, whether in whole or in part.
"Principal Amount" means Sixteen Million Dollars ($16,000,000).
"Proposal" means the proposal submitted to the County by the Bank, dated October 11,
2006, as supplemented.
"Register" means the books maintained by the Registrar in which are recorded the name
and address of the Registered Owner of the Indian River Estates Bond.
"Registered Owner" means the person in whose name the ownership of the Indian River
Estates Bond is registered on the books maintained by the Registrar. The initial Registered Owner
shall be the Bank.
"Registrar" means the Person maintaining the Register. The Registrar shall initially be the
Clerk.
"Regulations" means the Income Tax Regulations promulgated by the Internal Revenue
Service under Sections 103 and 141 through 150 of the Code.
4
{5000/09/001 0 1256.DOCv4}
"Requisition" means a request for an Advance from the Bank, duly executed and
delivered by the Authorized County Representative, in substantially the form attached hereto as
Exhibit C.
"Resolution" means, collectively, the Master Resolution the Series Resolution, and the
Supplemental Resolution, and all resolutions amendatory thereof and supplemental thereto.
"Series Resolution" means Resolution No. 06-348, adopted by the Board on November 14,
2006.
"State" means the State of Florida.
"Supplemental Resolution means Resolution No. 07----' adopted by the Board on
February 13, 2007.
SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of
masculine gender shall be construed to include correlative words of the feminine and neuter
genders and vice versa, and words of the singular number shall be construed to include
correlative words of the plural number and vice versa. This Loan Agreement and all the terms
and provisions hereof (a) have been negotiated between the County and the Bank; (b) shall not be
construed strictly in favor of or against either party hereto; and (c) shall be construed to effectuate
the purpose set forth herein and to sustain the validity hereof.
SECTION 3. THE LOAN.
A. bBal::i. The Bank hereby makes and the County hereby accepts the Loan, upon the
terms and conditions set forth herein.
B. Disburscmcnt of Procecds. Proceeds of the Loan shall be made available by the
Bank to the County by deposit of the principal amount set forth in a Requisition to or for the
order of the County by 2:00 p.m. on a Disbursement Date in immediately available funds.
SECTION 4. DESCRIPTION OF INDIAN RIVER ESTATES BOND. The obligation of the
County to repay the Loan shall be evidenced by the Indian River Estates Bond. The Indian River
Estates Bond shall be dated as of the Initial Disbursement Date; shall mature as set forth therein;
shall be in registered form; and shall bear interest from its date until payment of the principal
amount thereof, at the Interest Rate. Interest shall be payable as set forth on Exhibit A, calculated
on the basis of a 360-day year consisting of twelve 30-day months, from its date as to principal at
the Interest Rate shown on Exhibit A hereto. Prior to and through the Conversion Date, the
Indian River Estates Bond may be prepaid without penalty. Subsequent to the Conversion Date,
the Indian River Estates Bond may be prepaid in whole or in part subject to the Breakage Fee
described in Schedule 3 to Exhibit A hereto.
SECTION 5. EXECUTION OF INDIAN RIVER ESTATES BOND. The Indian River
Estates Bond shall be executed in the name of the County by the Chairman or Vice Chairman and
attested by the Clerk or Deputy Clerk, and its corporate seal or a facsimile thereof shall be affixed
thereto or reproduced thereon. The Indian River Estates Bond may be signed and sealed on
behalf of the County by any person who at the actual time of the execution of such Indian River
Estates Bond shall hold the appropriate office in the County, although at the date thereof the
person may not have been so authorized. The Indian River Estates Bond may be executed by the
5
{5000/09/001 OI256.DOCv4}
facsimile signatures of the Chairman or Vice Chairman and/or Clerk or Deputy Clerk, provided
that at least one of the foregoing signatures must be a manual signature.
SECTION 6. REGISTRATION AND TRANSFER OF INDIAN RIVER ESTATES BOND.
The Indian River Estates Bond shall be and shall have all the qualities and incidents of a
negotiable instrument under the Uniform Commercial Code-Investment Securities Laws of the
State of Florida, and each Registered Owner, in accepting the Indian River Estates Bond, shall be
conclusively deemed to have agreed that such Indian River Estates Bond shall be and have all of
the qualities and incidents of negotiable instruments thereunder.
There shall be a Registrar who shall be responsible for maintaining the Register. The
person in whose name ownership of the Indian River Estates Bond is shown on the Register shall
be deemed the Registered Owner thereof by the County and the Registrar, who may treat the
Registered Owner as the absolute owner of the Indian River Estates Bond for all purposes,
whether or not the Indian River Estates Bond shall be overdue, and any notice to the contrary
shall not be binding upon the County or the Registrar.
Ownership of the Indian River Estates Bond may be transferred only upon the Register.
Upon surrender to the Registrar for transfer or exchange of the Indian River Estates Bond
accompanied by an assignment or written authorization for exchange, whichever is applicable,
duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar
shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may
be, a new fully registered Indian River Estates Bond of the same amount, maturity and interest
rate as the Indian River Estates Bond surrendered.
The Indian River Estates Bond presented for transfer, exchange, redemption or payment
(if so required by the County or the Registrar) shall be accompanied by a written instrument or
instruments of transfer or authorization for exchange, in form and with guaranty of signature
satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly
authorized attorney.
The County and the Registrar may charge the Registered Owner a sum sufficient to
reimburse them for any expenses incurred in making any exchange or transfer after the first such
exchange or transfer following the delivery of such Indian River Estates Bond. The Registrar or
the County may also require payment from the Registered Owner or his transferee, as the case
may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be
imposed in relation thereto. Such charges and expenses shall be paid before any such new Indian
River Estates Bond shall be delivered.
The new Indian River Estates Bond delivered upon any transfer or exchange shall be a
valid obligation of the County, evidencing the same debt as the Indian River Estates Bond
surrendered, shall be secured under this Loan Agreement, and shall be entitled to all of the
security and benefits hereof to the same extent as the Indian River Estates Bond surrendered.
Whenever the Indian River Estates Bond shall be delivered to the Registrar for
cancellation, upon payment of the principal amount thereof, or for replacement, transfer or
exchange, such Indian River Estates Bond shall be cancelled and destroyed by the Registrar, and
counterparts of a certificate of destruction evidencing such destruction shall be furnished to the
County.
6
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SECTION 7. INDIAN RIVER ESTATES BOND MUTILATED, DESTROYED, STOLEN OR
LOST. In case the Indian River Estates Bond shall be mutilated, or be destroyed, stolen or lost,
upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with
such other reasonable regulations and conditions as the County may prescribe and paying such
expenses as the County may incur, the Registrar shall issue and deliver a new Indian River
Estates Bond of like tenor as the Indian River Estates Bond so mutilated, destroyed, stolen or lost,
in lieu of or substitution for the Indian River Estates Bond, if any, destroyed, stolen or lost, or in
exchange and substitution for such mutilated Indian River Estates Bond, upon surrender of such
mutilated Indian River Estates Bond, if any, to the Registrar and the cancellation thereof;
provided however, if the Indian River Estates Bond shall have matured or be about to mature,
instead of issuing a substitute Indian River Estates Bond, the County may pay the same, upon
being indemnified as aforesaid, and if such Indian River Estates Bond be lost, stolen or destroyed,
without surrender thereof. Any Indian River Estates Bond surrendered under the terms of this
Section 7 shall be cancelled by the Registrar.
Any such new Indian River Estates Bond issued pursuant to this section shall constitute
an original, additional contractual obligation on the part of the County whether or not, as to the
new Indian River Estates Bond, the lost, stolen or destroyed Indian River Estates Bond be at any
time found by anyone, and such new Indian River Estates Bond shall be entitled to equal and
proportionate benefits and rights as to security for payment to the same extent as the Indian River
Estates Bond originally issued hereunder.
SECTION 8. FORM OF INDIAN RIVER ESTATES BOND. The Indian River Estates Bond
shall be in substantially the form of Exhibit A hereto, with such variations, omissions and
insertions as may be necessary, desirable and authorized or permitted by this Loan Agreement
and approved by the Chairman, with the advice of the County Attorney and Bond Counsel. Such
approval of the Indian River Estates Bond shall be presumed by execution thereof by the
Chairman.
SECTION 9. SECURITY FOR INDIAN RIVER ESTATES BOND; INDIAN RIVER
ESTATES BOND NOT DEBT OF THE COUNTY. The County's obligation to pay the principal of
and interest on the Indian River Estates Bond shall be secured forthwith solely by a lien upon and
pledge of the Indian River Estates Pledged Revenues. The principal of and interest on the Indian
River Estates Bond shall not constitute a general obligation or indebtedness of the County, and
the Registered Owner shall never have the right to or compel the levy of taxes upon any property
of or in the County for the payment of the principal of and interest on the Indian River Estates
Bond. The Indian River Estates Bond shall not be secured by, nor constitute, a lien upon the
Indian River Estates MSBU Project or upon any money if or in the County, but shall be secured
solely by the Indian River Estates Pledged Revenues in the manner provided herein.
SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on the
Indian River Estates Bond shall have been paid in full or until (a) there shall have been set apart
in the Indian River Estates Bonds Subaccount in the Sinking Fund, a sum sufficient to pay when
due the entire principal of and interest accrued and to accrue on the Indian River Estates Bond to
the Maturity Date, or (b) provision for payment of the Indian River Estates Bond shall have been
made in accordance with the provisions of this Loan Agreement, the County covenants with the
Registered Owner of the Indian River Estates Bond as follows:
A. Collection of l.ssescments. The County will collect the Indian River Estates MSBU
Special Assessments in the manner specified in Section 197.3632, Florida Statutes, and will apply
7
{5000/09/001 01256.DOCv4}
and deposit the proceeds of the Indian River Estates MSBU Special Assessments into the Sinking
Fund created and established pursuant to the Series Resolution.
B. Reserved.
C. Payments. The County will punctually pay from the Indian River Estates Bonds
Subaccount in the Sinking Fund all principal of and interest on the Indian River Estates Bond
when due by wire transfer or other medium acceptable to the County and the Bank.
D. Financial Statements. Not later than the earlier of 180 days following the end of
each fiscal year or 45 days after it is prepared, the County will provide the Bank a copy of the
Comprehensive Annual Financial Report of the County and such other information regarding the
levy and collection of the Indian River Estates MSBU Special Assessments as the Bank may
reasonably request in writing.
E. j\nnual Budget and Other Information. The County will prepare its annual
budget in accordance with the Act, and will provide to the Bank (i) a copy of its final annual
budget for each fiscal year within 30 days of adoption thereof by the Board and (ii) such other
public information as the Bank may reasonably request.
F. Tax Compliance. The County will take all actions necessary to maintain the
exclusion from gross income for purposes of the Code of interest on the Bond to the same extent
as on the date of issuance of the Indian River Estates Bond. The Indian River Estates Bond is not a
"qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code.
G. Other Covenants. The County shall comply with such additional covenants as
may be specified in Exhibit B attached hereto.
SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and
warrants to the Bank that:
A. Organization. The County is a political subdivision, duly organized and existing
under the laws of the State of Florida.
B. Authorization of Loan .^.grcement and Relatcd Documents. The County has the
power and has taken all necessary action to authorize the execution and delivery of and the
performance by the County of its obligations under, this Loan Agreement and the Indian River
Estates Bond in accordance with their respective terms. This Loan Agreement and the Indian
River Estates Bond have been duly executed and delivered by the County and are valid and
binding obligations of the County, enforceable against the County in accordance with their
respective terms, except to the extent that such enforcement may be limited by laws regarding
bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general
principles of equity regarding the availability of specific performance.
C. Indian River Estates MSBU Special AsscGsments. The County has duly adopted
the Indian River Estates MSBU Assessment Resolutions and complied with all requirements of
applicable law in connection with the levy of the Indian River Estates MSBU Special Assessments.
8
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D. Fincmcial Statements. The financial statements of the County for the Fiscal Year
ended September 30, 2005, previously provided to the Bank have been prepared in accordance
with generally accepted accounting principles and present fairly the financial condition of the
County as of such date and the results of its operations for the period then ended. Since such
date, there has been no material adverse change in the financial condition, revenues, properties or
operations of the County.
SECTION 12. CONDITIONS PRECEDENT. The obligation of the Bank to make the Loan
is subject to the satisfaction of each of the following conditions precedent on or before the
Disbursement Date:
A. i\ction. The Bank shall have received a copy of the Resolution certified as
complete and correct as of the closing date, together with an executed Loan Agreement, the
executed Indian River Estates Bond, and the customary closing certificates.
B. Incumbency of Officers. The Bank shall have received an incumbency certificate
of the County in respect of each of the officers who is authorized to sign this Loan Agreement and
the related financing documents on behalf of the County.
C. Opinion of Counsel to the County. The Bank shall have received a written
opinion of counsel to the County addressing matters relating to (1) the corporate existence of the
County; (2) the due adoption of the Resolution; (3) the due authorization and execution of this
Loan Agreement and the Indian River Estates Bond and the related financing documents; and (4)
the absence of litigation against the County relating to its existence or powers, or the proceedings
for the authorization and issuance of the Indian River Estates Bond, in form and substance
satisfactory to the Bank.
D. Opinion of Bond Counsel. The Bank shall have received an approving opinion of
Bond Counselor, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the
approving opinion of Bond Counsel delivered to the County in respect to the Indian River Estates
Bond to the same extent as if such opinion were addressed to the Bank.
E. Representations and '.Varr::mtiec; No Default. The representations and warranties
made by the County herein shall be true and correct in all material respects on and as of the
Disbursement Date, as if made on and as of such date; no Default shall have occurred and be
continuing as of the Disbursement Date or will result from the consummation of the Loan; and
the Bank shall have received a certificate from the County to the foregoing effect.
F. Other Documents. The Bank shall have received such other documents,
certificates and opinions as the Bank or its counsel shall have reasonably requested.
SECTION 13. TAX COMPLIANCE. Neither the County, nor any third party over whom
the County has control, will make any use of the proceeds of the Indian River Estates Bond at any
time during the term hereof which would cause the Indian River Estates Bond to be a "private
activity bond" within the meaning of Section 103(b)(1) of the Code or an "arbitrage bond" within
the meaning of Section 103(b)(2) of the Code. The County covenants throughout the term of the
Indian River Estates Bond, to comply with the requirements of the Code and the Regulations, as
amended from time to time.
9
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SECTION 14. NOTICES. All notices, certificates or other communications hereunder
shall be sufficiently given and shall be deemed given when hand delivered, delivered by
telecopier, mailed by registered or certified mail, postage prepaid, or delivered by courier service
to the parties at the following addresses:
County:
Copy to:
Bank:
St. Lucie County, Florida
2300 Virginia A venue
Fort Pierce, Florida 34982-5652
Attention: County Administrator
St. Lucie County, Florida
2300 Virginia A venue
Fort Piece, Florida 34982-5652
Attention: County Attorney
Wachovia Bank, National Association
Government Banking
450 South Australian A venue, 7th Floor
West Palm Beach, Florida 33401
Attention: Paul Vincent, Senior Vice President
PH: (561) 650-2362 and FX: 650-2367
Any of the above parties may, by notice in writing given to the others, designate any further or
different addresses to which subsequent notices, certificates or other communications shall be
sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as
specified above, of an original promptly after such communication by telecopier.
SECTION 15. EVENTS OF DEFAULT DEFINED. The following shall be "Events of
Default under this Loan Agreement, and the terms "Default" and "Events of Default" shall mean
(except where the context dearly indicates otherwise), anyone or more of the following events:
A. failure by the County to make any payment of principal of or interest on the Bond
within three (3) days of the applicable Payment Date or the Maturity Date.
B. failure by the County to observe and perform any other covenant, condition or
agreement on its part to be observed or performed under this Loan Agreement for a period of
fifteen (15) days after written notice of such failure shall have been delivered to the County by the
Bank, unless the Bank shall agree in writing to an extension of such time prior to its expiration;
C. the making of any warranty, representation or other statement by the County or
by an officer or agent of the County in this Loan Agreement or in any instrument furnished in
compliance with or in reference to this Loan Agreement which is false or misleading in any
material adverse respect;
D. the filing of a petition against the County under any bankruptcy, reorganization,
arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction,
whether now or hereafter in effect, if an order for relief is entered under such petition or such
petition is not dismissed within sixty (60) days of such filing;
{5000/09/001 01256DOCv4}
10
E. the filing by the County of a voluntary petition in bankruptcy or seeking relief
under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment
of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or
the consent by the County to the filing of any petition against it under such law; or
F. the admission by the County of its insolvency or bankruptcy or its inability to pay
its debts as they become due or that it is generally not paying its debts as such debts become due,
or the County's becoming insolvent or bankrupt or making an assignment for the benefit of
creditors, or the appointment by court order of a custodian (including without limitation a
receiver, liquidator or trustee) of the County or any of its property taking possession thereof and
such order remaining in effect or such possession continuing for more than sixty (60) days.
SECTION 16. REMEDIES. The Registered Owner may sue to protect and enforce any
and all rights, including the right to specific performance, existing under the laws of the State
of Florida, of the United States of America, or granted and contained in this Loan Agreement,
and to enforce and compel the performance of all duties required by this Loan Agreement or
by any applicable laws to be performed by the County, the Board or by any officer thereof, and
may take all steps to enforce this Loan Agreement to the full extent permitted or authorized by
the laws of the State of Florida or the United States of America, including acceleration of all
amounts outstanding under this Loan Agreement or the Notes. To the extent permitted by
applicable law, each of the County and the Bank, knowingly, voluntarily and intentionally
waives any right each may have to a trial by jury in respect of any litigation based on, or arising
out of, under or in connection with this Loan Agreement, the Indian River Estates Bond or any
agreement contemplated to be executed in connection with this Loan Agreement, or any course
of conduct, course of dealing, statements (whether verbal or written) or actions of any party
with respect hereto. This provision is a material inducement to the Bank to enter into this Loan
Agreement.
If an Event of Default described above occurs, interest on the Indian River Estates Bond
shall be equal to the Bank's prime rate plus two per cent (2%).
SECTION 17. NO RECOURSE. No recourse shall be had for the payment of the principal
of and interest on the Indian River Estates Bond or for any claim based on the Indian River
Estates Bond or on this Loan Agreement, against any present or former member or officer of the
Board or any person executing the Indian River Estates Bond.
SECTION 18. PAYMENTS DUE ON SA TURDA YS, SUNDAYS AND HOLIDAYS. In any
case where the date for making any payment or the last date for performance of any act or the
exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day,
then such payment or performance shall be made on the succeeding Business Day with the same
force and effect as if done on the nominal date provided in this Loan Agreement, provided that
interest on any monetary obligation hereunder shall accrue at the applicable rate to and including
the date of such payment.
SECTION 19. AMENDMENTS, CHANGES AND MODIFICA nONS. This Loan
Agreement may be amended only in writing signed by both parties hereto.
SECTION 20. BINDING EFFECT. To the extent provided herein, this Loan Agreement
shall be binding upon the County and the Bank and shall inure to the benefit of the County and
the Bank and their respective successors and assigns.
11
{5000109/00 I 0 1256.DOCv4}
SECTION 21. SEVERABILITY. In the event any court of competent jurisdiction shall hold
any provision of this Loan Agreement invalid or unenforceable, such holding shall not invalidate
or render unenforceable any other provision hereof.
SECTION 22. EXECUTION IN COUNTERPARTS. This Loan Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
12
{5000/09/001 0 1256,DOCv4}
SECTION 23. APPLICABLE LAW. This Loan Agreement shall be governed by and
construed in accordance with the laws of the State.
IN WITNESS WHEREOF, the parties hereto have duly executed this Loan Agreement as
of the date first above written.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chairman, Board of County
Commissioners
A TIEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board of County Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
13
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{5000/09/001 OI256,DOCv4}
W ACHOVIA BANK, NATIONAL
ASSOCIATION
By:
Title:
14
EXHIBIT A
FOITh1 OF BOND
No. R-1
$16,000,000
ST. LUCIE COUNTY, FLORIDA
SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2007 A
(INDIAN RIVER ESTATES MSBU)
DATE OF ISSUE
February ---' 2007
CONVERSION DATE
February 1, 2009
14.'\ TURITY DATE
February I, 2029
Ri\ TES OF INTEREST:
Variable Rate: One-Month LIBOR as shown on the Telerate System, page 3750, adjusted
monthly minus 50 basis points. Initial Rate and Monthly Adjustments will be based on LIBOR
two business days prior to Date of Issue and Each Monthly Adjustment date.
Fixed Rate: 10-Year U. S. Dollar Swap Offer Rate less 2.2 basis points determined three
days prior to the Conversion Date.
REGISTERED OWNER: Wachovia Bank, National Association
PRINCIPAL AMOUNT: As Shown on Schedule 2 hereto (Not to Exceed Sixteen Million Dollars)
KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"),
for value received, hereby promises to pay to the Registered Owner designated above, or
registered assigns, solely from the special funds hereinafter mentioned, on November I, 2009,
and on each November 1 thereafter, to and including the Maturity Date specified above, the
installments of the above Principal Amount as shown on Schedule 2 attached hereto and forming
a part hereof (the "Schedule"), and to pay solely from such funds interest thereon from the date
of this Bond or from the most recent date to which interest has been paid, whichever is
applicable, until payment of such Principal Amount, interest for such period at the applicable
Rate of Interest as shown above, subject to adjustment as set forth in Schedule I attached hereto,
such interest being payable semi-annually on each May 1 and November 1 (an "Interest Payment
Date") commencing May 1, 2009, with all unpaid interest being due on the Maturity Date, by wire
transfer in accordance with written instructions delivered by the Registered Owner to the County
or by such other medium acceptable to the County and to such Registered Owner. The principal
of, premium, if any, and interest on this Bond are payable in lawful money of the United States of
America. Interest due hereon shall be calculated on the basis of a 360-day year consisting of
twelve 30-day months.
A-I
{50001091001 01256.DOCv4}
Advances on this Bond may be made through February 1, 2009 and shall be recorded on
Schedule 2 hereto. On the Conversion Date the outstanding balance as shown on Schedule 2
hereto shall convert to a term loan. On or before the Conversion Date the Registered Owner
shall provide the County with a schedule setting forth the principal and interest payments
through maturity.
This Bond is issued to finance the costs of the acquisition and construction of the Indian
River Estates MSBU Project, under the authority of and in full compliance with the Constitution
and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes,
Ordinance No. 87-77 of St. Lucie County, Florida, as amended, and other applicable provisions of
law (collectively, the "Act"), and Resolution 94-196, duly adopted by the Board of County
Commissioners (the "Board") on September 20, 1994, as amended and supplemented
(collectively, the "Master Resolution"), particularly as supplemented by Resolution No. 06-348,
adopted on November 14,2006 (the "Series Resolution"), and Resolution No. 07----1 adopted on
February 13, 2007 (the "Supplemental Resolution" and, together with the Master Resolution, and
the Series Resolution, the "Resolution"), and pursuant to a Loan Agreement between the County
and Wachovia Bank, National Association, dated February -' 2007 (the "Loan Agreement"), to
which reference should be made to ascertain those terms and conditions.
This Bond is payable from and secured solely by a lien upon and pledge of the Indian
River Estates Pledged Revenues, all as defined in, in the manner provided in, and subject to the
terms and conditions of the Resolution and the Loan Agreement.
This Bond may be prepaid in whole or in part by lot at any time prior to the Conversion
Date at the price of par plus accrued interest to the date of redemption. Upon .and after the
Conversion Date, this Bond may be prepaid in whole or in part by lot at any time at the price of
par plus accrued interest to the date of redemption subject to a Breakage Fee as described in
Schedule 3 attached hereto.
The principal of and interest on this Bond do not constitute a general obligation or
indebtedness of the County, and the Registered Owner shall never have the right to require or
compel the levy of taxes on any property of or in the County for the payment of the principal of
and interest on this Bond. The principal of and interest on this Bond are not secured by a lien
upon the Indian River Estates MSBU Project, or upon any property of or in the County, but are
secured solely by the Indian River Estates Pledged Revenues in the manner provided herein and
in the Loan Agreement. Reference is made to the Loan Agreement for the provisions relating to
the security for payment of this Bond and the duties and obligations of the County hereunder.
The Registered Owner may sue to protect and enforce any and all rights, including the
right to specific performance, existing under the laws of the State of Florida, of the United States
of America, or granted and contained in the Loan Agreement, and to enforce and compel the
performance of all duties required by the Loan Agreement or by any applicable laws to be
performed by the County, the Board or by any officer thereof, and may take all steps to enforce
the Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida
or the United States of America.
This Bond may be transferred or assigned by the Registered Owner without the prior
written consent of the County.
A-2
{5000/09/001 OI256,DOCv4}
Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the
County shall also be obligated to pay, but only from the Indian River Estates Pledged Revenues,
all costs of collection and enforcement hereof, including reasonable attorneys' fees (including fees
incurred on appeal).
It is hereby certified and recited that all acts, conditions and things required by the
Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to
and in the issuance of this Bond, have been performed, exist and have happened in regular and
due form and time as so required.
IN WITNESS WHEREOF, S1. Lucie County, Florida, has caused this Bond to be executed
by the Chairman or Vice-Chairman of its Board of County Commissioners, and attested by the
Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County
Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile
thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date
of Issue above.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chairman of the Board of County
Commissioners
A TrEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board of County Commissioners
A-3
{5000109/001 0 1256. DOCv4}
SCHEDULES TO
ST. LUCIE COUNTY, FLORIDA
SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2007 A
(INDIAN RIVER ESTATES MSBU)
{5000/09/001 0 1256DOCv4}
SCHEDULE 1
ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS
The interest rate on this Bond shall be subject to adjustment in the event of a change in certain tax
laws and regulations as set forth below:
Adjustment to Interest Rate
(a) Change in Maximum Corporate Tax Rate. If the maximum federal corporate income tax
rate for the Bank (or in the case of another institutional holder of the Bond, such holder or its
holding company) and its subsidiaries (collectively, the "Bank") during any period in which
interest is accruing, shall be other than 35%, then the interest on the Bond during such period
shall be modified by multiplying the interest on the Bond (as adjusted) by a fraction equal to (1
- A)/.65 where A equals the maximum marginal corporate income tax rate then in effect.
(b) .^Jternative Minimum Tax Vlhere Interest on the Bond is a Direct Tax Preference Item.
If the Bank or its parent holding company pays an alternative minimum tax in any tax year and
the interest on the Bond is a direct tax preference item under section 57(a)(5) or any successor
provision of the Internal Revenue Code then the interest on the Bond for the period during
such tax year in which interest is accruing on the Bond shall be increased during such accrual
period by an amount equal to (A - B) x C where:
(1) A equals the interest on the Bond expressed as a percentage;
(2) B equals the Bank's Adjusted Cost of Funds; and
(3) C equals the maximum marginal rate of the alternative minimum tax expressed as a
decimal (currently .20).
"Bank's Adjusted Cost of Funds" means the fraction (expressed as a percentage), determined by
the Bank, of the total interest expense of the Bank for each calendar year divided by the total
average adjusted bases of all assets of the Holder during the calendar year as determined under
Section 265(b )(2)(B) of the Code or any successor provision thereto.
(c) Alternative Minimum Tax 'Alhere Interest on the Bond is an Indirect Tax Preference
Item. If the Bank or its holding company pays an alternative minimum tax in any tax year and
the interest on the Bond is not a direct tax preference item under section 57(a)(5), but is an
indirect tax preference item because of the application of section 56(g) or any successor
provision of the Internal Revenue Code then the interest rate for the period during such tax
year in which interest is accruing on the Bond shall be increased during such accrual period by
an amount to (A - B) x C where:
(1) A equals the interest on the Bond expressed as a percentage;
(2) B equals the Bank's Adjusted Cost of Funds; and
(3) C equals 75% of the maximum marginal rate of the alternative minimum tax expressed
as a decimal, or, if the Code is amended to effectively increase or decrease the percentage of
interest on the Bond which is subject to such indirect alternative minimum tax, then C shall
equal the percentage of such interest on the Bond which is effectively subject to such indirect
alternative minimum tax multiplied by the maximum marginal rate of the alternativeeminimum tax expressed as a decimal.
SCHEDULE 1-1
{5000/09/00 1 0] 256, DOCv4}
(d) Loss of Federal Income Tax Deduction for State Income Taxes. If the federal income tax
deduction for state income taxes paid on the interest on the Bond during any period is reduced
because of any change in the tax laws or regulations then the interest on the Bond shall be
increased during such period by an amount equal to A x B x C x D where:
(1) A equals the fraction (expressed as a decimal) of the total state income tax disallowed as
a result of such tax law change;
(2) B equals the rate of the applicable state income tax (expressed as a decimal);
(3) C equals the maximum federal corporate tax rate then in effect for the Bank (expressed
as a decimal); and
(4) D equals the interest on the Bond (expressed as a percentage).
(e) Partial Taxability. If the interest on the Bond during any period becomes partially
taxable because of any change in the tax laws or regulations, then the interest on the Bond shall
be increased during such period by an amount equal to (A - B) x C where:
(1) A equals the Taxable Rate (expressed as a percentage);
(2) B equals the interest on the Bond (expressed as a percentage); and
(3) C equals the fraction of the interest on the Bond which has become taxable as the result
of such tax change (expressed as a decimal).
(f) Other Change in Tax LavIs. If the tax laws or regulations are amended to cause the
interest on the Bond to be taxable, to be subject to a minimum tax or an alternative minimum
tax or to otherwise decrease the after tax yield on the Bond to the Bank (directly or indirectly,
other than a change described in (a) through (e) above or because of a Determination of
Taxability) then the interest on the Bond shall be adjusted to cause the yield on the Bond, after
payment of any increase in tax, to equal what the yield on the Bond would have been in the
absence of such change or amendment in the tax laws or regulations.
The above adjustments shall be cumulative, but in no event shall the interest on the Bond
exceed the maximum permitted by law. The above adjustments to the interest rate on the Bond
shall be effective on the effective date of the applicable change in the tax laws or regulations.
All tax rates and interest rates are expressed as annual rates. However, proper partial
adjustment shall be made if the tax law change is effective after the first day of the Bank's tax
year or if the interest on the Bond does not accrue for the entire tax year of the Bank.
Adjustments which create a circular calculation because the interest on the Bond is affected by
the calculation shall be carried out sequentially, increasing the interest on the Bond accordingly
in each successive calculation using as the new value the increase in the interest rate on the
Bond, until the change on the interest rate on the Bond caused by the next successive
calculation of the adjustment is de minimis. If more than one of paragraphs (a) though (e)
apply, then the interest on the Bond shall be adjusted in the order in which listed above.
Taxable Rate
Notwithstanding the foregoing, in the event of a "Determination of Taxability" (as
hereinafter defined), this Bond shall bear interest at the rate equal to the Taxable Rate (the
"Taxable Rate"), from and after and retroactively to the date as of which such Determination of
Taxability is made and the Bondholder shall be entitled to such additional interest on this
Bond. For purposes hereof, "Determination of Taxability" means the circumstance of the
interest on the Bond becoming includable for federal income tax purposes in the gross income
SCHEDULE 1-2
{50001091001 01256, DOCv4}
of the Bank as a consequence of any act, omission or event whatsoever and regardless of
whether the same was within or beyond the control of the County. A Determination of
Taxability will be deemed to have occurred upon (i) the receipt by the County or the Bank of an
original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory
Notice of Deficiency which holds that the interest on the Bond is includable in the gross income
of the Bank; (ii) the issuance of any public or private ruling of the Internal Revenue Service that
the interest on the Bond is includable in the gross income of the Bank; or (iii) receipt by the
County or Bank of an opinion of a Bank Counsel that the interest on the Bond has become
includable in the gross income of the Bank for federal income tax purposes. For all purposes of
this definition, a Determination of Taxability will be deemed to occur on the date as of which
the interest on the Bond is deemed includable in the gross income of the Bank.
In no event, however, shall interest be charged or paid in an amount in excess of the
maximum interest rate permitted to be paid under applicable law.
Additional Definitions
"Taxable Rate" means a rate equal to the rate of interest on the Bond times that percentage
which after the Determination of Taxability will result in the same after-tax yield to the
Registered Owner of the Bond as before said Determination of Taxability.
SCHEDULE 1-3
{5000/09/001 0 1256,DOCv4}
SCHEDULE 2
ST. LUCIE COUN1Y
SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2007 A
(INDIAN RIVER ESTATES MSBU)
AMORTIZA nON SCHEDULE
(put In Amortization When Final Interest Rate Is Set)
SCHEDULE 2
{5000/09/001 0 1256,DOCv4}
SCHEDULE 3
BREAKAGE SCHEDULE
In addition to principal, interest and any other amounts due under this Bond,
the County shall on demand pay the Bank any" Breakage Fee" due hereunder
for each Break Event. "Break Event" means any voluntary or mandatory
prepayment or acceleration, in whole or in part, of principal of this Bond
occurring prior to the date such principal would, but for that prepayment or
acceleration, have become due ("Scheduled Due Date"). For each date on
which a Break Event occurs ("Break Date"), a Breakage Fee shall be due only
if the rate under "A" below exceeds the rate under "B" below and shall be
determined as follows:
Breakage Fee = the Present Value of ((A-B)xC) + UBOR Breakage, where:
A = The rate per annum equal to the sum of (i) the bond equivalent yield
(bid side) of the U.S. Treasury security with a maturity closest to the
Maturity Date as reported by the Wall Street Journal (or other
published source) on the date the Interest Rate of this Bond was set
("Lock in Date"), plus. (ij) the corresponding swap spread of Bank on
the Lock in Date for a fixed rate payor to pay Bank the fixed rate side
of an interest rate swap of that maturity, plus. (iii) .25%.
B = A rate per annum equal to the sum of (i) the bond equivalent yield (bid
side) of the U.S. Treasury security with a maturity closest to the
Maturity Date as reported by the Wall Street Journal (or other
published source) on the Break Date, plus (ii) the corresponding swap
spread that Bank determines another swap dealer would quote to Bank
on the Break Date for paying to Bank the fixed rate side of an interest
rate swap of the maturity.
C = The sum of the products of (i) each Affected Principal Amount for
each Affected Principal Period, ti.rn.es (ij) the number of days in that
Affected Principal Period divided by 360 (if this Bond uses the
Actual/360 Computation) or the actual number of days in the year (if
this Bond uses the Actual/Actual Computation).
"Affected Principal Amount" for an Affected Principal Period is the principal amount
of this Bond scheduled to be outstanding during that Affected Principal Period
determined as of the relevant Break Date before giving effect to the Break Event on
that Break Date, and for any prepayment, multiplying each such principal amount
times the Prepayment Fraction.
"Affected Principal Period" is each period from and including a Scheduled Due Date
to but excluding the next succeeding Scheduled Due Date, provided that the first
{5000109/001 0 1256DOCv4}
such period shall begin on and includes the Break Date.
"L/BOR Breakage" is any additional loss, cost or expense that Bank may incur with
respect to any hedge for the fixed rate of this Bond based on the difference
between the London interbank offered rate (for U.S. dollar deposits of the relevant
maturity) available in the London interbank market at the beginning of the interest
period in which the Break Date occurs and that which is available in that market on
the Break Date.
"Maturity Date" is the date on which the final payment of principal of this Bond
would, but for any Break Event, have become due.
"Prepayment Fraction" is a fraction equal to the principal amount being prepaid over
the principal amount of this Bond outstanding immediately prior to that prepayment
on the Break Date.
"Present Value" is determined as of the Break Date using "B" above as the discount
rate.
In addition, a Break Event shall be deemed to occur hereunder if, on any date
("Borrowing Date") after the date hereof but prior to any acceleration of this Bond,
any advance of principal under this Bond is scheduled to be made and that advance
fails to be made on that Borrowing Date (whether due to Borrower's default,
Borrower's failure to borrow, the termination of any loan commitment, any
unsatisfied condition precedent, or otherwise), in which case that Borrowing Date
shall be a Break Date, the Affected Principal Amount for that Break Event shall be
based on the amount of the failed advance, and the Borrower shall on demand pay
to the Bank any Breakage Fee due hereunder for that Break Event.
Breakage Fees are payable as liquidated damages, are a reasonable pre-estimate of
the losses, costs and expenses Bank would incur in the event of any prepayment or
acceleration of this Bond, are not a penalty, will not require claim for, or proof of,
actual damages, and Bank's determination thereof shall be conclusive and binding
in the absence of manifest error. For any Break Event hereunder, the foregoing
Breakage Fee provisions supersede any breakage compensation agreement that
Borrower and Bank may have executed with respect to this Bond.
{5000/09/001 0 1256.DOCv4}
EXHIBIT B
BANK'S PROPOSAL LEITER
{5000/09/00 I 0 1256, DOCv4}
EXHIBIT C
FORM OF REQUISITION
From: St. Lucie County, Florida
To: Wachovia Bank, National Association
Date:
Requisition No.:
Under the terms of the not exceeding $16,000,000 Special Assessment
Improvement Bond, Series 2007 (Indian River Estates MSBU), dated February --.-J 2007
and the Loan Agreement related thereto, St. Lucie County hereby requests an Advance
in the amount of $ to be credited to the account of the County,
account # on
The principal balance of the Loan outstanding prior to this Request is the sum of
$ , and the principal balance of the Loan outstanding after this Request will be
$ , which is less than $16,000,000, the maximum amount that may be
outstanding under the Loan.
We understand that you will confirm to us in writing the Rate of Interest for this
Advance.
ST. LUCIE COUNTY, FLORIDA
By:
County Administrator
{5000/09/001 01256,DOCv4}
02/09/07
FZABWARR
FUND
001
001167
001172
001177
001180
001182
001404
001415
001418
001814
101
101002
101003
101004
101006
102
102001
102803
102805
107
107001
107002
107003
107006
115
118
120
122
129
129310
130
139
140
150
160
170
183
183001
183004
183006
184205
184209
185007
185008
310002
315
316
317
401
418
461
471
478
ST. LUCIE COUNTY - BOARD
WARRANT LIST #19- 03-FEB-2007 TO 09-FEB-2007
FUND SUMMARY
TITLE
General Fund
FTA Section 5303 Grant FY 05
CDBG Grant FY 05
Section 112/MPO/FHWA/Planning 2006
US Dept Housing HUD Shelter Plus Gr
CSBG Grant FY07
05 CDBG Sup Disaster Recovery
TDC Planning Grant FY 07
FDCA EMPA FY07
Floridian Aquifier Well Monitoring
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
Unincorporated Services Fund
Drainage Maintenance MSTU
Paradise Park, S L C Stormwtr Imp.
SFWMD-paradise Prk Swtr Imprv Phs I
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund-Court Related Technology
River Park I Fund
River Park II Fund
Sheraton Plaza Fund
Paradise Park Fund
The Grove Fund
Indian River Estates Fund
Parks MSTU Fund
FRDAP Grant-Lawnwood Recreation Com
SLC Public Transit MSTU
Palm Grove Fund
Port & Airport Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Court Facilities Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FDEP Fort Pierce Shore Protection P
FDEP - Fort Pierce Shore Protection
FHFA SHIP FY06/07
FHFA Hurricane Housing Recovery
Impact Fees-Parks
County Building Fund
County Capital
County Capital-St Revenue Share Bnd
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
EXPENSES
591,761. 92
49.88
800.00
473.82
5,991.92
261. 87
181. 20
49.77
828.74
106.48
10,279.43
23,642.91
69,402.46
5,179.02
1,750.00
24,436.13
2,731.19
30,895.00
1,000.00
376,022.18
77.66
19,624.21
25,176.94
14,619.01
2,728.25
581. 74
544.37
752.38
171.84
989.94
16,993.42
13,600.00
144.61
728.00
9,635.30
197.69
3,559.38
31,220.10
3,289.23
583.87
330.08
590.28
12,481.86
2,573.86
84.59
3,491.73
32,814.87
6,853.00
17,229.21
58,400.00
308,877.44
15,765.95
6,588.62
39.61
6,558.29
84,646.45
63.71
PAGE
PAYROLL
630,523.56
667.44
0.00
4,932.73
127.53
1,722.16
2,626.26
669.79
0.00
1,391.91
44,723.28
42,971. 47
33,486.23
18,926.03
0.00
83,118.34
6,349.74
0.00
0.00
127,776.94
1,019.03
2,006.25
0.00
6,248.06
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,956.01
0.00
13,688.00
2,130.41
3,032.80
0.00
0.00
0.00
2,728.70
0.00
0.00
0.00
1,021. 01
2,987.07
0.00
0.00
0.00
0.00
61,799.63
20,683.80
1,965.87
539.53
18,897.81
7,955.55
868.32
1
02/09/07
FZABWARR
FUND
479
491
505
611
615
625
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #19- 03-FEB-2007 TO 09-FEB-2007
FUND SUMMARY
TITLE
No Cty Util Dist-Capital Facilities
Building Code Fund
Health Insurance Fund
Tourist Development Trust-Adv Fund
Impact Fees Fund
Law Library
Bank Fund
GRAND TOTAL:
EXPENSES
108.46
5,504.63
273,872.18
10,082.69
530,571.90
11.15
262,048.84
2,930,651.26
PAGE
PAYROLL
1,452.00
66,544.58
5,748.15
0.00
0.00
0.00
0.00
1,223,285.99
2
AGENDA REOUEST
ITEM NO. C2A
DATE: February 13, 2007
REGULAR [ ]
PUBLIC HEARING
Leg. [ ] Quasi-JD [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney
J oAnn Riley
Property Acquisition Manager
SUBJECT:
Revocable License Agreement
Oceanhouses at Southpointe Association
Blue Heron Blvd.
BACKGROUND:
See Attached Memorandum
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement,
authorize the Chainnan to sign the Revocable License Agreement and direct
Oceanhouses at Southpointe Association to record the document in the
Public Records of St. Lucie County, Florida.
" APPROVED
[ ] OTHER
Approved 4-0
Comm. Grande Absent
[ ] DENIED
COMMISSION ACTION:
Dou las . Anderson
County Administrator
[X] County Attorney: (If''.
[X] Originating Dept: ,]I\\.I-
Review and Approvals
[X] Road and Bridg~~
[] Engineering:
[ ] Public Works:
[X]:EnVironmenta~V
PROPERTY ACQUISITION DIVISION
MEMORANDUM
TO:
Board of County Commissioners
FROM:
JoAnn Riley, Property Acquisition Manager
DATE:
February 13, 2007
SUBJECT:
Revocable License Agreement
Oceanhouses at Southpointe Association
Blue Heron Blvd.
BACKGROUND:
The Board of County Commissioners received a request from the Oceanhouses at Southpointe
Association to acquire a license agreement to cross the grassy right-of-way of Blue Heron
Blvd., to have access to the east side of their building for maintenance purposes.
The Association would like to cross the grass area of Blue Heron Blvd., dig out a 10-foot strip,
stabilize the strip with rock for support, replace with top soil and re-seed for vehicular access
to maintain the building.
The Environmental Resources Department has visited the site and met with the Association's
representatives to discuss how the work must be prepared. A silt screen needs to be placed
around any disturbed soils, and there will be no vegetation removed, no grade changes and must
be put back in the same or better condition.
RECOMMENDATION:
Staff recommends that the Board approve the Revocable License Agreement, authorize the
Chairman to sign the Revocable License Agreement and direct Ocean houses at Southpointe
Association to record the document in the Public Records of St. Lucie County, Florida.
Respectfully submitted,
J Ann Riley
roperty Acquisition Manager
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This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. McIntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this 1'7 day of " ~:ìfl
zC67
W06, l:Sy and
between ST. LUCIE COUNTY, a political subdivision ofthe State of Florida, (the "County") and
OCEANHOUSES AT SOUTHPOINTE ASSOCIATION. Jerry M. Baarman. Director, whose
address is 2000 Windward Drive, Fort Pierce, Florida, 34949 (Association).
WHEREAS, the Association own property described as follows:
Oceanhouses at Southpointe Phase IT
WHEREAS, the County is the owner ofthe property described as:
Right-of-way lying in Section 7, Township 35 South, Range 40 East
more particularly known as Blue Heron Blvd.
\VHEREAS, the Association desires to have access to the east side of their building for
maintenance purposes. The Association would like to cross the grass area of Blue Heron Blvd. right-
of-way, dig out a lOfoot strip, stabilize with rock for support and replace with top soil and reseed
for vehicular access to maintain the building. Exhibit A
WHEREAS, the County is willing to permit the Association to cross the grass area of Blue
Heron Blvd. right-of-way, subject to the terms and conditions set forth in this Revocable License
Agreement.
NOW, THEREFORE, in consideration ofthe mutual covenants set forth herein, the parties
1
agree as follows:
1. The County agrees to grant the Association a Revocable License for the purpose of
digging out a 10 foot strip of grass, stabilize with rock for support and replace with top soil and
reseed to use strip for vehicular access to maintain the building. Exhibit "A." The Association must
use a silt screen around any disturbed soils. No vegetation will be removed, no grade changes must
occur. This Revocable License shall extend only to the above-referenced conditions and shall not
extend to the construction and/or installation of any additional structures or utilities.
2. The sole purpose of this Revocable License is to allow the Association to cross the
right-of-way with a vehicular to maintain the outside ofthe building.
3. Pursuant to the terms and conditions contained in this Agreement, the County
authorizes the Association to maintain the 10 foot strip in the location identified in Exhibit "A."
4. The Association shall install the rock and grass in accordance with the Standard
Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards.
The Association shall also provide a Maintenance of Traffic Plan to the County for approval prior
to construction and provide notice to the County Engineer and Road and Bridge Manager with a
schedule for construction.
5. This Revocable License Agreement shall be binding on future successors and
assignees of the Association provided that Association give adequate notice to the County pursuant
to Paragraph Twelve (12) of this Agreement.
6. The County shall have the right, at the sole discretion ofthe County Engineer or Road
and Bridge Manager, to terminate this Agreement with or without cause and require removal of the
encroachment at the Association's sole expense upon ninety (90) days written notice to the
Association. The County Engineer or Road and Bridge Manager may, in lieu ofterrnination, request
2
that the Association perfonn certain alterations to the 10 foot strip in the right-of-way of Blue Heron
Blvd., at the Association's so Ie expense. However, if such alteration is not performed to the
satisfaction ofthe County Engineer or Road and Bridge Manager, the County shall be entitled to
exercise its right to tenninate this Agreement.
7. Upon the demise of the encrouchment, the expiration of this Revocable License
Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the
Association shall be responsible for the removal or plugging of the right-of-way as directed by the
County Engineer or Road and Bridge Manager, consistent with the specifications of the County in
force at such time.
8. The term of this Revocable License Agreement shall begin on the date first above
written and shall remain in effect unless otherwise revoked or abandoned as provided herein.
9. Association agrees to relocate the referenced encrouchment, at any time and at no cost
to the County, ifnecessary for the maintenance or improvements of Blue Heron Blvd. by the County.
10. The stabilized grass in the right-of-way of Blue Heron Blvd. shall be planted in
accordance with all applicable codes and permitting regulations of the County and shall be
maintained solely at the expense ofthe Association. Any maintenance activity will be subj ect to the
written approval of the County Engineer or Road and Bridge Manager.
11. The Association agrees to allow County employees access to the location of the
stabilized grass for County purposes as determined by the County Engineer or Road and Bridge
Manager.
12. All notices, request and other communications dealing directly or indirectly with this
license shall be in writing and shall be (as elected by the person giving such notice) hand delivered
by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage
3
prepaid) return receipt requested, address to:
As to County:
County Engineer
Engineering Division
2300 Virginia Avenue, 2nd Floor
Fort Pierce, FL 34982
With Copies to:
County Attorney
2300 Virginia Avenue, 3rd Floor
Fort Pierce, FL 34982
As to Association:
Oceanhouses at Southpointe Association
Director
200 Windward Drive
Ft. Pierce, FL 34949
As to County:
Road and Bridge Manager
2300 Virginia Avenue
Fort Pierce, FL 34982
or to such other address as any party may designate by notice complying with the terms of this
section. Each such notice shall be deemed delivered (a) on the date delivered ifbypersona1 delivery,
(b) on the date upon which t he return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case maybe, ifmailed.
13. As consideration for the County granting this Revocable License Agreement the
Association agrees to indemnify and hold the County harmless from and against all claims, liability,
demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions,
including reasonable attorneys fees of any kind or nature arising or in any way connected with the
use, occupation, management, or control of the above property hy County or its' agents, servants,
employees, patrons, orinvitees, or resulting in injury to persons or property, or loss of life or
property of any kind or nature whatsoever, sustained during Association's use of the property.
14. The Association shall promptly record this Revocable License Agreement in the
Official Records ofSt. Lucie County, Florida. The Association shall pay any document excise taxes
and the cost of recording this Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
4
above first written.
ATTEST:
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESS:
OCEANHOUSES AT SOUTHPOINTE ASSOCIATION
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By:
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STATE OF
COUNTY OF
The .foregoing instrument was acknowledged before me this ':?{ day of ø -è...,C{\1\. ~
2006, by Æ. h \A ( 0 ' ~.-; Sl it's who produced
(type of identification) or,is personally known to me and who did take an oath.
t
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WITNESS my hand and official seal, tills''') ;ay 2/ /;;!:~~v ;JJJ66,
Signature of Notary Public
xlJtttt/tJ L /:.(11-1 e ,J
Name of Notary Public Typed,
Printed or Stamped /f /
My Commission Expires: '::;( ~ ( c> ~
"", "'" Richard 1. Kimes, Jr.
::~"t.-~.~~ç.;-,- eommission#DD316320
ª*~~ :*~ Expires: May 29, 2008
-.,.. ~·š· nded......~·
~I..,;.¡....ô~,~ So lUlU.
""'~~I~'" Atlantic Bonding Co., Inc.
5
EXHIBIT
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AGENDA REQUEST
ITEM NO. [2 E
DATE: February 13, 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: Permission to Advertise - Ordinance No. 07-009 -Off Road
Vehicles
BACKGROUND: See CA No. 07-0178
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION
CONCLUSION:
Staff requests permission to advertise proposed
Ordinance No. 07-009 for public hearing before the
Board of County Commissioners on March 6, 2007
beginning at 6:00 pm or as soon thereafter as may be
heard.
[)( APPROVED [ ] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
COMMISSION ACTION:
Douglas . Anderson
County Administrator
[X] C'""tv Altom'" ~/
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: 07-0178
DATE: February 13, 2007
SUBJECT: Permission to Advertise Ordinance No. 07-009 - Off Road
Vehicles.
BACKGROUND:
Driving, riding, and use of motorcycles, motor bikes, minibikes, dirt bikes, trail
bikes, dune buggies, motor scooters, jeeps, or other forms of off-highway motor
vehicles on public and private property within the unincorporated county is and can
be the cause of noise and dust and of the destruction of plants, other ecological
damage, and damage to landscaping and other personal and real property, which
conduct adversely affects the comfort and privacy of the occupants and residents of
the county. Because the conduct may be intermittent, fleeting, moving or caused
by persons who are minors, the noise and public nuisance provisions of this code,
as well as other legal remedies, are inadequate to control the conduct and its
adverse effects. Based on the recommendation of the St. Lucie County Sheriff (see
letter, attached), it is necessary to the public welfare to regulate the use of
motorcycles, motor bikes, minibikes, dirt bikes, trail bikes, dune buggies, motor
scooters, jeeps, or other forms of off-highway motor vehicles on public and private
property. The purpose of this Ordinance is to exercise the general police power in
order to protect the enjoyment and use of public and private property, to protect
the rights of privacy, to preserve property and personal values, and to promote
peace and quiet within the city by regulating the use of motorcycles, motor bikes,
minibikes, dirt bikes, trail bikes, dune buggies, motor scooters, jeeps, or other
forms of off-highway motor vehicles on public and private property. This Ordinance
would prohibit the use of off-highway motor vehicles on public property which is not
held open for vehicular use and on private property where the operator does not
have the written permission of the property owner. A violation of this Ordinance
would result in a $100 fine.
RECOMMENDATION/CONCLUSION:
Staff requests permission to advertise proposed Ordinance No. 07-009 for
public hearing before the Board of County Commissioners on March 6, 2007
beginning at 6: 00 pm or as soon thereafter as may be heard.
Respectfully submitted, ~
~J3VV;/&1 "-
Heather Sperrazza Lueke
Assistant County Attorney
HL/
cc: Adam M. Fetterman, General Counsel, St. Lucie County Sheriff
ORDINANCE NO. 07-009
AN ORDINANCE AMENDING CHAPTER 1- 20, TRAFFIC, ST.
LUCIE COUNTY CODE AND COMPILED LAWS, BY
CREATING ARTICLE IV, OFF-ROAD VEHICLES;
PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND
PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made
the following determinations:
1. Driving, riding, and use of motorcycles, motor bikes, minibikes, dirt bikes, trail
bikes, dune buggies, motor scooters, jeeps, or other forms of off-highway motor vehicles on
public and private property within the unincorporated county is and can be the cause of noise
and dust and of the destruction of plants, other ecological damage, and damage to landscaping
and other personal and real property, which conduct adversely affects the comfort and
privacy of the occupants and residents of the county; and,
2. Because the conduct may be intermittent, fleeting, moving or caused by
persons who are minors, the noise and public nuisance provisions of this code, as well as other
legal remedies, are inadequate to control the conduct and its adverse effects; and,
3. Based on the recommendation of the St. Lucie County Sheriff, it is necessary
to the public welfare to regulate the use of motorcycles, motor bikes, minibikes, dirt bikes,
trail bikes, dune buggies, motor scooters, jeeps, or other forms of off-highway motor
vehicles on public and private property; and,
4. The purpose of this Ordinance is to exercise the general police power in order
to protect the enjoyment and use of public and private property, to protect the rights of
privacy, to preserve property and personal values, and to promote peace and quiet within the
city by regulating the use of motorcycles, motor bikes, minibikes, dirt bikes, trail bikes, dune
buggies, motor scooters, jeeps, or other forms of off-highway motor vehicles on public and
private property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Struck thr6u9h passages are deleted.
-1-
Underlined passages are added.
St. Lucie County, Florida:
PART A.
AMENDMENT OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF
ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, TO
CREATE ARTICLE IV, (OFF-ROAD VEHICLES).
Chapter 1-20 (Traffic) of the St. Lucie County Code of Ordinances and Compiled Laws
is hereby amended to create Article IV (Off-Road Vehicles) to read as follows:
ARTICLE IV. OFF-ROAD VEHICLES
Section 1-20-62. Operation Regulated.
(a) No person shall operate upon the private property of another or upon any public
property which is not held open to the public for any vehicular use and which is not subject
to the provision of the State Uniform Traffic Control Law. a motor vehicle. including a
motorcycle. motor bike. minibikes. dirt bikes. trail bikes. dune buggies. motor scooters. jeeps.
or other form of off-highway motor vehicle.
(b) The provisions of this section shall not prohibit the operation of off-highway motor
vehicles upon the property of another when the motor vehicles are:
(1) Authorized emergency vehicles;
(2) Used for ingress to and egress from. and parking upon. parking lots or
structures open to the public or private parking lots;
(3) Motor vehicles operated upon property used for a motor vehicle riding area
which has received approval from the County and is being operated as a business;
(4) The property of any governmental agency. including any motor vehicle riding
facility operated by the County;
(5) Upon the property of another when the operator has the written consent
of the owner or person in lawful possession of the property;
(6) Used by the owner of the land. the owner's family. employees. agents. or
lessees;
(7) Upon private property for ingress and egress only.
Section 1-20-63. Prima Facie Violation.
The operation of any motorcycle. motor bike minibikes. dirt bikes. trail bikes. dune
buggies. motor scooters. jeeps. or other form of off-highway motor vehicle upon any vacant
or unimproved lands within the unincorporated county shall constitute a prima facie violation
Strud< through passages are deleted.
-2-
Underlined passages are added.
of this Article. unless operator is able to exhibit signed written permission by the owner of
the land for such use.
Section 1-20-64. Liability of Parents of Children Under Eighteen
Each parent of guardian of any child under the age of eighteen (18) years may be
charged under this Article with having permitted a violation of this Article. Subsequent to
receipt of a written warning from the Sheriff. each parent or guardian so warned shall be
assumed knowingly to have permitted any subsequent violation and shall be subject. upon
conviction. to penalties identical to those provided for the violator for having permitted a
violation of this Article.
Section 1-20-65. Penalty
(a) A person violating the provisions of Section 1-20-62 through 1-20-64 shall. upon
conviction. be punished by a fine not to exceed the sum of one hundred dollars ($100.00).
PART B.
CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie
County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded
by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of
this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to
any person, property, or circumstance, such holding shall not affect its applicability to any
person, property, or circumstance.
PART D.
FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to
the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee,
Florida 32304.
PART E.
EFFECTIVE DATE.
Struck thrðugh passages are deleted.
-3-
Underlined passages are added.
This ordinance shall take effect upon filing with the Department of State.
PART F.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft
Vice Chairman Joseph E. Smith
Commissioner Paula A. Lewis
Commissioner Charles Grande
Commissioner Doug Coward
xxx
xxx
xxx
xxx
xxx
PART G.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered
to accomplish such intention; provided, however, that Parts B through F shall not be codified.
PASSED AND DULY ADOPTED this _day of
,2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Strud< tnrðugn passages are deleted.
-4-
Underlined passages are added.
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KENJ.MASCARA
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4700 West Midway Road, Fort Pierce, Florida 34981
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Member National Sheriffs' Association
Member Florida Sheriffs' Association
Telephone: (772) 461-7300 . Fax: (772) 489-5851
Reply to: 772-462-3225
Fax: 772-462-3351
Dan McIntyre, Esq.
St. Lucie County Attorney
2300 Virginia Ave., 3rd Floor
Fort Pierce, FL 34982
~~Céi~~~
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n NOV 1 fî 2006 >or
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November 14, 2006
Re: Recreational and Off-Road Vehicles.
Dear Dan:
I hope this letter finds you well as we head into what I am sure what will be a busy holiday
season. I have been asked to contact you regarding a long-standing law enforcement problem we
have faced in the county. As you may know, numerous ATV and off-road motorcycle riders use
private property on a regular basis for their off-road riding pursuits. Unfortunately, this causes a
number oflaw enforcement problems for us as well as noise and nuisance problems for the
neighboring property owners. When we seek to enforce trespass laws on anyone particular
parcel, they often move to another parcel. A County Ordinance to support our efforts in
prohibiting the unauthorized use of private properties in this manner would greatly help us in
enforcing the law, as well as in preserving the quality of life that our law-abiding residents
deserve to enjoy.
I have enclosed for you a copy of Chapter 73 of the Port St. Lucie City Code which deals
specifically with this issue. The Sheriff has asked that you and the Board of County
Commissioners consider promulgating such an Ordinance to govern the unincorporated areas of
St. Lucie County. As you can see, the Port St. Lucie Ordinance does not in any way restrict a
property owner's right to use his or her property in this manner, but rather prohibits the use by
trespassers. I will be happy to assist pursuing this matter in anyway I can. Please let me know
your and the Board's feeling on this so that I may report back to the Sheriff.
cc: Mr. Doug Anderson
Chief Deputy Garry Wilson
Maj. Michael Monahan
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CHAPTER 73: RECREATIONAL AND OFF-ROAD VEHICLES
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Ð~!~:99 Penalty
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R~:' RBŒEA710NAL VEHICLES
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.~~pr the purpose of this subchapter the following
~~on shall apply unless the context clearly
;~s.or requires a different meaning.
rCRBA7TONAL VEHICLE. Every licensed
.;.and conveyance designed, used, or maintained
~ as ~ travel trailer, motor home, camper, boat
..Cod trailer, or other similar use.
;'81_,e, § 20-16)(Ord. 72-8, passed 7-11-72; Am.
';{ ,passed 2-24-81)
, ¡¡,;~.:.
Definition
Registration and inspection tag
Use as a residence prohibited
Parking
Olf-Road Vehi:1es
Findings and purpose
Operation regulated
Prima facie violation
Liability of parents of children under
eighteen
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~RBoISTRA.TION AND INSPECTION TAG.
An recre . .
¡.;.;u· alional vehIcles shall bear a current state
"4 on and . .
:òde Inspection tag.
~,~ §2~;~~(Ord. 72-8, passed 7-11-72)
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I 73.03 USE AS A RESIDENCE PROHIBITED.
No recreational vehicle shall, at any time, be used
as a residence, temporarily or permanently.
('78 Code, § 20-17)(Ord. 72-8, passed 7-11-72; Am. Ord.
81-7, passed 2-24-81) Penalty, see § 73.99
173.04 PARKING.
(A) Parking in designated areas. Recreational
vehicles may be parked in designated areas which the
city may designate from time to time. ('78 Code,
§ 20-19) (Ord. 72-8, passed 7-11-72)
(B) Parking of recreational vehicles in residential
district. No recreational vehicle shall be parked or
stored in any residential area unless the vehicle is stored
inside an enclosed garage or other structure, parked on
a paved driveway or parked to the side or rear of the
principal structure, provided the applic.'ible lO-foot rear
lot setback is maintained. ('78 Code, § 20-21) (Ord.
81-7, passed 2-24-81; Am. Ord. 85-106, passed 9-24-85;
Am. Ord. 89-108, passed 10-23-89; Am. Ord. 93-67,
passed 12-20-93) Penalty, see § 73.99
OFF-ROAD VEHICLES
I 73.15 FINDINGS AND PURPOSE.
(A) The City Council finds that the driving, riding,
and use of motorcycles, motor bikes, minibikes, dirt
bikes, trail bikes, dune buggies, motor scooters, jeeps, or
other forms of off-highway motor vehicles on public and
private property within the limits of the city is and can
be the cause of noise and dust and of the
destruction of plants, other ecological damage, and
damage to landscaping and other personal and real
property, which conduct adversely affects the comfort
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§ 73.17 PRIMA FACIE VIOlATION.
14
Port St Lude - Traffic Code
and privacy of occupants and residents of the city.
Because the conduct may be intermittent, fleeting,
moving, or caused by persons who are minors, the
noise and public nuisance provisions of this code, as
well as other legal remedies, are inadequ3,te to control
the conduct and its adverse effects. The provisions of
this subchapter relating to the regulations of
motorcycles, motor bikes, minibikes, dirt bikes, trail
bikes, dune buggies, motor scooters, jeeps, or other
forms of off-highway motor vehicles are therefore
necessary for the public welfare.
(B) The City Council declares that the purpose
of this section is to exercise the general police power
in order to protect the enjoyment and use of public
and private property, to protect the rights of privacy,
to preserve property and personal values, and to
promote peace and quiet within the city by regulating
the use of motorcycles, motor bikes, minibikes, dirt
bikes, trail bikes, dune buggies, motor scooters, jeeps,
or other forms of off-highway motor vehicles on public
and private property within the city.
('78 Code, § 20-31)(Ord. 80-21, passed 6-24-80)
§ 73.16 OPERATION REGULATED.
(A) No person shall operate upon the private
property of another or upon any public property which
is not held open to the public for any vehicular use
and which is not subject to the provision of the State
Uniform Traffic Control Law, a motor vehicle,
including a motorcycle, motor bike, minibike, dirt bike,
trail bike, dune buggy, motor scooter, jeep, or other
form of off-highway motor vehicle.
(B) The provisions of this section shall not
prohibit the operation of off-highway motor vehicles
upon the property of another when the motor vehicles
are:
(1) Authorized emergency vehicles;
(2) Used for ingress to and egress from,
and parking upon, parking lots or structures open to
the public or private parking lots;
(3) Motor vehicles operated upon property
used for a motor vehicle riding area which has
receiv~d_aRP!()Y~l, f!:2..I1?:.the 90/ and is being operated
as a business; .' .' ----.---- ..-----..--
(4) The property of any governmental
agency, including any motor vehicle riding facility
operated by the city;
(5) Upon property of another and WhI~
operator has the written consent of the owner Or en
in lawful possession of the property; pe
(6) Used by the owner of the land h'
his family, employees, agents, or lessees;
'"
(7) Upon private property for ingress .
egress only.
('78 Code, § 20-32)(Ord. 80-21, passed 6-24-80)
Penalty, see § 73.99
The operation of any motorcycle, motor b""'
minibike, dirt bike, trail bike, dune buggy, mô-
scooter, jeep, or other form of off-highwaymotorvel
upon any vacant or unimproved lands within the~/
limits as described in § 73.16(A), shall constitute a p -;-
facie violation of this subchapter, unless the operatÔt:
able immediately to exhibit signed written perrnissio~:
the owner of the land for such use."
('78 Code, § 20-33)(Ord. 80-21, passed 6-24-80)
Penalty, see § 73.99
§ 73.18 UABIUTY OF pARENTS OF CHILD
UNDER EIGHTEEN.
Each parent or guardian of any child under the
of 18 years may be charged under this subchapter,_,
having permitted a violation of this subchag:
Subsequent to receipt of a written warning from~
Chief of Police, each parent or guardian so warned s·
-\...,
be assumed knowingly to have permitted any subseque'f
violation and shall be subject, upon convicùon,;,-
penalties identical to those provided for the violator "'
having permitted a violation of this subchapter. .
('78 Code, § 20-34)(Ord. 80-21, passed 6-24-80)
Penalty, see § 73,99
I 73.99 PENALTY.
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(A) A person violating the provisions of §§ 73·°1
through 73.04 shall be punished by a fine of $25, up II
five days in jail, or both. Each day upon which any sud
-ViolatióIfš:iia1l6ccuf'shalrconstitute a separate offe~
('78 Code, § 20-22)(Ord. 81-7, passed 2-24-81)
(B) Whoever shall violate the provisions of!
,
Recreational and Off·Road Vehicles
;§§ 73.15 through, 73.18 shall". up~n~onvlct:on. be
, unished by a fine not to exceed the sum of -S100.
~8 code, § 20-35)(Ord. 80-21, passed 6-24-80)
15
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AGENDA REQUEST
ITEM NO. C2C
DATE: February 13/2007
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. 07-0180
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION
CONCLUSION:
Staff recommends that the Board approve the
Declaration and authorize the Public Safety Director to
sign the Declaration.
[)J APPROVED [ ] DENIED
[ ] OTHER:
E:
COMMISSION ACTION:
Approved 4-0
Comm. Grande Absent
Do gl M. Anderson
County Administrator
[X] County Attorney:
~~
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: 07-0180
DATE: February 13, 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.
R~~d' )'_ ~
c /(
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 February 20, 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
February 13, 2007 at 9:00 a.m.
Jack T. Southard
Public Safety Director
IlEM NO. C3A
DATE: Feb. 13,2007
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
REGULAR: ( )
PUBLIC HEÞRING: ( )
CONSENT (X)
PRESENTED BY:
SUBMITTED BY (DEPT): Public Safety
Jack T Southard
Public Safety Director
SUBJECT: Request to approve the repairs of two (2) generators being housed at the Emergency
Operations Center in the amount of $5,000.00.
BACKGROUND: See Attached Memo
FUNDS AVAILABLE:
Funds will be available through 001-2510-546000-200 - Emergency Management Equipment Maintenance
From 001-9910-599100-800 - Contingency
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners approve the repairs of the twe
generators in the amount of $5,000.00. Also approve and sign Budget Amendment A07-033.
D ugl~ Ãnderson
County Administrator
COMMISSION ACTION:
C><)APPROVED DENIED
OTHER:
Approved 4-0
Comm. Grande Absent
1;
þunty Attorney' V -M'anagement and BUdge~
"Æriginating De~ Other: Other:
Finance: Che~ copy on~y, if applicable:
Review and Approvals
Purchasing: ~
Inter-Office Memorandum
Department of Public Safety
Division of 911 Communications
TO: Board of County Commissioners
FROM: Jack T Southard, Dire~
SUBJECT: Generator Repairs
DATE: February 13, 2007
*****************************************************************
Various portable generators have been stored at the Public Safety/Emergency
Operations Center and two (2) are in need of repairs. Originally, these
generators were purchased by the Utility department. One generator needs
repairs in the amount of $2,600.00 and the other is in the amount of $2,400.00,
for a total of $5,000.00.
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Emergency Management
PREPARED DATE: 1/24/2007
AGENDA DATE: 2/13/2007
TO:
001-2510-546000-200
$5,000
FROM: 001-9910-599100-800
Equipment Maintenance
Contingenc
$5,000
REASON FOR BUDGET AMENDMENT: For re airs on enerators that are being ke t at the EGC.
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMS APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
:@
$250,462
$5,000
$245,462
BA07-033
Power Pro-Tech Services, Inc.
Estimate
240 Circle Drive
Maitland, FL 32751
Phone:8004374474
Fax:4076288919
Web:http://www.powerprotech.com
Date: 14-Dec-06
Estimate #: 6292
Created By: Jimmy Evans
S1. Lucie County Public Safety
A TTN: Greg Bunting
Type Number Ext
Phone (772) 462-1902
Fax (772) 462-1808
PIN
Original Workorder#: 124478
Job Description:
Complete Major service, oil, oil filter, fuel filter, replace racor fil ter and base. Replace engine belts. Replace engine starting batteries and battery
charger. Drain coolant, flush system, refill with proper mixture c:t coolant æd add inhibitor to system. Replace air filter. Replace fuel hose.
Perform 4 hour load bank testing and provide cust omer required paperwork.
m"~'_%"':-;;;';;*,;;;:<Ø!;Ö~»Z%==OJmW_'>=~';;"".-""¿;!':''¥i''».'''-'<»'__':':·:"'·'$M;W";»>'_"~~;:~~'-~"'<;"i<-:"~;_:=;m~~::__~..........,,,,~'I$.'«>-"';''*'''XW>W'M$I_7~:'!:~~''''~=i_~''''''~''''''iWi;_"@::'I$.:::'''~::o:~=-,*~·'
UnitlD: ¡Unit Location ¡¡Manufacturer ¡¡Model IIKW I I Serial Number
11340 EmergencyOps Center IGenerac 1 96A01325 11125 I~~Ž;&:~\
Materials
Quantity Description Price US$ Total
1 Oil Filter $26,51 $26.51
1 Fuel Filter $17.32 $17.32
1 FuellWater Separator Assy. $177.75 $177.75
4 Oil, Gallon $13.58 $54.32
2 Group 27 Battery $115.83 $231.67
2 Battery Fee FS403.7185 $1.50 $3.00
4 Terminal Protectors $0.50 $2.00
1 Battery Charger $213.57 $213.57
2 Radiator Flush $5.98 $11.96
10 Antifreeze, Gallon $17.98 $179.80
2 Radiator Treatment, Inhibitor pt $13.18 $26.36
1 Air Filter $132.13 $132.13
7 Fuel Hose, 3/8", Ft $1.41 $9.87
125 Loadtech Load Bank per KW $2.00 $250.00
1 Miscellaneous Supplies $20.00 $20.00
~;:;<?MW~~,*,'i-'~::,"~':¡~
SubTotal: $1,356.26
Labor
Hours Description Price US$ Total
17 Labor $65.00 $1,105.00
150 mileage (2 trips - capped) $0.65 $97.50
SubTotal: $1,202.50
Grand Total ~2"'5sgjt§J
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Terms and conditionsINotes
. Does not include freight, 5% environmental disposal fee, applicable taxes, duties and fees unless otherwise indicated.
. Estimat ! is valid for a period of 30 days fr om date of issuance unless otherwise indicated below.
This is a good faith estimate of repairs.
Any concealed damage or additional work found necessary will be estimated separately.
- Refused
[i] Please re-estimate
Please give a brief
description in the space
provided to the right.
Approval
[iJ Approved, work to be performed...
[i] ...immediately
[i] ...at next scheduled PM
[i] ...at this date: I
[i] Cancel estimate request
Page 1 of2
Power Pro-Tech Services, Inc.
Phone: 8004374474
240 Circle Drive
Maitland, FL 32751
Fax:4076288919
Web:http://www.powerprotech.com
Estimate
Date: 14-Dec-06
Estimate #: 6292
Created By: Jimmy Evans
Authorized Signature:
Please Print Name:
Date:
Your PO #:
Page 2 of2
Power Pro-Tech Services, Inc.
Estimate
240 Circle Drive
Phone:8004374474
Fax:4076288919
Web:httpJIwwN.powerprotech.com
Date: 14-Dec-06
Estimate #: 6291
Created By: Jimmy Evans
Maitland, FL 32751
St. Lucie County Public Safety
ATTN: Greg Bunting
Type Number Ex!
Phone (772) 462-1902
Fax (772j462-1808
PIN
Original Workorder#: 124477
Job Description:
Complete major service, oil, oil filter, fuel filter, complete inspection. Replace engine belts. Replace engine starting batteries and battery charger.
Drain coolaht, flush system, refill with proper mixture of coolant and add inhibitor to system. Replace air filter. Replace fuel hose, Perform 4 hour
load bank testing and provide customer with required paperwork.
;~~~;m..""",@~'_,«<_':mxN'>'''~'''':'''_~~>:'''W'~i:;''.*';;:::~;':;<~;:;:"'::~':~!~'>X~:~<':::::'~~":>:\\':~:~:"'.:::"_''''''::\<:~:::~1':=""=~mm~::~",,::,~-=m=~=~:1~:~~::~~---=~M"~>m.,=_*,-."f.?JW~,*,=¥,___~_~:~"':'::::;'N;;:_::",",::m'$.''''''''
UnitlD: IUnitLocation ¡IManufacturer ¡¡Model IIKW IISerialNumber
11339 I Emergency Ops Center II Generac 1196A01325 11125 1,t[<L:?6j~~j1f
Materials
Quantity Description Price US$ Total
1 Fuel Filter $14.63 $14.63
1 Oil Filter $26.51 $26.51
4 Oil, Gallon $13.58 $54.32
2 Group 27 Battery $115.83 $231.67
2 Battery Fee FS403.7185 $1.50 $3.00
4 Terminal Protectors $0.50 $2.00
1 Battery Charger $213.57 $213.57
1 Air Filter $132.13 $132.13
7 Fuel Hose, 3/8", Ft $1.41 $9.87
2 Radiator Flush $5.98 $11.96
10 Antifreeze, Gallon $17.98 $179.80
2 Radiator Treatment, Inhibitor pt $13.1i! $26.36
125 Loadtech Load Bank per KW $2.00 $250.00
1 Miscellaneous Supplies $20.00 $20.00
, ~'Iði:ò:'
SubTotal: $1,175.81
Labor
Hours Description Price US$ Total
17 Labor $65.00 $1,105.00
150 mileage (2 trips - capped) $0.65 $97.50
~n__,m#i'i1øø,;_~~,
SubTotal: $1,202.50
Grand Total ~
Terms and conditions/Notes
· Does not include freight, 5% environmental disposal fee, applicable taxes, duties and fees unless otherwise indicated.
· Estimate is valid for a period of 30 days fr om date of issuance unless otherwise indicated below.
This is a good faith estimate of repairs.
Any concealed damage or additional work found necessary will be estimated separately.
Approval
Approved, work to be performed...
...immediately
~ ..,at next scheduled PM
,..at this date: I
- Refused
~ Please re-estimate
Please give a brief
description in the space
provided to the right.
~ Cancel estimate request
Page 1 of2
Power Pro-Tech Services, Inc.
Phone:8004374474
240 Circle Drive
Maitland, FL 32751
Fax:4076288919
Web:http://www.powerprotech.com
Estimate
Date: 14-Dec-06
Estimate #: 6291
Created By: Jimmy Evans
Authorized Signature:
Please Print Name:
Date:
Your PO#:
Page 2 of 2
FISCAL YEAR 2006-2007
FUNDS APPROVED FROM CONTINGENCY
GENERAL FUND
AMOUNT REMAINING:
$360,553
DEPARTMENT ITEM
ACCOUNT #
Approved Budget Contingency
001-9910-599100-800
BA07 -004
BA07 -007
BA07 -008
Line-to-Line
BA07-014
BA07 -023
BA07 -024
Proposed action:
BA07 -028
BA07 -029
BA07 -033
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
For repairs on generators that are being kept at the EOC.
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
$5,000
$245,462
IlEM NO. C3B
DATE: Feb. 13,2007
AGENDA REQUEST
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
. SUBMITTED BY (DEPT): Public Safety
Jack T Southard
Public Safety Director
SUBJECT: Request to approve the purchase of three (3) remote site controllers and two (2) console
positions for the 800 MHz radio system in the amount of $27,000.00.
BACKGROUND: See Attached Memo
FUNDS AVAILABLE:
Funds will be available through 107003-2120-564000-200 - 800 MHz Machinery & Equipment
From 107003-2120-546000-200
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of three
(3) remote site controllers and two (2) console positions for the 800 MHz radio system in the amount of
$27,000.00. Also approve and sign Budget Amendment # BA 07-038. Equipment Re uest #07-307.
ug~""'Anderson
Countv Administrator
COMMISSION ACTION:
C>()APPROVED DENIED
OTHER:
Approved 4-0
Comm. Grande Absent
JY/
Review and Approvals
;¡{.nagement and BUdget~ ,--PúrchaS'ng:~_
Other: Other:
Finance: Chec or copy only, if applicable:
Inter-Office Memorandum
Department of Public Safety
Division of 911 Communications
FROM:
Board of County comm~
Jack T Southard, Direc~
800 MHz Equipment
TO:
SUBJECT:
DATE:
February 13, 2007
*****************************************************************
Public Safety has the opportunity to purchase Motorola equipment from the State
of Florida through a third party at drastically reduced costs. This equipment was
used by the State of Florida for their statewide 800 MHz radio system.
We are requesting permission to purchase three (3) controllers for remote
simulcast for the 800 MHz sites in the amount of $5,000.00 each for a total of
$15,000.00. This is needed for the Westport site, Cloud Grove site, and one
spare. Also, purchase two (2) console operation positions to be used in the 911
Center in the amount of $6,000.00 each for a total of $12,000.00.
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007
APPROVED:
YES
NO
NO
REVISED
REVISED
DEPARTMENT:
DIVISION:
Public Safety
800 MHz
RECOMMENDED: X YES
JUSTIFICATION:
Public Safety has the opportunity to purchase Motorola equipment from the State of Florida through
a third party at drastically reduced costs. This equipment was used by the State of Florida for their
statewide 800 MHz radio system.
We are requesting permission to purchase three (3) controllers for remote simulcast for the 800
MHz sites in the amount of $5,000.00 each for a total of $15,000.00. This is needed for the
Westport site, Cloud Grove site, and one spare. Also, purchase two (2) console operation positions
to be used in the 911 Center in the amount of $6,000.00 each for a total of $12,000.00.
EQUIPMENT REQ#: 07-307
ACCOUNT#: 107003-2120-564000-200
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Public Safety - Emergency Mgmt
PREPARED DATE: 1/31/2007
AGENDA DATE: 2/13/2007
FROM: 107003-2120-546000-200
Equipment Maintenance
$27,000
REASON FOR BUDGET AMENDMENT: Public Safet has the 0
controllers for remote simulcast for the 800 MHz sites and
operation positions to be used in the 911 Center.
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
BA07 -038
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
Sunny Communications, Inc
17169 Cornerstone
Drive
Parker, CO 80134
Bill To
Invoice
Greg Bunting
S1. Lucie County Public Safety
101 N. Rock Rd.
Ft Pierce, FL 34945-3438
V oc 772-462-1902
Date P.O. No. Invoice #
1/30/2007 11379
Phone # Fax# E-mail Web Site
303 550-2277 303-593-1064 Sungelo@comcas1.net sunnycommunications.com
Item Description Qty Rate Amount
Motorola Controle... Motorola Controller T5292 3 5,000.00 15,000.00T
Motorola Elite Co... Motorola Gold Elite Console 2 6,000.00 12,000.00T
EIN# 84-1566253 I Subtotal $27,000.00
Sales Tax (0.0%) $0.00
Total $27,000.00
Payments/Cred its $0.00
Balance Due $27,000.00
---.-
.
AGENDA REOUEST
ITEM NO. C3c
DATE: February 13, 2007
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMmED BY(DEPT): PUBLIC SAFETY
PRESENTED BY:
JACK T. SOUTHARD
PUBLIC SAFETY DIRECTOR
SUBJECT: Professional Services Agreement with the Treasure Coast Regional Planning Council -
The Provision of Incident Command System and Response to Terrorism Training
BACKGROUND:
See Attached memorandum
FUNDS WILL BE AVAILABLE:
()01420~2510~534000~200 Domestic Security
Federally Funded Sub-Grant Agreement
PREVIOUS ACTION:
RECOMMEN DATION:
Staff recommends that the Board of County Commissioners approve
The Professional Services Agreement with the Treasure Coast Regional Planning
Council.
CO~MISSION ACTION:
~] APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
C
Do las Anderson
County Administrator
~riginating Dept.
Purchasing:
"
~/county Attorney:
Other:
Copy only, if applicable)
Eft. 5/96
St. Lucie County
Department of .Pub~ic Safety
Division of B:mergency Management
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Jack T. Southard, Public Safety
Directlfj]J
DATE:
January 29, 2007
REF:
Professional Services Agreement with the Treasure Coast
Regional Planning Council for the Provision of Incident
Command System and Response to Terrorism Training
The purpose of this agreement is to provide the basis under which the
County and the Council agree to cooperate in the provision of
Incident Command System (rCS) and Response to Terrorism Training to
the mission critical agencies of law enforcement, fire rescue,
emergency medical services, public works, emergency management and
various other agencies within the County and the municipalities in
the County
Attached to this memorandum is a copy of a proposed Professional Services
Agreement between the County and the Treasure Coast Regional Planning
Council wherein the County would agree to pay $40,750.00 funded by the
Domestic Security Federally Funded Sub-Grant Agreement, to perform the
work set out in the agreement
Therefore, staff recommends the Board of County Commissioners approve
the Professional Services Agreement.
JTS/mgp
St. Lucie County
Department of Public Safety
Division ofEDlergency ~~nagement
_;..~.'~~~m{¡:i-;~j.
.
.. .'
...... c.". ','. __., ".__ ...... "._.._.',0'.. ·..T"~ _.....
>
.~
From:
Charles T. Christopher, Emergency Management Co
To:
Daniel McIntrye, County Attorney
Date:
January 18, 2007
Ref:
Treasure Coast Regional Planning Council for the
Provision of Incident Command System and Response to Terrorism
Training
Attached for your review and comments is the Professional Services Agreement·
between St. Lucie County and The Treasure Coast Regional Planning Council for
the Provision of Incident Command System and Response to Terrorism Training.
Please note this agreement is in the same context as the previous Treasure Coast
Regional Planning Council Agreement which was accepted and approved by the
Board of County Commissioners on August 1, 2006.
This agreement will allow St. Lucie County to meet the requirements specified in the
Department of Community AtTairs, Division of Emergency Management State
Homeland Security Grant as approved by the Board of County Commissioners on
October 10, 2006.
The purpose of this agreement is to provide the basis under which the County and
the Council agree to cooperate in the provision of Incident Command System (lCS)
and Response to Terrorism Training to the mission critical agencies of law
enforcement, fire rescue, emergency medical services, public works, emergency
management and various other agencies within the County and tbe municipalities in
the County.
CTC/mgp
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Please feel free to contact this office, should you have any questions.
PROFESSIONAL SERVICES AGREKMENT
BETWEEN
ST. LUCIE COUNTY
AND
THE TREASURE COAST REGIONAL PLANNING COUNCIL
FOR
THE PROVISION OF INCIDENT COMMAND SYSTEM AND
RESPONSE TO TERRORISM TRAINING
This agreement entered into on the date specified herein by and between St. Lucie
County, Florida, hereinafter referred to as the "County" and the Treasure Coast Regional
Planning Council (TCRPC), hereinafter referred to as the "Council" sets forth the specific
work to be perfonned by the Council to provide training and coordination support for the
County. The purpose of this Contract Agreement is to provide the basis under which the
County and Council agree to cooperate in the provision of Incident Command System
(rCS) and Response to Terrorism Training to the mission critical agencies of law
enforéement, fire rescue, emergency medical services, public works, emergency
management and various other agencies within the County and the municipalities in the
County .
WHEREAS, Council is authorized in the Florida Statutes to provide technical assistance
to local governments in the Tre-asure Coast Region.
WHEREAS, It is hereby declared to be in the public interest and the purpose of this
Professional Services Agreement that the County' and the Council jointly pledge their
intention to cooperatively coordinate, facilitate and provide the instructors, classroom
location and student materials required to conduct Intennediate and Advanced rcs
classes and a series of Emergency Response to Terrorism classes in compliance with state
and federal regulations.
NOW THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Specific areas of agreement to coordinate respective activities are as follows:
ARTICLE 1
SCOPE OF SERVICES
The Council shall furnish' the necessary instructor(s), materials, and facilities (except as
otherwise provided herein) and shall do all things necessary for or incident to the
perfonnance of work and services set forth in this Agreement and in the Scope of
Services attached hereto and incorporated by reference as Attachment A of this
Agreement. .
The Agreement shall begin on the last day of signing and shall end on March 6, 2007.
The Agreement shall be extended without further action if the Agreement between the
County and the Florida Department of Community Affairs (DCA), Division of
Emergency Management is extended. The Council shall provide all staff services to the
County for the provision of training as identified in Attachment A and made part of this
agreement. The Council shall be bound by the Agreement with the County and
St. Lucie County
Office of Domestic Security Trairllng
1
requirements specified in the DCAJDEM, 2005 State Homeland Security Grant Program
(SHSGP) Grant.
Council shall commence and complete the project with all practical dispatch and in
accordance with the provisions herein.
ARTICLE II
COMPENSATION AND METHOD OF PAYMENT
Compensation to Council shall be an amount of$ 40,750.00
The County will pay compensation at the end the Agreement period based on completion
of activities identified in the Scope of Work (Attachment A); the submission of all
deliverables listed therein within the scheduled time frame; and a determination by the
County that the submittal has satisfactorily completed the pertinent activities and
deliverables. The Council will be paid 100% of the total contract amount at the
conclusion of the Agreement. Request payment procedures for this Agreement are
provided in Attachment B, and an invoice shall be initiated by Council following the
completion of all classes listed in Attachment A.
ARTICLE III
INDEPENDENT CONTRACTOR
The Council shall perform and render such work as an independent contractor and not as
an agent, representative or employee of the County. Such work shall be performed in a
professional manner, satisfactory to the County.
ARTICLE IV
CONTROLLING LAW I LIABILITY
This Agreement is to be governed by the laws of the State of Florida. The Council will
hold harmless St. Lucie County against all claims of whatever nature arising out of the
Council's performance of work under this Agreement to the extent allowed and required
by law. The Countÿ shall hold Council harmless against all claims of whatever nature
arising out of the performance of work under this Agreement to the extent allowed and
required by law.
ARTICLE V
TERMINATION
This Agreement may be terminated for reason by either the County or the Council. In the
event of termination, the Council shall be paid for services performed. Without waiving
their rights to terminate this Agreement, the County may delay, withhold or adjust
payments under this Agreement and the Council may delay or withhold its services, in an
attempt by each party to give the other party an opportunity to fulfill its obligations or to
correct any violation ofthis Agreement.
St Lucie County
Office of Domestic Security Training
2
ARTICLE VI
ASSIGNS & THIRD PARTY CONTRACTS
The Council and the County each binds itself and its partners, successors, executors,
administrators, assigns and legal representative of such party, in respect to all covenants
and obligations of this Agreement. Nothing herein shall be construed to give any rights
hereunder to anyone other than the Council and the County.
Except as otherwise authorizèd by the County, the Council shall not execute any contract
or obligate itself in any other manner with any third party with respect to the project. It is
understood and agreed to that no supplemental agreement of any nature may be entered
into by the parties hereto with regard to the work to be performed hereunder without the
concurrence of the County and Council, anything to the contrary in this Agreement
notwithstanding.
ARTICLE VII
REPORTING REQUIREMENTS AND REIMBURSEMENTS
A final report shall be submitted for the training conducted within the County in
accordance with this Agreement and Section VII, Reporting Schedule, of this Scope of
Work.
ARTICLE VIII
ADDITIONAL CONSIDERATIONS
It is not the intent of this Agreement to specify all areas that can or should be effectively
coordinated. This Agreement will serve as documentation of minimum compliance with
the above sections and more generally to serve as a joint pledge of cooperation realizing
the mutual benefit to be derived for effectuating a close and realistic working
relationship.
ARTICLE IX
AUDIT AND INSPECTION
The Council shall permit the County to inspect all work, payrolls, records, invoices, and
other relevant data; and to audit the books, records and accounts of the Council pertaining
to the development of the project. Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request.
ARTICLE X
NONDISCRIMINATION
The Council shall comply with federal regulations relative to non-discrimination in
federally assisted programs. The Council will not discriminate on the grounds of race,
color, religion, sex or national origin.
St. Lucie County
Office of Domestic Security Training
3
CONTRACT SIGNATURES AND DATE
This agreement and its referenced attachments constitute all the terms and conditions
agreed upon by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
date written below.
FOR THE COUNTY:
FOR THE COUNCIL:
BY:
Authorized County Official
TREASURE COAST
REGIONAL PLANNING COUNCIL
BY:~
ST. LUCIE COUNTY
Michael J. Busha
tv\. \ (.,"'-Cv-è- \ 3. ß\J..S\-. D...
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Name/Title
NameITitle
Date
\... \ Î\"- 0'\
Date
Witness
~~~~
Witness
St. Lucie County
Office of Domestic Security Training
4
ATTACHMENT A
SCOPE OF WORK
The Treasure Coast Regional Planning Council (Council) will provide the following
services to St. Lucie County (County) to meet the requirements of the State Homeland
Security Grants Programs for Fiscal year 2005. Expenditure of these funds was extended
by the Florida Department of Community Affairs, Division of Emergency Management
and the completion of these classes will conclude and close-out the 2005 grant.
This is a Professional Services Agreement between the County and the Council. The
intent is for the Council to complete the Scope of Wark required under the original
County Contract with the State. In all cases where this Agreement is inconsistent with the
Scope of Work with the County/State Contract, the County/State contract shall
controlling.
PURPOSE
To provide all-discipline training far the needs of St. Lucie County emergency
management and emergency service personnel. These training classes will facilitate
County use by functions, processes or agencies of St. Lucie County that will help
maintain protection of life and property and to ensure the execution of the County's
mission of response and recovery in the event of a disaster.
I. WORK PRODUCTS
The Council shall provide a concluding report on the training offered as well as copies of
rosters, training agendas and number of students trained per component with class names
and levels to the St. Lucie County Division of Emergency Management for distribution to
appropriate agencies/departments. The Council is responsible for submitting required
attendance forms to the State Division of Emergency Management.
II. COOPERATION
The following individuals shall be the primary contact persons under this Agreement:
St. Lucie County
Mr. Charles Christopher
Emergency Management Coordinator
St. Lucie County Emergency Management
101 N. Rock Road
Fort Pierce, Florida 34945
(772) 461-5201
E-mail: charlesc@stlucieco.gov
St. Lucie County
Office of Domestic Security Training
5
Treasure Coast Regional Planning Council
Ms. Kathryn E. Boer
Emergency Programs Coordinator
Treasure Coast Regional Planning Council
301 East Ocean Blvd., Suite 300
Stuart, Florida 34994
(772) 221-4060
E-mail: kboer@tcrpc.org
III. ALL DISCIPLINE TRAINING: FACILITATION, COORDINATION AND
PROVISION
Training will be coordinated by the Council and will be accomplished with funds
provided from the 2005 State Homeland Security Grant Program (SHSGP) to the
St. Lucie County Department of Emergency Management. Copies of rosters,
training agendas and number of students trained per component with class names
and levels will be provided to the St. Lucie County Division of Emergency
Management for distribution to appropriate agencies/departments. The Council is
responsible for submitting required attendance forms to the State Division of
Emergency Management. St. Lucie County Emergency Management will submit
the final invoice and applicable paperwork to the State Division of Emergency
Management.
A. Disciplines selected for training may include the following:
· Law Enforcement
· Fire/Rescue
· Emergency Medical Services (EMS)
· Emergency Management
· Public Safety Communications (911)
· Public Works
B. The types of training to be conducted include the following:
· Intermediate Incident Command Systems (ICS) G-300
· Advanced Incident Command Systems (ICS) G-400
· Emergency Response to Terrorism - Basic Concepts
· Law Enforcement Response to Weapons of Mass Destruction
· Emergency Response to Terrorism - Emergency Medical Services
· Emergency Response to Terrorism - Hazardous Materials
C. Eligible costs related to the Council's execution of training programs will
include the following:
· Travel/per diem
· Training materials/supplies
· Instructor'fees
· Rental of space/locations
· Other eligible expenses
St. Lucie County
Office of Domestic Security Training
6
Training classes are scheduled as follows:
Emergency Response to Terrorism - Basic Concepts
Law Enforcement Response to Weapons of Mass Destruction
Emergency Response to Terrorism - Emergency Medical Services
Emergency Response to Terrorism - Hazardous Materials
res G-300 Intermediate Incident Command System
res G-300 Intermediate Incident Command System
res G-400 Advanced Incident Command System
res G-400 Advanced Incident Command System
St. Lucie County
Office of Domestic Security Training
January 29 -30, 2007
February 5-6, 2007
February 6-7, 2007
March 5-6,2007
January 31-February 2, 2007
February 5-7, 2007
February 21-23, 2007
February 26-28, 2007
7
-
ATTACHMENT B
REPORTING SCHEDULE
This is a Professional Services Agreement between St. Lucie County (County) and the
Treasure Coast Regional Planning Council (Council). The intent is for the Council to
complete the Scope of Wark required under the original County Contract with the State.
In all cases where this contract is inconsistent with the Scope of Work with the
County/State Contract, the County/State contract shall be controlling.
A. Final Report: The final report will be submitted to the St. Lucie County Division of
Emergency Management and will include copies of training agendas, number of
students trained per class, class names and levels as well as rosters and copies of the
Attendance at Federal Sponsored Training Reporting Form required per class to be
submitted to the Florida Division of Emergency Management in compliance with the
State Homeland Security Grant Program. This report is due no later than thirty (30)
days after the completion of the training.
B. Payment Procedures: The fInal report will be accompanied by an invoice pursuant to
Article II of the Professional Services Agreement.
St. Lucie County
Office of Domestic Security Training
8
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AGENDA REOUEST
ITEM NO. C3d
DATE: ÆBRUARY 13, 2007
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMmED BY(DEPT): PUBLIC SAFETY
JACK T. SOUTHARD
PUBLIC SAFETY DIRECTOR
SUBJECT: Heartstart FRx Defibrillator- Approve Budget Amendment #BA07-037 and Equipment
Request #EQ07-306 in the amount of $1,290.00.
BACKGROVND:
Public Safety is in need of a new HeartStart Defibrillator for the Emergency
Deployable Interoperable Communications System (EDICS) trailer.
FUNDS WILL BE AVAILABLE:
001418-2510-564000-200 (Equipment)
Emergency Management Preparedness and Assistance Trust Fund
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
Budget Amendment #BA07-037 and Equipment Request #EQ07-306 In the
amount of $1,290.00.
COMMISSION ACTION:
~ APPROVED [] DENIED
[ ] OTHER:
Dou sAnderson
County Administrator
Approved 4-0
Comm. Grande Absent
rC0unty Attorney:
~priginating Dept.
Finance: (Check
Review and ADprovals v'1\fn
-Management & BUd~m:.."-' I
Other:
.-purchasing: ~ -
Other:
Eff. 5/96
..
': "~i. ;-:": ;;. :', ) I:' ! ";''"''- - - <';.
.
.. ..
" .... ... "'"'"'..."
St:. Lucie Count:y
Depart:ment: of Public Sa£et:y
Division of EmergenC}1' Management:
MEMORANDUM
DATE:
Board of County Commissioners
Jack T. Southard, Public Safety Director~
January 29, 2007
TO:
FROM :
REF:
Beartstart FRx Defibrillator
The Emergency Deployable Interoperable Communications System (EDICS)
trailer is in need of a Defibrillator.
Therefore, staff recommends the Board of County Commissioners approve
Budget amendment#07-037 and Equipment Request #EQ07-306 in the amount
of $1,290.00.
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BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Public Safety - Emergency Mgmt
PREPARED DATE: 1/29/2007
AGENDA DATE: 2/13/2007
FROM: 001418-2510-551200-200
Equipment < $1000
$1 ,290
REASON FOR BUDGET AMENDMENT: Purchase new Heartstart Defibrillator for EDICS trailer.
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
N/A
N/A
N/A
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
c@'
. )
BA07 -037
Wed, 17 Jan 2007 11:37:48 -0500
17724521774
Page 1 of 3
I
PHILIPS
QUOTA11ON DATE QUOTE NUMBER PAGE
01/1712007 20261174 1/ 3
Philips Medical Systems
Attn: Sales O~rations
2301 5th Ave, Suite 200
Seattle, WA 98121
Fax i 206-664-2000
Tel # 800-263-3342
LAST UPDATED TIME
01/1712007 11:18:53
EXPIRATION DATE INCOTERMS
0311712007 FOB DESTINATION
PAYMENT TERMS
\Nithin 30 Days Due Net
!::lIhiør.t i'o.. ..
FORMAL QUOTE
. .
QUOTE CONTACT
Alex Poulin
+ 1-800-263-3342 X8403
CUSTOMER:
St Lucie Public Safety Department
2300 Virginia Ave
Fort Pierce FL 34982-5632
Mary Padrick
Phone: 772-462-1771 Fax: 772-462-1774
Customer Number: 94142676
SALES REPRESENTATIVE
Dennis Matarese Phone:561-31 0-9423
Fax:561-624-2462
SPECIAL COMMENTS:
Please reference quote number on purchase order, or sign
the bottom of the quote and fax back to 1·800-323-5574. If
you have any questions concerning this Quote please
contact your rep listed on the quote or Alex Poulin at
1-800-263-3342 x8403.
ITEM PRODUCT DESCRIPTION QTY UOM UNIT-AMT AMOUNT(USD)
10 HeartStart FRx 1PCE 1,895.00 1,895.00
861304 Defibrillator
Agreement Discount 39.3% 745.00-
Prioefor item 10 1,150.00
Agreement #MH391
20 M507()\ HS1 Battery Pack 1PCE
989803121361
PCE 0.00 0.00
Price for item 20 0.00
Agreement #MH391
30 989803 InfantlChild Key, FRx 1PCE
989S03139311 Defibrillator
PCE 0.00 0.00
Price for item 30 0.00
Agreement #MH391
40 989803 Carrying Case. FRx 1PCE
989803139251 DefiDrillator
PCE OJ)O 0.00
Price for item 40 0.00
Agreement #MH391
I
PHILIPS
Philips Medical Systems
Attn: Sales Op¡;Jrations
2301 5th Ave, Suite 200
seattle, WA 98121
Fax #. 206-ô64-2000
Tel # 800-263-3342
fTEM PRODUCT DESCRIPTION
50 989803 HeartStart SMART Pads 1\
989803139261
Price for item 50
Agreement #MH391
60 5-10100 Heartstream Pads to Zoll
989803100041 Adapter
Price for item 60
Agreement .MH391
70 YC Carrying Case, PlastiC
989803110251 Waterproof Shell
Agreement DiScount
Price for item 70
Agreement #MH391
Total Quotation List Price
Less All Applicable Discounts
Total Quotation Net Price
Medical Direction:
Dr Chichou Liu
2400 Rhode Island Ave
Ft Pierce, FL 34950
772-462-2311
Is your organization tax exempt? Yes [ 1 No [ 1
Page 2 of 3
QUOTATION DAlE QUOTE NUMBER PAGE
01/1712007 20261174 21 3
LAST UPDATED TIME
01/1712007 11:18:53
EXPIRATION DATE INCOTERMS
0311712007 FOB DESTINATION
PAYMENT TERMS
WIthin 30 Days Due Net
- ., . .
FORMAL QUOTE
nril'lin~1
QTY UoM UNIT-AMT AMOUNT(USD)
1PCE
PCE
1PCE
PCE
1PCE
If yes, please include a tax exemption certificate with your order. Tax
will be charged to the order if we do not receive the certificate,
000
000
0.00
0.00
0.00
0.00
200.00
200.00
30.0%
60,00-
140.00
2,09500
805.00-
1,290,00
Page 3 of 3
I
PHILIPS
QUOTATION DATE QUOTE NUMBER PAGE
01/1712007 20261174 31 3
Philips Medical Systems
Attn: Sales Opl3rations
2301 5th Ave, Suite 200
Seattle, WA 98121
Fax #. 206-ß64-2000
Tel # 800-263-3342
LAST UPDATED TIME
01/1712007 11:18:53
EXPIRATION DATE INCOTERMS
0311712007 FOB DESTINATION
PAYMENT TERMS
VVithin 30 Days Due Net
. . ,~rwlit
FORMAL QUOTE
nrìnin~1
ITEM PRODUCT
DESCRIPTION
QTY UoM
UNIT-AMT
AMOUNT(USD)
Signature:
Date
Print Name:
Phone:
Unl8S$ indicated directly, this quote is subject to Phllps Medical Systems North America Tenns 8. Conditions. except in the presence of a Purchase
Agreement DIscount Prices are tor USA end-useonly and Include standard PH~ Medical ~ North Amerlca ~rtatlon. Taxes If 8P.Pllceble
are not inclUded unlltM noled but will be lidded to !he invoice, The Purchll8e Orders needs 10 reference !he Quolel'bnbèr, StaternIll1I of Wofl( Projec
ID if IIPplicable, Md your Purchll8e ~reement.Plell8eindiœte your requested delivery ,.. ami IiiT preference to ~I and pay for partial
shIpments, If INs ~uole Includes Vah.ie-Added Servlces,1\'1CY !'I!ItLbe Involce~ separatel~.1f this e Indudes Professional Servrces, partlallnvoldn
will occur and seø8ratt Invoices will be sent Including applletbltTravel and fXP4Inses atcordlng the1erms spedfted In \he Statement of VVoI1<.
Svstem cabUng, If Included Is specified at the standard grade unless noted otherwise.
Tfii& quote speåficaUy exd'ud. Licensing & Permit Fees, Pl1MIiling wage Comp«1SBtia'I and Union Labor.
-
--~. . - ,~ .- . -
AGENDA REOUEST
ITEM NO. C3e
DATE: ÆBRUARY 13,2007
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X ]
SUBMmED BY(DEPT): PUBLIC SAFETY
PRESENTED BY:
JACK T. SOUTHARD
PUBLIC SAFETY DIRECTOR
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: MSAT-G2 Satellite Telephone/2-way Radio - Approve Budget Amendment #BA07-040
and Equipmènt Request #EQ07-308 in the amount of $6,690.00.
BACKGROUND:
Public Safety is in need of a new MSAT-G2 Satellite Telephone/2-way Radio for
the Emergency Operation Center.
FUNDS WILL BE AVAILABLE:
001418-2510-564000-200 (Equipment)
Emergency Management Preparedness and Assistance Trust Fund
PREVIOUS ACTIQN:
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
Budget Amendment #BA07-040 and Equipment Request #EQ07-308 in the
amount of $6,690.00.
Approved 4-0
Comm. Grande Absent
ou as Anderson
County Administrator
COMMISSION ACTION:
[~APPROVED [ ] DENIED
r 1 OTHER:
Finance: (Check f
Review and A
-'v Purchasing :
#
/CCounty Attorney:
/Managernent & Budet ~
Originating Dept.
other:
Other:
Eff. 5/96
st. Lucie County
Depart:mant of Pub~ic Safety
Division of Emergency Management
MEMORANDUM
TO: Board of County Commissioners
FROM: Jack T. Southard, Public Safety Director
DATE: January 29, 2007
REF: MSAT-G2 Satellite Telephone/2-way Radio
The Emergency Operation Center is in need of a Satellite Telephone/2-
way Radio to provide wireless emergency communication with the State
of Florida, other counties and mobile units during real time
emergencies.
Therefore, staff recommends the Board of County Commissioners approve
Budget Amendment#07-040 and Equipment Request #EQ07-308 in the amount
of $6,690.00.
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BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Public Safety - Emergency Mgmt
PREPARED DATE: 1/30/2007
AGENDA DATE: 2/13/2007
FROM: 001418-2510-544100-200
Equipment Rental
$6,690
REASON FOR BUDGET AMENDMENT: The Emer enc 0 eration Center is in need of a Satellite
Telphone/2-wa Radio to provide wireless emer enc communication with the State of Florida,
other counties and mobile units during real time emer encies.
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
N/A
N/A
N/A
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
~)
BA07-040
" ,
. ,
SkyBase Communications X
1 June 2006
Satellite Equipment Sole Source
(The proposed SkyBase G2 M-Sat eq uipment that is currently proposed to
you is SkyBase communications (formerly the satellite division of Liberty
Communications) design. We use G2 Components that we custom build
into hard or soft case packages that are capable of using a conventional
mobile repeater link option that allows the customer to use the satellite
system with their own conventional radio system. Uhf, Vhf, or 800 mgz.
These units are the exact same configuration that are being used by 61 of
67 counties in Florida and all of the Florida state agencies with emergency
operation departments. No one else has built a package like SkyBase.
We have been doing this as long as the M-Sat satellite has been in orbit.
I
We have developed an emergency communications network in Florida and
are now expanding to other agencies and other states. The only way your
agency will be able to access the 7 regional talk groups including your area
6 group. Florida's Sate Warning Point and other key agencies such as the
Fl. Hwy Patrol, FDLE, Dept. of Health and etc. is to have units M-Sat units
on the SkyBase M-Sat Florida Emergency Network. The design of this
Satellite package truly makes it sole Source.
We have sold these packages under Sole Source to the Fl. Dept of
Emergency Management. Fl. Department Health. Florida National Guard,
Florida Department of Transportation. The Center for Disease Control
Atlanta Ga., FBI, FI. Power and Light, FEMA, and Homeland Security. We
have also installed them in every Hospital, Military installation, and
Emergency Management operation in the state of Connecticut and are
currently working with 5 other states to do the same. These are just a few
of our customers.
Thanks,
Doug Myers
SkyBase Communications
2419 Fleischmann Rd. Suite 4
Tallahassee,FI.
850-383-8050
·J
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Sky Base Communications
Satellite '. Wireless· IP Communications Solutions
2419 FleiscbmannRd., Suite 4 - Tallahassee, FL 32308 - 850.383.8050
Quotation
Custome Contact: Greg Bunting
Entity Name St. Lucie County Communications
Address: Ft. Pierce, FI.
Date:
Quote #:
11/21/2006
11,216,101.00
City, State, ZIP:
Email:
$
Sales Rep: Doug Myers
Email: doug@skybasecommunications.com
Direct Phone 850-383-8050
FEID 20-2156045
1 1
SKG2BS
Line Extended Delivery
Item Qtv Part Number Descnptian Umt Price Price Notes
$6,690
$
6,690 Installation Quoted
Seperately. Site Survey
2
3
<
4
5
6
7
8
9
MSAT-G2 Satellite Telephonef2-Way Radio Configured
for Base Station (In-Facility) Application
MSAT-GT Components include: MSATG2 Transceiver
Unit, Multipurpose Handset PhonefMic, Power Cable,
Handset Cable, low Profile Antenna.
"SkyBase Added features (included in base price)
$
-
$
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$
-
.'
$
INSTALLATION NOTE: The antenna is mounted on the Estimate $2,500
roof of a facility with Southern exposure. If roof grounding
systems are available, it is grounded to that system, A
single Coaxial cable runs from the antenna to an
environmentally controlled room within 150' of the antenn
Cat5 or Cat6 cables run into the facility to the room where
the customer wants the communications handset. The Cat5
run can be up to 1,000 feet, according to Mobile Satellite
Ventures. SkyBase recommends CatS runs of no more than
500 feet if at all nossible.
Warranty: Equipment and Installation are guaranteed for
year, parts and labor. Travel not included.
MßAT:$.~t~mt~:$.~æ¡~~r~~q¡r:~~:thi~ :~µ~fQ!i1~hf~ :~1g~:~J4~ =.
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~.,¡¡;:wz.~
Shipping and Handling not Included
Quote Tota
$ ~EM9¡¡'i ~~;IÌ1S!3I1ª-liÞlúd
Send Purchase Order to:
SkyBase Communications
2419 Fleischmann Road, #4
T",II::I.h-:oC"C",:.." t:,...~;ri", "t?':I:n.~
Þaoe
Quotation valid for Thirtv Davs.
11EM NO. C3F
DATE: Feb. 13,2007
~
...
AGENDA REQUEST
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT (X)
PRESENTED BY:
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): Public Safety
Jack T Southard
Public Safety Director
SUBJECT: State of Florida, Domestic Security Federally Funded Sub-grant Agreement # 07DS-5N-01-
66-01-336 - approve Budget Resolution # 07-064 in the amount of $41,944.00.
BACKGROUND: The State of Florida Domestic Security Federally Funded Sub-grant is for local planning,
exercise, and training for homeland security.
FUNDS AVAILABLE:
Funds will be available through 001185-2510-331233-200
This grant does not require a local match.
PREVIOUS ACTION: On October 10, 2006, the Board of County Commissioners approved the grant
agreement with the State of Florida and authorized the Chairman to sign.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Resolution #
07-064 in the amount of $41,944.00 to recognize funds that were not anticipated during the adoping ofthe
2006-2007 budget.
<>}---
ugl~ Anderson
Coun1¥ Administrator
COMMISSION ACTION:
r~PPROVED DENIED
OTHER:
Approved 4-0
Comm. Grande Absent
J
Review and Approvals
"
Management and BUdge~ Þ1 f1'1q
Purchasing:
County Attorney:
Other:
Finance: Check r copy only, if applicable: ¡
Other:
~- -';;;. .. j-: -:. ?'
COUNTY'.
FLORIDA -
"'-.-. ........,.,..-..,'...,.... .,.....
St. Lucie Couaty
Department of Pub~ic Safety
Division of Emergency Management
MEMORANDUM
TO: Board of County Commissioners
rRCM: Jack T. Southard, Public Safety Directo~
DATE: February 1, 2006
REF: state of Florida Domestic Security Federally Funded Sub-grant
Agreement #07DS-5N~10-66-o1~336
The Purpose of the State of Florida Domestic Security Federally funded
Sub-grant is for local planning, exercise and training for homeland
security.
On October 10, 2006, the Board of County Commissioners approved the
State of Florida Domestic Security Grant Agreement and authorized the
Chairman to sign.
Therefore, staff recommends the Board of County Commissioners approve
Budget Resolution #07-064 in the amount of $41,944.00 and authorize the
Chairman to sign.
JTS/mgp
RESOLUTION NO. 07-064
WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for
S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from the Florida Department of Community Affairs through a Federally Funded Subgrant in the amount of
$41,944 as funding to develop and implement homeland security support programs and adopt Department of
Homeland Security national initiatives.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County,
Florida, in meeting assembled this 13th day of February 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
001185-2510-331233-200
APPROPRIATIONS
001185-2510-554200-200
001185-2510-540000-200
Dept of Homeland Security
$41,944
Training & Education
Travel -
$39,944
$ 2,000
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 13TH DAY OF FEBRUARY 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
i
, ~
"
COG-fO ~ 117
òot)
~
Contract Number: 07DS-SN-10-66-01-336
CFDA Number: 97.067
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
St. Lucie County Emergency Management, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin July 1, 2006 and shall end January 31, 2008, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
·
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost
Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Division 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 Division
designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date
the audit report is issued, unless extended in writing by the Division the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing of title.
2
'I
.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation of
all program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department of Community Affairs and/or the
Division with the records, reports or financial statements upon request for the purposes of auditing and
monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
3
· ¡
established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements
of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMS Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
aurilla. parrish@dca.state.fl.us
and
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-21 00
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMS 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
4
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
aurilla. parrish@dca.state.fl.us
and
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department and the Division pursuant to this Agreement shall be submitted timely in accordance with
OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department and the
Division 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.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Division of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department or the Division has
notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
5
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department and the Division no later than seven (7) months
from the end of the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with
a close-out report. These reports shall include the current status and progress by the Recipient and all
subrecipients and subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 30 days after
the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 31, June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Division or are
not completed in a manner acceptable to the Division, the Division may withhold further payments until
they are completed or may take such other action as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The Recipient shall provide such additional program updates, reports or information
as may be required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved. Such
6
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Division 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 Comptroller or Auditor General.
In addition, the Division will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
7
'j
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default without thereby
waiving the right to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Division shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (13) herein;
8
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Division of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder,
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
9
(b) The Division may terminate this Agreement when it determines, in its sole discretion,
that the continuation of the Agreement would not produce beneficial results commensurate with the
further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for
purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is
determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Division of Emergency Management
Finance and Logistics, Grants Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1271
Fax: (850) 488-7842
Email: carolvn.washinqton@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is: It. LucIe Ca.1'ubIc Safety
av. 01 Emergency Management
101 No.lldhAà bJd
.-fcxtJljeR;e.FL 3.4946'~ \ 0'" \,_.t ~ r-
~('k.. \. ~)l..\.:\-hC\.\C\ \--'~0J\\c. ~~\y LJ)~..
Telephone:'-" d·L\1.oë;)-\'\1\
Fax: or-¡ \ ;.) - L\G, d. - \ '\ 'l. Ü¡
Emai~J'\..S@'==>·\-\ UCJ e.C-o SOl
10
"
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the
subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the quarterly report submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shallbe controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Warranties and Representations
11
Attachment E - Certification Regarding Debarment
Attachment F - Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $41,944
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment C.
Attachment C will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
1.
/
No advance payment is requested.
2.
An advance payment of $
is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting
or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make
any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (30) days of receipt of notice from the Division.
12
"
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs" and mailed directly to the Department at the
following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to
Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Division request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and
with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
13
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be
deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
14
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And VolUntary Exclusion"
(Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering into a contract with any
prospective subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
U) I f otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents, papers, letters or other material subject to the
15
provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this
Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
16
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
17
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Division for a determination whether patent protection will be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under this Agreement are hereby
transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights
which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment F.
18
, .
IN WITNESS WHEREOF, the parties hereto ¡lave caused tlìis contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT: ST. LUCIE COUNTY EMERGENCY MANAGEMENT
'l mM
SAMAS # FID# !J'~),~~" j~ "~
I~Ç~~CÇ~~~:~:\\
1.1.. \ ,\. \",
STATE OF FLORIDA . f~~ r:\7j \j¡ g~'
DIVISION OF EMERGENCY MANAGEMENT \~\} <·:.r~~= // ~~.., .
.).......----- "',"
'" ,\\1-e,S-
,-' II,", ylt", , ,r,"
~ 1~'I.c:::;
-' . ;,;:>
BY:
Name and Title: W. CraiQ FUQate. Director of the Division of Emerqency ManaQement
Date I~ b '-4>
19
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) -
CFDA #97.067
$41,944
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and
Training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with
the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements or will be in violation with the
terms of the agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the recipient to comply with the requirements of
applicabie provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the
language may state that the recipient must comply with a specific law(s), rule (s), or regulation(s) that
pertains to how the awarded resources must be used or how eligibility determinations are to be made.
The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient.
20
Attachment A
Proposed Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
"Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
..
..
'*
No more than 3% of the total award may be expended on Management and Administration costs by the Recipient.
At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed
Program Budget") may be put towards Programmatic costs instead.
The transfer of funds between planning, training, exercises and management & administration is permitted, for this
contract only, whereas management & administration costs do not exceed 3% of the Recipient's total award.
State Homeland Security Grant
Program - Issue 06
St. Lucie County
Emergency
Management
Planning
Training
Exercises
$40,723
59a Management and Administration
(the dollar amount which corresponds to 3% of the
total local agency allocation is shown in the column
on the right. (Only 3% of line 59a can be allocated
for each line item)
$1,221
.
~~_~&'~~~~~[~~rrF'~~~~~~_fJ?~~~"{D't?~~;þ~~~~~<~~~
g0lk£:;*WJjf;¿+';T8}¡WW~~M'1~'" ,,,fg}J:ifJ,,.,,,,? ,. i';k t;,'(,vJi: ;:;*~0~ l'khiCt"'~;> 'p'" ~ 1 \>,," '('« If " /:'-, 01i' ) Vt>k" , y kt3;;:;£:till9f¥;_&&<y"'¡¡ij;,,,)~_ ~ 't,
A"h<""''1,?tt ,"-.s:;",,!-\,;;~t,,y,,~:0~~ I ffr;"<~~1~--I ~~t "'':* l~q~::.",A1ì>.,,- )~,-"":t,~~ ,.,"'¡~,>>>"'~ >~''f', -, ~ ~f:-;:'.... 'C...~~x;:'tJf<",,~,'"'i$ì..:<-,;¡:,.¡é>{t
^'f7("":;,..,.,,,,,,..·, ="fi'"",x,''''''f¡''''¡,>~;~ä1i¡~ m \~<'1'"""",."~*t':S' 4"~~'ffjz,.,t?t~J' ~3k"')i»'~" '" C<, ;,~/L',~ '" ;J~~--. N
"* ;1$ ';~l~v .." ~;t,,~~~ 4 <}~~~ ,,~ ;' , ël~1i::\ tf "Ä- ~t.' ~" t 'V~1" 5F:" 0)'; ~f:;'ftç r ?T::- .',. ~ :æ ~\ "1U ç~ 0 >$' 'k;; ~' t ~,;~,,~; ,;¿;~ 1 "\, <!" '< ~ :~~ I iKt:::,,, ~~"~~,~'~¿:"~4
x''ó('( tF~ ",I¡;",~ J ",' 'J. <::>;."j ~ f.' $" ~~~ 'it"^$v t ~ ,;',' tf'{<-". ~ ~f ,.~%:~, <1;<';~ ~ f y ,>;<~ " ~ '" ~"k'" "" <¡ ~",< »A^~ "4 pI? ~ ~d;:;h '1-" " ~",:>;J~ ',,'" ,n~2¿¡~> ov~J":~
';¡¡~Æ'0,¡;¡,'J" _, '_¡~M)"'$ff&",ji ",dç?tA\'\;%¡..i'jj¡,i; >c' (~__ 't! ¡g¡¡¡~~""~¡:'."-~LL"~ M"'" -. 'N\¥ ,- .¡íit- .,~ . ,-%'*",-.,,_œ¡/!i';) dJÍ'A "",_.:1""",, ",:j¡¡,r0,_,¡¡¡;;"'í,
21
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award
for issue 06 as described in the "Proposed Program Budget".
If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract
manager listed in this contract via email or letter.
Budget Detail Worksheet #06 - Eligible Activities
----~1IB1I
Public Education/Outreach
Develop and implement homeland security support programs and adopt
ongoing DHS national initiatives
Develop and enhance plans and protocols
1
$17,734.18
$17,734.18
Develop or conduct assessments
Establish, enhance, or evaluate Citizen Corps-related volunteer
programs
Hiring of full or part-time staff or contractors/consultants to assist with
planning activities (not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs - Payment of overtime expenses will be
for work performed by award (SM) or sub-award employees in excess
of the established work week (usually 40 hours) related to the planning
activities for the development and implementation of the programs under
HSGP.
Overtime and backfill funding for emergency preparedness and response
personnel attending G&T-sponsored and approved training classes.
Grantees may also use G& T grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
participatin in G&T trainin .
Training Workshops and Conferences - Grant funds may be used to
plan and conduct training workshops or conferences to include costs
related to planning, meeting space and other meeting costs, facilitation
costs, materials and supplies, travel, and training plan development.
Full or Part-Time Staff or Contractors/Consultants - Full or part-time
staff may be hired to support training-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unit(s) of government and have the approval of the
state or the awarding agency, whichever is applicable. The services of
contractors/consultants may also be procured by the state in the design,
development, conduct, and evaluation of CBRNE training. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) must be followed.
1
$2,000.00
$2,000.00
22
Travel - Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the training project(s) or
for attending OGT-sponsored courses. These costs must be in
accordance with state law as highlighted in the OJP Financia/ Guide.
States must also follow state regulations regarding travel. If a state or
territory does not have a travel policy they must follow federal guidelines
and rates, as explained in the OJP Financia/ Guide. For
further information on federal law pertaining to travel costs please refer
to http://www.ojp.usdoj.gov/FinGuide.
Supplies - Supplies are items that are expended or consumed during
the course of the planning and conduct of the training project(s) (e.g"
copying paper, gloves, tape, and non-sterile masks).
other Items - These costs include the rental of space/locations for
planning and conducting training, badges, etc.
Exercise Planning Workshop - Grant funds may be used to plan and
conduct an Exercise Planning Workshop to include costs related to
planning, meeting space and other meeting costs, facilitation costs,
materials and supplies, travel and exercise plan development
Full or Part-Time Staff or Contractors/Consultants - Full or part-time
staff may be hired to support exercise-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unites) of government and have the approval of the
state or the awarding agency, whichever is applicable. The seNices of
contractors/consultants may also be procured to support the design,
development, conduct and evaluation of CBRNE exercises, The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) must be followed.
Overtime and backfill costs - Overtime and backfill costs associated
with the design, development and conduct of CBRNE exercises are
allowable expenses,
1
$21,000.00
$21,000.00
Grantees may also use G& T grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
participating in G&T exercises.
Travel - Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the exercise project(s).
These costs must be in accordance with state law as highlighted in the
OJP Financia/ Guide. States must also follow state regulations regarding
travel. If a state or territory does not have a travel policy they must follow
federal guidelines and rates, as explained in the OJP Financia/ Guide.
For further information on federal law pertaining to travel costs please
refer to http://www.ojp.usdoj,gov/FinGuide.
Supplies - Supplies are items that are expended or consumed during
the course of the planning and conduct ofthe exercise project(s) (e.g.,
copying paper, gloves, tape, non-sterile masks, and disposable
protective equipment).
Other Items - These costs include the rental of spacellocations for
exercise planning and conduct, exercise signs, badges, etc.
The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security
Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber
and agricultural. A state or loca/ jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine
and protocols located at .http://www,oiD.Usdoi.Qov/odp/exercises.htm#hseep
23
Hiring of full-time or part-time staff or contractors/consultants:
;¡ . To assist with the management of the FY2006 SHSGP
4. To assist with design, requirements and the implementation of the
FY2006 SHSGP
4. To assist with the implementation and administration of the State
Homeland Security Strategy, as it may relate to the FY2006
SHSGP
Hiring of full-time or part-time staff or contractors/consultants and
expenses related to:
4. HSGP pre-application submission management activities and
application requirements.
&. Meeting compliance with reporting/data collection requirements,
including data calls.
Development of operating plans for information collection and
processing necessary to respond to DHS/OGT data calls.
Overtime and backfill costs - Overtime expenses are defined as the
result of personnel who worked over and above their normal scheduled
daily or weekly worked time in the performance of G&T - approved
activities. Backfill Costs also called ·Overtime as Backfill" are defined as
expenses from the result of personnel who are working overtime in
order to perform the duties of other personnel who are temporarily
assigned to G&T - approved activities outside their core responsibilities.
Neither overtime nor backfill expenses are the result of an increase of
Full - Time Equivalent (FTEs) employees, These costs are allowed only
to the extent the payment for such services is in accordance with the
policies of the state or unit(s) of local government and has the approval
of the state or the awarding agency, whichever is applicable. In no case
is dual compensation allowable. That is, an employee of a unit of
government may not receive compensation from their unit or agency of
government AND from an award for a single period of time (e.g., 1 :00
pm to 5:00 pm), even though such work may benefit both activities.
Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment
Com ensation.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-
related expenses, please review the OJP Financia/ Guide at
http://www.ojp.usdoj, gov/FinGu ide).
Acquisition of authorized office equipment, including personal
computers, laptop computers, printers, LCD projectors, and other
equipment or software which may be required to support the
implementation of the homeland security strategy,
The following are allowable only within the contract period:
,¡,¡. Recurring fees/charges associated with certain equipment, such as
cell phones, faxes, etc.
,¡,¡. Leasing and/or renting of space for newly hired personnel to
administer programs within FY06 SHSGP.
24
OTAL$41,994.00
Scope of Work
Funding is provided to perform eligible activities as identified in the Office of Grants and Training Fiscal
Year 2006 State Homeland Security Grant Program (SHSGP), consistent with the Department of
Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category
below:
I. Categories and Eligible Activities
06. Planning, Training and Exercises for Local and Regional Efforts
FY2006 SHSGP, Issue 06, allowable costs are divided into the following categories: planning,
training and exercises. In addition, management and administration costs are also
allowable. Management and administration costs may not exceed 3% of the Recipient's total
award.
A. Planning
Developing and implementing homeland security support programs and adopting
DHS national initiatives including but not limited to the following:
Costs associated with implementing the National Preparedness Goal and Guidance
Costs associated with implementing and adopting NIMS
Costs associated with modifying existing incident management and EOPs to ensure
proper alignment with the NRP coordinating structures, processes, and
Establishing or enhancing mutual aid agreements
Developing communications and interoperability protocols and solutions
Conducting local, regional, and tribal program implementation meetings
Developing or updating resource inventory assets in accordance to typed resource
definitions issued by the NIC
Designing state and local geospatial data systems
Developing related critical infrastructure terrorism prevention activities including:
o Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery
o Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils
o Citizen Corps activities in communities surrounding critical infrastructure sites,
including Neighborhood Watch, VIPS, and other opportunities for citizen
participation
o Evaluating CIP security equipment and/or personnel requirements to protect and
secure sites
o CIP cost assessments, including resources (financial, personnel, etc.) required
for security enhancements/deployments.
Developing related terrorism prevention activities including, including but not limited
to the following:
· Planning to enhance security during heightened alerts, during terrorist incidents,
· and/or during mitigation and recovery.
· Multi-discipline preparation across first responder community, including EMS for
· response to catastrophic events and acts of terrorism.
· Public information/education: printed and electronic materials, public service
· announcements, seminars/town hall meetings, web postings coordinated through
25
· local Citizen Corps Councils.
· Citizen Corps volunteer programs and other activities to strengthen citizen
· participation.
· Conducting public education campaigns, including promoting individual, family
· and business emergency preparedness; promoting the Ready campaign; and/or
· creating State, regional or local emergency preparedness efforts that build upon
· the Ready campaign.
· Evaluating CIP security equipment and/or personnel requirements to protect and
· secure sites.
· CIP cost assessments, including resources (e.g., financial, personnel) required for
· security enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
· Developing or enhancing EOPs and operating procedures.
· Developing terrorism prevention/deterrence plans.
· Developing plans, procedures, and requirements for the management of
infrastructure and resources related to HSGP and implementation of State or Urban
Area Homeland Security Strategies.
· Developing or enhancing border security plans.
· Developing or enhancing cyber security plans.
· Developing or enhancing cyber risk mitigation plans.
· Developing or enhancing agriculture/food security risk mitigation, response, and
recovery plans.
· Developing public/private sector partnership emergency response, assessment, and
resource sharing plans.
· Developing or updating local or regional communications plans.
· Developing plans to support and assist special needs jurisdictions, such as port
· authorities and rail and mass transit agencies.
· Developing or enhancing continuity of operations and continuity of government
Plans.
· Developing or enhancing existing catastrophic incident response and recovery plans
to include and integrate Federal assets provided under the NRP.
· Developing or enhancing evacuation plans.
· Developing or enhancing citizen surge capacity.
Developing or conducting assessments, including but not limited to: .
· Conducting point vulnerability assessments at critical infrastructure sites/key assets
and develop remediation/security plans.
· Conducting cyber risk and vulnerability assessments.
· Conducting assessments and exercising existing catastrophic incident response and
recovery plans and capabilities to identify critical gaps that cannot be met by existing
local and State resources.
· Activities that directly support the identification of specific catastrophic incident
priority response and recovery projected needs across disciplines (e.g. law
enforcement, fire, EMS, public health, behavioral health, public works, agriculture,
information technology, and citizen preparedness).
· Activities that directly support the identification of pre-designated temporary housing
sites.
26
B. Training
FY 2006 SHSP funds may be used to enhance the capabilities of State and local
emergency preparedness and response personnel through development of a State
homeland security training program. Allowable training-related costs include: 1.
Establishment of support for, conduct of, and attendance at preparedness training
programs within existing training academieslinstitutions, universities, or junior colleges.
Preparedness training programs are defined as those programs related to prevention,
protection, response, and or recovery from natural, technical, or man made catastrophic
incidents, supporting one or more Target Capabilities in alignment with national priorities
as stated in the Goal. Examples of such programs include but are not limited to CBRNE
terrorism, critical infrastructure protection, cyber security, and citizen preparedness. 2.
Overtime and backfill costs associated with attendance at G&T-sponsored and approved
training courses. SHSP may also be used for training citizens in awareness, prevention,
protection, response, recovery skills
C. Exercises
SHSP funds may be used to design, develop, conduct, and evaluate exercises that:
· Provide homeland security preparedness personnel and volunteers a venue to
practice prevention, protection, response, and recovery activities.
· Evaluate prevention and response plans, policy, procedures, and protocols, including
NIMS and NRP.
· Assess the readiness of jurisdictions to prevent and respond to terrorist attacks.
· Encourage coordination with surrounding jurisdictions in prevention, protection,
response, and recovery activities.
·
Exercises conducted with OGT support (grant funds or direct support) must be managed
and executed in accordance with the Homeland Security Exercise and Evaluation
Program (HSEEP). HSEEP Volumes I-III contain guidance and recommendations for
designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-III can
be found at OGT's website at http://www.ojp.usdoj.gov/odp/exercises.htm. Volume IV,
which contains sample exercise materials and documents, can be found on OGT's
Secure Portal at https://odp.esportals.com or http://www.llis.gov.
Exercise Scenarios. The scenarios used in SHSGP-funded exercises must be terrorism-
related and based on the State or Urban Area Homeland Security Strategy and plans.
Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear,
explosive, cyber and agricultural. Grantees that need further clarification on scenarios
should consult with their State Exercise Manager for assistance and/or approval. Fifteen
all-hazards National Planning Scenarios, including 12 terrorism scenarios, have been
developed, and will be made available for use in national, federal, state, and local
homeland security preparedness activities (See HSPD-8: National Preparedness on page
49). Citizen participation in exercises is encouraged to include backfilling non-
professional tasks for first responders deployed on exercise, administrative and logistical
assistance with exercise implementation, and providing simulated victims, press, and
members of the public. Citizen participation in exercises should be coordinated with local
Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special
event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a
venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or
UASI funding to fund training and exercise activities in preparation for that event.
All tabletop exercises (TTXs) , drills, functional exercises (FEs), and full-scale exercises
(FSEs) will be evaluated and performance based. An After Action Report (AAR) and
Improvement Plan will be prepared and submitted to the State following every TTX, drill,
27
FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion
of each exercise (see HSEEP Volume II, Appendix A).
D. Management and Administration - no more than 3% of each sub-recipient's total award
may be expended on Management and Administration costs by the sub-recipients
Hiring of full-time or part-time staff or contractors/consultants:
· To assist with the management of the FY2006 SHSGP
· To assist with design, requirements and the implementation of the FY2006 SHSGP
· To assist with the implementation and administration of the State Homeland Security
Strategy, as it may relate to the FY2006 SHSGP
Hiring of full-time or part-time staff or contractors/consultants and expenses
related to:
· Meeting compliance reporting/data collection requirements, including data calls
Development of operating plans for information collection and processing
necessary to respond to DHS/OGT data calls
Overtime and backfill costs - Overtime expenses are defined as the result of personnel
who worked over and above their normal scheduled daHy or weekly worked time in the
performance of G& T - approved activities. Backfill Costs also called "Overtime as
Backfill" are defined as expenses from the result of personnel who are working overtime
in order to perform the duties of other personnel who are temporarily assigned to G& T -
approved activities outside their core responsibilities. Neither overtime nor backfill
expenses are the result of an increase of Full- Time Equivalent (FTEs) employees.
These costs are allowed only to the extent the payment for such services is in
accordance with the policies of the state or unit(s) of local government and has the
approval of the state or the awarding agency, whichever is applicable. In no case is dual
compensation allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single
period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both
activities. Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-related expenses,
please review the OJP Financial Guide at http://www.oip.usdoi.Qov/FinGuide).
Acquisition of authorized office equipment, including:
· Personal computers
Laptop computers
Printers
LCD projectors, and
Other equipment or software which may be required to support the implementation of
the homeland security strategy
The following are allowable only within the period of performance of the contract:
Recurring fees/charges associated with certain equipment, such as cell phones,
faxes, etc.
Leasing and/or renting of space for newly hired personnel to administer programs
within the FY2006 SHSGP
28
E.
·
·
·
·
·
·
·
·
Unauthorized Expenditures
Expenditures for items such as general-use software (word processing, spreadsheet,
graphics, etc.)
General-use computers and related equipment
General-use vehicles
Licensing fees
Weapons systems and ammunition
Construction or renovation of facilities that would have been reasonably necessary
due to non-terrorist threats
Activities unrelated to the completion and implementation of the SHSGP
Other items not in accordance with the Authorized Equipment List or previously listed
as allowable costs
u Recurring Costs
· Funding may not be used to supplant ongoing, routine public safety activities of state
and local emergency responders, and may not be used to hire staff for operational
activities or backfill.
F. Overtime and Backfill Guidance
Overtime: Expenses incurred by those personnel who, as a result of G&T-approved
activities, are performing over and above their normal, scheduled work hours or work
week.
Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who
are working over and above their normal, scheduled work hours, or work week, in order
to perform the duties of other personnel who are temporarily assigned to G& T-approved
activities outside their core responsibilities. The OJP OC does not distinguish between
Overtime and Overtime as Backfill- they are both viewed as overtime regardless of
whether the individual has performed more hours in their normally assigned place of duty
or if the overtime accrued as a result of being re-assigned to a different place of duty.
Overtime and backfill do not result in an increase of full-time employees (FTEs).
II. National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections in
order to stay abreast of initiatives being highlighted by DHS and to comply with associated
program requirements.
A. National Incident Management System (NIMS)
NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and
local governments to work effectively and efficiently together to prepare for, prevent,
respond to, and recover from domesti,c incidents, regardless of cause, size or complexity.
Since FY2006 is a critical year for initial NIMS adoption, the Recipient should start now
by prioritizing FY2006 preparedness assistance (in accordance with the eligibility and
allowable uses of the grant) to facilitate its implementation.
1. Minimum FY2006 NIMS Compliance Requirements
· Incorporating NIMS into existing training programs and exercises;
· Ensuring that federal preparedness funding supports NIMS implementation
(in accordance with the eligibility and allowable uses of the grants);
· Incorporating NIMS into emergency operations planning;
Promotion of mutual aid agreements; and,
Institutionalizing the use of the Incident Command System (ICS).
29
2. Local units of government should support NIMS implementation by:
· Having relevant personnel complete the NIMS Awareness Course:
These independent study courses are available on-line and will take between
forty-five minutes to three hours to complete. The course is available on the
Emergency Management Institute web page at: http://traininq.fema.qov
· Formally recognizing NIMS and adopting NIMS principles and policies.
The NIC will provide sample language and templates to assist in formally
adopting NIMS through legislative and/or executive/administrative means.
· Establish a NIMS baseline by determining which NIMS requirements are
already satisfied. The NIC is developing a web-based self-assessment
system, the NIMS Capability Assessment Support Tool (NIMCAST) to
evaluate their incident response and management capabilities. The NIC is
currently piloting the NIMCAST with a limited number of states. Upon
completion of the pilot, the NIC will provide all potential future users with
voluntary access to the system.
3. FY 2006 and FY 2007 Requirements
In order for the State to receive FY2006 preparedness funding, the compliance
requirements described above must be met. Additional information about NIMS
compliance and resources for achieving compliance will be forthcoming from the
NIC. The NIC web page, http://www.fema.qov/nims, will be updated regularly
with NIMS information and implementation guidance.
Note: All FY 2006 Homeland Security Grant Program Grant Guidance can be found at
http://www.ojp. usdoi .qov/ od p/docs/fv2006hsq p. pdf
B. Monitorina:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond
to terrorist threats since 1999 through various funding sources including federal grant funds. As
the steward of the State Homeland Security Grant Program funds, projects and equipment the
Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the
status of the grant activity and items purchased or developed.
The monitoring process detailed in this document is designed to assess a recipient agency's
compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring
the programmatic and capability portion of the grant to include equipment procurement and
compliance with applicable DHS grant guidance.
Monitoring is accomplished utilizing various methods including desk monitoring and site visits.
There are two primary areas reviewed during monitoring activities - financial and
programmatic/capability. Financial monitoring is the review of records associated with the
purchase and disposition of property, projects and contracts. Capability review is the observation
of equipment purchased, protocols and other associated records.
30
Various levels of financial and programmatic review may be accomplished during this process.
Desk monitoring is defined as the review of projects, financial activity and technical assistance
between the program office and the applicant via e-mail and telephone. Site visits are defined as
actual visits to the recipient agency's location by a team or members of FDEM or their designee,
to actually observe records, procedures and equipment.
For Planning the Division reserves the option to request access to any document, as described
below, at anytime during the contract period:
· If the Recipient chooses to enhance/develop a plan, parts of a plan,
sOP/saG, or other documentation then, the Division will require the
review of a draft copy of this document for NIMS compliance. The
Division will only be making recommendations.
· If the Recipient chooses to enhance/develop a mutual aid agreement,
the Division will require a copy of said agreement.
If the Recipient chooses to enhance/develop a GIS database product,
the Division will require access to the layer or database.
If the Recipient chooses to enhance/develop public information related
materials, the Division will require a copy of said materials.
If the Recipient chooses to participate in a Domestic Security related
meeting or conference, the Division will require a copy of the agenda
prior to the meeting and a roster after the meeting.
· If the Recipient chooses to conduct an assessment, we will require a
copy of the completed assessment. Since these are secure documents,
they should be submitted on CD.
For Training the Division reserves the option to request access to any document, as described
below, at anytime during the contract period:
· If the Recipient chooses to conduct training, the Division will require the
title of course, instructor's name and a list of attendees prior to course
delivery. After the course has been delivered, the Division will require a
roster of actual participants.
For Exercise the Division reserves the option to request access to any document, as described
below, at anytime during the contract period:
· If the Recipient chooses to conduct an exercise, an After Action Report
should be submitted to the Division no later than thirty (30) days after the
conclusion of the exercise.
· Participating in exercises will count towards the site visits.
Site Vis it
Once FDEM personnel have arrived at the site, an orientation conference will be conducted.
During this time, the purpose of the site visit and the items FDEM intends to examine will be
identified. If financial monitoring visit will be conducted, they will then explain their objectives and
will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting
documentation has been reviewed, FDEM personnel may request copy of plans and/or
procedures or participate in training or exercises.
31
Other programmatic issues can be discussed at this time, such as missing quarterly reports,
payment voucher/reimbursement, equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the
Financial Review Team, if applicable.
Within 15 days of the site visit, a monitoring report will be generated and sent to the grantee
explaining any citations and corrective actions or recommendations. The Site Visit Worksheet and
reports will then be included in the grantee's file along with any documents distributed at the site
visit by the grantee.
III. Reporting Requirements
A. Quarterlv Proarammatic Reportina:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting
periods (March 31, June 30, September 30 and December 31) for the life of this contract.
If a report(s) is delinquent, future financial reimbursements will be withheld until the
Recipient's reporting is current.
Pro
Reportin Period
Report due to DEM no later than
A ril30
Jul 31
October 31
October 1 throu h December 31
Janua 31
Proarammatic Reportina: Information to Report On
After the end of each reporting period, for the life of the contract, the Division will provide
a Biannual Strategy and Implementation Report worksheet to the Recipient Point of
Contact listed in this contract. This worksheet will contain all of the information that the
Recipient needs to report on. The Recipient is to complete this worksheet in its entirety
and email the finished product to the programmatic contact listed below. The first
worksheet will be available after the July 1 - September 30, 2006 reporting period.
B. Reimbursement Reauests:
A request for reimbursement may be sent to your contract manager for review and
approval at anytime during the contract period. The Recipient should include the
category's corresponding line item number in the "Detail of Claims" form. This number
can be found in the "Proposed Program Budget". A line item number is to be included for
every dollar amount listed in the "Detail of Claims" form.
C. Close-out Proarammatic Reportina:
The Close-out Report is due to the Florida Division of Emergency Management no later
than 60 days after the contract is either completed or the contract has expired.
32
IV. ProQrammatic Point of Contact
Contractual Point of Contact
Carolyn Washington
FDEM
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 410-1271
carol n.washin ton dca.state.fI.us
Programmatic Point of Contact
Farrah Gosford
FDEM
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 413-9974
farrah. osford dca.state.fl.us
V. Contractual Responsibilities
The FDEM shall determine eligibility of projects and approve changes in scope of work.
The FDEM shall administer the financial processes.
33
Attachment B
Program Statutes and Regulations
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
4) OMS CircularsA-21, A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
22) 28 CFR applicable to grants and cooperative agreements
23) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
24) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
25) Title VI of the Civil Rights Act of 1964, as amended;
26) Section 504 of the Rehabilitation Act of 1973, as amended;
27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
28) Title IX of the Education Amendments of 1972;
29) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
30) 28 CFR Part 42, Subparts C,D,E, and G
31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
32) Federal Acquisition Regulations 31.2 and 931.2
34
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request IS based must be submitted. Any advance payment
under this Agreement is subject to s. 216.181 (16)(a)(b), Florida Statutes. The amount which may be
advanced shall not exceed the expected cash needs of the recipient within the initial three months.
[ ] ADVANCE REQUESTED
~] NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2003-2004 2004-2005 2005-2006
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
, .
First three months expenditures need only be provided for the years In which you requested an advance. If
you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $ =
Cell D3 DCAlDEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[
] Recipient has no previous DCAlDEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
[
35
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
36
..
Attachment D
Warranties and Representations
Financial Manaqement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated_balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, and invitations for bids and/or requests
for proposals shall be excluded from competing for such procurements. Awards shall be made to the
bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements
that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and
all bids or offers may be rejected when it is in the Recipient's interest to do so.
37
..
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection; award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
cODduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensinq and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
38
Attachment E
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation inthis
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
39
..
...
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS Circulars No. A-21, A-11 0, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
40
'1
~
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the 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.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
41
...Sif""b-~ @ -F--' -, '
COUNTY ,
rlCRIOr\~--
- .. .-
AGENDA REQUEST
ITEM NO. C4A
DATE: February 13. 2007
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT: (X)
TO: BOARD OF COUNTY COMMISSIONERS
~EN~.~
Dennis A. Bunt
Code Enforcement Supervisor
SUBMITTED BY (DEPT): Public Works-Blda & Zonina
SUBJECT: Request by Code Enforcement to notify the Board Of County Commissioners of the
condition of the property located at 5030 EDWARDS RD, Fort Pierce, Florida, an Open/unsafe building
with excessive overgrowth and junk, trash, and debris.
BACKGROUND: The building at 5030 EDWARDS RD, Fort Pierce, Florida, has been determined to be
open and unsafe and to constitute a nuisance. At the present time it has not been found to be 50%
damaged and has not been placed on the condemnation list. It has been brought before the Code
Enforcement Board and has a fine of $20,000.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: Code Enforcement Board
RECOMMENDATION: Staff recommends the BOCC allow staff to monitor this property and proceed
with liens against the property. Staff will also post the property as not to be habitable.
Approved 4-0
Comm. Grande Absent
COMMISSION ACTION:
\.~PPROVED DENIED
OTHER:
9 County Attorney:
7J'
Review and Approvals
9 Management and Budget:
9 Purchasing:
9 Originating Cept' (Pub. Wks.) 1~ - 9 Other:
{
9 Other:
9 Finance: Check for copy only, if applicable:
AGENDA REQUEST
ITEM NO. C-4B
DATE: February 13, 2007
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): ENGINEERING DEPT
PRE$ENTED BY:
1 .
SUBJECT: Airport Industrial Park MSBU - Sanitary Sewer Improvements (FPUA)
Approval of Work Authorization NO.1 to the Agreement for Continuing Engineering Services with Camp,
Dresser & McKee, Inc., in the amount of $35,360.00 to provide assessment services.
BACKGROUND:
See attached memorandum
FUNDS AVAIL:
39004-4115-531000-38012 -Transportation Trust Interloeals-Public Works
Engineering
. PREVIOUS ACTION:
March 11, 2003 - Board approved Budget Resolution 03-50 to
appropriate and expend the funds from the Airport Industrial
Wastewater St. Lucie project Grant in the amount of $788,000.
February 6, 2007 - Board approved Budget Resolution 07-057 to
approve appropriation and expenditure of funds and drawdown an
interim loan from the Suntrust Line of Credit
RECOMMENDATION:
Staff recommends approval of Work Authorization No. 1 to the Agreement for Continuing Engineering
Services with Camp, Dresser & McKee, Inc., in the amount of $35,360.00 to provide assessment
services, and authorization for Chairman to execute the Work Authorization.
COMMISSION ACTION:
NCE:
1w APPROVED [] DENIED
rr OTHER:
Approved 4-0
Comm. Grande Absent
Do as M. Anderson
County Administrator
coordlnatlonlSlanatures1 ~
[x)Mgt. & Budget /'-1{) ~/ ~
[x)MSBU Coor -f!,p
[) Eng proj Mgr
[ )Purchasing
[x]County Attorney
[x]Public Works Dir
[ ]Finance
I>~
(1f~.
COMMISSION REVIEW: February 13, 2007
ENGINEERING MEMORANDUM
MSBU Memo No. 07-008
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Michael V. Powley, County Engineer MVf
January 24, 2007
Airport Industrial Park M.S.B.U. - Sanitary Sewer Improvements (FPUA)
Approval of Work Authorization No.1, to the Agreement for Continuing
Engineering Services with CDM, Inc., to provide assessment services
BACKGROUND
On November 4, 2000 - Board approved W.A. with Inwood Engineers to design a sanitary
sewer system (SLCU) for proposed Airport Industrial Park MSBU.
October 8, 2002 - Board accepted the grant from the Florida Department of Environmental
Protection in the amount of $788,000.00 for the planned wastewater improvements at the
existing Airport Industrial Park.
On March 11, 2003 - Board approved Budget Resolution 03-50 to appropriate and expend
the funds from the Airport Industrial Wastewater St. Lucie project Grant in the amount of
$788,000.
Since the Airport Industrial Park in within FPUA's Service Area, the system will be re-
designed for direct connection to FPUA.
February 6, 2007 - Board approved Budget Resolution 07-057 to appropriate and expend
funds and to drawdown an interim loan from the Suntrust Line of Credit
Staff proposes to retain the professional services of Camp, Dresser & McKee, Inc. to
determine the appropriate assessment methodology for this project and to prepare the
assessment roll.
RECOMMENDATION
Staff recommends approval of Work Authorization NO.1 to the Agreement for Continuing
Engineering Services with Camp, Dresser & McKee, Inc., in the amount of $35,360.00 to
provide assessment services, and authorization for Chairman to execute the Work
Authorization.
Attachment (1)
c: Staff concurring
G:\ENG\MSBU\WORD\MSBU Projects\Airport Ind Park\AGA-CDM Assmt Services.doc
\~ -. J-': ~
COUNTY'.
FLORIDA
- ,~... .', .. "·".0.' .'., "".,,,. .'" ~..",,' .".';~: _ ".' - .,..
WORK AUTHORIZATION NO. 01
CONTRACT C06-GS-505
FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES
THIS WORK AUTHORIZATION is made as of the _ day of , 2007, by
and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as the "County" and CAMP, DRESSER & MCKEE INC., hereinafter referred to as the
"Consultant" .
WIT N E SSE T H:
WHEREAS, on August 1, 2006, the COUNTY entered into a Consulting Agreement
(Contract No. C06~OB-505) hereinafter referred to as "Contracf' with the CONSUL T ANT to
provide continuing professional engineering services; and,
WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional
services as outlined in this individual work authorization; and,
NOW, THEREFORE, in consideration of their mutual promises made herein, and for
other good and valuable consideration, receipt of which is hereby acknowledged by each party,
the parties who are legally bound, hereby agree as follows:
1 . PROJECT:
The COUNTY has determined that it would like to complete a project described below:
Airport Industrial Park Wastewater MSBU - Special Assessment Program
(hereinafter referred to as "the Project".)
2. SERVICES:
The COUNTY has determined that it would like to utilize the services of the
CONSULTANT in the completion of the Project, to provide professional engineering services for
the Project under the pricing, terms and conditions of the continuing contract (C06-0B-505). The
services to be provided by CONSULTANT on the Project shall be for those as outlined in the
Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto
Page 1 of 3
as Exhibit "8" which are attached hereto and made a part of this work authorization and
incorporated herein.
3. CONSTRUCTION COSTS:
The construction costs of the Project for which CONSULTANT will render the
Professional Services are estimated by the COUNTY not to exceed $1,000,000 or any other
costs or fees as otherwise described under the "Consultants Competitive Negotiation Act",
(CCNA).
4. COMPENSATION:
The cost to perform all services as described in the attached Scope Of Services shall be
billed on an hourly basis, and shall not exceed a total amount of thirty five thousand three
hundred sixty and 00/100 dollars ($35,360.00), as further detailed in Exhibit "8".
5. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the Continuing
Contract shall remain in full force and effect.
6. TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto that
the time of completion is an essential condition of this Contract, time being of the essence.
b. Consultant shall commence work per the written Notice To Proceed, and shall
complete all work within the time specified, as further described in Exhibit "A'.
If the work is not fully completed according to the terms of the and
within the time liml herein, it is hereby acknowled ed UNTY will suffer µ~
damages which are not capat:5 e i r calculation, and therefore the
CONSULTANT shall pay the COU ,quidate sum of five hundred Dollars
($500.00) per day fo ollowing the required completion date, un u on which 75/)07
act Ion occurs.
d. The period herein above specified for project completion may be extended by
such time as shall be approved by the County Administrator or her designee, or the Contract
may be cancelled by the County Administrator with the County invoking all rights and remedies
thereof.
e. Where any deductions from or forfeitures of payment in connection with the work
of this Contract are duly and properly imposed against the CONSULTANT, in accordance with
the terms of the Contract, State Laws, governing ordinances or regulations, the total amount
thereof may be withheld from any monies due or to become due the CONSULTANT under the
Contract; and when deducted, shall be deemed and taken as payment in such amount.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple
copies, each of which shall be considered an original on the following dates.
Page 2 of 3
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES:
¿¿/'/ ?C-
-
4D 4M01P.ftÁ .
CAMP D~SEE~C.
Bv:4'
Print Name: Er,è.., d. ~,..+lCt., f.e) Eat
Title: _~r, 1\t:..t4~
Page 3 of 3
EXHIBIT A
ST. LUCIE COUNTY
AIRPORT INDUSTRIAL PARK W ASTEW ATER MSBU
SPECIAL ASSESSMENT PROGRAM
SCOPE OF SERVICES
St. Lucie County (SLC) intends to create a wastewater municipal services benefit unit ("MSBU")
for the Airport Industrial Park area. This MSBU will recover the capital costs for on-site
collection improvements and a portion of the off-site transmission improvements from specially
benefiting properties. The following tasks comprise the scope of services for the project.
Task 1 - Data Collection/Review
Upon receipt of written notice to proceed, CDM shall obtain and review information related to
the proposed project including the following:
· Estimated project costs for the wastewater system improvements;
· Amount of grant funding to reduce the net amount of project costs to be assessed;
· Any developer agreements with specially benefited properties;
· Current listing of parcels with tax identification numbers;
· Wastewater flows for each parcel as calculated by the design engineer for the project;
· Historical metered water demands for each parcel currently connected to centralized water
service to compare against calculated wastewater flows for purposes of consistency.
Task 2 - Estimate Units of Benefit
CDM shall determine for each specially benefited parcel the number of wastewater ERC's, and
estimate the total ERC count. To compute the wastewater ERC's, CDM will divide the total
annual average daily wastewater flow computed by the Design Engineer by the flow equivalent
value for an ERC of 250 gallons per day ("gpd"). Because the entire district is industrial in terms
of land use, CDM understands that no deed restrictions will be available for any of the parcels.
Task 3 - Development of Special Assessment Rate
Based on the costs associated with the special benefit to be included, as provided by others, and
analyses by SLC's Financial Advisor, CDM shall compute the special assessment rates. These
rates shall be the principal amount per ERC, the prepayment discount amount per ERC, and the
annual installment payment per ERe.
Task 4 - Prepare Preliminary Special Assessment Roll
SLC staff will provide CDM with a copy of the Property Appraiser's database in Microsoft Excel
format containing the parcel identification tax number and other necessary parcel information.
A-I
jb1063,doc
-,
CDM shall prepare the preliminary special assessment roll to include all specially benefited
properties. CDM shall deliver the required number of copies of the preliminary roll, both in
electronic and hard copy format, to the proper entities.
SLC staff has indicated it will itself print and mail the statutorily required notices by first class
mail. CDM shall assist SLC staff in this effort by providing the preliminary rolls in electronic
format enabling SLC staff to perform a "mail merge" of the roll with the letter template.
Task 5 - Prepare Engineer's Report
Funding of the net project costs after considering grant monies will require the issuance of
special assessment bonds. CDM shall prepare the initial draft and subsequent drafts as
necessary of the Engineer's Report to support this bond issuance.
Upon receipt of comments on the final draft report, CDM shall prepare and submit the final
Engineer's Report. CDM shall also execute the Consulting Engineer's Certificate, which is a
document required at bond closing.
Task 6 - Assistance with and Attendance at Public Hearing
CDM shall assist SLC staff in preparing for the two public hearings on the special assessment
program. CDM shall attend the two public hearings to make any necessary presentations and
answer any questions by the Board or affected property owners.
Task 7 - Prepare Final Special Assessment Roll
At the completion of the project when actual costs are known, CDM shall prepare the final
special assessment roll to contain all specially benefited properties. CDM shall deliver the
required number of copies of the final roll, both in electronic and hard copy format, to the
proper entities. If the final amounts of the special assessments are less than the preliminary
amounts, SLC will credit the difference to the account of each specially benefited property.
Task 8 - Meetings
In addition to attendance at the public hearing, CDM shall attend two informal meetings and
two meetings with staff under this scope of services.
Estimated Project Schedule
An estimated project schedule outlining the project tasks is a follows:
Estimate Benefit, Develop Rate, and Prepare Preliminary Roll
Prepare Engineer's Report
Prepare Final Assessment Roll
2 Months
1 Month
1 Month
A-2
jb1063.doc
EXHIBIT B
PROJECT BUDGET
PROJECT:
Airport Industrial Park Wastewater MSBU
Special Assessment Program
PROJECT
DESCRIPTION: As Outlined in the Scope of Services, Exhibit A
REFERENCE: Agreement between St. Lucie County Board of County Commissioners and
Camp Dresser & McKee Inc.
Labor Category Hours
Officer 2
Principal/ Associate 76
Professional II 140
Staff Support Services 16
Project Admin 96
TOTAL HOURS 330
TOTAL LABOR COST
GRAND TOTAL
USE A LUMP SUM
$35,360
$35.360
$35.360
B-1
jbI063.doc
AGENDA REQUEST
ITEM NO. C~ .~~
DATE: February 13, 2007
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): PUBLIC WORKS DEPT (4117)
PRESENTED BY:
~~ .~t.'l ___
Public Works Director
SUBJECT:
Acceptance of Budget Resolution #07-060 in the amount of $267,000 for second ofthree installments of funds from
Florida Inland Navigation District (FIND) for the Taylor CreeklC25 Dredging and Restoration Project.
BACKGROUND:
The Taylor Creeklc-25 Canal Restoration project involves the dredging of Taylor Creek from the c-25 spillway
structure and the Ft. Pierce Fanns c-1 Canal spillway structure to the Indian River Lagoon. The Port of Fort Pierce
is directly to the south of Taylor Creek. Sediments have been accumulating in the creek for the last 38 years and
contain fine-grained organic silt that represents a threat to the health of the Indian River Lagoon Estuary.
Additionally, this project will preclude the siltation of the recently dredged federal turning basin and the Intracoastal
Waterway.
Over many years, the sediments have accumulated to a depth of about 6-7 feet deep in the center channel of Taylor
Creek. The project will involve the removal of approximately 210,000 cubic yards of sediments. Once the sediments
are removed, Taylor Creek will function as a silt trap to accumulate fine-grained silt before it is discharged to the
Indian River Lagoon and the turning basin. The Taylor Creek navigation channel will be restored to its full depth to
benefit the public.
On December 22, 2003, the Florida Departrnent of Environmental Protection pennitforPhase 1 of Taylor Creek was
granted. The Phase 1 project consists of the dredging of the navigation channel between the Intra-coastal
Waterway and the FEC Railroad Bridge. On February 26, 2004, the U.S. Anny Corps of Engineers pennit for Phase
1 was issued. On March 16,2004, the construction contract was awarded to Lake Michigan Contractors, Inc., in the
amount of $2,485,820.00. Construction of Phase 1 commenced on April 15, 2004. The first ten weeks of the
project involved the construction of a 16 acre spoil site at the Port of Ft. Pierce. A 15' high containment dike was
constructed around the perimeter of the spoil area.
Hydraulic dredging commenced in early July, 2004 and was completed in 30 days. Approximately 95,000 cubic
yards of sand and muck sediments were dredged from the navigation channel. An estimated 66,000 cubic yards
consisted of fine-grained muck sediments, with the balance consisting of sand. Contract work was temporarily
suspended on September 1, 2004 for Hurricane Frances and Hurricane Jeanne, and resumed again in late
November, 2004. The muck sediments were dried and hauled to the St. Lucie County Landfill.
The County is currently pursuing pennits for Phase 2 (Dredging) and Phase 3 (Shoreline Stabilization) for the
Taylor Creek Projects. The shoreline stabilization (Phase 3) should begin early 2007.
Total project cost for Taylor Creek Dredging is estimated at $4.0 million dollars, including spoil site construction.
FUNDS AVAIL:
Funds will be available in Port Budget 140800-4315-56300-4657.
PREVIOUS ACTION:
12/12/06 - Approval of Amendment #5 for 2nd Installment of $267,000 from SFWMD/FIND and time extension to
September 1, 2007.
1/27/06 - Approval of Amendment #4 for time extension to March 1, 2006.
11/23/04 - Approval of Amendments 1, 2 and 3 to SFWMD grant for Taylor Creek Dredging.
3/5/02 - Approval of Work Authorization NO.3 with BCI Engineers, Inc., in the amount of $17,500 for cost analysis
and grant application preparation and submittal to FIND and SJRWMD.
2/5/02 - Approval of Work Authorization #2 with BCI in the amount of $33,050 for the Taylor Creek Restoration
Dredging Project Shoreline Stabilization and Improvements Reach 2.
8/14/01 - Approval of grant application submittal to FSTED in the amount of $700,000 for Taylor CreeklC25 Dredging
and Restoration Project.
5/1/01 - Approval of Cooperative Agreement between the County and SFWMD.
5/1/01 - Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and permitting of Taylor
Creek Project.
3/7/00 - Approval of Work Authorization #14 with Williams, Hatfield & Stoner in the amount of $32,200 for a
hydrogeologic study of the groundwater at the Seminole property.
2/15/00 - Approval of Work Authorization #13 with Williams, Hatfield & Stoner in the amount of $86,900 for sediment
testing and analysis.
5/4/99 - Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site
selection process.
3/9/99 - Approval of Work Authorization #11 with Williams, Hatfield & Stoner in the amount of $11,000 for
preparation of FIND grant.
RECOMMENDATION:
Acceptance of Budget Resolution #07-060 in the amount of $267,000 for second of three installments from Florida
Inland Navigation District (FIND) for the Taylor CreeklC25 Dredging and Restoration Project.
'~ APPROVED
.. rl OTHER:
[ ] DENIED
COMMISSION ACTION:
Approved 4-0
Comm. Grande Absent
gla7A~derson
County Administrator
XlOrlgfnating Dept: ,~Ub. Wks.( ~. (X]County Attorney:
[X]purchasingØ 0 arks & Recreation:
rovals
[X]Management and BUdg~~:YW"Þ .'
\~:::.'
fJ10J£(
o Environmental Lands:
o other
[X] Finance: Check for copy only, if applic:able:
uayone with a disability requiring acconunodation to attend this meeting should contact the Sf. Lucie County Community Services Manager at (561) 462-1777
or TDD (561) 462-1428 at least forty-cight (48) hours prior to the meeting.
PUBLIC WORKS DEPARTMENT
ADMINISTRATION
MEMORANDUM
TO:
Board of County Commissioners
Don West, Public Works Directo~~ ·
February 6, 2007
FROM:
DATE:
RE: Budget Resolution ##07-060 for Taylor Creek Dredging.
************************a.a*************&*.A**.******************a.A.a.Aa.A*.**.****************************
BACKGROUND:
The Taylor CreeklC.25 Canal Restoration project involves the dredging of Taylor Creek from the C.25 spillway
structure and the Ft. Pierce Farms C.1 Canal spillway structure to the Indian River Lagoon. The Port of Fort Pierce
is directly to the south of Taylor Creek. Sediments have been accumulating in the creek for the last 38 years and
contain fine-grained organic silt that represents a threat to the health of the Indian River Lagoon Estuary.
Additionally, this project will preclude the siltation of the recently dredged federal turning basin and the Intracoastal
Waterway.
Over many years, the sediments have accumulated to a depth of about 6-7 feet deep in the center channel of Taylor
Creek. The project will involve the removal of approximately 210,000 cubic yards of sediments. Once the sediments
are removed, Taylor Creek will function as a silt trap to accumulate fine-grained silt before it is discharged to the
Indian River Lagoon and the turning basin. The Taylor Creek navigation channel will be restored to its full depth to
benefit the public.
On December 22,2003, the Florida Department of Environmental Protection permit for Phase 1 of Taylor Creek was
granted. The Phase 1 project consists of the dredging of the navigation channel between the Intra-coastal
Waterway and the FEC Railroad Bridge. On February 26, 2004, the U.S. Army Corps of Engineers permit for Phase
1 was issued. On March 16, 2004, the construction contract was awarded to Lake Michigan Contractors, Inc., in the
amount of $2,485,820.00. Construction of Phase 1 commenced on April 15, 2004. The first ten weeks of the
project involved the construction of a 16 acre spoil site at the Port of Ft. Pierce. A 15' high containment dike was
constructed around the perimeter of the spoil area.
Hydraulic dredging commenced in early July, 2004 and was completed in 30 days. Approximately 95,000 cubic
yards of sand and muck sediments were dredged from the navigation channel. An estimated 66,000 cubic yards
consisted of fine-grained muck. sediments, with the balanœ consisting of sand. Contract work was temporarily
suspended on September 1, 2004 for Hurricane Frances and Hurricane Jeanne, and resumed again in late
November, 2004. The muck. sediments were dried and hauled to the St. Lucie County Landfill.
The County is currently pursuing permits for Phase 2 (Dredging) and Phase 3 (Shoreline Stabilization) for the
Taylor Creek Projects. The shoreline stabilization (Phase 3) should begin eariy 2007.
Total project cost for Taylor Creek Dredging is estimated at $4.0 million dollars, including spoil site construction.
RECOMMENDATION:
Acceptance of Budget Resolution #07-060 in the amount of $267,000 for second of three installments of funds from
Florida Inland Navigation District (FIND) for the Taylor CreeklC25 Dredging and Restoration Project.
RESOLUTION NO. 07-060
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 JPA between St. Lucie County and South Florida Management District using
funding from Florida Inland Navigation District (FIND) for the Taylor CreeklC25 Dredging and Restoration
Project to fund engineering design and assessment services in the amount of $267,000.
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 6th day of February, 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
140800-4315-337310-4657
South FI Water Management-Phys Env
$267,000
APPROPRIATIONS
140800-4315-563000-4657
Infrastructure
$267,000
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 6th DAY OF FEBRUARY, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
ITEM NO. C- 4D
DATE: February 13, 2007
AGENDA REQUEST
TO:
BOARD OF COUNTY COMMISSIONERS
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
PRESENTED BY:
SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117)
SUBJECT:
Request Board approval of JPA with SFWMD for $250,000.00 for Lakewood Park Canal Control Structures-
Stormwater Drainage and Water Quality Improvement project, and approval of Resolution #07-059.
BACKGROUND:
The project is replacement of the primary water control structures with operational gates to provide maximum
flexibility for stormwater management under varying conditions. The immediate goals of this stormwater
improvement project are flood control and groundwater recharge, accomplished by managing canal stages at
optimum levels under variable conditions.
After conducting studies to evaluate the Lakewood Park stormwater system and the downstream Fort Pierce Fanns
Water Control District canals, a three phased approach to the potential Lakewood Park improvements was outlined,
to improve overall performance of the stormwater management system.
The first phase involves improving and upgrading the primary outfall control structures for Lakewood Park
Subdivision. The structures will be designed and permitted as operable gates, to replace the fIXed crest weirs that
currently exist. This improvement would give the County the ability to lower intemal canal stages prior to major
storm events, and provide greater flood protection. Likewise, during drought conditions the water could be
maintained at higher levels, to improve lake aesthetics and maintain higher groundwater levels.
FUNDS AVAILABLE:
A County Match of $250,000.00 will be required for this project. 102001-3725-56300-425047 ($304,069.00)
Drainage Maintenance MSTU - Stormwater
PREVIOUS ACTION: Management
N/A
RECOMMENDATION:
Public Works staff is requesting Board of County Commissioners approve the attached JPA in the amount of
$250,000.00 for Lakewood Park Canal Control Structures - Stormwater Drainage and Water Quality Improvement
project and approval of signature by the Chairman, and approval of Resolution #07-059.
~ APPROVED
r1 OTHER
Approved 4-0
Comm. Grande Absent
[ ] DENIED
E:
COMMISSION ACTION:
Review and Approvals
(JOrlginoUng DepI: (Pub. Wks.}~ 'IXICounty AtlDmey: t!21 lXI_me" and BU~.1" ~
[X]Purchaslng: ~ 0 Parks & Recreation: 0 Environmental Lands:
D Other
[X] Finance: Check for copy only, if applicable:
uayone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at(561) 462-1177
·r TDD (561) 462-1428 at least fortv-ei2ht (48) hours orior to the meetin2.
PUBLIC WORKS DEPARTMENT
ADMINISTRATION
MEMORANDUM
TO: Board of County Commissioners
FROM: Don West, Public Works Directo~~ .
DATE: February 6, 2007
RE: Approval of JPA with SFWMD for Lakewood Park Canal Control Structures - Stormwater
Drainage and Water Quality Improvement project.
************AAA*A**A********************A**A*A**AAAAAA*****A**********AAAAA*********AAA*********************
BACKGROUND:
The project is replacement of the primary water control structures with operational gates to provide maximum
flexibility for stormwater management under varying conditions. The immediate goals of this stormwater
improvement project are flood control and groundwater recharge, accomplished by managing canal stages at
optimum levels under variable conditions.
After conducting studies to evaluate the Lakewood Park stormwater system and the downstream Fort Pierce Farms
Water Control District canals, a three phased approach to the potential Lakewood Park improvements was outlined,
to improve overall performance of the stormwater management system.
The first phase involves improving and upgrading the primary outfall control structures for Lakewood Park
Subdivision. The structures will be designed and permitted as operable gates, to replace the fixed crest weirs that
currently exist. This improvement would give the County the ability to lower internal canal stages prior to major
storm events, and provide greater flood protection. Likewise, during drought conditions the water could be
maintained at higher levels, to improve lake aesthetics and maintain higher groundwater levels.
RECOMMENDATION:
Public Works staff is requesting Board of County Commissioners approve the attached JPA in the amount of
$250,000.00 for Lakewood Park Canal Control Structures - Stormwater Drainage and Water Quality
Improvement project and approval of signature by the Chairman.
..>.. \R i\~II\i
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Q:~,--':',:;.','" ,~i!c.~,
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SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www.sfwmd.gov
January 18, 2007
Mr. Don West, Project Manager
St. Lucie County
2300 Virginia Ave
Ft. Pierce, FL 34982-5652
Dear Mr. West:
Subject:
Agreement #4600000621
Lakewood Park Canal Control Structures- Stormwater Drainage and
Water Quality Improvements
Please find enclosed two (2) copies of the subject document. Please have them signed
by an individual with signature authority on behalf of your organization. Please include
documentation to demonstrate official delegation of signature authority up to the
contract monetary limits.
Please return both copies to my attention, along with, if applicable and not previously
submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date
the documents, a fully signed document will be returned to you upon execution by the
South Florida Water Management District (District). Note that this document is not
binding on the parties until it is approved by the appropriate level of authority within the
District and executed by both parties.
Your cooperation and timely response will be greatly appreciated. Should there be any
questions, or if you require any additional information, please contact me.
l&t\fl~~
Patrick Wiener
Senior Contract Specialist
Procurement Department
pwiener@sfwmd.gov
(561) 682-6220
FAX: (561) 681-6275
PW /jcs
Enclosure
c: Kathy Lamartina MSC-1670
GOVERNING BOARD
EXECUTIVE OFFICE
Kevin McCarty, Chair
Irela M. Bagué, Vice-Chair
Miya Burt-Stewart
Alice J. Carlson
Michael Collins
Nicolás J. Gutiérrez, Jr., Esq.
Lennart E. LindaW, P.E.
Harkley R. Thornton
Malcolm S. Wade, Jr.
Carol Ann Wehle, Executive Director
·
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600000621
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
ST LUCIE COUNTY
THIS AGREEMENT is entered into as of the
South Florida Water Management District (DISTRICT) and St Lucie County (COUNTY).
by and between the
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida
Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include
entering into contracts with public agencies, private corporations or other persons; and
WHEREAS, the DISTRICT desires to provide fmancial assistance to the COUNTY for The Lakewood
Park Canal Control Structures Storm Water Quality Improvements; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT, at its February 14,2007 meeting, approved entering
into this AGREEMENT with the COUNTY;
NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
I. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in
Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with
their respective authorities for the project in support of the Lakewood Park Canal Control Structures.
2. The period of performance of this AGREEMENT shall commence on the date of execution of this
AGREEMENT and shall continue for a period of eighteen (18) months.
3.
The total DISTRICT contribution shall not exceed the amount of Two Hundred and Fifty Thousand
Dollars and No Cents ($250,000.00). The DISTRICT will provide the full amount based on the Payment
and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this
AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual
expenditures within the not-to-exceed AGREEMENT funding limitation of$250,000.00. In no event shall
the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration
for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year
of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the
DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate
upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the
contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT
budget for each subsequent fiscal year if funding is not approved for this AGREEMENT.
\
"\
Agreement No. 4600000621- Page I of 5
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting
of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall
report and document the amount of funds expended per month during the quarterly reporting period and the
AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total amount of Two Hundred and Fifty Thousand Dollars and No
Cents ($250,000.00) in conformity with the laws and regulations governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which
is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress
reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under
the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized through execution
of an amendment to cover succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded
through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or
transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's
Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It
is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for
any expenses or liabilities incurred under the subcontract(s).
8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but
not limited to, all documents, technical reports, research notes, scientific data, computer programs,
including the source and object code, which are developed, created or otherwise originated hereunder by
the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include
the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no
additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware
purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible
property.
9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury
and property damage attributable to negligent acts or omissions of the COUNTY and the officers,
employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's
Compensation and liability insurance, covering bodily injury, personal injury and property damage, with
such protection being applicable to the COUNTY, its officers and employees while acting within the scope
of their employment during performance of under this AGREEMENT. In the event that the COUNTY
subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and
every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required
by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the
COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless trom all
damages arising in connection with the COUNTY's subcontract.
10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28,
Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other
parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of
independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or
assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT
Agreement No. 4600000621- Page 2 of 5
without the prior written consent of the other parties. Any attempted assignment in violation of this
provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color,
creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise
subjected to discrimination in any activity under this AGREEMENT.
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and
local laws and regulations relating to the perfonnance of this AGREEMENT. The DISTRICT undertakes
no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such
laws of which it has present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days
prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY
for authorized work performed through the tennination date shall be returned to the DISTRICT within
sixty (60) days of termination.
IS. The COUNTY shall allow public access to all project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The
CI TY shall similarly require each subcontractor to maintain and allow access to such records for audit
purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and
reports directly or indirectly related to the negotiation or perfonnance of this AGREEMENT including
supporting documentation for any service rates, expenses, research or reports. Such records shall be
maintained and made available for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in
accordance with generally accepted governmental auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may be made only within five (5) years from the
expiration date of this AGREEMENT.
C. Extended Availability of Records for LelZal Disputes: In the event that the DISTRICT should become
involved in a legal dispute with a third party arising from performance under this AGREEMENT, the
COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the
final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall,
in addition to the inspection and audit rights set forth in paragraph # 16 above, maintain records and
similarly require each subcontractor to maintain and allow access to such records in compliance with the
requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as
set forth in Exhibit "C". The COUNTY shall maintain all fmanciallnon-fmancial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial Assistance (CSF A) or
the Catalog of Federal Financial Assistance (CFDA), as applicable
(3) Audit and accountability requirements for state projects as stated in the Single Audit Act and
applicable rules of the Executive Office ofGovemor, rules of the Chief Financial Officer and rules
of the Auditor General and the State Projects Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's
Agreement No. 4600000621- Page 3 of 5
Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right
to examine the COUNTY's financial and non-financial records to the extent necessary to monitor the
COUNTY's use of state or federal financial assistance and to detennine whether timely and appropriate
corrective actions have been taken with respect to audit findings and recommendations which may include
onsite visits and limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the
attention of the following individuals:
South Florida Water Management District
ST LUCIE COUNTY
Attn: Kathy LaMartina, Project Manager
Telephone No. (561) 223-2600 ext 3603
Attn: Don West, Project Manager
Telephone No. (772) 462-1485
Attn: Patrick Wienèr, Contract Specialist
Telephone No. (561) 682-6220
Address:
St Lucie County
2300 Virginia Avenue
Ft Pierce, FI 34982-5652
Address:
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not
suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and
signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors in interest.
20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties.
The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, ifrequired.
21. This AGREEMENT, and any work perfonned hereunder, is subject to the Laws of the State of Florida.
Nothing in this AGREEMENT will bind any of the parties to perfonn beyond their respective authority,
nor does this AGREEMENT alter the legal rights and remedies which the respective parties would
otherwise have, under law or at equity.
22. Should any tenn or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as
against any person, COUNTY or circumstance during the tenn hereof, by force of any statute, law, or ruling of
any forum of competent jurisdiction, such invalidity shall not affect any other tenn or provision of this
AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and
effect to the extent pennitted by law.
23. Failures or waivers to insist on strict perfonnance of any covenant, condition, or provIsion of this
AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve
the other party trom perfonning any subsequent obligations strictly in accordance with the tenns of this
AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom
enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly
to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue
through negotiation or other fonns of non-binding alternative dispute resolution mutually acceptable to the
parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and
all written or oral representations, statements, negotiations, or agreements previously existing between the
parties with respect to the subject matter of this AGREEMENT.
Agreement No. 4600000621- Page 4 of 5
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order:
(a) Tenns and Conditions outlined in preceding paragraphs 1 - 24
(b) Exhibit "A" Statement of Work
(c) all other exhibits, attachments and documents specifically incorporated herein by reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT
on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden. Director of Procurement
SFWMD Procurement Approved
Rv' ~~~
Date:
(·tg·t)l
4»1..
ST LUCIE COUNTY
By:
Title
Agreement No. 4600000621- Page 5 of 5
EXHIBIT "A"
STATEMENT OF WORK
4600000621
Lakewood Park Canal Control Structures - Stormwater Draina2e and Water Oualitv
Improvements
1. INTRODUCTION
The 1700 acre Lakewood Park Subdivision in northern St. Lucie County was originally
constructed in the 1950' s. After conducting studies to evaluate the Lakewood Park stormwater
system and the downstream Fort Pierce Farms Water Control District canals, a three phased
approach to the potential Lakewood Park improvements was outlined, to improve overall
performance of the stormwater management system.
The first phase involves improving and upgrading the primary outfall control structures for
Lakewood Park Subdivision. The structures will be designed and permitted as operable gates, to
replace the fixed crest weirs that currently exist. This improvement will give the County the
ability to lower internal canal stages prior to major storm events, and provide greater flood
protection. Likewise, during drought conditions the water could be maintained at higher levels,
to improve lake aesthetics and maintain higher groundwater levels.
The total cost of constructing the new outfall control structures is estimated at $500,000. The
County's cost share is $250,000 and the SFWMD will fund $250,000. All funds will be used for
the construction process. Additionally, the County is currently funding the design and permitting
costs in the amount of$149,190.
2. OBJECTIVES
The objective of the project is replacement of the primary water control structures with
operational gates to provide maximum flexibility for stormwater management under varying
conditions. The immediate goals of this stormwater improvement project are flood control and
groundwater recharge, accomplished by managing canal stages at optimum levels under variable
conditions.
3. SCOPE OF WORK
This project will include the bid and contract development process, demolition, and installation of sediment and
erosion controls, construction of three (3) new operational water control structures, construction inspection and
management of the construction contract. The project shall be complete within eighteen (18) months of
contract execution.
Page 1 of3
4. WORK BREAKDOWN SCHEDULE
Task 1. Quarterly Proe:ress Reoorts
The County shall submit quarterly progress reports starting three months after contract execution and
continuing to project completion.
Deliverable: One (1) copy of a progress report detailing progress relative to percent complete and
percent invoiced on a quarterly basis throughout the duration of the contract.
Task 2. Permittine: & Contract Execution
The County shall obtain necessary permits and prepare and execute bid package.
Deliverable: One (1) copy of all permits required for construction and one (1) executed construction
agreement within six months of contract execution.
Task 3. Construction
The County shall submit a quarterly report after three months of construction.
Deliverable: One (1) copy of a Progress Report detailing project progress relative to percent complete
and percent invoiced within nine months of contract execution.
Task 4. Construction
The County shall submit a quarterly report after six months of construction.
Deliverable: One (1) copy of a Progress Report detailing project progress relative to percent complete
and percent invoiced within twelve months of contract execution.
Task 5. Final Insoection
The County shall complete 100% of construction project and make final inspection of the project.
Deliverable: One (1) copy of a Progress Report after twelve months of construction, one (1) Engineer's
Certification of Completion and photographs of completed project by eighteen months of contract
execution.
Page 2 of3
"EXHIBIT Bn
PAYMENT AND DELIVERY SCHEDULE
The County shall invoice the District following submission of each deliverable in the amounts indicated
below. The County shall be responsible for submitting Quarterly Reports starting after the first quarter
following contract execution. The County shall be responsible for all aspects of managing and
completing the project as described in Exhibit A.
If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for
each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary
appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this
AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provision
sin this AGREEMENT to the contrary.
TASK DELIVERABLE SCHEDULE (time DISTRICT
from contract PAYMENT
execution)
Task 1. Quarterly One (1) copy of Every three months $0
Progress Reports progress report every starting from
quarter throughout contraction execution
the duration of the
contract.
Task 2.' Permitting & One (1) copy of 6 month $0
Construction Contract construction permits
Execution & One (1) copy of the
construction contract
Task 3. Construction One (1) copy of 9 months $100,000.00
DrOgreSS reDorts.
Task 4. Construction One (1) copy of 12 months $100,000.00
DrOgress reDorts.
Task 5. Final One (1) copy of 18 months $50,000.00
Inspection progress reports.
One (1) Engineers
Certification of
ComDletion
Total District $250,000.00
Payment
Page 3 of3
RESOLUTION NO. 07-059
A RESOLUTION ACCEPTING THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT LOCAL
GOVERNMENTAL AGREEMENT (# 4600000621)
FOR IMPROVEMENTS TO LAKEWOOD PARK CANAL
CONTROL STRUCTURES - STORMWATER
DRAINAGE AND WATER QUALITY AND
AUTHORIZING THE CHAIRPERSON TO EXECUTE
THE AGREEMENT AND FURTHER AUTHORIZING
THE COUNTY ATTORNEY TO EXECUTE THE
AGREEMENT BY APPROVING IT AS TO FORM AND
CORRECTNESS
WHEREAS, the Board of County Commissioners of St. Lucie County,
Florida, has made the following determinations:
1. The South Florida Water Management District has awarded the
County funding for Lakewood Park Canal Control Structures - Stormwater
Drainage and Water Quality Improvements (# 4600000621).
2. The Board should authorize and approve execution of the Local
Governmental Agreement with the South Florida Water Management District
for the above-referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. The Board hereby accepts and approves the Local Governmental
Agreement with the South Florida Water Management District
(#4600000621) to provide funding for Lakewood Park Canal Control
Structures - Stormwater Drainage And Water Quality Improvements
2. The Board hereby authorizes and Chairperson to execute the
above-referenced agreement and further authorizes the County Attorney to
execute the agreement by approving it as to form and correctness.
After motion and second, the vote on Resolution 07-059 was as follows:
Chair Chris Craft
Vice-Chair Joseph Smith
Commissioner Doug Coward
Commissioner Paula Lewis
Commissioner Charles Grande
PASSED AND DULY ADOPTED this
day of
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
AGENDA REQUEST
ITEM NO. Ci.-f&
DATE: February 13, 2006
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115
SUBJECT:
Change Order NO.5 to the contract with Dickerson 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 contract dollar amount, but will require an additional 39 days. (See attached memo
from contractor.)
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 win not change the contract donar 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 overaU 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.
[x APPROVED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
[ ] DENIED
COMMISSION ACTION:
[x]County Attorney
[x]Originating Dept. Public Works~'
[ ]Finance
S. 25th Widening Dickerson COS.ag.doc
¡/<f'
Do I . Anderson
County Administrator
CoordinationISianatures
(x)Mgt. & Budgett- ~ m~
(xJProg. Mgr. a&
[x]Exec. Asst.. ~Çr\1.
( JOther
DIVISION OF ENGINEERING
MEMORANDUM
TO: Board of County Commissioners
FROM: Mike Powley, County Engineer
DATE: February 13, 2006
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. LUCIE COUNTY
PROJECT: S. 25th St. Widening (Edwards Rd. - Midway Rd.)
(name, address)
CHANGE ORDER NUMBER: 5
INITIATION DATE: 1/23/07
TO (Contractor):
CONSULTANTS PROJECT NO.: N/A
ST. LUCIE COUNTY
CONTRACT NO: COS..o6-326
CONTRACT DATE: 6/28/0S
Dickerson Florida, Inc.
POBox 910
Fort Pierce, FL 34954..0910
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 Order ....... .................................... ..... ........ ................... ....... ........................ .... .................... ... ..... ............. ...... $-0-
The new (Contract Sum) including this Change Order will be............................................................................ $18,915,429.81
The Contract Time will be increased by ...................................................................................................................... (39) Days
The Date of Substantial Completion as ofthe date ofthis Change Order therefore is: 11/21/07
Funds Availabl~: Account Number 101006-4116-563000-4108
The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed
the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that
the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays
associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work
under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a
result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope
of 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 property executed. All work performed under this Change Order shall be performed in accordance with the contract specifications.
Recommended:
St. Lucie County. Enaineerina Division
Architect/Engineer
2300 Virainia Ave.. Ft. Pierce. FL 34982
Add~.dw~cA.uJ 1/23/07
By: ester Belcher, Project. Mgr. Date
Agreed To:
Authorized:
St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982
Dickerson Florida. Inc.
Contractor
By:
Date
POBox 910. Fort Pierce. FL 34954-0910
Jf& ì.QL
Approved as to Form and Correctness
/-'?/-t) 7
Date
County Attomey
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ITEM NO. C- L-JF
DATE: February 13, 2006
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
SUBJECT:
First Amendment to Work Authorization NO.4 to the contract with Inwood Consulting Engineers, Inc., for
Professional Engineering Services Roadway and Intersection Design for the Avenue J Pedestrian Bridge Project.
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
Funds will be made available in 101002-4112-563005-43105 Infrastructure Engineering
PREVIOUS ACTION:
April 25, 2006 - Board approved Work Authorization No. 4 to the contract with Inwood Consulting Engineers, Inc.,
for Professional Engineering Services Roadway and Intersection Design for the Avenue J Pedestrian Bridge Project
in the amount of $49,382.70.
RECOMMENDATION:
Staff recommends Board approve the First Amendment to Work Authorization No.4 to the contract with Inwood
Consulting Engineers, Inc., for Professional Engineering Services Roadway and Intersection Design for the Avenue
J Pedestrian Bridge Project in the amount of $10,770.48, and authorization for the Chairman to sign.
COMMISSION ACTION:
,oM APPROVED [ ] DENIED
O[ ] OTHER
Approved 4-0 County Administrator
Comm. Grande Absent 1 /'
.r COOrdina~Si~ures
[X) \jounty A[[Orney r [x] Mgt. & Budget R r'\r ~ [xlExec. Asst. RF\ '"
[xIOrig. Dept Public WO~~ . [x] Proi, Mgr. JIr~ []Purchasing
Ave J Ped Bridge wa4 a d 1 inwood.ag.doc
Anyone with a disability equiñng accommodation to attend this meeting should contact the St Lucie County Community Services Manager at
772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting.
DIVISION OF ENGINEERING
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Mike Powley, County Engineer
DATE:
February 13, 2007
SUBJECT:
First Amendment to Work Authorization NO.4 to the contract with Inwood Consulting Engineers, Inc.
Roadway and Intersection Design for the Avenue J Pedestrian Bridge Project
BACKGROUND
The attached First Amendment to Work Authorization NO.4 to the contract with Inwood Consulting Engineers, Inc.,
is for Professional Engineering Services Roadway and Intersection Design for the Avenue J Pedestrian Bridge
Project. The additional design funds are needed in order to prepare the Categorical Exclusion report and checklist
as requested by our grant partner in the amount of $2,705.00. Furthermore, new survey information has indicated
that some structural redesign is necessary in the amount of $8,065.48. Total amount of this amendment is
$10,770.48. These work items will be incorporated into the current project schedule. No additional time is
necessary.
C03-09-708
~A #4, Amend #1)
FIRST AMENDMENT TO
WORK AUTHORIZATION NO.4
Engineering Services
Roadway and Intersection Design
C03-09-708
Avenue J Pedestrian Bridge Project
Work Authorization NO.4 between St. Lucie County ("the "County") and Inwood
Consulting Engineers, Inc. (the ·Engineer") for Services related to Roadway and
Intersection Design, dated September 9,2003 (the "Agreement") is hereby amended to
provide additional design efforts and work tasks in the amount of $10,770.48. The
Engineer's additional ·Scope of Services", ·Work Compensation Sheet", and "Project
Schedule" have also been attached hereto and made a part hereof as Exhibits "A", "B",
and "C", respectively. All other terms and conditions of Work Authorization NO.4 (C-03-
09-708) shall be the same and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to Work
Authorization NO.4 (C-03-09-708) to be executed and delivered 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:
Inwood Consulting Engineers
Date:
EXHIBIT "A"
January 16, 2007
SLC-012-06
Natasha Taylor-Saenz
St Luàe County Engineering Division
2300 Virginia Avenue
2nd Roar Annex, Room 229
Ft. Pierce, Aoricla 34982-5652
Re: Supplemental # 1 Avenue J Pedestrian Bridge
St. Lucie County, Rorida
Contract No. C03-o9-708
Dear Ms. Taylor:
Inwood Consulting Engineers is please to present this supplemental agreement for necessary additional
design efforts.
The preparation of a Local Agerq Program Categorical Exdusion report and checklist. This additional
design effort will cause a change in the original SCDpe and manhours. Attached is the fee proposal for
additional work tasks. {Total net inaease of $2,705.00}
The original SCDpe called for the 59' 2" bridge length. With final survey and the placement of the existing
topography and profile of the canal, it was determined that a 100' bridge length is necessary to span the
canal. Infrastructure Engineers, Inc is on the Inwood Team to perform the structural design construction
plans of the pedestrian overpass bridge. Attached is the fee proposal for structural redesign work task.
{Total net incræse of $8, 065. 48}
The total net increase of this Supplemental #1 Request is $10,770.48.
We appreciate very much the County's consideration of this request. Should you have any questions or
comments or need further explanation, please contact me at 407-971-8850.
Very truly yours,
INWOOD CONSULTING ENGINEERS, INC.
~ .;Jf:~
Janet W. Middleton, P.E. .
Project Manager
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ITEM NO. C4G
DATE: February 13, 2007
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
SUBJECT:
Work Authorization No. 11 to the Consultant Agreement (C04-11-622) for Coastal Engineering Services with Taylor
Engineering, Inc., for Indian River Drive Revetment Repair/Replacement Feasibility Study.
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE: Funds will be made available in 101003-41134-531000-4264 Transportation Trust-Local
Option and 316001-41134-531000-4264 Transportation Capital-Local Option Drainage
PREVIOUS ACTION: n/a
RECOMMENDATION:
Staff recommends Board approve Work Authorization No. 11 to the contract with Taylor Engineering, Inc., for Indian
River Drive Revetment Repair/Replacement Feasibility Study in the amount of $46,298, and signature by the
Chairman.
'w APPROVED
"r 1 OTHER
Approved 4-0
Comm. Grande Absent
[ ] DENIED
E:
COMMISSION ACTION:
Do 91 Anderson
County Administrator
/
h~M
[x] County Attorney
[ ] Pro¡. Mgr.
1100 n River Dr.ag.doc
[]ERD
[x]Orig. Dept. Public Works
Taylor Engineering wa11
DIVISION OF ENGINEERING
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Mike Powley, County Engineer
DATE:
February 13, 2007
SUBJECT:
Work Authorization No. 11
Indian River Drive Revetment Repair/Replacement Feasibility Study
BACKGROUND
Attached is Work Authorization No. 11 to the Consultant Agreement (C04-11-622) for Coastal Engineering Services
with Taylor Engineering, Inc., for Indian River Drive Revetment Repair/Replacement Feasibility Study.
The attached proposal outlines the tasks necessary to perform a feasibility study to develop cost-feasible
alternatives on about 3,000 ft. of shoreline along Indian River Drive that was not repaired during the hurricane
repairs. Total cost of this work authorization is $46,298.
C-04-11-622
(WA#11)
WORK AUTHORIZATION NO. 11
Professional Services Related to the Indian River Drive Revetment Repairl
Replacement Feasibility Study
Pursuant to that certain Consultant Agreement between the St. Lucie County (the
"County") and Taylor Engineering, Inc. (the "Consultant") dated November 23, 2004 and
amended on December 12, 2006 (the "Agreement"), Consultant agrees to perform and
successfully complete the scope of work as set forth in the Consultant's "Scope of
Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made
a part thereof as Exhibits "A", "B", and "C", respectively. The District agrees to
compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in
accordance with Exhibit "C".
The Consultant also agrees to abide by the conditions and requirements of DEP
Agreement No. 06SL 1 .
IN WITNESS WHEREOF, the District has as hereunto subscribed and the
Consultant has affixed his, its, or their names, or name, on the dates below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
COUNTY ADMINISTRATOR
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES:
TAYLOR ENGINEERING, INC.
BY:
Print Name:
Title:
Date:
H:/MSWORDIMISCfTAYlORWA10,2006
E N G
N C
T' A Y LOR
-
-
-
-
-
-
-
-
-
-
NEE R
N G
January 31, 2007
Mr. Michael Powley, P.E.
County Engineer, St. Lucie County
2300 Virginia Avenue
2nd Floor Annex, Room 229
Ft. Pierce, FL 34982-5652
Re: Indian River Drive Revetment Repair/Replacement Feasibility Study
Dear Mr. Powley,
On behalf of Taylor Engineering, I am pleased to provide St. Lucie County with this
proposal to perfonn a feasibility study to repair or replace about 3,000 ft of revetment along
Indian River Drive on the Indian River Lagoon west of the Port St. Lucie Nuclear Power
Plant. Attachment A contains our proposed Scope of Services. We propose to perfonn the
work on a fixed fee basis for a total of $37,000. In addition, we will contract Morgan and
Eklund, Inc. to perfonn a survey at the site for $9,300. The total cost to St. Lucie County will
be $46,300.
We can begin work on this project immediately upon receiving a task order under our
existing contract with St. Lucie County for Coastal Engineering Services. We propose
completing the feasibility study portion of this work within four months from a written notice
to proceed. Thank you for this opportunity to serve St. Lucie County. We look forward to
working with you on this interesting project. Please call me or Mike Krecic if you have any
questions about this proposal.
:ljg
Attachment
FEB-
9000 CYPRESS GREEN DR SUITE 200 JACKSONVILLE Fl 32256 TEL. 904 731 7040 FAX 904 7319847
L\PROPOSAI...\P2007-0:2Indìan River Drive Revetment Replacement Feasibility Study\P:!007.022 Indian Rivcr Drive Scope. doc
EXHIBIT "A"
Problem Understanding
The project area extends approximately one-half mile along the Indian River Drive, St. Lucie
County, Florida from the landfall of the northern most power line across the Indian River Lagoon from
the Port St. Lucie Nuclear Power Plant southward. The existing revetment protecting the roadway
requires extensive repair or replacement and St. Lucie County would like Taylor Engineering to explore
alternative shore protection options.
SCOPE OF SERVICES
Task 1: Hydrographic/Topographic Field Surveying
Morgan & Eklund, Inc., under subcontract to Taylor Engineering, will collect hydrographic and
topographic data along shore normal cross sections for 3,300 ft along the shoreline extending south from
the northern most power line landfall point. The cross sections will extend approximately 3,000 ft from
the shoreline to the channel in the Intracoastal Waterway (ICWW).
Task 2: Natural Resource Survey
Taylor Engineering will perform a preliminary natural resources survey of the project site through
a literature review. The survey will focus primarily on identification of sensitive natural resources such as
oyster beds, wetland communities, and threatened and endangered species. The review will evaluate
potential problems for the permitting process and estimate the requirements and cost of the actual
permitting effort.
Task 3: Environmental Forcing Calculations
Taylor Engineering will calculate storm surge and wave conditions at the project site for 5-, 10-,
50-, and 100-year return period storms. We will base our calculations on existing, public-domain data
from various sources including the Florida Department of Environmental Protection (FDEP), the Federal
Emergency Management Agency (FEMA), and the National Oceanic and Atmospheric Administration
(NOAA). Taylor Engineering will develop rough estimates of storm surge elevations and storm water
velocities at the site based on existing information. These calculations will serve to determine appropriate
design conditions for the alternatives covered in Task 4.
Task 4: Alternatives Analysis
Taylor Engineering will analyze three shoreline stabilization scenarios. The first will consider a
rock revetment designed for low probability storm events (e.g. 50- and 100-yr return periods). The second
scenario will consider both rock and articulated block revetments for high probability events (e.g. 5-yr
return period storms). The last alternative will include estimating the cost of extending the existing armor-
flex revetment, but will not evaluate its effectiveness.
For the first two alternatives we will consider storm surge, wind wave and boat wake
propagation, and level of protection to appropriately size the stone. For all three alternatives, we will
develop typical cross sections based on site conditions and estimate the cost of each alternative based on
the quantity of material and standard construction costs. The typical section will include our
1
recommended number and size of rock layers (dependent on native soil conditions), slope, toe protection,
and crest elevation. Additionally, we will examine wave runup and overtopping.
Task 5: Report
Taylor Engineering will prepare two (2) hardcopies and one (I) digital copy of a draft report
documenting the methods, analyses, and results of the study. Upon receiving comments on the draft
report, we will incorporate them to the maximum extent possible and submit two (2) hardcopies and one
(I) digital copy of the final report.
Task 6: Coordination
We have budgeted for two meetings for two personnel to coordinate with St. Lucie County
officials in Ft. Pierce.
END - SCOPE OF SERVICES
2
EXHIBIT B
TAYLOR ENGINEERING, INC.
COST SUMMARY BY TASK
P2007-022: INDIAN RIVER DRIVE SHORELINE PROTECTION FEASIBILITY STUDY
TASK 1: HydrographicITopographic Field Surveying
Labor Hours Cost ($) Task Totals
Senior Professional 3.0 342.00
Senior Technical Support 2.0 164.00
Administrative Support 1.0 52.00
Total Man-Hours 6.0
Labor Cost 558.00
Non-Labor Units Cost ($)
Mrogan & Eklund Services 1.0 9,300.00
Total Non-labor Cost 9,300.00
Total Task 1 $ 9,858.00
TASK 2: Environmental Permit Evaluation
Labor Hours Cost ($) Task Totals
Vice President 1.0 162.00
Director 2.0 278.00
Senior Professional 10.0 1,140.00
Project Professional 18.0 1,800.00
Senior Editor 2.0 196.00
Senior Technical Support 3.0 246.00
Staff Technical Support 1.0 62.00
Administrative Support 3.0 156.00
Total Man-Hours 40.0
Labor Cost 4,040.00
Non-Labor Units Cost ($)
Car rental 2.0 150.00
Days per diem 4.0 200.00
Hotel 2.0 240.00
Total Non-labor Cost 590.00
Total Task 2 $ 4,630.00
EXHIBIT B
P2007-022: INDIAN RIVER DRIVE SHOREUNE PROTECTION FEASIBILITY STUDY
TASK 3: Environmental Forcing Calculations
Labor Hours Cost ($) Task Totals
Vice President 2.0 324.00
Director 4.0 556.00
Senior Professional 40.0 4,560.00
Project Professional 16.0 1,600.00
Total Man-Hours 62.0
Labor Cost 7,040.00
Non-Labor Units Cost ($)
Car rental 2.0 150.00
Days per diem 2.0 100.00
Hotel 1.0 120.00
T ota, Non-Labor Cost 370.00
Total Task 3 $ 7,410.00
TASK 4: Alternatives Analysis
Labor Hours Cost ($) Task Totals
Vice President 2.0 324.00
Director 5.0 695.00
Senior Professional 40.0 4,560.00
Project Professional 27.0 2,700.00
Senior Technical Support 40.0 3,280.00
Administrative Support 6.0 312.00
Total Man-Hours 120.0
Labor Cost 11,871.00
Total Task 4 $ 11,871.00
TASK 5: Documentation
Labor Hours Cost ($) Task Totals
R. Bruce Taylor, Ph.D. 2.0 490.00
Vice President 4.0 648.00
Director 3.0 417.00
Senior Professional 24.0 2,736.00
Senior Editor 8.0 784.00
Senior Technical Support 8.0 656.00
Administrative Support 4.0 208,00
Total Man-Hours 53.0
Labor Cost 5,939.00
Total Task 5 $ 5,939.00
EXHIBIT B
P2007 -022: INDIAN RIVER DRIVE SHORELINE PROTECTION FEASIBILITY STUDY
TASK 6: Coordination
Labor Hours Cost ($) Task Totals
Vice President 8.0 1,296.00
Senior Professional 21.0 2,394.00
Project Professional 21.0 2,100.00
Total Man-Hours 50.0
Labor Cost 5,790.00
Non-Labor Units Cost ($)
Car rental 6.0 450.00
Days per diem 7.0 350.00
Total Non-Labor Cost 800.00
Total Task 6 $ 6,590.00
Project Total $ 46,298.00
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LINE-TO-LINE TRANSFER REQUEST
DEPARTMENT: ENGINEERING 07-50
DATE: 2/2/07
TO: 101003-41134-531000-4264 Indian River Dr. Oufall $38,257.00 $0
- Prof. Services
316001-41134-531000-4264 Indian River Dr. Oufall $8,041.00 $0
- Prof. Services
FROM 101003-41134-563000-4264 Indian River Dr. Oufall $38,257.00 $38,257
- Infrastructure
316001-41131-563000-43033 $8,041.00 $53,243
- Infrastructure
REASON FOR TRANSFER:
$46,298.00
Establish fundin as scheduled for Board a roval on 2/13/07.
CONTACT PERSON:
DEPARTMENTAL APPROVAL:
OMB APPROVAL:
ADMINISTRATION APPROVAL:
~rdt 1
. od halhr-¥
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PHONE #:
1708
OMB NOTES:
#VALUE!
INPUT DATE:
LlNE-TO-LlNE TRANSFER #:
INPUT BY:
DOCUMENT #:
AGENDA REQUEST
ITEM NO. C-4H
Date: February 13, 2007
TO: BOARD OF COUNTY COMMISSIONERS
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
PRESENTED BY:
(~~t:~
Public Works Director
-
SUBMITTED BY (DEPT): PUBLIC WORKS
SUBJECT: Approval of the Sovereign Submerged Lands easement with the Florida Department of
Environmental Protection for the Fort Pierce Beach project.
BACKGROUND: The attached draft Sovereign Submerged Lands easement with the Florida
Department of Environmental Protection (FDEP) provides for the use of an offshore borrow site for
the dredging of beach quality material to be placed on Ft. Pierce beach. A similar easement was
approved for previous renourishments. This easement will coincide with the issuance of the new
permit.
FUNDS: N/A
PREVIOUS ACTION:
June 13, 2006: Board approved W.A. #9 with Taylor Eng. for Design & Permitting of Ft. Pierce Beach
RECOMMENDATION: Staff recommends Erosion District Board approval of the draft Sovereign
Submerged Lands easement with Florida DEP, contingent upon review and approval of the final
easement by the County Attorney, and execution of said easement by the Chairman.
COMMISSION ACTION:
'W APPROVED
"[ ] OTHER:
Approved 4-0
Comm. Grande Absent
[ ] DENIED
E:
D gl Anderson
County Administrator
[x]County Attorney
[x]Originating Dept. Public Works~ .
~
Coordlnation/Sianatures
[ ]Mgt. & BUdget []Fiscal Coordinator
[x]Erosion District f) 1la []Finance Department (Grants)
~
~
This Instrument Prepared By:
Brent Branninl!
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
~DRAFT
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT MODIFICATION TO INCREASE SQUARE FOOTAGE
NO. 31017
BOT FILE NO. 560226706
PA NO. 0269646-001-JC
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida, hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely perlonnance of and compliance with the tenns and conditions stated
herein, the Grantor does hereby grant to St. Lucie Countv. Florida. hereinafter referred to as the Grantee, a nonexclusive
easement on, under and across the sovereign lands, if any, contained in the following legal description:
A parcel ofsubmerged land in Sections 01. 06 and 07,
Township 3S South, Ranges 40 and 41 East. in the Atlantic Ocean.
St. Lucie County, as is more particularly described
and shown on Attachment A, dated November 24. 2006.
TO HAVE THE USE OF the hereinabove described premises from Februarv 16.2007. the effective date of this
modified easement. The tenns and conditions on and for which this easement is granted are as follows:
I. USE OF PROPERTY: The above described parcel ofland shall be used solely for a borrow area for beach
nourishment/restoration and Grantee shall not engage in any activity except as described in the Department of Environmental
Protection, Consolidated Joint Coastal Penn it No. 0126215-00 I-JC. dated Mav II. 1998. Modified Pennit No. 0126215-002-
JC, dated March 19. 2003. and the Department of Environmental Protection, Consolidated Joint Coastal Pennit No. 0269646-
OOI-JC, dated February 16.2007. incorporated herein and made a part of this easement by reference. All of the foregoing
subject to the remaining conditions of this easement. '
2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules
provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by
such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from
the Department, whichever is later. All fees charged under this provision shall be prospective in nature; Le. they shall begin to
accrue on the date that the amended rules become effective.
3. WARRANTY OF TITLE/GUARANTEE OF SUIT ABILITY OF USE OF LAND: Grantor neither warrants title
to the lands described herein nor guarantees the suitability of any of the lands for any particular use.
4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly interlere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is
nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parties during the tenn of this easement.
7. RIGHT TO INSPECT: Grantor, or Its duly authorized agent, shall have the right at any time to inspect the works
and operations of the Grantee in any matter pertaining to this easement.
8. INDEMNIFICA TIONIINVESTIGA TION OF ALL CLAIMS: The Grantee shall investigate all claims of every
nature at its expense, and shall indemnifÿ, defend and save and hold harmless the Grantor and the State of Florida from all
claims, actions, lawsuits and demands arising out of this easement, which do not arise out of or result from the negligent acts
of omissions of Grantor. '
[ 40]
9. VENUE: Grantee waives venue as to any litigation arising ûom matters relating to this easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any
assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
II. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide
by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee,
its successors and assigns. . In the event the Grantee fails or refuses to comply with the provisions and conditions herein set
forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the
Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the
Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid
by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be
sufficient if sent by U.S. Mail to the following address:
St. Lucie County
Attn: Richard Bouchard
2300 Virginia Avenue, 2ad Floor Annex, Room 229
Ft. Pierce, FL 34982
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
change is effective.
12. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this easement which result ûom the grant of this easement or the activities of Grantee hereunder.
13. REMOVAL OF STRUCTURES/ ADMINISTRATIVE FINES: If the Grantee does not remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in
Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to
all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
16. AMENDMENTIMODIFICATIONS: This easement is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
18. ADDITIONAL STRUCTURES OR ACTIVITIESÆMERGENCY STRUCTURAL REPAIRS: No additional
structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major
repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written
consent ûom the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor,
such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject
the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be
undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as
is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement.
19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have
satisfactory evidence of sufficient upland interest as defined in Rule 18-21.003, Florida Administrative Code, to the extent
required by paragraph l8-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this
easement. Ifat any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty,
submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this
easement shall revert to and vest in the Grantor immediately and automatically.
Page ..L of _ Pages
Easement No.
WITNESSES:
Original Signature
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
BY:
Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, Department ofEnvironmentaI
Protection, as agent for and on behalf of the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida
"GRANTOR"
The foregoing instrument was acknowledged before me this _ day of . 20-, by
Jeffery M. Gentrv. Ooerations and ManaJ!ement Consultant Manager. Bureau of Public Land Administration. Division of State
Lands. DeDartment of Environmental Protection. as aszent for and on behalf of the Board of Trustees of the Internal ImDrovement
Trust Fund of the State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
DEP Attorney
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
WITNESSES:
Original Signature
Typed/Printed Name of Witness
Original Signature
TypedlPrinted Name of Witness
STATE OF
COUNTY OF
St. Lucie County. Florida
By its Board of County Commissioners
(SEAL)
BY:
Original Signature of Executing Authority
Chris Craft
TypedlPrinted Name of Executing Authority
Chainnan
Title of Executing Authority
"GRANTEE"
The foregoing instrument was acknowledged before me this day of . 20_, by
Chris Craft as~, for and on behalf of the Board of County Commissioners of St. Lucie County. Florida. He is personalJy
known to me or who has produced . as identification.
My Commission Expires:
Commission/Serial No.
Page --L of _ Pages
Easement No.
Notary Signature
Notary Public, State of
Printed, Typed or Stamped Name
AGENDA REQUEST
ITEM NO. C
lff
DATE: February 13, 2007
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
PRES~NTED BY:
SUBMITTED BY(DEPT): ENGINEERING DEPT
SUBJECT: Airport Industrial Park MSBU - Sanitary Sewer Improvements (FPUA)
Approval of Work Authorization NO.1 to the Agreement for Continuing Engineering Services with Inwood
Consulting Engineers, in the amount of $74,419.00 to provide a revision to the original sewer system
design.
BACKGROUND:
See attached memorandum
FUNDS AVAIL:
39004-4115-531000-38012 -Transportation Trust Interlocals-Public Works
Engineering
PREVIOUS ACTION:
March 11, 2003 - Board approved Budget Resolution 03-50 to
appropriate and expend the funds from the Airport Industrial
Wastewater St. Lucie project Grant in the amount of $788,000.
February 6, 2007 - Board approved Budget Resolution 07-057 to
approve appropriation and expenditure of funds and drawdown an
interim loan from the Suntrust Line of Credit
RECOMMENDATION:
Staff recommends approval of Work Authorization No. 1 to the Agreement for Continuing Engineering
Services with Inwood Consulting Engineers, in the amount of $74,419.00 to provide a revision to the
original sewer system design, and authorization for Chairman to execute the Work Authorization.
COMMISSION ACTION:
i~ APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
D uglas M. Anderson
County Administrator
[x]County Attorney
[x]Public Works Dir
~/
(Þ-¥ .
CoonIl..OonlS;'","", ~
[x]Mgt. & Budget f... ~
[x]MSBU Coor KP
[ ]Purchasing
[ ]Finance
[ ] Eng Proj Mgr
COMMISSION REVIEW: February 13, 2007
ENGINEERING MEMORANDUM
MSBU Memo No. 07-009
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Michael V. Powley, County Engineer MVp
January 24, 2007
Airport Industrial Park M.S.B.U. - Sanitary Sewer Improvements (FPUA)
Approval of Work Authorization No.1, to the Agreement for Continuing
Engineering Services with Inwood Consulting Engineers to provide a revision
to the original sewer system design
BACKGROUND
On November 4, 2000 - Board approved W.A. with Inwood Engineers to design a sanitary
sewer system (SLCU) for proposed Airport Industrial Park MSBU.
October 8, 2002 - Board accepted the grant from the Florida Department of Environmental
Protection in the amount of $788,000.00 for the planned wastewater improvements at the
existing Airport Industrial Park.
On March 11, 2003 - Board approved Budget Resolution 03-50 to appropriate and expend
the funds from the Airport Industrial Wastewater St. Lucie project Grant in the amount of
$788,000.
Since the Airport Industrial Park in within FPUA's Service Area, the system will be re-
designed for direct connection to FPUA.
February 6, 2007 - Board approved Budget Resolution 07-057 to appropriate and expend
funds and to drawdown an interim loan from the Suntrust Line of Credit
Staff proposes to retain the professional services of Inwood Consulting Engineers to re-
design the sanitary sewer system (FPUA).
RECOMMENDATION
Staff recommends approval of Work Authorization No. 1 to the Agreement for Continuing
Engineering Services with Inwood Consulting Engineers, in the amount of $74,419.00 to
provide a revision to the original sewer system design, and authorization for Chairman to
execute the Work Authorization.
Attachment (1)
c: Staff concurring
G:\ENG\MSBU\WORD\MSBU Projects\Airport lod Park\AGA-CDM Assmt Services.doc
~_..h;J';" . 'F .,
CåUNTY ~.'
f LOR I D A '.....
WORK AUTHORIZATION NO. 01
CONTRACT C06-12-784
FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES
THIS WORK AUTHORIZATION is made as of the _ day of
, 2007, by
and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as the "County" and INWOOD CONSULTING ENGINEERS,
hereinafter referred to as the "Consultant".
WIT N E SSE T H:
WHEREAS, on December 12, 2006, the COUNTY entered into a Consulting
Agreement (Contract No. C06-12-784) hereinafter referred to as "Contract" with the
CONSULTANT to provide continuing professional engineering services; and,
WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the
professional services as outlined in this individual work authorization; and,
NOW, THEREFORE, in consideration of their mutual promises made herein, and for
other good and valuable consideration, receipt of which is hereby acknowledged by each
party, the parties who are legally bound, hereby agree as follows:
1 . PROJECT:
The COUNTY has determined that it would like to complete a project described
below:
Airport Industrial Park Wastewater System Improvements Revision to original design
(hereinafter referred to as "the Project".)
2. SERVICES:
The COUNTY has determined that it would like to utilize the services of the
CONSULTANT in the completion of the Project, to provide professional engineering
Page 1 of 3
services for the Project under the pricing, terms and conditions of the continuing contract
(C06-12-784). The services to be provided by CONSULTANT on the Project shall be for
those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to
the schedule attached hereto as Exhibit US" which are attached hereto and made a part of
this work authorization and incorporated herein.
3. COMPENSATION:
The cost to perform all services as described in the attached Scope Of Services
shall be billed on an hourly basis, and shall not exceed a total amount of seventy four
thousand four hundred nineteen and 00/100 dollars ($74,419.00), as further detailed in
Exhibit "A".
4. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the Continuing
Contract shall remain in full force and effect.
5. TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto
that the time of completion is an essential condition of this Contract, time being of the
essence.
b. Consultant shall commence work per the written Notice to Proceed, and shall
complete all work within the time specified, as further described in Exhibit "A".
d. The period herein above specified for project completion may be extended by
such time as shall be approved by the County Administrator or her designee, or the
Contract may be cancelled by the County Administrator with the County invoking all rights
and remedies thereof.
e. Where any deductions from or forfeitures of payment in connection with the
work of this Contract are duly and properly imposed against the CONSULTANT, in
accordance with the terms of the Contract, State Laws, governing ordinances or
regulations, the total amount thereof may be withheld from any monies due or to become
due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken
as payment in such amount.
Page 2 of 3
IN WITNESS WHEREOF. the parties hereto have executed this Addendum in
multiple copies, each of which shall be considered an original on the following dates.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY. FLORIDA
BY:
CHAIRMAN
CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES:
~1dWf
,~{]~
INWOOD CONSUL TlN~INEERS
BY:~~~. ~
Print Name: _I::b.v;d 6-. L!olelNi...,
Title: Vic~ 1'fu.;del"lt-
Page 3 of 3
Exhibit IIA"
Engineering Services Proposal
for
AIRPORT INDUSTRIAL PARK WASTEWATER SYSTEM IMPROVMENTS
REVISIONS TO ORIGINAL DESIGN
ST. LUCIE COUNTY ENGINEERING DEPARTMENT
January 23, 2007
INTRODUCTION
Under a previous work order, St. Lucie County (the "County") retained Inwood Consulting
Engineers (the "Engineer") to perform design, permitting, and public involvement services to
implement wastewater system improvements at the Airport Iildustrial Park located on 'the southeast
side of the St. Lucie County International Airport. The proposed wastewater improvements included
approximately 16,000 feet of 8-inch, lO-inch, and 12-inch sanitary sewers, a standard duplex
submersible pump station, and 1,800 feet of 6-inch force main.
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Under the original design of the system improvements, all of the wastewater flow from the Airport
Industrial Park was to be collected to an existing master sanitary pump station located on Industrial
Avenue 3. The master pump station cWTently pumps the wastewater via a 6-inch force main to the
Fairwinds Golf Course Wastewater Treatment Facility (WWTF), which has a pennitted three month
average daily flow (TMADF) capacity of 22,300 gallons per day (gpd).
The objective of the redesign is to collect the wastewater flows from the Airport ~dustrial Park to a
proposed pump station and convey the flows via a proposed force main on Industrial A venue 3 and
then on Martin Luther King, Ir. Boulevard (25111 Street) to a 16-inch force main on U.S. 1 owned and
maintained by the Fort Pierce Utilities Authority (FPUA). The system will ultimately be turned over
to FPUA and therefore, will be designed to conform to their standards.
Engineering services described in this proposal will include the improvements in the original
proposal plus an additional master pump station on Industrial Avenue 3 and approximately 5,000
additional feet of sanitary force main. The size of the force main from the pump station on Industrial
Avenue 3 to U.S. 1 wilJ be determined byFPUA.
The fee proposal outlined below presents the scope of work, estimated fees, and completion schedule
. for the necessary engineering services related to the final design, preparation of contract documents,
permitting, bidding assistance, and construction observation of the proposed sewer system
improvements.
-1-
SCOPE OF SERVICES
1. ReevaJuation or Pipe Alignment
The Engineer will conduct a field investigation of the pipe conidors and reevaluate the alignment for
each segment of gravity sewer pipe. Alignments will be selected to minimize conflicts with existing
structures and utilities and facilitate connections to existing building sewer pipes and septic tanks.
Vertical alignments will be evaluated to minimize the depth of cut required to install the collection
system. The pipe location data will be used to determine the best location for proposed sanitary
sewer laterals at lots with existing buildings.
2. Reevaluation of Wastewater F10w GeneratioDS
The Engineer will reevaluate the wastewater collection basins to detennine the average daily and
peak hour flows. The evaluation will include determining maximum potential building areas for each
parcel in the Airport Industrial Park based on local setback and other site development requirements.
Wastewater flow determinations will be based on the applicable FPUA standards.
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3. Design of Proposed Pump Stations
The Engineer will design two proposed pump stations, one located on Industrial Ayenue 3 and one
located on West Dixie Boulevard. The design will include the following criteria:
· Determining the operating criteria at both stations with respect to pumping rates and head
conditions.
· Confonnance of the pump stations with FPUA standards.
· Confonnance of the pump stations with current Florida Department of Environmental
Protection (FDEP) requirements with respect to emergency power and other design criteria.
4. Design of Force Mains
The Engineer will evaluate the proposed force mains from the proposed pump stations. The
evaluation will include routing and sizing analyses for the force mains. Following the evaluation, the
Engineer will coordinate with FPUA to receive input regarding any desired upsizing of the force
main from the pump station on Industrial Avenue 3 to U.S. 1. A preliminary design report will be
developed that win summarize the force main analyses, including figures that will depict the
proposed force mains.
Following the design of the proposed pump stations and force mains, the Engineer will provide
recommendations in a technical memorandum.
-2-
5. Preparation of Construction Drawings
The Engineer will review the existing construction drawings and revise as necessary to depict and
describe the wastewater system construction in a clear and concise manner. Additional drawings will
be prepared for the proposed force main in the 25th Street (Martin Luther King, Jr. Boulevard)
corridor. Six (6) additional sheets are anticipated for the proposed force main. The Drawings will be
prepared in Microstation using an II" x 17" drawing format. The plan and profiJe drawings will be
prepared at a 1" = 4O-foot scale. The following sheets are anticipated to be included in the Drawing
set.
a.
b.
c.
d.
e.
f.
g.
Cover sheet
General InfOIIIlation and General Notes Sheets (2 sheets)
Plan and Profile Sheets. (23 sheets @ 1"=40' scale)
Proposed Pump Station Site Plans (2 sheets)
Pump Station Detail Sheet (1 Sheet)
Miscellaneous Details (3 sheets)
Electrical Plans (2 sheets)
I
The Engineer will submit two (2) sets of drawings and specifications. to the County for review at the
75% and 100% completion levels. The County wil1 review the drawings and specifications and
provide review comments to the Engineer. The Engineer will address all County comments.
6. Preparation of Speclftcations
The Engineer will review the technical specifications. bid form, and measurement and payment
section for the original design and update these items as necessary to meet FPUA standards. The
technical specifications and related documents will be packaged with the County's standard front-
end documents for the construction contract.
7. Preparation of Permit Applications
The Engineer will prepare and submit applications for an FDEP Notification/Application for
Constructing a Domestic Wastewater Collectiontrransmission System and anFDOT Utility Permit.
The County will pay all permit fees directly.
8. Quantities, Bid Forms, and Cost Estimates
The Engineer will perform detailed quantity take-offs and prepare a bid fann and a cost estimate for
the construction at the 75% and 100% completion levels. The bid form will include pay item
numbers using the FDOT's cUlTCnt pay item structure.
9. Coordinate Geotechnical Investigations
The Engineer will coordinate and provide the services of a qualified geotechnical engineer to
perfonn soil investigations for the proposed wastewater system improvements. The Engineer will
-3-
review soils reports for the project to ensure that the project and County needs are met. Where
¡appropriate, the soils investigation data will be incorporated into the contract documents.
; ,
¡ ¡
10. Coordinate Land Surveying Services
The Engineer will coordinate and provide the services of a qualified professionaIland surveyor to
pedonn surveying and mapping services necessary for the design survey to generate base sheets for
development of the constIUction plans. The survey will consist of both sides of the Martin Luther
King, Jr. Boulevard corridor from Industrial Avenue 3 to U.S. I; the existing survey infonnation
from the original design will be used for the areas in the Airport Industrial Park. The Engineer win
review the survey drawings for the project to ensure that the project and County's needs are met.
11. CoordlnationIMeetings
The Engineer will coordinate the work elements of this project with the County as described herein
and will attend three meetings during design phase; at project initiation, at one intermediate design
completion level, and at 100% submittaI review.
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12. Coordination with FPUA
Because the system will ultimately be turned over to FPUA, the Engineer will submit drawings and
specifications to FPUA concUIIent with the submittaIs to the County. Two (2) sets of drawings and
specifications will be submitted to FPUA at the 75% submittal milestone and three (3) sets of
drawings and specifications will be submitted to FPUA at the 100% submittal milestone.
In addition, the Engineer will coordinate with FPUA to obtain the hydraulic operating conditions at
the point of connection with FPUA's force main on U.S. 1. The operating conditions will be for
when the new force main is connected to the FPUA force main and for ultimate build-out conditions.
13. Attend Public Meetings
The Engineer will attend two infonnal meetings and two public hearings to infoon property owners
about the project and the construction schedule. The County will" coordinate and schedule the
meetings, including preparing meeting announcements and ammging for meeting facilities.
14. Bidding Assistance
The Engineer will answer questions from bidders, provide clarifications, and prepare technical
responses to be included in addenda. The technicaI responses will be submitted to the County. The
County will package the technical responses into addenda documents and provide a copy of the
addenda to all plan holders.
The Engineer will perfonn a bid evaluation after receipt of the bids. This bid evaIuation will include
a tabulation of bids, plus a detailed review of the bid package from the lowest bidder. The review of
the lowest responsive bid will include an inspection of the bid package for completeness, eITOrs and
-4-
omissions, evaluation of the listed experience on similar projects, evaluation of other submitted data
and review of the references of the lowest bidder. Following bid evaluation, the Engineer wiIJ
prepare and submit a recommendation of contract award to the County.
15. Construction Observation
For the duration of the project, commencing from the time which the Contractor begins construction
activities at the site, the Engineer wiIJ observe the construction activities and progress for compliance
with the Contract Documents and inform the County of observed deficiencies. The Engineer's
frequency of observation during construction will be detennined by the Engineer such that helshe
will have adequate knowledge of the construction to sign FDEP Certifications of Completion and
construction closeout documents.
ST. LUCIE COUNTY RESPONSmlLITIES AND ACTIVITIES
81. Lucie County will provide the following information or wiI1 perform the following activities:
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1. Acquisition of any required utility ~ements from owners of property encroached by any
proposed utility lines and negotiations related thereto.
2. Provide available "as-built" drawings for related existing water mains and force mains and
County owned wastewater facilities.
3. Review of the Contract Documents at the 75% and 100% design levels and submittal of
review comments to the Engineer.
4. Provide available legal descriptions of existing utility easements, as necessary.
5. Provide project standard front:end documents for the project manual.
6. Scheduling, arranging, advertising, and notifications for pu~lic meetings
FPUA RESPONSffiILITIES AND ACTMTmS
The Fort Pierce Utility Authority wiIJ provide the following information or will perform the
foIIowing activities:
1. Provide input on the desired upsizing of force mains.
2. Provide hydraulic grade line information at the point of connection of the proposed force
main on Martin Luther King Jr. Boulevard to the FPUA force main on U.S.!.
3. Review of the Contract Documents at the 75% and 100% design levels and submittal of
review comments to the Engineer.
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,
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SCHEDULE
The services described above wiJJ be completed in accordance with the folIowing summary.
1. Submittal of Contract Documents at 75% completion will be within 90 days after receiving
Notice to Proceed
2. Submittal of Contract Documents at 100% completion will be within 30 days after receiving
the County's review comments for the 75% plans.
******
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I
I
A Microsoft Project Gantt Chart of the schedule is provided on the next page that details start and
finish dates for project milestones.
COMPENSATION
Compensation to the Engineer for services perfonned under this fee proposal will be in accordance
with the lump sum method. The total lump sum amount to be paid to the Engineer as compensation
for engineering services is $74,419.
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AGENDA REQUEST
ITEM NO. C4:]
DATE: February 13, 2007
REGULAR [ ]
PUBLIC HEARING [
CONSENT[X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
VtJYv
Donald Pauley
Road & Bridge Manager
SUBMITTED BY (DEPT): ROAD & BRIDGE DIVISION
SUBJECT:
Request approval of Change Order NO.1 in the amount of $179,382.50 to complete the
Lakehurst Ditch canal embankment restoration project (C06-02-168).
BACKGROUND:
Change Order NO.1 in the amount of $179,382.50 is for the installation of Rubble Rip Rap in the
Lakehurst Ditch to slow run off and prevent future erosion. As a result of Hurricane Wilma, the
canal along portions of Lakehurst Drive had been severely eroded, specifically between Sandia
Drive and Airoso Boulevard. The original project was to reshape and pin-sod the bank. This was
completed in May of 2006. USDA Natural Resources Conservation Service will not approve the
project until Rubble Rip Rap is placed in the bottom of the ditch to stabilize the bank. USDA
Natural Resources Conservation Service will fund 75% of the total project.
FUNDS AVAilABLE:
102001-3725-563000-42512 Stormwater MSTU Capital budget NPDES
PREVIOUS ACTION:
February 28, 2007 - Approval of Agendas C-11 Band 11-C
January 9,2007 - Approval of Agenda C-12
RECOMMENDATION:
Approve Change Order NO.1 in the amount of $179,382.50 to complete the Lakehurst Ditch
canal embankment restoration project (C06-02-168).
COMMISSION ACTION:
'þcq APPROVED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
[ ] DENIED
D ugl M. Anderson
County Administrator
[XICo"myA~
[ X ] Public Works Dept ~ .
[ X ] Finance
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services
Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting.
[ X I Mgt. & Budge
[ X I Co. Engineer
[XI Purchasing ~ -
[ XI Road/Bridge
CHANGE ORDER
ST. LUCIE COUNTY
PROJECT:
(name, address)
Lakehurst Ditch
Restoring Canal Embankment
CHANGE ORDER NUMBER:
NO.1
INITIATION DATE:
2/6/2007
CONSULTANT'S PROJECT NO.:
TO (Contractor):
Johnson-Davis, Inc.
604 Hillbrath Drive
Lantana, Florida 33462
ST. LUCIE COUNTY
CONTRACT NO:
C06-02-168
CONTRACT DATE
February 28, 2006
You are directed to make the following ~ in this contract:
(Additional sheet attached as Exhibit A ~ No)
See attached.
The original (Contract Sum) (GuaF8Rtcðd MdXiIIIUI" Cast) was
Net change by previous authorized Change orders
The (Contract Sum) (GId~FJRtg~d MfU(jl'l'lI::lFFl CQ,S,t) prior to this Change order
The (Contract Sum) (8'udl äl1leea Maxlmum~t) will be (increased) (.QQereeEii~d 1y
bIoAeAal'1!jed) by this Change Order
The new (Contract Sum) (Gl:Iðl ðl,tððd Máxlr II...I'R C6'St) including this Change order will be
The Contract Time will be (increased) (dœreð!ed) ( ¡Jnr.b~ng~) by
The Date of Substantial Completion as of the date of this Change Order therefore is:
$ 112,800.00
$
$ 112,800.00
NTE $ 179,382.50
$ 292,182.50
(519) Days
9/30/2007
Funds Available:
Account Number
102001-3725-563000-42512 Stormwater MSTU Capital Budget
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, ex1ended 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.
CONTRACTOR:
Johnson Davis, Inc.
Contractor:
604 Hillbrath Dr., Lantana, Florida 33462
Address:
APPROVED:
Road & Bridge Department
St. Lucie County Department:
2300 Virginia Avenue, Ft. Pierce, Florida 34982
Address
By:
Date:
By: Date:
AUTHORIZED:
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
ATTEST:
DEPUTY CLERK
By: CHAIRMAN
Date:
Approved as to Form and Correctness:
County Attorney
FeD. 6, 2007 4:37PM
ST. LUCIE COUNTY PURCHASING
No, 7660 p, 2
. .
.
, . .
JOHNSON..DAVIS INC.
~¿".,~
&04 HILLBIUTH DRIVë
LANTANA, FLORIDA 3:w82-1&"
581-61111-1170 FAX 581-68.5-5252
CU-C0430117
November 28, 2006
Mr. Craig Hauschild
St. Lucie County Engineering Department
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
Re : Lakehurst Canal Repair
Dear Craig:
As requested the following is our proposal for work at above referenced site. The quotation was
prepared from sketch provided.
Item Estimated Ouantities Unit Price Amount
Mobilization LS $9,800.00 $ 9,800.00
Rubble Rip Rap 1,400 Tons @ $ 90.00 $112,000.00
Bedding Stone 650 Tons @ $ 40.00 $ 26,000.00
Filter Fabric 2,400 SY @ $ 3.00 $ 7,200.00
Sod 1,215 SY @ $ 5.00 $ 6,075.00
Seed & Mulch LS @ $2,000.00 L 2.000.00
$163,075.00
10% Contingency $ 16,307.50
Not to exceed $179,382.50
~ "'..~
t'-J
.
~'V1I ~~
.
'W~ûnd~ ·
FeD. 6. 2007 4:37PM
ST. LUCIE COUNTY PURCHASING
No. 7660 P. 3
, .
Suecial Condltion~
No pennits or fees are included
Bond premium is not included
No certified asbuilt drawings will be provided
Please contact our office if we maybe of assistance.
C.C. Leonard DemUs
AGENDA REQUEST
ITEM NO. C-llB
DATE: February 28, 2006
CONSENT [X
REGULAR
TO: Board of County Commi.ssioners
SUBMITTED BY (DEPT): Grants
PUBLIC HEARING [ ]
Leg. [ Quasi-JD. [
PRESENTED BY:
Roberta Breene
SUBJECT:
Relative to the Lakehurst Drive canal area project, (1) authorize its declaration as an
emergency, allowing waiver of the formal bidding process and authorizing staff to
contact vendors for appropriate repairs; and (2) authorize submittal of an Emergency
Watershed Protection Program funding request to the USDA Natural Resources
Conservation Service for 75% funding in the amount of $84,600 to conduct
emergency repairs to safeguard lives and property and minimize erosion into the
North Fork of the St. Lucie River during heavy rainfall events.
The goal of these USDA Natural Resources Conservation Service funds is to
slow runoff and prevent erosion in order to æfeguard lives and property during
heavy rain events.
BACKGROUND:
FUNDS AVAIL.:
As a result of Hurricane Wilma, the canal bank along portions of Lakehurst Drive has
been severely eroded, specifically between Sandia Drive and Airoso Boulevard. This
canal slope restoration project will reshape the bank in a 3: 1 slope, using, in part, the
material that has been removed from the canal. The bank will then be pin-sodded. St.
Lucie County's responsibility would include securing any permits necessary and
providing construction project oversight. These funds would be used to assist with the
repairs within the Lakehurst Canal Repair project by paying approximately 75% ofthe
$112,800 total project cost.
The funding award requires a 25% match. The 25% match of $28,200 is available in
StormwaterMSTU Capital budget NPDES permitting, Fund #-102001-3725-563000-
42512.
PREVIOUS ACTION:
RECOMMENDA TION:
None.
Relative to the Lakehurst Drive canal area project, authorize its declaration as an
emergency, allowing waiver of the formal bidding process and authorizing staff to
contact vendors for appropriate repairs. In addition, authorize submittal of an
Emergency Watershed Protection Program funding request to the USDA Natural
Resources Conservation Service for 75% funding in the amount of $84,600 to
conduct emergency repairs.
COMMISSION ACTION:
Del APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
c:c7
rJouQiãs Anderson
County Administrator
County Attorney:
Originating Dept:
Finance: (Cop18S) :
i~
1'áH3
Mqt , Budget:
Public Works:
ProJect Hqr.
Purchas=q:
Other:
d/
Exec. Asst.
B:::., it
AGENDA REQUEST
ITEM NO. ll-C
DATE: February 28, 2006
CONSENT X ]
REGULAR
TO: Board of County Commissioners
SUBMITTED BY (DEPT): Grants
PUBLIC HEARING [ ]
Leg. [ Quasi-JD. [
PRESENTED BY:
Roberta Breene
SUBJECT:
Authorize the acceptance of an Emergency Watershed Protection Program Agreement with
the USDA Natural Resources Conservation Service, which provides 75% of a total project
cost, which is not to exceed $805,000 for the following three projects:
1, $187,500 (75%) to conduct emergency repairs in the Hidden River Estates area and
minimize erosion into the North Fork of the St. Lucie River.
2. $84,600 (75%) to conduct emergency repairs in the Lakehurst Drive area and minimize
erosion into the North Fork of the St. Lucie River.
3. $330,000 (75%) to conduct emergency repairs at Blind Creek Park removing sand and
vegetative debris.
The goal of these funds is to slow runoff and prevent erosion in order to safeguard lives
and property from floods, St. Lucie County's responsibility includes securing any permits
necessary, as well as providing construction oversight. The damage is a result of
Hurricane Wilma. These funds will assist with repairs by paying approximately 75% of the
project cost
1, Hidden River Estates Drainage Outfall Structures Repair $250,000 project. The
emergency repair engineering is complete, the contractor bid opening was held on
February 17,2005, and the project is ready to begin.
2, Lakehurst Drive $112,800 area canal embankment restoration project is ready to
begin, assuming that the Board approves the February 28, 2006 request for a
declaration of the project as an emergency, allowing waiver of the formal bid process
and allowing staff to contact vendors to make appropriate repairs.
3. Blind Creek Park $440,000 project for the excavation and removal of vegetative debris
and sand following the completion of the Emergency Dune Restoration Project currently
in progress, and the restoration and replanting of the dune, assuming that the Board
approves the February 28, 2006 request for a declaration of the project as an
emergency, allowing waiver of the formal bid process and authorizing staff to piggyback
with Native Technologies, Inc. (NTI) on the existing NTI agreement with Broward County
School Board and amend the agreement accordingly.
The funding award requires a 25% match in cash or in-kind services. Matching funds for
Hidden River Estates in the amount of $62,500 will be made available in Fund # 316001-
41134-563000-425017 (Transportation Trust Capital - Improvement OfT Buildings).A
balance of $62,500 from the $125,000 that was previously allocated plus an additional
$310,000 that was also previously allocated will be retumed to this same Transportation Trust
Capital fund.
Matching funds of $27,900 for Lakehurst Drive area will be available in Storm Water MSTU
Capital budget NPDES permitting, Fund # 102001-3725-563000.
BACKGROUND:
FUNDS AVAIL.:
PREVIOUS ACTION:
Matching funds of $110,000 for Blind Creek Park will be available in Fund #145630599900.
Hidden River Estates . On August 2, 2004, the soce approved the declaration of the
Hidden River Estates Drainage Outfall Structure Repair as an emergency, allowing waiver of
the formal bidding process and authorizing staff to contact vendors for appropriate repairs.
On February 21, 2006 the BOCC authorized the submittal of an Emergency Watershed
Protection Program funding request to the USDA Natural Resources Conservation Service in
the amount of $375,000, and the allocation of $435.000 from the Transportation Trust, in the
event the grant was not awarded.
RECOMMENDATION:
Lakehurst Drive - On February 28, 2006, the Board was asked to: (1) declare the project an
emergency, allowing waiver of the formal bidding process and authorizing staff to contact
vendors for written quotes to do appropriate repairs: and (2) authorize the submittal of an
Emergency Watershed Protection Program funding request to the USDA Natural Resources
Conservation Service for 75% funding of the $112,800 total project cost.
Blind Creek Park - On February 28, 2006, the Board was asked to: (1) declare the project an
emergency, allowing waiver of the formal bidding process; (2) allow staff to piggyback with
Native Technologies, Inc. (NTI) on the existing NTI agreement with Broward County School
Board and amend the agreement accordingly: and (3) authorize the submittal of an
Emergency Watershed Protection Program funding request to the USDA Natural Resources
Conservation Service for 75% funding of the $440,000 total project cost.
Staff recommends the Board authorize the acceptance of this Emergency Watershed
Protection Program funding agreement with the USDA Natural Resources Conservation
Service for 75% funding of total project costs not to exceed $805,000, matched by the
County's $201,250 (25%) to conduct emergency repairs, safeguard lives and property and
minimize erosion in Hidden River Estates, Lakehurst Drive area canal and Blind Creek Park.
COMMISSION ACTION:
[x "APPROVED [] DENIED
[1 OTHER: Approved 5-0
County Attorney:
Originatinq Dept:
Finance: (copies) :
9¿.
/~
coordination/Siqna~
Mqt , Budget: U
Public Works:
Project Mqr. "
Purchasi.nq :
Other:
Exec. Asst.
t;t!~¡'
/
/
,
AGENDA REQUEST
ITEM NO. C 12
DATE: January 9, 2007
CONSENT X ]
REGULAR ]
PUBLIC BEARING [ ]
Leg. [ ] Quasi-.m. [ ]
TO: Board of County Commissioners
PRBSEN'l'ED BY:
SUBMŒTTED BY (DEPT): Grants Roberta Breen.
SUBJECT:
BACKGROUND:
FUNDS AVAIL.:
PREVIOUS ACTION:
RECOMMENDATION:
Authorize acceptance of Amendment 2 authorizing the receipt of an additional $34,500 and
the extension to March 15, 2007 of an Emergency Watershed Protection Program
Agreement (C06-03-115) with the USDA Natural Resources Conservation Service (69-4209-
6-1631).
The goal of these funds is to slow runoff and prevent erosion in order to safeguard lives
and property from floods. St. Lucie County's responsibility includes securing any permits
necessary, as well as providing construction oversight. The damage is a result of
Hurricane Wilma. These funds are assisting with repairs by paying approximately 75% of
the following projects' costs:
1. Hidden River Estates Drainage Outfall Structures Repair $250,000 project is in the
final stages.
2. Lakehurst Ditch $112,800 area canal embankment restoration project has been
determined to require some additional work.
3. Blind Creek Park $440,000 project for the excavation and removal of vegetative debris
and sand following the completion of the Emergency Dune Restoration Project has been
delayed due to permitting from the Department of Environmental Protection. The permit
is expected on or before September 10, and the work is then expected to be completed
by November 30, 2006
The County's required 25% match ($11,500) will be made available in Account 316001-
41131-563000-42512 (Transportation Capital Local Option).
On February 28,2006, the Board: (1) declared the Blind Creek Park project an emergency,
allowing waiver of the formal bidding process; (2) allowed staff to piggyback with Native
Technologies, Inc. (NTI) on the existing NTI agreement with Broward County School Board
and amend the agreement accordingly; and (3) authorized the submittal of an Emergency
Watershed Protection Program funding request to the USDA Natural Resources
Conservation Service for 75% funding of the $440,000 total project cost; and (4) authorized
acceptance of the grant award; (4) On September 12, 2006, the Board approved Amendment
1, extended the completion date to November 30, 2006.
Staff recommends that the Board authorize acceptance of an amendment authorizing the
receipt of an additional $34,500 and an extension to March 15, 2007 an Emergency
Watershed Protection Program Agreement with the USDA Natural Resources Conservation
Service.
COMMISSION ACTION:
DC! APPROVED [] DENIED
[ ] OTHER: Approved 5-0
91
county Atto%'ney': V k
Orivin.t:j.~ Dept: Æ/fUS~
Finane.: (copi..) :
Coordination/Signatures
- . ....... ~
1'utI~ic Work.: .
l'roject Mgr.
1'\.1rCIbUiJIq:
ott.r :
Bxec. uet.
,
AGENDA REQUEST
ITEM NO. C5A
DATE: February 13, 2007
REGULAR
PUBLIC HEARING
CONSENT
[X)
TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: OMB
PRESENTED BY: Marie M. Gouin
SUBJECT: Approval of Budget Amendment BA07 -030 transferring funding to cover General Fund
purchase order for the County Extension Office (Agriculture) that were rolled over from fiscal
year 2006.
BACKGROUND: Need to adjust fiscal year 07 budget for County Extension generator to cover purchase
order that rolled from fiscal year 2006.
FUNDS WILL BE MADE AVAILABLE: 001-3715-564000-300 (Machinery & Equipment).
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget
Amendment 07-030.
COMMISSION ACTION: NCE:
'[~ APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
oug Anderson
County Administrator
Coordination/Signatures
Q~
'/4 ..HJMm6
County Attorney: r Management & Budge~ Purchasing:
Originating Dept: Soil & Water: Other:
Finance: (Check for Copy only, if applicable) XX
G:\BUDGEn WPIAGENDA'SIAGENDA07\2'13'07ENCUMBRANCES _AGR.DOC
,
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Office of Management & Budget
PREPARED DATE: 1/16/2007
AGENDA DATE: 2/13/2007
ACCOUNT NUMBER ACCOUNT NAME AMOUNT
TO: 001-3715-564000-300 Machinery & Equipment $45,000
FROM: 001-9910-599900-800 Encumbrances Carried Forward $45,000
REASON FOR BUDGET AMENDMENT: Purchase order rollover for Qenerator purchased
made by County Extension office.
CONTINGENCY BALANCE:
THIS AMENDMENT: $45,000
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #: BA07 -030
DOCUMENT # & INPUT BY:
..
t
MEMORANDUM 07-14
BIll!
.. .. -
OFFICE OF MANAGEMENT & BUDGET
TO:
FROM:
SUBJECT:
DATE:
Board of County Commissioners
Marie Gouin, Management & Budget Director M\V\. E:f.
Rolled Purchase Order
January 16, 2007
County Extension was granted approval to purchase a generator during September 12, 2006. The funding for
the generator need to be rolled into fiscal year 07 to cover rolled Purchase Order.
CC: Board of County Commissioners
,
AGENDA REQUEST
ITEM NO. C6~
DATE: February 13,2007
REGULAR
PUBLIC HEARING
CONSENT
[X]
TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: OMB
PRESENTED BY: Marie M. Gouin
SUBJECT: Alcohol and Drug Abuse Mini-Grant Awards
BACKGROUND: On November 25,2003, the Board approved the procedures to review applications and to
award funds for drug education and prevention. We received four applications totalling $33,364.70. The
County Administrator appointed a committee to review the applications, please see attached memorandum
07-10, and Exhibit A for the recommendations.
FUNDS AVAILABLE: Drug Abuse Fund (109)
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the
awards of grant funds as stated on Exhibit A; changing the procedures to state the grant award date this
year to March 1 st instead of January 1 st, and authorizing the County Attorney's Office to draw up the
appropriate contracts for the Chairman's signature.
COMMISSION ACTION:
E:
[)(I APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
'l ,..---
Doug Anderson
County Administrator
County Attorney:xx
¡:.'
-¡
~
Coordination/Signatures
Management & Budget: ~purchasing:
Public Works: Other:
Originating Dept:
Finance: (Check for Copy only, if applicable) ~.
G:\BUDGEnWP\AGENDA'S\AGENDA07\2 13 07 ALCOHOL&DRUGABUSEMINI-GRANT.DOC
"
ALCOHOL AND OTHER DRUG ABUSE TRUST FUND
MINI-GRANT PROCEDURES
General Provisions:
1. Grants will be awarded one time in each fiscal year. In fiscal year October 1, ~
2006 to September 30, ~ 2007, grant will be awarded by .v.arE:l" 16, 200(, March 1.
2007 and for each year thereafter, no later than January 1st.
2. Annual application deadline for the fiscal year October 1, ~ 2006 to September 30,
~ 2007 will be JaAl:lary 1<1, 2006 December 21. 2006 and for each year hereinafter
annual application deadline will be November 15th. The deadline will be advertised
through a press release and on the County's website.
3. County Administrator will oversee the selection process based on applicants'
accomplishments in drug prevention programs.
4: Individual awards will be calculated based on the number of qualified program recipients
and availability of funds at the time of selection. IRdi'lidl::Jal sr.-sras May Ret exeeea
$e,OOO. (No cap)
Applications process:
5. Applications and information will be available on the County's website and at the Office
of Management and Budget COMB).
6. Applications will be collected by OMB.
7. Within a week after the advertised deadline, OMB will forward all applications to the
County Administrator.
Award Process:
8. CauRt,' t.elmiRistrster Committee selected by the County Administrator will review all
applications and make award recommendations to the County Administrator.
9. OMB will prepare a Board agenda item listing all recommended awards.
10. County Attorney's Office will draft the grant contracts.
11. St. Lucie BOCC will approve the awards and give the Chairman the authority to execute
mini-grant contracts.
12.0MB will post the list of grant recipients on the County website.
13.0MB will process purchase orders based on mini-grant contracts.
14.0MB will process payments of awards.
Post-Award Requirements:
15. The grant funding will be used for anti-drug related activities related to alcohol and
other drug abuse treatment and not for administration.
16. Grant period will start on January 1st and end on December 31st the same year. County
Administrator will be authorized to approve grantees petitions to change the grant
period.
17. Grantees will submit to OMB an annual report detailing program expenditures. The
report will be due on/or before May 1st of the year following the award.
18. Funds not used before December 31st of the year of award shall be returned to
St. Lucie BOCC unless an extension is granted by the County Administrator.
G: IBUDGETI WPIDRUG COURTl2006 IPROCEDURES0607.DOC
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MEMORANDUM 07-10
__ OFFICE OF MANAGEMENT & BUDGET
TO:
FROM:
SUBJECT:
DATE:
Douglas M. Anderson, County Administrator
Marie Gouin - OMB Director
Alcohol and Other Drug Abuse Mini-Grant
January 2, 2007
Attached you will find applications for the Alcohol and Other Drug Abuse Mini-Grant
Program. We have received the following requests:
$ 5,364.70 New Horizons of the Treasure Coast Inc.
$ 8,000 St. Lucie County Sheriff's Office
$ 20,000 Cathy Buzzolani on behalf of the St. Lucie County Drug Court
$ 33,364.70
As of January 2,2007, we had $61,035 cash on hand available for mini-grants in the Drug
Court Fund (109). Of this amount, approximately $750 will be used to pay communications
for the Drug Analysis Hot Line, and $1,240 for General & Administrative Charges.
St. Lucie County BOCC gave the County Administrator the authority to review all
applications and to make award recommendations. The committee that you selected for
fiscal year 2006 was:
Marie Gouin
Susan Kilmer---
Katherine Smith
Beth Ryder
Mark Godwin (added to committee for 2007)
Please let us know if you'd like any changes to the FY 2007 committee.
Attachments: Grant applications
General program information
~
AGENDA REQUEST
ITEM NO. C SC
DATE: February 13, 2007
REGULAR
PUBLIC HEARING ]
CONSENT [X]
TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: OMB
PRESENTED BY: Marie M. Gouin
SUBJECT: Approval of salary increases related to Code Compliance certifications.
BACKGROUND: During the fiscal year 2007 budget process, the Code Compliance Division submitted a
request to increase salaries for employees that obtain certification. The funding for this was included in their
budget. However, this was not brought to the Board's attention and was never approved by the Board.
FUNDS AVAILABLE: 102-2415-512000-200 and 491-2415-512000-200
PREVIOUS ACTION: The Board approved the FY 2007 budget on September 14, 2006.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve the attached
salary increases related to Code Compliance certifications.
[>4 APPROVED
t ] OTHER:
Approved 4-0
Comm. Grande Absent
[ ] DENIED
o las M. Anderson
County Administrator
COMMISSION ACTION:
County Attorney:xx
Management & Budget~ Purchasing:
Public Works: .:hr· 'other~ #-.
(
Finance: (Check for Copy only, if applicable)---1-.
t/~/
CoordinationlS ignatures
Originating Dept:
G:\BUDGE1ì WP\AGENDA'S\AGENDA07\2'13'07CODECERTIFICA TIONSDOC
~
MEMORANDUM 07-21
OFFICE OF MANAGEMENT & BUDGET
TO:
FROM:
SUBJECT:
DATE:
Board of County Commissioners
Marie Gouin, Management & Budget Director
Code Compliance Certifications
February 13, 2007
During the fiscal year 2007 budget process, the Code Compliance Division submitted a request to increase
salaries by 5% for employees that obtain permitting certification. The funding for this was included in their
budget. However, this was not brought to the Board's attention and was never approved by the Board.
We are asking that you approve these certification increases.
AGENDA REQUEST
ITEM NO. S Þ
DATE: February 13,2007
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 07-061 to establish budget for Indian River Estates
MSBU loan.
BACKGROUND: A loan in the form of a bond is being secures by the Indian River Estates MSBU.
The loan will be repaid from contributions from Property Owners over a period of
twenty years.
FUNDS AVAILABLE: Funds for the Project and Debt Service budget respectively will be made available
in 39007 -4115-5xxxxx-3804 and 250-9950-57xxxx-3804
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 07-061 to establish budget
for Fiscal Year 2007 for the Project Budget and the Debt Service funds.
COMMISSION ACTION:
SD Pulled and placed on regular
agenda for discussion,
NCE:
:1)( APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
ug Anderson
County Administrator
County Attorney:
l<-f
t·
nation/Siqnatures
Management & Budget: £..iD rn'N'lq Purchasing:
Finance: (Check for Copy only, if applicable) /
Orig Dept:
PWorks/MSBU J2P
Other:
RESOLUTION NO. 07-061
WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for
S1. Lucie County, certain funds not anticipated at the time of adoption of the budget will become available in
the form of a loan in the amount of $16,000,000 for the Indian River Estates MSBU.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County,
Florida, in meeting assembled this 13th day of February, 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:
Project Budget:
REVENUES
39007-4115-384200-3804
39007-4115-384300-3804
39007-4115-361100-3804
APPROPRIATIONS
39007-4115-563000-3804
39007-4115-563008-3804
39007-4115-563009-3804
39007-4115-549114-3804
39007-4115-534000-3804
39007-1300-549100-3804
39007-4115-599330-3804
Debt Service:
REVENUES
250-9950-384200-3804
250-9950-384300-3804
APPROPRIATIONS
250-9950-571100-3804
250-9950-572100-3804
Proceeds from Loan
Contributions from Property Owners
Interest on Investments
$15,875,000
$3,075,000
$400,000
Improvements OfT Buildings
Infrastructure - Advertising
Infrastructure - Soil Testing
General & Administrative Fees
Other Contractual Services
Comm. & Fees/Tax Collector
Project Reserves
$8,500,000
$1,350
$46,315
$575,475
$3,410,550
$50,000
$6,766,310
Proceeds from Loans
Contributions from Property Owners
$16,000,000
$212,000
Principal Notes
Interest Notes
$16,000,000
$212,000
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 13th DAY OF FEBRUARY, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
OFFICE OF MANAGEMENT & BUDGET
MEMORANDUM #07-23
TO:
Board of County Commissioners
FROM:
Marie Gouin, OMB Director
SUBJECT: Indian River Estates MSBU
DATE:
February 13, 2007
A loan in the form of a bond will be secured by the Indian River Estates MSBU. The loan will be repaid from
contributions from Property Owners over a period of twenty (20) years.
Staff recommends the Board adopt Budget Resolution 07-061 to establish a budget for Fiscal Year 2007 for
the Project Budget and the Debt Service funds.
,
AGENDA REOUEST
ITEM NO. C-5 l~
DATE: February 13,2006
REGULAR
PUBLIC HEARING
CONSENT
[X]
TO:
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
Management & Budget
PRESENTED BY: Marie Gouin
SUBJECT: Request to approve Budget Resolution 07-062 to amend Budget Resolution
06-377 due to Scrivener Error.
BACKGROUND: On December 12, 2006 the Board of County Commissioners approved
Budget Resolution 06-377 to recognize unanticipated funding in the amount
of $46,633 from the State of Florida, Domestic Security Federally Funded
Sub-grant Agreement #07-DS-3W-10-66-01-248. Due to a Scrivener Error
with fund number, Resolution 07-062 is needed to amend the previous
resolution to correct fund number. The amount of the budget resolution
remains the same.
FUNDS AVAilABLE: N/A
PREVIOUS ACTION: Approval of Budget Resolution 06-377 on December 12,2006.
RECOMMENDATION: Staff recommends the Board approve Budget Resolution 07-062.
COMMISSION ACTION:
!~ APPROVED [] DENIED
[ ] OTHER
Doug Anderson
County Administrator
Approved 4-0
Comm. Grande Absent
County Attorney:
JJ
coordinati02::::~~.I:..natures ~
Management & BUdge~ yY)~ Other:
Finance: (Check for Copy only, if applicable) J .
f
RESOLUTION NO. 07-062
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
from the Florida Department of Community Affairs through a Federally Funded Subgrant in the amount of
$46,633 as funding to develop and implement homeland security support programs and adopt Department of
Homeland Security national initiatives.
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 13th day of February 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
001186-2510-331233-200
APPROPRIATIONS
001186-2510-554200-200
001186-2510-540000-200
Dept of Homeland Security
$46,633
Training & Education
Travel
$41,778
$ 4,855
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 13TH DAY OF FEBRUARY 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
r
OFFICE OF MANAGEMENT & BUDGET
MEMORANDUM #07-22
TO:
Board of County Commissioners
FROM:
Marie Gouin, OMB Director
SUBJECT: Emergency Management Residential Construction Program
DATE:
February 13, 2007
The $46,633 grant funds will be used for local planning, exercise, and training for homeland
security. Due to a Scrivener Error with fund number, Resolution 07-062 is needed to amend the
previous resolution (06-377) to correct the fund number.
Staff recommends approval of budget resolution #07-062.
AGENDA REQUEST
ITEM NO. S ¡:-
DATE: February 13,2007
REGULAR
PUBLIC HEARING
CONSENT
[X]
TO:
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
Management & Budget
PRESENTED BY: Marie Gouin
SUBJECT:
Due to a scrivener error in the placement of funds and the total appropriation, it is
necessary to amend Resolution Number 06-337.
BACKGROUND: On November 14th, 2006, the St. Lucie County Board of County Commissioners
adopted Resolution Number 06-337 to recognize unanticipated revenue in the amount of $454,232 that would
be recognized in Fiscal Year 2005-2006 Budget from Sunnyland Farms for the design and permitting of the
intersection at Kings Highway and Orange Avenue.
Due to a scrivener error in the placement of funds and the total appropriation, it is necessary to amend
Resolution Number 06-337.
FUNDS AVAilABLE:
Funds will be made available in 101-4115-563xxx-4123 Infrastructure
PREVIOUS ACTION:
11/14/06 Board approved Resolution 06-337
RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 07-065 to establish a budget
for Fiscal Year 2007 for the unanticipated revenue of $454,232 and to reverse the original resolution for.
Fiscal Year 2006.
Approved 4-0
Comm. Grande Absent
1
l/ð
D g Anderson
County Administrator
COMMISSION ACTION:
'[~ APPROVED [] DENIED
[ ] OTHER:
County Attorney:
Coord ination/S iQnatu res
Management & Budget: ~purChaSing:
Finance: (Check for Copy only, if applicable)
Orig Dept:
Public Works Other:
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services
Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting.85
OFFICE OF MANAGEMENT & BUDGET
MEMORANDUM #07-24
TO:
Board of County Commissioners
FROM:
Marie Gouin, OMB Director
SUBJECT: Scrivener Sunnyland Farms
DATE:
February 13, 2007
On November 14th, 2006, the S1. Lucie County Board of County Commissioners adopted Resolution Number
06-337 to recognize unanticipated revenue in the amount of $454,232 that would be recognized in Fiscal
Year 2005-2006 Budget from Sunnyland Farms for the design and permitting of the intersection at Kings
Highway and Orange Avenue.
Due to a scrivener error in the placement of funds and the total appropriation, it is necessary to amend
Resolution Number 06-337.
Staff recommends the Board adopt Budget Resolution 07-065 to establish a budget for Fiscal Year 2007 for
the unanticipated revenue of $454,232 and to reverse the original resolution for Fiscal Year 2006.
RESOLUTION NO. 07-065
WHEREAS, the St. Lucie County Board of County Commissioners has made the following
determination:
1. On November 141\ 2006, the St. Lucie County Board of County Commissioners adopted Resolution
Number 06-337 to recognize unanticipated revenue in the amount of $454,232 that would be recognized
in Fiscal Year 2005-2006 Budget from Sunnyland Farms for the design and permitting of the intersection
at Kings Highway and Orange Avenue.
2. Due to a scrivener error in the placement of funds in fiscal year 2005-2006, and the total appropriation,
it is necessary to amend Resolution Number 06-337 and appropriate the funds in fiscal year 2006-2007.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 13th day of February 2007, pursuant to Section 129.06 (d), Florida
Statutes, that:
1. Resolution Number 06-337 is hereby amended as follows:
FY 2005-2006
REVENUE
101-4115-366930-4123 Contribution From Private Sources
($454,232)
APPROPRIATIONS
101-4115-563005-4123
101-4115-563021-4123
Infrastructure - Consulting Eng.
Infrastructure - Reimbursables
($334,485)
($119,717)
FY 2006-2007
REVENUE
101-4115-366930-4123
Contribution From Private Sources
$454,232
APPROPRIATIONS
101-4115-563005-4123
101-4115-563021-4123
Infrastructure - Consulting Eng.
Infrastructure - Reimbursables
$334,485
$119,747
2. 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 13th DAY OF FEBRUARY, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
.-
AGENDA REQUEST
ITEM NO. C3C
DATE: November 14, 2006
REGULAR [ J
PUBLIC HEARING [ J
CONSENT [x 1
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): ENGINEERING
SUBJECT:
Kings Highway-Orange Avenue Intersection Improvements - Work Authorization No. 1 with Inwood
Consulting Engineers, Inc. Budget Resolution No. 06-337.
BACKGROUND:
See attached memorandum.
FUNDS AVAIL. Funds will be made available in 101-4115-563005-4123 _ $334,485.00-
Transportation .TrusUEng/Public Works; 101-4115-563021-4123 - $119,747.00 _ Transportation
TrusUEng/Publ'c Works; 101006-4116-563021-4123 - $114,985.00 - Transportation TrusUlmpact
Fees .
PREVIOUS ACTION: nfa
RECOMMENDATION:
Staff recommends Board approve Work Authorization No. 1 with Inwood Consulting Engineers, Inc.,
in the amount of $569,216.52, for the design of Kings Highway and Orange Avenue Intersection
Improvements, and Budget Resolution No. 06-337, and authorization for the Chairman to sign.
COMMISSION ACTION:
~ APPROVED
[ J OTHER:
[ J DENIED
Approved 5-0
ou M. Anderson
County Administrator
[ X]County Attorney ~
I XJC>;¡;nati"" Copt. p"bIic w_~ .
[ ¡Finance
Kings-Orange WA 1 Road Inwood.ag.doc
COOrdlnationlS~
[X]Mgt. & Budget~
I_Mg,. ~...
[ X)Exec. Asst..~ '"
[ ¡Other
--
---'
-,
RESOLUTION NO. 06-337
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, cel1ain funds not anticipated at the time of adoption of the budget have become
available from Sunny land Farms, LLC in the amount of $454,232 for design and permitting of
intersection improvements at Kings Highway and Orange Avenue.
WHEREAS, Section 129,06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County,
Florida, in meeting assembled this 14th day of November, 2006, pursuant to Section 129.06 (d), Florida
Statutes, that such funds are hereby appropriated for the fiscal year 2005-2006, and the County's budget
is hereby amended as follows:
REVENUE
101-4115-366930-4123
Contribution From Private Sources
$454,232
APPROPRIA TlONS
101-4115-563005-4123
101-4115-563021-4123
Infrastructure - Consulting Eng,
Infrastructure - Reimbursables
$334,485
$119,717
After motion and second the vote on this resolution was as follows:
Commissioner Doug Coward, Chairperson
Commissioner Chris Craft, Vice Chairperson
Commissioner Joseph E. Smith
Commissioner Frannie Hutchinson
Commissioner Paula A Lewis
AYE
AYE
AYE
AYE
AYE
PASSED AND DULY ADOPTED THIS 14th DAY OF NOVEMBER, 2006.
~~'__.h.,~~.,,:~
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DOCUMENT # J ~ Co 05 qq3
APPRO~D '~s. 0 co
AND FO~~
JAY/~ .
COUNTY ATTORN
CTNESS
INPUT BY: ~
DATE: JI}30/'Dv
,
ITEM NO. C-6A
DATE: 2/13/2007
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: PURCHASING DEPARTMENT
PRESENTED BY:
Neil Appel, Purchasinq Director
SUBJECT: Request permission to advertise an Invitation to Bid (ITB) for the replacement of the air
conditioning systems at the Roger Poitras Administration Building and the chiller plant.
BACKGROUND: Please see attached memorandum.
FUNDS AVAilABLE: 316-1930-562000-16011
PREVIOUS ACTION: See the attached memorandum.
RECOMMENDATION: Staff requests Board permission to advertise an Invitation to Bid (ITB) for
the replacement of the air conditioning systems at the Roger Poitras Administration
Building and the chiller plant.
COMMISSION ACTION:
'()4 APPROVED () DENIED
( ) OTHER
Approved 4-0
Comm. Grande Absent
E:
County Attorney (X) ,Å/
r~
Central Services (X),'
CoordinationlSiQ natures
Mgt. & Budget ( )
Other ( )
Purchasing (X) ~
-
Other ( )
Finance: (check for copy, only if applicable)_
PURCHASING DEPARTMENT
MEMORANDUM
_.. ._.J___ _. .___~._,~.~
<..- - - .-~.-._.._ "__.0"- _ ··,.··.···.._'·...·.n·_.. .·~..__.·_·"c ,_00"__.,._. _.
TO:
Board of County Commissioners
FROM:
Neil Appel, C.P.M., Purchasing Director
February 2nd, 2007
DATE:
RE: Request permission to advertise an Invitation to Bid (ITB) for the replacement of the air
conditioning systems at the Roger Poitras Administration Building and the chiller plant.
Backaround:
The air conditioning equipment at the Roger Poitras Building is at the end of its useful life and
subject to major failure. In anticipation of going to bid to replace the equipment prior to a major
equipment failure occurring, the following actions have been approved:
· On 12/7/2004, Item #C-12B, the Board approved Work Auth. #7 with Sims Wilkerson
Engineering, to provide engineering services for replacement of the air conditioning systems at
Roger Poitras Building, Administration Building and Civic Center.
· On 12/14/2004, Item #C-8, the Board approved the location of the Chiller Plant at the
Administration Complex (Civic Center, Administration Bldg., & Roger Poitras Bldg.)
· On 2/8/2005, Item #C-10, the Board approved Amendment NO.1 to Work Auth. #7 with Sims
Wilkerson Engineering, to provide the additional services of a sub consultant for Civil
Engineering and Survey for the Administration Complex for the purpose of permitting.
Sims Wilkerson Engineering has provided Central Services staff with construction drawings to be
distributed with the County bid documents. These drawings include a provision from the main
Chiller Plant to provide chilled water to a future building at the Old Civic Center site.
Central Services has budgeted funding for this project as follows:
· FY 2006/2007 $2.19 million
· FY 2007/2008 requesting $925,000.00.
Due to the scope of this project, staff is recommending it be approached in IV Phases: these have
been put in order of priority.
· Phase I-Construction of main Chiller Plant to connect to Administration Bldg.
· Phase II-Renovation/replacement of Roger Poitras Bldg. air handling equipment, and
connection to main Chiller Plant.
· Phase III-Replacement of three AHV's and controls as well as the variable air volume boxes.
· Phase IV-Replace all VA V's and controls at Roger Poitras Building.
Please note that Phases I & " are high priority because the ale equipment at the Roger Poitras
Building is at the end of its useful life and subject to major failure. Phases III & IV are critical to this
project as well, but can be accomplished once Phases I & II are completed. Although the best-case
scenario is to fund the entire project, funding phases Phases I & II in FY 2006/2007 and funding
Phases III & IV in FY 2007/2008 would also serve to accomplish our goals.
Recommendation:
Staff requests Board permission to advertise an Invitation to Bid (ITB) for the replacement of the air
conditioning systems at the Roger Poitras Administration Building and the chiller plant.
NA/jc
,
ITEM NO. C-6B
DATE: 2/13/07
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: PURCHASING DEPARTMENT
PRESENTED BY:
Neil Appel. Purchasinq Director
SUBJECT: Request approval of Emergency Bid Waiver to purchase cabling for the new Clerk of the
Court Building from Communications Integrators, Inc.
BACKGROUND: Please see attached memorandum.
FUNDS AVAILABLE:
316-1930-563000-1537 (Infrastructure-Courthouse Employee Parking Lot)
RECOMMENDATION: Staff requests Board approval of an Emergency Bid Waiver to purchase
cabling for the new Clerk of the Court Building from Communications Integrators, Inc., for
$91,084.20.
COMMISSION ACTION:
(~ APPROVED
'( ) OTHER
( ) DENIED
Approved 4-0
Comm. Grande Absent
gl . Anderson
County Administrator
Q , Coordination/Sianatures
County Attorney (X) ¿/J(' Mgt. & Budget ( ) Purchasing (X)~
Information Technology (X) aJ Central Services (X) ~~ Other ( )
Finance: (check for copy, only if applicable)_
PURCHASING DEPARTMENT
MEMORANDUM
_.~.. "-" ._--"-
TO: Board of County Commissioners
FROM: Neil Appel, C.P.M., Purchasing Director J1?!;-..
DATE: February 5th, 2007
RE: Request approval of Emergency Bid Waiver to purchase cabling for the new Clerk of the
Court Building from Communications Integrators, Inc.
Backaround:
St. Lucie County is currently constructing a new Clerk of the Court building. There is a six-week
lead-time for the manufacture and delivery of the cabling to the County. Adding this lead-time to the
time necessary to complete the bid process would place delivery of the materials after the
contractor has laid down the flooring. The contractor would then have to remove the floor tiles for
the cable installation and then re-install the flooring. This will create a significant cost increase due
to the additional labor the contractor would have to employ to perform this task.
Staff has reviewed other quotes to verify this pricing, and while the cabling is available on State
Purchasing Agreement #7303222, it is priced higher. In addition, since the item is offered not as a
State Contract but a State Purchasing Agreement (with a ceiling of $25,000 per purchase), the
County cannot piggyback this agreement.
Recommendation:
Due to the urgency Staff requests Board approval of an Emergency Bid Waiver to purchase cabling
totaling $91,084.20 from Communications Integrators, Inc., for the new Clerk of the Court Building.
NA/jc
ITEM NO. C-6-C
DATE: 02/13/2007
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Purchasing Department
Neil Appel, Director
SUBJECT: Second Amendment to Contract C06-03-164 with Clear Channel Radio for Radio
Advertising Services - Solid Waste Department
BACKGROUND: Please see the attached memo.
FUNDS AVAilABLE:
Account #401-3410-548010-300 (Promotional Advertising)
PREVIOUS ACTION:
On August 22, 2006 the Board approved the first amendment to the
contract correcting the term of the original contract.
RECOMMENDATION:
Staff recommends approval of the second amendment to contract C06-
03-164 with Clear Channel Radio to exercising the first renewal option
and authorization for the Chairman to sign the amendment as prepared
by the County Attorney.
COMMISSION ACTION:
(~APPROVED () DENIED
( ) OTHER
Approved 4-0
Comm. Grande Absent
E:
o G DERSON
COUNTY ADMINISTRATOR
County Attorney (X)
Originating Dept. ( )
);t..
Coord ination/Siq natu res
Mgt. & Budget ( )
Other ( )
Purchasing (X)
~. 1ð-)
'"
Other ( )
finance: (check for copy, only if applicable)_
BOARD OF
COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
Neil Appel, C.P.M.
Director
MEMORANDUM
To:
Board of County Commissioners
From:
Neil Appel, Purchasing Director
Date:
February 6, 2007
Re:
Second Amendment to Contract C06-03-164 with Clear Channel Radio for
Radio Advertising Services - Solid Waste Department
***********************************************************************************************************
BACKGROUND:
On March 1, 2006 proposals were opened for RFP #06-030 - Radio Advertising
Services. One hundred seventeen (117) vendors were notified, nine (9) documents
were distributed, and three (3) responses were received. The selected committee met
and ranked the proposals. Clear Channel Radio was awarded a contract for an initial
term of one year with two (2) one-year renewal options. The original contract term was
to begin on March 28, 2006 and not October 25, 2005.
On August 22, 2006, the Board approved the first amendment to the contract amending
the term of the original contract so that the contract term would be March 28, 2006
through March 27, 2007.
Now staff is requesting the second amendment to the contract to exercise the first of the
two (2) possible renewal options.
RECOMMENDATION:
Staff recommends approval of the second amendment to contract C06-03-164 with
Clear Channel Radio to exercising the first renewal option and authorization for the
Chairman to sign the amendment as prepared by the County Attorney.
C06-03-1 64
SECOND AMENDMENT TO MARCH 28, 2006 CONTRACT
BETWEEN ST. LUCIE COUNTY
AND CLEAR CHANNEL RADIO
THIS SECOND AMENDMENT, is made and entered into this
day of
, 2007, by and between ST. LUCIE COUNTY, a political subdivision of the
State of Florida, hereinafter called the "County" and CLEAR CHANNEL RADIO, their
successors, executors, administrators, and assigns hereinafter called the "Contractor".
WHEREAS, on March 28, 2006 the parties entered into a contract providing radio
advertising from Monday through Friday 6:00am until 7:00 pm; and,
WHEREAS, on August 22, 2006 the parties executed the first amendment to the
contract correcting the term of the original contract; and,
WHEREAS, the parties desire to further amend the contract to exercise the first of
the possible two (2) one-year renewal options.
NOW, THEREFORE, in consideration of the mutual promise contained herein, the
parties agree to amend the Contract as follows:
1. Paragraph 5. TERM shall be amended to read as follows:
5. TERM
The term of this Contract shall begin on March 28, 2006 and shall terminate
on March 27, 2008. Upon mutual agreement, the term may be extended for
one (1) additional one-year option.
2. Except as amended herein, all other terms and conditions of the Contract
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First
Amendment upon the terms and conditions above stated.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CLERK
CHAIRMAN
Page 1 of 2
WITNESSES:
C06-03-1 64
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
CLEAR CHANNEL RADIO
BY:
Print Name:
Title:
Page 2 of 2
,
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
~ APPROVED
c=J OTHER
Approved 4-0
Comm. Grande Absent
Agenda Request
-OA..
02/13/07
Item Number
Date:
Consent
Regular
Public Hearing
Leg. [ ]
[X]
[ ]
[ ]
Quasi-JD [
Board of County Commissioners
Growth Management
o DENIED
Presented By
i3 t-~/YZ f
Growth Man~ement Director
Request of D.R Horton, Inc., for final plat approval for the project known as Creekside -
Plat NO.2. This project is located on the south side of Okeechobee Road, approximately
% mile west of Gordy Road in the PUD (Planned Unit Development - Creekside) Zoning
District and consists of 840 total units - 443 single family lots and 397 townhouse units.
This phase of the project consists of 129 single-family lots.
D.R. Horton, Inc., has submitted the final plat for Creekside Plat No. 2 located on the
south side of Okeechobee Road, approximately % mile west of Gordy Road.
N/A
On October 17, 2006, this Board approved Creekside Plat No 1, consisting of 134
single-family lots. On October 4, 2005, this Board, through Resolution 05-154,
granted Final Planned Unit Development approval for the project known as Creekside
- PUD. On November 15, 2004, this Board, through Resolution 04-219, granted
Preliminary Planned Unit Development approval for the project known as Creekside -
PUD. On September 20, 2005, this Board continued the public hearing on the
Preliminary PUD to October 4, 2005. At the October 21,2004, public hearing on this
matter, the St. Lucie County Planning and Zoning Commission recommended, by a
vote of 8-0, with one member absent (Mr. Akins), to forward this petition with a
recommendation of approval.
Approve the final plat of Creekside Plat No.2 and authorize its execution.
l;ounty Attorney
Originating Dept.:
Finance:
¿'oc.,/\o.l7Y ::f"_,u..;Cy 0.-<':'
~
Coordinationl Signatures
Mgt. & Budget: \. ..}.Jf:)
Environ. Res. Dept.
Purchasing:
Road and Bridge Div.
'1V
Commission Review: February 13, 2007
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
Board of County Commissioners
THROUGH:
FROM:
Bob Nix, AICP, Director of Growth Management
Hank Flores, Planning Manager ~
February 6, 2007
DATE:
SUBJECT:
Petition of D.R. Horton, Inc., for final plat approval for the project to be
known as Creekside Plat NO.2.
On October 4, 2005, this Board, through Resolution 05-154, granted Final Planned Unit
Development approval for the project known as Creekside - PUD. The project is located on the
south side of Okeechobee Road, approximately % mile west of Gordy Road and consists of a
total of 840 units. Creekside Plat NO.2 consists of 129 single-family lots.
Creekside Plat No. 1 was approved on October 17, 2006, and consists of 134 single-family lots.
It has been determined that this plat meets all applicable provisions of the St. Lucie County
Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions
of Section 11.03.03(0) of the St. Lucie County Land Development Code, this office is requesting
that the Board approve the final plat for the subdivision to be known as Creekside Plat NO.2
and authorize its execution.
Please contact this office if you have any questions on this matter.
SUBMITTED:
¡rrL 4+
Bob Nix, AICP
Growth Management Director
cc: Dennis J. Murphy, AICP - Culpepper & Terpening, Inc.
Ron Harris, County Surveyor
File
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To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
~ COMMISSION ACTION:
~ APPROVED
[=:J OTHER
Approved 4-0
Comm. Grande Absent
County Attomey
Originating Dept.:
Finance:
Agenda Request
D~
02113/07
Item Number
Date:
Consent
Regular
Public Hearing
Leg. [ ]
[ X ]
[ ]
[ ]
Quasi-JD [
Board of County Commissioners
Growth Management
Presented By
ßr? ~'-f
Growth Management Director
Request of Michael and Roberta West for final plat approval for the project known as
Howard's Twenty. This project is located on the west side of Sneed Road, between
Orange Avenue and Okeechobee Road. The project consists of two platted lots.
Michael and Roberta West, have submitted the final plat for the project to be known as
Howard's Twenty located on the west side of Sneed Road, between Orange Avenue and
Okeechobee Road in the AG-5 Zoning District.
N/A
On November 30, 2006, through Growth Management Order 06-034, the Director of
Growth Management granted minor site plan approval for the project to be known as
Howard's Twenty.
Approve the final plat of Howard's Twenty and authorize its execution.
c=J DENIED
ouglas M. Anderson
County Administrator
~/
~t-Þf
Coordination! Signatures
Mgt. & Budget:
Environ. Res. Div.
Purchasing:
Road and Bridge Div.
c£J-(
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Coe,...-~ .;Ié.,Avt:~1t-
Í!,()V~1 EN'/~~
Commission Review: February 13, 2007
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
To:
Board of County Commissioners
From:
Growth Management Director
Date:
February 6, 2007
Subject:
Petition of Michael and Roberta West for final plat approval for the project
to be known as Howard's Twenty.
On November 30, 2006, through Growth Management Order 06-034, the Director of
Growth Management granted minor site plan approval for the project to be known as
Howard's Twenty. The project is located on the west side of Sneed Road, between
Orange Avenue and Okeechobee Road. The project consists of two platted lots.
'It has been determined that this plat meets all applicable provisions of the St. Lucie
County Land Development Code and Chapter 177, Florida Statutes. In accordance with
the provisions of Section 11.03.03(0) of the St. Lucie County Land Development Code,
this office is requesting that the Board approve the final plat for the subdivision to be
known as Howard's twenty and authorize its execution.
Please contact this office if you have any questions on this matter.
SUBMITTED:
3rt /+
Bob Nix, AICP
Growth Management Director
cc: Michael and Roberta West
Ernesto Velasco
Ron Harris, County Surveyor
File
From:
To:
Date:
Subject:
Ron Harris
Flores, Hank
1/29/20072:17:45 PM
Howards Twenty
Final plat is acceptable. Field verification of required markers has not been completed.
cc:
Greene, Larry; Powley, Michael
.........
HOWARD'S TWENTY
A SUBDIVISION LYING IN SECTION 28. TOWNSHIP 35 SOUTH, RANGE 38 EAST,
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702 S.W.PORT Sf.LUCIE BlVD.
PORT Sf.wClE, FL. 34853
LICENSED BUSINESS NO. 41142
SHEET' of 2
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HOWARD'S TWENTY
A SUBDIVISION LYING IN SECTION 28, TOWNSHIP 35 SOUTH, RANGE 38 EAST,
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PORT ST.LUCIE. FL. 34153
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AGENDA REQUEST ITEM NO. C-8
DATE: February 13,2007
SUBMITTED BY (DEPT): Agricultural Extension
REGULAR []
PUBLIC HEARING []
CONSENT [X]
PRESENTED BY:
e~
County Extension Director
TO: Board of County Commissioners
BACKGROUND:
Approve Budget Amendment number BA07 -034, moving funds from account
001423-3715-582000-300 to account 001423-3715-564000-300 for the
PlJrchase of equipment in Grant Contract C06-10-561.
Request to Approve Budget Amendment number BA07 -034, purchase a
laptop computer, equipment number EQ07 -303 in accordance with the
Residential Construction Mitigation Grant Program, Contract#C06-10-561..
This item is a contract between the St. Lucie County Board of County
Commissioners and the Division of Emergency Management to provide
hurricane shutters for 10 Habitat for Humanity homes, as well as other stann
mitigation products and services.
SUBJECT:
FUNDS AVAILABLE:
PREVIOUS ACTION:
001423-3715-582000-300 - Aid to Private Organizations
Approved by the Board of County Commissioners on September 19, 2006.
RECOMMENDATION:
Staff recommends approval of Budget Amendment number BA07 -034,
moving funds from account 001423-3715-582000-300 to account 001423-
3715-564000-300 for the purchase of equipment approved in Grant Contract
C06-10-561. This request to move funds is to purchase a laptop computer,
equipment number EQ07 -303 in accordance with Residential Construction
Mitigation Grant Program, Contract #C06-10-561.
'ikAPPROVED
[] OTHER:
[] DENIED
Do las . Anderson
County Administrator
COMMISSION ACTION:
Approved 4-0
Comm. Grande Absent
Review and A ~
County Attorney: Management & Budget..ðli. \ \~
Originating Dept: Other: =:r--
Finance: _ (Check for Copy only, if applicable)
Purchasing: _
Other:
Effective: 5/96
..
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: OMB/County Extension
PREPARED DATE: 2/2/2007
AGENDA DATE: 2/13/2007
FROM: 001423-3715-582000-300
Aid to Private Or anization
$1 .633
REASON FOR BUDGET AMENDMENT:
EQ07 -303
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
{ ~L1&JßU1U-
BA07 -034
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007
APPROVED:
YES
NO
NO
REVISED
REVISED
DEPARTMENT:
DIVISION:
COUNTY EXTENSION
RECOMMENDED: YES
JUSTIFICATION:
Included in the current RCMP Winstorm Mitigation grant accepted by the Board September 19,
2006 is funding for a laptop computer to be used for staff when conducting educational programs
offsite. Grant funds will provide 100% of the cost of the equipment.
EQUIPMENT REQ#: EQ07-303
ACCOUNT#:
001423-3715-564000-300
..JHN-1.c::-c::~r 1.1O.::>t:,J t"I'<Ut' ¡
IU- .L....ìI'.LCI
r."-
,
sr. ./:. ~~,.~~ BOARD OF COUNTY IT Quote
' -
'Itf~ ".fføn Ttt:It"øIofY COMMISSIONERS ST. LUCIE COUNTY
........~
Phone: (772) 462-1681 2300 VIRGINIA AVENUE Date Quote #
Fax: (772) 462-1443 FORT PIERCE, FL. 34982
12/14/2006 1365
,
, I~~~ I
N me/Address
Ad ICUL TURE
,
QUOTE VALID UNTIL w.o.. AEQUeSTOR
1/1512007 83974 KlU'en Murphy
Description Qty Rate Total
FY07S ANDARD LAPTOP 2 1,632,S2 3,265.04
VEND( R INFORMATION:
Dell Co ¡puters
One De. way, RR2E
Box4.
Round t ock, TX 78682
.. "
,
.
The go< ~s and/or services as quoted hereon have been requested in the Total
quantit~ and quality stated. Quotes are valid for 30 days unless otherwjs~ $3,265.04
stated,
AUTHORIZED SIGNATURE
,
.; l'
".~ . "
!
~- -: "'(-, -.- ''''. -"1
~t. ,.. u~ H.'t':f. "
AGENDA REQUEST
ITEM NO. C9A
DATE: February 13, 2007
REGULAR []
PUBLIC HEARING []
CONSENT [X]
SUBMITTED BY (DEPT):Administration
TO: Board of County Commissioners
SUBJECT: Army Corps Maintenance Dredging of Port of Fort Pierce Inlet and
Turning Basin
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: N/ A
PREVIOUS ACTION: See attached memorandum
RECOMMENDATION: Staff recommends that the Board direct staff to contact the Army Corps
of Engineers requesting assistance in the maintenance dredging of the
Port of Fort Pierce Inlet and turning basin to maintain the 28-foot
allowed maximum depth.
COMMISSION ACTION:
:,~APPROVED
[] OTHER:
[] DENIED
Approved 4-0
Comm. Grande Absent
Do la . Anderson
County Administrator
Review and Accrovals
County Attorney:
Originating Dept:
Finance: (Check for Copy only, If applicable)
Management & Budget:
Other:
Purchasing:
Other:
Effective: 5/96
COUNTY ADMINISTRATION
MEMORANDUM
07-15
TO:
Board of County Com
FROM:
Douglas M. Anderson
DATE:
February 1, 2007
RE:
Maintenance Dredging - Port of Ft. Pierce Inlet & Turning Basin
BACKGROUND
The last time the Ft. Pierce turning basin had maintenance dredging performed by the
Army Corps of Engineers was 2002.
Staff has received requests from Indian River Terminal requesting assistance from the
Army Corps to perform maintenance dredging in the inlet and turning basin to maintain the
28-foot allowed maximum depth.
We have been informed that the Army Corps offshore disposal permits from the dredging
operations expired in 2003.
As you may recall, the last time maintenance dredging was performed in the turning basin
93,524cubic yards was disposed of offshore.
The last time the inlet was dredged, which was in 1998, 23,252 cubic yards of beach-
quality sand was placed on Fort Pierce beach.
RECOMMENDA TlON
Staff recommends that the Board direct staff to contact the Army Corps of Engineers
requesting assistance in the maintenance dredging of the Port of Ft. Pierce's Inlet and
Turning Basin to maintain the 28-foot allowed maximum depth. It could take 3-4 years
before permits are issued and the dredging could occur.
DMA/ab 07-15
c: Ray Wazny, Assistant County Administrator
Faye Outlaw, Assistant County Administrator
Dan Mcintyre, County Attorney
Don West, Public Works Director
Richard Bouchard, Erosion Manager
AGENDA REOUEST ITEM NO. 9B
DATE. February 13, 2007
REGULAR []
PUBLIC HEARING []
CONSENT [X]
TOa Board of County Commissioners
PRESENTED BYa
SUBJECT.
~ =-- _..~ ~
4 ( Douglas M. Anderson, County Administrator
Sl:?ateboard ParI:? Committee at large student appointment.
SUBMlnED BY (DEPT). Administration
BACKGROUND.
There is one at large student vacancy on the Sl:?ateboard ParI:? Committee. This
vacancy was filled by Kip Rayside but he is no longer on the committee due to
numerous absences. Please see attached application from Blaze Walsh. Mr. Walsh
is the only application on file to fill the at large student vacancy.
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends that the Board ratify the appointment of Blaze Walsh to the
Sl:?ateboard ParI:? Committee to fill the at large student vacancy.
COMMISSION ACTION:
~*APPROVED
[ ] OTHER:
[ ] DENIED
Approved 4-0
Comm. Grande Absent
Dolas . Anderson
County Administrator
Review and A...ouab
County AUomey: _ Management & Budget: _
Originating Dept: _ Other:
Finance: _ (ChecR for Copy only, if applicable)
Purchasing: _
Other:
Effective: 5/96
."",FeD, 5. 2007 4:34PM
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st. Lucie County
Board of County Commissioners
Aoolication for Serving on County Boards and Committees
Thank you for applying for a position on one of St Lucie County's many advisory boards and committees
The minimum requirements for committee membership are-
· Must be a County resident
· Must not be related to another committee member, County Commissioner or County employee
involved with the committee of interest.
· Must not be employed by lhe same business entíty as other committee members
· Must not serve on more than 2 County committees
Note: Some committees have additional requirements; please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of finanCÍal interests
Please complete the following information:
R Do YOl\c~rrently serve on a county committee(s)? If so, please list:
~O
Please indicate the committee(s) you are interested in See the list below
~ Name~ !ð \ a 7.e lLtt l.s h Phone: Ltc, ç, - 3~'10 0 I
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4 Which cornmissiún district do you live in?
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7 Brief resume of education & experience.~ (Please attach resume)
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9, Why do you think you are qualified to serve on the committee(s) indicated?
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10. WOuld you consider serving on another board other than the one(s) stated above? (Please
specify)
11 Comments:
Please check the committe.es you are interested in:
:a Beach Preservation Task Force
:ft Board of Adjustment
1ft Central Florida Foreign-Trade Zone, Inc,
;tJ Children's Services Council
iff Citizen's Budget Development Committee
~ Code Enforcement Board
;U Community Development Block Grant Citizen's Advisory Task Force
(ð Contractors Certification Board
ìö Cultural Affairs COuncil
:D Emergency Medical Services Advisory Council
fi Environmental Advisory Committee
¡ft Environmental Hearing Board
rtt Fl. Dept. of Children and Family Servíces Committee District 15
:t! FL Dept. of Children and Family services Nominating Qualifications Review Committee District 15
Ii Fort Pierce Harbor Advisory Committee
it! Historical Commission
iã Housing Finance Authority
1B Investment Committee
:Q Library Advisory Board
~ft Planning & Zoning Commission/Local Planning Agency
~ Restudy Coordination Committee
iU SI. Lucie County Recreation Advisory Board
iÖ Tourist Development Council
its Treasure Coast Health Council, Inc.
iÖ Treasure Coast Regional Economic District/Overall Economic Development Program Committee
II!! Vegetation Protection Committee
rã BicycJe/Pedestrian Advisory Committee
:tt AttaínablelAffordablelWorkforce Housing Task Force
U Treasure Coast Education & Research Development Authority
:ft Smart Growth Advisory Ad Hoc Committee
:Ü Transfer of Development Rights (TOR) Advisory Ad Hoc Committee
ift Historic Preservation Committee
~te Board Park Committee
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AGENDA REOUESI
.IEM NO. .C
DATE. February 13, 2007
REGULAR []
PUBLIC HEARING []
CONSENT [X]
SUBMlnED BY (DEPT). Administration
TO. Board of County Commissioners
SUBJECT. Sustainability Advisory Ad Hoc Committee - Comm. Cowa,dwiU be appointing Dr. Bobbi
Conti
BACKGROUND. N/A
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board ratify Commissioner Coward's appointment of Dr. Bobbi
Conti to the Sustainability Advisory Ad Hoc Committee.
COMMISSION ACTION:
[~PPROVED [] DENIED
[] OTHER:
Approved 4-0
Comm. Grande Absent
Do as . Anderson
County Administrator
Review an" A.....ov...
County Attomey: _ Management & Budget: _
Originating Dept: _ Other:
Finance: _ (ChecR for Copy only, if applicable)
Purchasing: _
Other:
Effective: 5/96
From:
To:
Date:
Subject:
Charline Burgess
Anderson, Douglas
2/7/2007 1 :48 PM
Appointee to the Sustainability Advisory Ad Hoc Committee
cc: Missy
Please prepare an agenda item for the Feb. 13th commission meeting for Comm. Coward to appoint Dr.
Bobbi Conti to the above committee. I contacted her and she said that she has an application on file. Her
personal information is as follows:
Dr. Bobbie Conti
8266 Riviera Way
Port S1. Lucie, Florida 34986
772-465-3931
Thank you,
Charline
'~~I@I"I¡[~~·n ~,:¥.T..J
COUNTY',.
FLORIDA
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st. Lucie County
Board of County Commissioners
Application for ServinQ on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
· Must be a County resident
· Must not be related to another committee member, County Commissioner or County employee
involved with the committee of interest.
· Must not be employed by the same business entity as other committee members.
· Must not serve on more than 2 County committees
Note: Some committees have additional requirements: please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Please complete the following information:
1. Please indicate the committee(s) you are interested in. See the list below.
2. Name: 'JJR.. 'i3D13&IÉ: COAJT! . Phone: 772 - '/{¡, S- - 393/
3. Home address: -7J'. I.
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4. Which commission district do you live in?
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5. Business/Occupation ''1? ETJ/êED .¥Oi:i(JìT1ti--!J¿JIi.SC fflJ)11IIJ¡$~ l' Úf\J¡V. f(2IJFfÇÇ.1ry(L
6. Business address:
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7. Brief resume of education & experience: (Please attach resume)
¡41íM~)
8. Do you currently serve on a county committee(s)? If so, please list:
No
9.
10.
11. Comments:
SIGNATURE: ÇJJ#"rírJ (J~;£IJ. ro
DATE: I
81. Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
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Beach Preservation Task Force
Board of Adjustment
Central Florida Foreign-Trade Zone, Inc.
Children's Services Council
Citizen's Budget Development Committee
Code Enforcement Board
Community Development Block Grant Citizen's Advisory Task Force
Contractors Certification Board
Cultural Affairs Council
Emergency Medical Services Advisory Council
Environmental Advisory Committee
Environmental Hearing Board
FI. Dep1. of Children and Family Services Committee District 15
FI. Dep1. of Children and Family Services Nominating Qualifications Review Committee District 15
Fort Pierce Harbor Advisory Committee
Historical Commission
Housing Finance Authority
Investment Committee
Library Advisory Board
Planning & Zoning Commission/Local Planning Agency
Restudy Coordination Committee
S1. Lucie County Recreation Advisory Board
Tourist Development Council
Treasure Coast Health Council, Inc.
Treasure Coast Regional Economic District/Overall Economic Development Program Committee
Vegetation Protection Committee
Bicycle/Pedestrian Advisory Committee
Attainable/AffordablelWorkforce Housing Task Force
Treasure Coast Education, Research and Development Authority Board
Smart Growth Advisory Ad Hoc Committee
Transfer of Development Rights (TOR) Advisory Ad Hoc Committee
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: S1. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
2
VITA: A SUMMARY SNAPSHOT
ROBERTA M. CONTI, Ph.D., R.N., F.A.A.N.
8266 Riviera Way
Port St. Lucie, Florida
772-465-3931
Education
Doctor of Philosophy, George Mason University. Fairfax, Virginia,
Concentration: Health Care Administration: 1993
Master of Science in Nursing, University of Maryland, Baltimore, Md.
Concentration: Nursing Administration: 1969
Bachelor of Science in Nursing, University of Maryland, Baltimore, Md. 1963
Diploma in Nursing, Bon Secours Hospital School of Nursing, Baltimore, Md. 1961
Professional Experiences in Higher Education
Assistant Professor, 1986 - 2003 and Coordinator, Administration Major,
Graduate Program, George Mason University, College of Nursing and
Health Science.
Instructor, 1963-1967 and 1969-1971, University of Maryland, School of Nursing
Also, participated in curriculum development for the Walter Reed Army
Institute of Nursing (First Military nursing degree granting program)
Selected Professional Experiences in Administration
Health Care Consultant, 1995 - Present, e.g. Veterans Administration, Pan
American Health Organization, Shore Health Systems, Fallston General
Hospital, National Rehabilitation Institute
Assistant Administrator, Suburban Hospital, Bethesda, Maryland, 1981-1985.
Assistant Administrator, Anne Arundel Hospital, Annapolis, Maryland, 1976-1981.
Educational Consultant, Hospitals Shared Computer Center, Lutherville,
Maryland, 1971-1973.
Director of Nursing, Maryland Rehabilitation Center, Baltimore, Maryland,
1972-1976.
Assistant Director of Nursing for Nursing Education, The Good Samaritan
Hospital, 1968-1969.
Nurse Case Manager, INTRACORP, Falls Church, Virginia, 1985-2000.
Honors, Awards, and Gubernatorial Appointments
Sigma Theta Tau, National Nursing Honors Society, 1969.
Fellow, American Academy of Nursing, 1975-present. First Maryland nurse to
receive this honor. The organization serves as a catalyst for the growth and
development of a responsive health care system.
Maryland Senate Resolution No. 14, State of Maryland, January 19,1976,
expressing congratulations on admission to the American Academy of
Nursing.
Gubernatorial Appointment by Governor Harry Hughes to the Maryland State Board
of Examiners of Nurses, 1979-1982.
Gubernatorial Appointment by Governor Harry Hughes to the Maryland
Commission on Nursing Issues, January, 1981. First commission of it's'
kind in the United States.
Who's Who in American Women. 1981.
Gubernatorial Appointment by Governor Harry Hughes to the Oversight
Committee for the Commission on Nursing Issues Report. April 1983-1986
Received the Outstanding Faculty of the Year Award, George Mason University,
College of Nursing and Health Science for teaching excellence 1993.
Received the George Mason University Faculty Alumni award of the Year for
teaching excellence. 1994.
Elected as Distinguished Practitioner, National Academy of Practice in
Nursing. National Academies of Practice. May, 1995. (The only
Interdisciplinary Academy in the United States)
Nominee from George Mason University for the State of Virginia Council of
Higher Education Outstanding faculty Award. 1996.
Selected as one of twenty-two nurses across the country to study in the Center for
Nursing Leadership's Program, Journey Toward Mastery. 1996.
Awarded the 1997 George Mason University Teaching Excellence Award.
Appointments
Senator, Faculty Senate of George Mason University, 1992-2003.
Board of Directors, Northern Virginia Area Health Education Center by the
Board of the Health Systems Agency of Northern Virginia. 1996-2003.
American Organization of Nurse Executives, Center for Nursing Leadership
Selection Committee, 1997.
Commissioner, Environment and Practice, American Organization for Nurse
Executives. 1994-1997.
Human and Community Service Committee, Northern Virginia Planning
District Commission. 1994-1996.
Community Advisory Commission for Affordable Health Care, Fairfax County,
Virginia, 1989-2003.
Board of Directors, Health Systems Agency of Northern Virginia, 1986-2003
(Appointed by the Northern Virginia Planning District Commission),
Chairperson, 1993- 1995, 2nd Vice Chairperson, 1988-1993, Treasurer, 1999-
2001.
Board of Trustees, The Commission on Graduates of Foreign Nursing Schools,
1982-1988.
National Chairman, Council of Nursing Administration, American Nurses
Association, 1974-1980.
Lists of Selected Publications and Scholarly Presentations are available upon request.
R.M. Conti
February, 2006
,
ITEM NO. C-10
DATE: February 13, 2007
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: AIRPORT
PRESENTED BY:
DIANA LEWIS. DIRECTOR
SUBJECT: Request for Acceptance of Conditions from the Federal Aviation Administration (FAA)
for the Release of Airport Property Required by Florida Department of Transportation
(FDOT) for Right of Way on Kings Highway for the Airport West Commerce Park.
BACKGROUND: As a condition of FOOT approval of the driveway permit for the entrance into the Airport
West Commerce Park, FOOT required a dedication of 1.47 acres of right-of-way off Kings Highway for access
and egress for the Park. According to FAA Order 5190.6A, Airport Compliance Requirements, the FAA must
review the release of any airport property from the terms of Grant Agreements between the FAA and the
Airport Owner. After providing the required justification for the release of this ROW property, the FAA has
agreed that the release of the land for this purpose would not interfere with the operation, maintenance or
future development of the St. Lucie County International Airport. This approval is subject to conditions
including right of flight over the area, restriction of heights of structures or trees, or uses that may be
considered an airport hazard, ensure that the property is used only for the stated purpose that would be
compatible with aircraft noise, and update the Airport Layout Plan and Airport Property Map to reflect the
change. Staff is requesting that the County Attorney, after review, sign off on the conditions of approval for the
Board and return this to the FAA as requested.
FUNDS AVAILABLE:
Not applicable.
PREVIOUS ACTION:
No previous actions on this request.
RECOMMENDATION:
Staff recommends that the Board authorize the County Attorney to review
and accept the conditions of the FAA release of ROW property at the
Airport West Commerce Park and sign the form to return to the FAA.
COMMISSION ACTION:
'" APPROVED () DENIED
( ) OTHER
Approved 4-0
Comm. Grande Absent
D G NDERSON
COUNTY ADMINISTRATOR
Coord i natio n/S iq n atu res
County Attorney (~
Originating Dept.
Mgt. & Budget ( )
Other ( )
Purchasing ( )
Other ( )
Finance: (check for copy, only if applicable)_
f
BOARD OF
COUNTY
COMMISSIONERS
AIRPORT
Diana Lewis, Director
MEMORANDUM
To: Board of County Commissioners
From: Diana Lewis, Airport Director
Date: February 1, 2007
Re: Request for Acceptance of Conditions from the Federal Aviation Administration (FAA) for the
Release of Airport Property Required by Florida Department of Transportation (FDOT) for
Right of Way on Kings Highway for the Airport West Commerce Park.
*******************************************************************************************************************
As a condition of FDOT approval of the driveway permit for the entrance into the Airport West Commerce Park,
FDOT required a dedication of 1.47 acres of right-of-way off Kings Highway for access and egress for the Park.
According to FAA Order 5190.6A, Airport Compliance Requirements, the FAA must review the release of any
airport property from the terms of Grant Agreements between the FAA and the Airport Owner. After providing
the required justification for the release of this ROW property, the FAA has agreed that the release of the land
for this purpose would not interfere with the operation, maintenance or future development of the St. Lucie
County International Airport. This approval is subject to conditions including right of flight over the area,
restriction of heights of structures or trees, or uses that may be considered an airport hazard, assurance that
the property is used only for the stated purpose that would be compatible with aircraft noise, and requirement
to update the Airport Layout Plan and Airport Property Map to reflect the change.
Staff is requesting that the County Attorney, after review, sign off on the conditions of approval for the Board
and return this to the FAA as requested.
·
o
Orlando Airports District Office
5950 Hazeltine National Dr., Suite 400
Orlando, FL 32822-5003
Phone: (407) 812-6331
Fax: (407) 812-6978
U,S. Department
of Transportation
Federal Aviation
Administration
January 18, 2007
Ms. Diana Lewis
Airport Director
St. Lucie County International Airport
3000 Curtis King Blvd.
Ft. Pierce, Florida 34946
Dear Ms. Lewis:
RE: St. Lucie County International Airport; Ft. Pierce, Florida
Request for Release of Airport Property
Airport West Commerce Park (AWCP)
We refer to a written request dated December 19, 2006, wherein you, on behalf of the
St. Lucie County, hereafter referred to as Airport Owner, requested that +/- 1.47 acres
of St. Lucie County International Airport be released from the terms of Grant
Agreements between the Federal Aviation Administration (FAA) and the Airport Owner.
The requested release is for the purpose of permitting the Airport Owner to convey title
of this property to the Florida Department of Transportation for right-of-way purposes.
We have concluded that this property, as described below, is no longer needed for
aeronautical purposes and that the release and use of such land for the stated purpose
will not interfere with the operation, maintenance or future development of the St. Lucie
International Airport.
Airport West Commerce Park Right-Of-Way Description:
A part of those lands described in Official Records Book 1053, Page 765,
Public Records, St. Lucie County, Florida, being more particularly
described as follows:
The East 30.00 feet of the West 101.00 feet the North 1f2 of the Northwest %,
Section 25, Township 34 South, Range 39 East, St. Lucie County, Florida.
Together with
The East 30.00 feet of the West 101.00 feet of the South 964.00 feet of the
South 1f2 of the Southwest %, Section 24, Township 34 South, Range 39
East, St. Lucie County, Florida.
Containing in all 1.47 acres, more or less.
By accepting this release, the Airport Owner agrees to:
2
1. Insure that they and their successors and assigns retain, for the use and benefit of
the public, the right of flight for the passage of aircraft in the airspace above the
surface of the subject property, the right for existing and future aircraft to generate
noise in that airspace, and the right to use the airspace to land on or take off from
the airport.
2. Insure that they and their successors and assigns restrict the height of structures,
objects of natural growth and another obstructions on the subject property to such
a height so as to comply with Federal Aviation Regulations, Part 77.
3. Insure that they and their successors and assigns prevent any use of the subject
property which would interfere with landing or taking off of aircraft at St. Lucie
County International Airport or otherwise constitute an airport hazard.
4. Retain or reserve necessary interests or rights to ensure that the subject property
will only be used for purposes which are compatible with the noise levels generated
by aircraft using the airport.
5. Update the Airport Layout Plan upon acceptance of the release and revise the
Exhibit "A" property map to reflect the new airport boundaries.
In consideration of these premises, the FAA agrees to release the Airport Owner from
the obligations, terms, and conditions of the existing grant agreements as of the date of
this agreement as they may relate to the subject property:
Please indicate your acceptance of these conditions by signing and completing the
bottom portion of this letter and its enclosed duplicate and returning one copy to our
office.
Accepted for St. Lucie County Board of County Commissioners
By:
Title:
Date:
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
ST. LUCIE COUNTY - AIRPORT WEST COMMERCE PARK
FORT PIERCE. FLORIDA
30' ADDITIONAL RIGHT-OF-WAY FOR KINGS HIGHW'AY
LEGEND
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482. South Keller Road
Orlando. FlorIda 32810-6101
Tel: 407/641-7275 Certificate No. LB 24
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AGENDA REQUEST
ITEM NO. 11.
DATE: Feb. 13,2007
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: DON MCLAM
ASSISTANT DIRECTOR
SUBMITTED BY (DEPT): CENTRAL SERVICES
SUBJECT: David Brooks Enterprises, Inc. I Contract No. C05-12-636
Construction of the New Clerk of Court Building
Change Order No.9
BACKGROUND:
SEE A TTACHED MEMORANDUM
FUNDS AVAIL:
316-1930-562000-16012 (Buildings)
315-1930-562000-16012 (Buildings)
317 -1930-562000-16012 (Buildings
310003-1930-562000-16012 (Buildings)
316301-1930-562000-16012 (Buildings)
PREVIOUS ACTION: On January 23,2007, the Board approved a conceptual of Change Order No.
8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction of the Old
Courthouse. Before final execution, Change Order No.8 will be presented to the Board for final
approval.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change
Order No.9 to #C05-12-636, David Brooks Enterprises, to incorporate changes to the contract for
a combined cost of $115,198.00 (reducing the projects contingency allowance $115,198.00),
increasing the Owner Direct Purchase Order Allowance by $800,000.00 (established in Contract
#C05-12-636), and to extend the contract time fourteen (14) days, changing the date of substantial
completion to October 30,2007. Staff further recommends the Board authorize the Chair to sign
the Change Order as prepared by the County Attorney.
MISSION ACTION:
~ APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
County Attorney: ç../ <l
Originating Dep~~
Finance: (Check for Copy only, if Applicable)
Mgt. & Budget:
Doug A erson
County Administrator
Purchasing Mgr.: ~
Other:
Coordination/Signatures
Other:
Eft. 1/97
H:\AGENDl<.\l<,GENDA-181 D,>tVID BROOKS CO 9.DOC
MEMORANDUM
DEPARTMENT OF CENTRAL SERVICES
TO:
BOARD OF COUNTY COMMISSIONERS
FROM:
Don McLam, Assistant Director
DATE:
February 13, 2007
SUBJECT: David Brooks Enterprises, Inc. / Contract No. C05-12-636
Construction of the New Clerk of Court Building
Change Order No.9
...............................................................................
BACKGROUND: On December 6th, 2005, the Board of County Commissioners approved
Contract No. C05-12-636, between S1. Lucie County and David Brooks Enterprises, for the
construction of the New Clerk of Court Building. On January 1 ih, 2006, the Board of County
Commissioners approved the establishment of an Owner Direct Purchase Order Allowance with
David Brooks Enterprises for the construction of the New Clerk of Court Building.
Staff is seeking approval of Change Order No.9 to make the following changes to
Contract No. C05-12-636:
· Various changes incorporated into the contract by the contractor: No. 3A, 34A-R, 43R,
44,45,46,50 & 57, at a cost of$115,198.00 (reducing the projects contingency
allowance $115,198.00). The Project Manager has reviewed these changes.
· To continue with the cost-effective measure of an Owner Direct Purchase Order
Allowance with David Brooks Enterprises for S1. Lucie County, staff is requesting to
increase the allowance an additional $800,000. This will decrease the original contract
sum amount from $13,275,641 to $12,475,641.
· In order to accomplish revisions with the security control, staff is requesting to extend the
contract time fourteen (14) days. This will change the date of substantial completion to
October 30, 2007.
(Please see attached documents)
RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change
Order No.9 to #C05-12-636, David Brooks Enterprises, to incorporate changes to the contract for a
combined cost of $115,198.00 (reducing the projects contingency allowance $115,198.00),
increasing the Owner Direct Purchase Order Allowance by $800,000.00 (established in Contract
#C05-12-636), and to extend the contract time fourteen (14) days, changing the date of substantial
completion to October 30, 2007. Staff further recommends the Board authorize the Chair to sign the
Change Order as prepared by the County Attorney.
CHANGE ORDER
ST. LUCIE COUNTY
PROJECT:
(name, address)
New Clerk of Courts Building
TO (Contractor):
David Brooks Enterprises, Inc.
9000 Burma Rd., Ste. # 101
Palm Beach Gardens, FL 33403
CHANGE ORDER NUMBER:
INITIATION DATE:
9
J an . 25 , 2 0 0 7
CONSULTANT'S PROJECT NO.:
ST. LUCIE COUNTY
CONTRACT NO: C05-l2-636
CONTRACT DATE:
12-07-05
You are directed to make the following 'changes in this Contract:
(Additional'sheet attached as Exhibit A - Yes No)
1. Incorporate changes to the contract submitted as pending
changes (P.C.) No. 3A, 34A-R, 35R2, 43R, 44, 45, 46, 50
& 57 per attached summary.
2. Reduce Owner's Contingency Allowance
3. Increase Allowance for Owner Direct Purchases
NET TOTAL
$ 115,198.00
($ 115,198.00)
($ 800,000.00)
($ 800,000.00)
The original (Contract Sum) (Gt:Jftl'flflt-eee\-Ma;<Ïfflt.ffitBes-B- was ...................... '. . .. $11, 863, 000. 00
Net change by previous authorized Change orders ..................................... $ 1, 412, 64 J.. 00
The (Contract Sum) (G.ua.¡;antee.d-.M2x.imu~Co.s.t) prior to this Change Order was ....... $13 275 641 00
The (Contract Sum) tGttafa-rttB9d-Max.i¡:¡:¡.y~G&t) will be (~@d.} (decreased or ".
-6fta.r+g.OO) by this Change Order.................................................... ...($ 800.000.00)
The new (Contract Sum) ~~2,)Ç.j.r+lu.r+I~1} including this Change Order will be $12,475,641. 00
The Contract Time will be (increased) f<jeGFeasOOt (y.¡;¡.M.a~) by (14 ) Days
The Date of Substantial Completion as of the date of this Change Order therefore is: 30 Oct. 2007
Funds Available:
Account Number
(RPe ~rt.0r.hpò Rhpp.r)
The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price
and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By
executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time
adjustments include the costs and delays for all work contained in the Change Order, including costs and delays
associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on
all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and
satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of
performance caused directly and indirectly from the Change Order, subject to the current SCOPE? of theentire work as
set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and
Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor wil1 waive
all rights to file a claim on this Change Order after it is properly executed. All work perforlì)éd under this Change Order
shall be performed in accordance with the contract specifications.
Recommended:
Edlund Dritenbas Binkley & Assoc.
Architect/Engineer
65 Royal Palm Pointe, Vero Bch. FT.
Address
By Date
Agreed To:
David Brooks Enterprises, Inc.
Contractor
9000 Burma Rd., # 101,
Address ~ ~
~J ~
By
PBG, FL
ú) I - zt;- 0 q
Date
",}U17:-:" \!r-"1~,,~."""',
r.r-,: r-.:-;>.,:,........,--,:-. ,.-,.., " '" "-,,.-.
Approved:
Central Services
St. Lucie County Department
2300 Virgini~ ÃVP. ¡ Fr
Ad!;SS . ìL l LA
_ YJjj LL
By
. pi f2rC'P, FL
'2.-,1 1/7--Cl d'l
Date
Authorized: .
81. LucieCounty: 2300VirginiaAve., Ft. Pierce, FL34982
By
Approved as to Form and Correctness
Date
County Attorney
AVAILABLE FUNDING FOR THE CONSTRUCTION OF
THE NEW CLERK OF COURT BUILDING
· 316-1930-562000-16012
· 315-1930-562000-16012
· 317-1930-562000-16012
· 310003-1930-562000-16012
· 316301-1930-562000-16012
ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING
CHANGE ORDER NO.9 SUMMARY
January 25, 2007
P.C.
..... -.-,
No. Description Price Days
3A Added Modular Wirinq Components $28,627
34A-R Shielded Transformer T-13 $9,100
35R2 MFT Re-design $24,844
43R Security Control Revisions $41,842 14
44 Added Lintels $528
45 General Drawinq Revisions $7,302
46 Sanitary Sewer Connection $15,326
50 Mechanical Room Hose Bibs $2,429
57 Delete Foldinq Partition ($14,800)
TOTALS $115,198 14
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9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
December 5, 2006
Mr. Greg White
St. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce. FL 34982
Fax: (772) 462-1444
Re: Clerk of Courts Office Building
Fire Marshall Revisions - Added Modular Wiring Components
Pending Change No. 3A
Dear Greg:
Change order number 3 included costs associated with adding emergency circuitry in response
to the Fire Marshal requirements. While the pricing included work performed by the electrical
contractor. it did not allow for the added modular wiring components necessitated by the
change.
We request that a change order be approved in the amount of Twenty EiQht Thousand Six
Hundred Twentv Seven Dollars ($28,627.00) for the additional costs associated with these
components.
Please review the attached back-up documentation and let me know if you have questions or
require additional information.
Sincerely.
David Brooks Enterprises, Inc.
ACCEPTED:
St. Lucie County
\
David Brooks
President
By:
Date:
/
Print Name / Title
Cc Paul Dritenbas. EDB (Fax: 772-569-9208)
Rick Wilhelm. DBE
File
Y:\Clerk of Courìs\Pending Changes\P.C, # 3Adoc
General Contractors · Construction Management
F ED
NOV 0 I 2006
DAVID BROOKS
ENTERPRISES, INC.
9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
November 1, 2006
Mr. Greg White
St. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce, FL 34982
Fax: (772) 462-1444
Re: Clerk of Courts Office Building
Shielded Transformer T -13
Pending Change No. 34A-R REVISED
Dear Greg:
Change Order NO.7 included changing to a K13 shielded rating for the"T" transformer. Subsequent
to this change the electrical engineer has asked to consider changing the "T-3" transformer to a
shielded transformer as well.
We have revised the proposal for making this change to incorporate the October 25 comments and
recommendation from OCI. The revised net change for making this change, including 200% neutral
conductors, is Nine Thousand One Hundred Dollars ($9.100.00).
The electrical contractor has advised that procurement of his gear is dependant on a timely decision.
Please review the qualifications contained in the attached proposal and let me know if you have
questions or require anything else.
Sincerely,
David Brooks En
ACCEPTED:
St. Lucie County
~~
ba~rooks
President
By:
Date:
I
Print Name I Title
Cc Paul Dritenbas, EDB (Fax: 772-569-9208)
Rick Wilhelm, DBE
File
Y:\Clerk of Courts\Pending Changes\P.ç. f34A-Rdoc
Vt;e{?I}L ApP£OVI}L- fßotv{ (;~G_ k/. (/- 22 .ob
General Contractors · Construction Management
ooks
9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
December 8, 2006
Mr. Greg White
St. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce, FL 34982
Fax: (772) 462-1444
Re: Clerk of Courts Office Building
MFT Redesign / "Speed Bumps"
Pending Change No. 35R2 - REVISED
Dear Greg:
Drawings M-2A, M-3A, M-4A, M-5A; E-11 thru E-14; E-23 and E-28 as revised 10/26/06 show a
new design for the MFT units as well as the addition of ductwork "speed bumps". These
drawings also show the circuitry required for the MFT's.
As discussed at our December 5 meeting, the use of "speed bumps" is being re-evaluated. I
have therefore re-priced this proposal exclusive of the speed bumps. Once the final design is
established a separate proposal will be submitted accordingly.
The net impact on price exclusive of the "speed bumps" is therefore Twenty Four Thousand
Eight Hundred Forty Four Dollars ($24,844.00). Assuming a timely approval, we will not
require a time extension in order to accommodate these changes.
Please note the qualifications included in the attached subcontractor proposals. Specifically,
note that the complete theoretical savings in electrical gear cannot be fully realized due to the
timing of the changes. Also note that York has made a point of recommending against the level
of reductions proposed.
Please don't hesitate to let me know if you have questions or require any additional information.
Sincerely,
~n~
David Brooks
President
ACCEPTED:
St. Lucie County
By:
Date:
/
Print Name / Title
Cc Paul Dritenbas, EDB (Fax: 772-569-9208)
Rick Wilhelm, DBE
File
Y:\Cleri< of Courts\Pending Changes\P.C, #35R2.doc
General Contractors · Construction Management
DEC 0 8 2006
DAl¡n-,¡ ,-, "",, .'
,'V fL.)' ¡,"-¡,~....,·t 't.r\~.:'""",
E L;, !\.J'L¡;¡\~
- NTFR· D¡:;, ¡ "". 1:::- ,-.
""4' .£ ~ }i;""'",- .....: Si!'>. ,-"
'- :; .. ~ \; .......;..
9000 Burma Road, Su ite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
December 8, 2006
Mr. Greg White
St. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce, FL 34982
Fax: (772) 462-1444
Re: Clerk of Courts Office Building
Security Control Revisions
Pending Change No. 43R - REVISED
Dear Greg:
Per your direction we are proceeding with the referenced changes exclusive of the added and
upgraded (Sonotrol) equipment. In addition to deleting the security equipment, I have also deleted a
portion of the hardware changes that were already incorporated by a previous change order.
The price for this work thus revised is now Forty One Thousand Eiaht Hundred Fortv Two Dollars
($41.842.00). We also request a contract time extension of fourteen (14) calendar days in order to
accomplish these changes.
By separate transmission I have forwarded a cost breakdown for the Sonotrol equipment for your
consideration. A separate proposal will be submitted following your decision and direction.
Please review the attached proposals as they contain important scope and other qualifications. Let
me know if you have questions or require additional information.
Sincerely,
David Brooks Enter
ACCEPTED:
51. Lucie County
David Brooks
President
By:
Date:
I
Print Name / Title
Cc Paul Dritenbas, EDB (Fax: 772-569-9208)
Rick Wilhelm, DBE
File
Y:\Clerk of Courts\Pending Changes\P.C. #43R.doc
General Contractors · Construction Management
9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
September 26, 2006
Mr. Greg White
St. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce, FL 34982
Fax: (772) 462-1444
Re:
Clerk of Courts Office Building
RubÐer TI'Cðð5 lì ~isers ::¡talrwell ¡¡. 1
Pending Change ~ 44-
Dear Greg:
L(~S
The engineer's response to RFI # 98 called for the addition of ten (10) steel angle lintels on the
referenced project. In order to cover the cost of this work we request that a change order be
approved in the amount of Five Hundred Twenty EiQht Dollars ($528.00). No additional time will
be requested in order to accommodate this change.
Please review the attached documentation and let me know if you have questions or require
additional information.
Sincerely,
~~T~r!~
David Brooks
President
ACCEPTED:
St. Lucie County
By:
Date:
I
Print Name I Title
Cc Paul Dritenbas, EDB (Fax: 772-569-9208)
Rick Wilhelm, DBE
File
Y:\Clerk of Courts\Pending Changes\P.C. #44.doc
General Contractors · Construction Management
.....ooks
), . .
ENTERPRISES
9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
November 28, 2006
Mr. Greg White
St. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce, FL 34982
Fax: (772) 462-1444
Re: Clerk of Courts Office Building
Drawings A-1 thru A-5, A-20 & A-22 Revised Oct. 2, 2006
Pending Change No. 45
Dear Greg:
We have reviewed the referenced revisions to the drawings for the referenced project. In order
to accommodate the changes to the hardware and drywall work, we request that a change order
be processed in the amount of Seven Thousand Three Hundred Two Dollars ($7.302.00)
Please review the attached back-up information and let me know if you have questions or
require anything else.
Sincerely,
David Brooks Enterprises, Inc.
D~~
David Brooks
President
ACCEPTED:
St. Lucie County
By:
Date:
I
Print Name / Title
Cc Paul Dritenbas, EDB (Fax: 772-569-9208)
Rick Wilhelm, DBE
File
Y:\Cleri< of Courts\Pending Changes\P.C. #45.doc
General Contractors · Construction Management
..
a· oaks
" . .
ENTERPRISES
9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
November 10, 2006
Mr. Greg White
81. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce, FL 34982
Fax: (772) 462-1444
Re: Clerk of Courts Office Building
Sanitary Sewer Connection
Pending Change No. 46
Dear Greg:
Revision number six (6) to the Civil drawings C-1 and C-2 show the addition of a sanitary
"doghouse" manhole and a sanitary service line. We offer to perform this additional work for the net
sum of Fifteen Thousand Three Hundred Twenty Six Dollars ($15.326.00). Assuming a timely
approval we will not require additional contract time to complete this work.
Please note that we have not included video inspection of the sewer line. If this is a requirement it
will be at an additional cost. We also exclude any repair or replacement of the asphalt paving as we
understand this will be performed as part of an overall improvement plan in the future.
Please review the attached back-up information and let me know if you have questions or require
anything else.
Sincerely,
David BrÇ,>oks Ent~es, ~
~f)\~
bav~
President
ACCEPTED:
St. Lucie County
By:
Date:
/
Print Name / Title
Cc Paul Dritenbas, EDB (Fax: 772-569-9208)
Rick Wilhelm, DBE
File
Y:\Clerk of Courts\Pending Changes\P.C. #46.doc
General Contractors · Construction Management
&qº~
9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
November 28, 2006
Mr. Greg White
St. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce, FL 34982
Fax: (772) 462-1444
Re: Clerk of Courts Office Building
Added Hose Bibs @ Mechanical Rooms
Pending Change No. 50
Dear Greg:
Per your request we have priced relocating the hose bib in the first floor generator room to the
mechanical room and adding (4 ea.) hose bibs in the upper floor mechanical rooms. The net price
for this work is Two Thousand Four Hundred Twenty Nine Dollars ($2.429.00).
Please review the attached back-up information and let me know if you have questions or require
anything else.
Sincerely,
David Brooks E
\a:¿:.)
President
ACCEPTED:
St. Lucie County
By:
Date:
I
Print Name / Title
Cc Paul Dritenbas, EDB (Fax: 772-569-9208)
Rick Wilhelm, DBE
File
Y:\Clerk of Courts\Pending Changes\P.C. #50.doc
General Contractors · Construction Management
JAN 1 2 2007
ooks
Df}~\/ i
9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980
January 12, 2007
Mr. Greg White
St. Lucie County Central Services Dept.
2300 Virginia Ave.
Fort Pierce, FL 34982
Fax: (772) 462-1444
Re: Clerk of Courts Office Building
Delete Foldi~ Partition
p. C. #5/
Dear Greg:
We offer to delete installation of the folding partition on the referenced project for a net credit of
Fourteen Thousand Eiaht Hundred Dollars ($14,800.00). The track and supporting structure
will remain.
Please review the attached documentation and let me know if you have questions or require
additional information.
Sincerely,
David Brooks Enterprises, Inc.
~ßS
President
ACCEPTED:
St. Lucie County
By:
Date:
I
Print Name I Title
Cc Paul Dritenbas, EDB (Fax: 772-569-9208)
Rick Wilhelm, DBE
File
Y:\Clerk of Courts\Pending Changes\P.C, #57.doc
General Contractors · Construction Management
.,.
Agenda Request
Item Number
Date:
f'. \ L
G\
2/13/2007
Consent
Regular
Public
Hearing
Leg. [ ]
[ X ]
[ ]
[ ]
Quasi-JD [
To:
Submitted By:
Board of County Commissioners
Environmental Resources
SUBJECT:
Request the Board approve Budget Resolution 07-055 to accept $2,041 from the Florida
Wildflower Foundation, Inc. to plant native plants at Pepper Park.
BACKGROUND:
St. Lucie County has received $2,041 from the Florida Wildflower Foundation, Inc. to
plant native plants at Pepper Park Staff is requesting that the Board approve Budget
Resolution 07-055 so that the funds can be appropriated and expended.
FUNDS AVAILABLE:
Funds will be made available in 102806-3920-552311-300($991 - Landscaping
Supplies) and 102806-3920-551200-300 ($1050 - Equipment < $1000) Environmental
Regulations - Wildflower Grant.
PREVIOUS ACTION:
On August 15, 2006 the Board approved the submittal of the grant application and
approved acceptance if awarded for funding by Florida Wildflower Foundation, Inc.
RECOMMENDATION:
Staff recommends that the Board approve Budget Resolution 07-055 to accept $2,041
from the Florida Wildflower Foundation, Inc. to plant native plants at Pepper Park.
~. COMMISSION ACTION:
L.:J APPROVED D DENIED
c=J OTHER
Approved 4-0
Comm. Grande Absent
~""~ A~mey ~~
Originating Dept.: I
Finance:
ouglas M. Anderson
County Administrator
CoooI'oolio" s"''':g ~
Mgt. & Budget: ~(
Other:
Purchasing: ~
Other:
Environmental Resources
Department
MEMORANDUM
BOCC
Vanessa Bessey, Environmental Resources Director~
TO:
FROM:
Date:
February 13, 2007
Agenda Request
Request the Board approve Budget Resolution 07-055 to accept
$2,041 from the Florida Wildflower Foundation, Inc. to plant native
plants at Pepper Park.
Subject:
~
-
"""'''''''"=-,::::,:;;;~~~,''-,,
_ ..;;B>
St. Lucie County has received $2,041 from the Florida Wildflower Foundation, Inc.
to plant native plants at Pepper Park Staff is requesting that the Board approve
Budget Resolution 07-055 so that the funds can be appropriated and expended.
Funds will be made available in 102806-3920-552311-300($991 - Landscaping
Supplies) and 102806-3920-534000-300 ($1050 - Other Contractual Services)
Environmental Regulations - Wildflower Grant.
Staff recommends that the Board approve Budget Resolution 07-055 to accept
$2,041 from the Florida Wildflower Foundation, Inc. to plant native plants at
Pepper Park.
cc:
Yvette Alger, Environmental Planning Coordinator
RESOLUTION NO. 07-055
WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget
for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available in the form of a donation/contribution from the Florida Wildflower Foundation, Inc. in the amount
of $2,041.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County,
Florida, in meeting assembled this 13th day of February, 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
102806-3920-337340 -300
Florida Wildflower Foundation, Inc.
$2,041
APPROPRIATIONS
102806-3920-552311-300
102806-3920-551200-300
Landscaping Supplies
Equipment < $, 1000
$991
$1,050
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 13th DAY OF FEBRUARY, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
AGENDA REQUEST
ITEM NO. C13-A
DATE: February 13, 2007
REGULAR []
PUBLIC HEARING []
CONSENT [X]
TO: Board of County Commissioners
SUBMITTED BY (DEPT): Grants / Disaster Recovery
PRESENTED BY:
Bill Hoeffner
SUBJECT:
Authorize St. Lucie County to submit a request to the Department of Environmental
Protection to modify the boundary of the Indian River Lagoon Blueway Florida Forever
Project to include 289.8 acres to be involved in the Harbor Branch Oceanographic Institute
(HBOI) Project. The boundary modification will allow the HBOI project to become eligible for
approximately $30 million in funding from the Florida Forever program and therefore
essentially serves as an application for Florida Forever funding assistance. Also authorize
St. Lucie County to increase the acreage that potentially could be acquired from HBOI from
220 acres to approximately 253 acres. Also add two additional parcels, that are not owned
by HBOI, to the HBOI Project:
1. Dennis (1405-423-0000-0005) 15.81 acres,
2. Riverside 1405-432-0000-0003) 21.04 acres.
BACKGROUND:
Please see attached memorandum.
FUNDS AVAIL:
Funding for land acquisition through the Florida Forever Fund does not require matching
funds.
PREVIOUS ACTION: On 9/26/2006, the Board approved the County partnering with the Trust for Public Lands to
acquire the Harbor Branch lands. The Trust for Public Lands will serve as interim owner of
the Harbor Branch lands until grant funding for acquisition becomes available.
RECOMMENDATION: Staff recommends the Board authorize the submittal of a request to the Department of
Environmental Protection to modify the boundary of the Indian River Lagoon Blueway
Project. Staff also recommends the BOCC authorize increasing the acreage that
potentially could be acquired from HBOI from 220 acres to 253 acres and authorize the
addition of two parcels (Dennis 1405-423-0000-0005 acres and Riverside 1405-432-0000-
0003) that are not owned by HBOI to the Florida Forever project.
Dou as derson
County Administrator
Coordination/Signatures
COMMISSION ACTION:
[ )(I APPROVED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
County Attorney: U~~
Originating Dept: ~Þ1~
Finance: (copiés ~ly):
DENIED
Mgt , Budget:
Public Works:
Purchas:inq :
Other:
."
ST. LUCIE COUNTY
GRANTS / DISASTER RECOVERY
DEPARTMENT
MEMORANDUM
To:
From:
Date:
Subject:
Board of County Commissioners
Bill Hoeffner
February 5,2007
Consent Agenda Item C13 (Harbor Branch Oceanographic Institute)
In a cooperative effort involving Senator Ken Pruitt and President Frank Brogan of Florida
Atlantic University, St. Lucie County developed a proposal to acquire 220 of 520 acres owned
by HBOI. The proposal was presented to HBOI on 8/28/2006 in a meeting that involved
Senator Pruitt, President Brogan and County Administrator Douglas Anderson. At that meeting,
HBOI agreed in principle to the proposal. The County intends to apply for financial assistance
from the Florida Forever Program to acquire a major portion of the lands. The Florida Forever
Program has provided an informal assessment of value of the lands of up to $30 million.
To be eligible for funding assistance from the Florida Forever Program, the HBOI project must
be added through a boundary modification to an existing Florida Forever Priority A Project. The
Indian River Lagoon Blueway Project is a Florida Forever Priority A Project that spans five
counties from Volusia County to the north to Martin County to the south. The purpose of the
Indian River Lagoon Blueway project is to acquire environmentally sensitive lands that border
the Indian River Lagoon. The HBOI project therefore falls within the project area of the Indian
River Lagoon Blueway Project and is consistent with the purpose of that project. If approved by
the BOCC, the County will request that HBOI project be added to the Indian River Lagoon
Blueway project through a boundary amendment.
Since the meeting of 8/28/2006, St. Lucie County has asked the Trust for Public Lands to assist
in acquisition of HBOI lands by serving as an interim owner until St. Lucie County is able to
secure grant funding. During negotiations between HBOI and TPL, HBOI expressed a possible
interest in selling an additional 33 acres, which would increase the project from 220 acres to 253
acres. The exact acreage to be acquired will be determined as negotiations continue. Also, at
the request of the Mosquito Control District Director, two additional parcels (Riverside and
Dennis) are being added to the HBOI project. The parcels are immediately to the north of the
HBOI parcels and south of two parcels owned by Coconut Cove LLC. All of the parcels (HBOI,
Coconut Cove, Riverside, and Dennis) are part of a historic mosquito impoundment. Since all
are part of the same wetland system, control of all either through ownership or easement is
needed for proper management. The SFWMD has obtained a conservation easement on the
Coconut Cove parcels and the St. Lucie County Mosquito Control District will be managing
these parcels if the County is successful in acquiring the HBOI, Riverside, and Dennis
properties. All of the wetland parcels will be hydrologically re-connected to the Lagoon. An
aerial map delineating the parcels to be involved in the Florida Forever Project is attached. The
Riverside and Dennis parcels are the two northernmost parcels that border the Lagoon. Both
owners have been contacted and have expressed a willingness to sell.
;"'"
Staff recommends the Board authorize the submittal of a request to the Department of
Environmental Protection to modify the boundary of the Indian River Lagoon Blueway
Project. Staff also recommends the BOee authorize increasing the acreage that
potentially could be acquired from HBOI from 220 acres to 253 acres and authorize the
addition of two parcels (Dennis 1405-423-0000-0005 acres and Riverside 1405-432-0000-
0003) that are not owned by HBOI into the Florida Forever project.
"
Harbor Branch Project
w
E
AGENDA REQUEST
ITEM NO. C13-B
DATE: February 13, 2007
REGULAR []
PUBLIC HEARING []
CONSENT [X]
TO: Board of County Commissioners
SUBMITTED BY (DEPT): Grants / Disaster Recovery
PRESENTED BY:
Bill Hoeffner
SUBJECT: Authorize the submittal of a grant application to the Florida Division of
Emergency Management for a grant not to exceed $25,000 to be utilized
to continue the development of a Community Emergency Response Team (CERT).
Also authorize the acceptance of the grant if it is approved for funding.
BACKGROUND: CERT is a cooperative effort between the County's Sheriff's Office, Fire
District, Public Safety Department, and Indian River Community College to
train citizen volunteers to be prepared for emergency situations in their
community and neighborhood. CERT members give critical support to first
responders in emergencies, provide immediate assistance to victims,
collect disaster information to support first responder efforts and
provide that first neighborhood help in the immediate hours following a
major emergency. The program in St. Lucie County was initiated two years
ago and during the past two years more than 100 volunteers have been
trained. The program is coordinated by Indian River Community College,
which also provides supervision and office space for the program. The
Fire District, Sheriff's Office, and the Public Safety Department have
assisted in providing training and additionally provide financial
contribution of $6,000 each. Grants have been acquired in two prior years
to initiate and continue the program. A grant of not more than $25,000 is
being sought this year to continue the program. Grant funds will be
utilized to train an additional 40-60 volunteers and to provide refresher
training to existing volunteers.
FUNDS AVAIL.: A match is not required for the grant.
PREVIOUS ACTION: On 2/3/2005, the BOCC approved the submittal and acceptance of a grant in
the amount of $29,000 to initiate the CERT program. On 2/14/2006, the
BOCC approved a second grant in the amount of $25,000 to continue the
CERT program.
RECOMMENDATION: Staff recommends the Board authorize the submittal of the grant
application to the Division of Emergency Management for the continuation
of the CERT program and the acceptance of the grant if funding is
approved.
[.. )d
[ ]
APPROVED
OTHER:
DENIED
COMMISSION ACTION:
Approved 4-0
Comm. Grande Absent
County Attorney:
Originating Dept:
Finance:
l/}'
':/1 A "
J":"~ / /fV
Coordination/Signatures
Mqt , Budget:
Public Works:
Purchasing:
Other:
,
AGFNßA RF.(}TTF.ST
ITF.M NO: 14
DA TF.: February 13, 2007
Regular [ ]
Public Hearing [
Consent [ X ]
IQ: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
John Franklin, Housing Manager
STTRMTTTFD RV: Community Services Division
SITR.rnCT: Permission to advertise a Request for Qualifications (RFQ) for Construction Contractors for rehabilitation of
homes using funding from the State Housing Initiative Partnership (SHIP) Program and other County housing assistance
programs.
RACKC.ROIJNß: In order to speed the process of rehabilitating homes, staff is requesting going out for a RFQ for general
contractors to perfonn repairs on homes through the St. Lucie County State Housing Initiative Partnership (SHIP) program and other
County housing assistance programs. A list of qualified contractors will be approved by the Board and then the approved contractors
will submit an estimate to Community Services and the contractor with the lowest qualified estimate will perfonn the work. The
general contractors will put together a team of subcontractors who can perfonn all types of home repairs. The work may include but is
not limited to roof repair or replacement, repair to the structure of the house, window and door repair or replacement, electrical service
up-grades, interior and/or exterior plumbing service up-grades.
FTTNDS A V A IT,: Various housing programs
PRF.VTOTTS ACTION:
N/A
RF.COMMF.NDATION: Staff recommends approval to advertise a Request for Qualification for Construction
Contractors for rehabilitation of homes under the State Housing Initiative Partnership (SHIP) Program and other County
housing assistance programs and authorize Chair to sign necessary documents.
COMMTSSION ACTION:
CONC
E:
l)è APPROVED [] DENIED
[ ] OTHER:
Approved 4-0
Comm. Grande Absent
Do s M. Anderson
County Administrator
Coorrlin ation/Sign sture!!
County Attorney: x ~
Originating Department: x
Finance: x Check for copy only, if applicable
Management & Budget ~
Other:
Purchasing: x.M
Other:
COMMUNITY SERVICES
MEMORANDUM #07-123A
TO:
Board of County Commissioners
FROM:
John Franklin, Housing Manager
SUBJECT: General Contractors for the SHIP Program
DATE:
February 13, 2007
We would like to place under contract, several general contractors to perform
repairs on homes through the St. Lucie County State Housing Initiative
Partnership (SHIP) and other County housing assistance programs.
The responsibilities would be as follows:
· The Housing Department staff will determine the homeowner's and
property's eligibility for SHIP emergency repair program and a pre-bid
meeting will be held at the home with the approved contractors. The
contractor with the lowest estimate will perform the work.
· The general contractors will put together a team of subcontractors who can
perform all types of home repairs.
· The work may include but is not limited to roof repair or replacement, repair
to the structure of the house, window and door repair or replacement,
electrical service up-grades, interior and/or exterior plumbing service up-
grades.
Recommendation: Staff recommends approval to advertise a Request for
Qualification for Construction Contractors for rehabilitation of homes under
the State Housing Initiative Partnership (SHIP) Program and other County
housing assistance programs and authorize Chair to sign necessary
documents.
/\ .f il
~~-' I
PURCHASING DEPARTMENT
MEMORANDUM
~. -~- --- --.--,-..-.,. ->" ...- - -
-.. - - ~" ._,-,
.-.."--,--._- _..- -...- .
- ..' --- - -.---"-'- -.
TO:
Board of County Commissioners
FROM:
Neil Appel, C.P.M., Purchasing Director
DATE:
February 12, 2007
RE: Request Board permission to advertise a Request for Qualifications (RFQ) for
Construction Contractors for rehabilitation of homes using funding from the State Housing Initiative
Partnership (SHIP) Program and other County housing assistance programs.
BackQround:
To facilitate the process of rehabilitating homes, staff is requesting permission to issue a Request
For Qualifications (RFQ) for general contractors to perform repairs on homes through the St. Lucie
County State Housing Initiative Partnership (SHIP) program and other County housing assistance
programs. The Board will approve a list of qualified contractors, and then only the approved
contractors will be issued Invitations to Bid by Community Services to perform the work. The
contractor that submits the lowest responsive, responsible bid will be awarded the work.
The general contractors will put together a team of subcontractors who can perform all types of
home repairs. The work may include but is not limited to roof repair or replacement, repair to the
structure of the house, window and door repair or replacement, electrical service up-grades, interior
and/or exterior plumbing service up-grades.
Recommendation:
Staff requests Board approval to advertise a Request for Qualifications (RFQ) for Construction
Contractors for rehabilitation of homes using funding from the State Housing Initiative Partnership
(SHIP) Program and other County housing assistance programs.
NA/jc
· ,.
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
,.
.)( I APPROVED
I OTHER
Approved 4-0
Comm. Grande Absent
County Attorney
Originating Dept.: _
Finance:
Agenda Request
Item Number
Date:
Consent
Regular
Public Hearing
Leg. [ ]
/6
2/13/07
[X ]
[ ]
[ ]
Quasi-JD [
Board of County Commissioners
Metropolitan Planning Organization
Approve Budget Resolution No. 07-066 to recognize the reimbursements made
by Martin County for 50% of the total cost of the Renaissance Planning Group
contract C04-12-652 in the amount of $66,934.50 for 06/07 fiscal year.
St Lucie MPO and Martin County MPO jointly entered into an agreement with
Renaissance Planning Group to provide the 2030 Regional Long Range
Transportation Plan on 12/15/2004. The balance of this contract is $133,869.00
which will be paid from the active Section 5303 (FT A) grant funds.
001159-1540-531000-100; 001167-1540-531000-100; 001176-1540-531000-100
Professional Services - Section 5303 funding
N/A
Recommend staff approved Budget Resolution No. 07-066 attached.
D DENIED
ouglas M. Anderson
County Administrator
Coordination/ Signatures
Mgt. & 8"dget: ~ ~
Other:
Purchasing:
Other:
· /.
METROPOLITAN PLANNING ORGANIZATION
(MPO)
MEMORANDUM
TO: Board of County Commissioners
FROM:
Mark Satterlee, MPO Director Z1.1 ~
DATE: February 13, 2007
SUBJECT: Budget Resolution 07-066
St. Lucie MPO and Martin County MPO jointly entered into an agreement with
Renaissance Planning Group to provide the 2030 Regional Long Range
Transportation Plan on 12/15/2004. The balance of this contract is $133,869.00
which will be paid from the active Section 5303 (FT A) grant funds.
This request will not increase the County budget but recognize the reimbursements
from Martin County MPO for expenditure to the consultant.
Recommend staff approved Budget Resolution No. 07-066 attached.
RESOLUTION NO. 07-066
WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget
for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available in the form of 50% reimbursement of cost from Martin County (Renaissance Planning Group) in
the amount of $66,936.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County,
Florida, in meeting assembled this 13th day of February, 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
001167-1540-369930-100
0011 59-1 540-369930-1 00
001176-1540-369930-100
Reimbursements
Reimbursements
Reimbursements
$14,334
$15,129
$37,473
APPROPRIATIONS
001167-1540-531000-100
0011 59-1540-531000-100
001176-1540-531000-100
Professional Services
Professional Services
Professional Services
$14,334
$15,129
$37,473
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 13th DAY OF FEBRUARY, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
st. Lucie
County
Mosquito
Control
District
't_'.~"''''~--aw''
Paula A. Lewis, Chairman
Doug Coward, Vice Chairman
Joseph E. Smith
Charles Grande
Chrb Craft
District No. I
District No.2
District No. I
District No.4
District No. I
AGENDA
Februar, II, 2007
I. MINUTES
Approve the minutes from the meeting held on January 23, 2007
2. GENERAL PUBLIC COMMENT
CONSENT AGENDA
I. WARRANTS LIST
Approve warrants List No. 17, 18 and 19.
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 TOO (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
MOSQUITO CONTROL DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: January 23,2007
Convened: 10:10 a.m.
Adjourned: 10:11 a.m.
Commissioners Present: Chairperson, Paula A. Lewis, Doug Coward, Chris Craft,
Joseph Smith, Charles Grande
Others Present: Doug Anderson, County Administrator, Ray Wamy, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Jim David, Mosquito Control District, Don West, Public Works Director, Mike
Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES
It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes from
the meeting held January 9, 2007, and; upon roll call, motion carried unanimously.
2. GENERAL PUBLIC COMMENTS
None
3. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent
Agenda, and; upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 15 and 16.
2. COUNTY ATTORNEY
Property Donation- North Hutchinson Island Group, LLC Heron Cay-Resolution No. 07-
032- The Board approved accepting the Warranty Deed, authorized the Chairman to sign
Resolution No. 07-032 and directed staff to record the documents in the Public Records
of St. Lucie County, Florida.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of Circuit Court
02/09/07
FZABWARR
FUND
145
145826
145827
ST. LUCIE COUNTY - BOARD
WARRANT LIST #19- 03-FEB-2007 TO 09-FEB-2007
FUND SUMMARY- MOSQUITO
TITLE
Mosquito Fund
FIND Queens Island Preserves
FIND Ocean Bay Preserve Improvement
GRAND TOTAL:
EXPENSES
40,523.58
1,375.00
1,225.00
43,123.58
PAGE
PAYROLL
36,104.38
0.00
0.00
36,104.38
1
01/26/07
F'7.ABWARR
FUND
145
ST. LUCIE COUNTY - BOARD
WARRANT LIST #17- 20-JAN-2007 TO 26-JAN-2007
FUND SUMMARY- MOSQUITO
TITLE
Mosquito Fund
GRAND TOTAL:
EXPENSES
55,981.44
55,981.44
PAGE
PAYROLL
35,539.23
35,539.23
1
02/02/07
F'7.ABWARR
FUND
145
145121
145827
ST. LUCIE COUNTY - BOARD
WARRANT LIST #18- 27-JAN-2007 TO 02-FEB-2007
FUND SUMMARY- MOSQUITO
TITLE
Mosquito Fund
SJWMD/NATL EST Blind Creek Wetland
FIND Ocean Bay Preserve Improvement
GRAND TOTAL:
EXPENSES
24,221. 53
5,043.00
506.00
29,770.53
PAGE
PAYROLL
0.00
0.00
0.00
0.00
1
-. .--.,,,
lW1n'i"~lj'=" -
"In
Ó"ìT1ì
.....
r~
.,.~, 4 a; '.' .~~~...... "Ai.l*...
-. ",{,""',...~~~
-'ii
-"""T'
"1 ,,~,'~¥ 'M. ""
Charles Grande, Chairman
Chris Craft, Vice Chairman
Joseph E. Smith
Doug Coward
Paula A. Lewis
District No.4
District No. I
District No. I
District NO.2
District No. I
AGENDA
Februar, II, 2007
I. MINUTES
Approve the minutes from the meeting held on January 23, 2007
2. GENERAL PUBLIC COMMENT
CONSENT AGENDA
I. WARRANTS LIST
Approve Warrants List No. 17, 18 and 19.
2. COUNTY AnORNEY
South Hutchinson Island Emergency Dune Restoration Project - Temporary Construction Easements - Res. 07-
04 - Parcel 51 - Sand Dollar Villa (Condo A thru E) - Res. 07-05 - Parcel 53 - Dune WalR by the Ocean
Condominium Association, Inc. - Consider staff recommendation to accept the Temporary Construction
Easements, authorize the Chairman to sign Resolution No. 07-04 and 07-05 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.
EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: January 23,2007
Convened: 10: 11 a.m.
Adjourned: 10:35 a.m.
Commissioners Present: Chairman, Charles Grande, Paula A. Lewis, Doug Coward,
Chris Craft, Joseph Smith
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Richard Bouchard, Erosion Manager, Don West, Public Works Director, Millie
Delgado- Feliciano, Deputy Clerk
1. MINUTES
It was moved by com. Lewis, seconded by Com. Craft, to approve the minutes of the
meeting held January 9, 2007, and; upon roll call, motion carried unanimously.
2. GENERAL PUBLIC COMMENTS
Mr. Craig Mundt, Hutchinson Island resident, addressed the Board regarding the re-
nourishment of the beach. He asked the Board to look into all possible alternatives
available for beach nourishment.
Ms. Pat Parsetti, area resident addressed the Board and gave her thanks for their support
in addressing the erosion problem on the beach and the dune area.
3. CONSENT AGENDA
Item C2 was pulled and discussed and voted on separately per Com. Coward's request.
It was moved by Com. Craft, seconded by Com. Smith to approve the balance of the
Consent Agenda, and; upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 15 and 16.
4. PUBLIC WORKS
Project Agreement 06S14 with FDEP for a $3 million grant to undertake tasks associated
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 County Attorney, and signature of said contracts by the
Chairman: 1) Project Agreement 06SL4 with FDEP for $3 million in State funds, 2) work
authorization # 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 work and 4) Budget Resolution # 07-003 supporting the grant.
It was moved by Com. Coward, seconded by Com. Smith to approve staff
recommendation, and; upon roll call, motion carned unanimously.
1
5. PUBLIC WORKS
Accept a $3,100 donation from the Southern Kingfish Association for the St. Lucie
County Artificial Reef Program- Consider staff recommendation to approve to accept
the Southern Kingfish Associations donation in the amount of$3,100 along with the
corresponding Budget Resolution No, 07-002 and execution of said Resolution by the
Chairman.
It was moved by Com. Coward, seconded by Com. Smith, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
CONSENT ITEM # 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 approve awarding Bid # 07-001 and enter into contracts as prepared
by the County Attorney 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.
Com. Coward expressed his concerns with the past performance of one of the listed
contractors who had not performed up to standards. He stated he is not comfortable with
this and felt past performance should have been weighed in on the evaluation.
Com. Grande stated he concurred with Com. Coward's concerns, however there have
been many county projects where this contractor had performed well.
The Public Works Director stated the two firms that met the qualification and prices were
CKA and Dickerson. They do plan to use CKA and feel it is in the best interest of the
county to have a backup.
Com. Coward asked if there was somewhere in the contract where it states
CKA is the primary and the other company is a back up, he does see this in the contract.
If this was amended to state this then he would be comfortable with this.
Com. Craft asked if there was a consensus to amend it.
Com. Smith stated he wanted to make sure what was being said by the Public Works
Director.
Com. Grande stated the projects would be approved on an individual basis.
Com. Smith stated the company has worked very hard for the last few years and does not
wish them not to be considered for any future projects.
Com. Coward stated he agreed the company had completed road work for the county and
they were pleased with the projects, however he requested ifCKA comes in with a lower
price in the future, they also be considered.
It was moved by Com. Coward, seconded by Com. Grande (gavel was passed to Vice
Chairman) to approve the contract as amended to reflect that CKA will be the primary
contractor on this project, and; upon roll call, the vote was as follows: Nay's: Smith,
Craft; Aye's: Coward, Grande, Lewis, motion carried by a vote of 3 to 2.
2
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of Circuit Court
3
02/09/07
ST. LUCIE COUNTY - BOARD
PAGE
FZABWARR
WARRANT LIST #19- 03-FEB-2007 TO 09-FEB-2007
FUND SUMMARY- EROSION
FUND TITLE EXPENSES PAYROLL
184 Erosion Control Operating Fund 356.98 4,607.28
GRAND TOTAL: 356.98 4,607.28
1
01/26/07
ST. LUCIE COUNTY - BOARD
PAGE
'I""~BWARR
WARRANT LIST #17- 20-JAN-2007 TO 26-JAN-2007
FUND SUMMARY- EROSION
FUND TITLE EXPENSES PAYROLL
184 Erosion Control Operating Fund 6,618.55 4,607.28
GRAND TOTAL: 6,618.55 4,607.28
1
02/02/07
ST. LUCIE COUNTY - BOARD
PAGE
F'7.ABWARR
WARRANT LIST #18- 27-JAN-2007 TO 02-FEB-2007
FUND SUMMARY- EROSION
FUND TITLE EXPENSES PAYROLL
184 Erosion Control Operating Fund 5,122.11 0.00
GRAND TOTAL: 5,122.11 0.00
1
AGENDA REQUEST
ITEM NO. C2
DATE: February 13,2007
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO:
ST. LUCIE COUNTY EROSION DISTRICT
PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney
J oAnn Ri ley
Property Acquisition Manager
SUBJECT: South Hutchinson Island Emergency Dune Restoration Project
Temporary Construction Easements
Res. 07-04 - Parcel 51 - Sand Dollar Villa (Condo A thru E)
Res. 07-05 - Parcel 53 - Dune Walk by the Ocean Condominium Association, Inc.
BACKGROUND: Please see an attached memorandum
FUNDS AVAILABLE:
Funds will be made available in 184-3710-531000-36203 (Erosion District -
South Hutchinson Island Beaches)
PREVIOUS ACTION:
January 23/ 2007 - Board approved a contract with CKA & Associates to
complete the emergency dune restoration project at Sand Dollar Shores
and Dune Walk by the Ocean Condominium on South Hutchinson Island.
RECOMMENDATION:
Staff recommends that the Board accept the Temporary Construction Easements, authorize the Chairman
to sign Resolution Nos. 07-04 and 07-05 and direct staff to record the documents in the Public Records of
St. Lucie County, Florida.
t)]C APPROVED
[ ] OTHER:
Approved 4- ()
Comm. Grande Absent
[ ] DENIED
COMMISSION ACTION:
Douglas Anderson
County Administrator
[XX] County Attorney:
a
Review and Approvals
[XX] Erosion District:~
] County Engineer:
[XX] Originating Dept.:
..:J('A~
] Road & Bridge:
]OMB:
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
St. Lucie County Erosion District
FROM:
JoAnn Riley, Property Acquisition Manager
DATE:
February 13, 2007
SUBJECT:
South Hutchinson Island Emergency Dune Restoration Project
Temporary Construction Easements
Res. 07-04 - Parcel 51 - Sand Dollar Villa (Condo A thru E)
Res. 07-05 - Parcel 53 - Dune Walk by the Ocean Condominium Association, Inc.
BACKGROUND:
On January 23,2007 the Board approved a contract with CKA & Associates to complete the emergency dune
restoration project at Sand Dollar Shores and Dune Walk by the Ocean Condominium on South Hutchinson
Island.
Attached for your review and acceptance you will find two Temporary Construction Easements for Parcels
51 and 53 that did not get completed before the Turtle season cut-off date last year.
RECOMMENDATION:
Staff recommends that the Board accept the Temporary Construction Easements, authorize the Chairman
to sign Resolution Nos. 07-04 and 07-05 and direct staff to record the documents in the Public Records of
St. Lucie County, Florida.
Respectfully submitted,
JLU
Ann Riley 1
Property Acquisition Manager
G:\ACQ\WP\Janet\Beach Restoration\Agenda Memo Accept Temporary Construction Easements.wpd
RESOLUTION NO. 07-04
A RESOLUTION ACCEPTING A
TEMPORARY CONSTRUCTION EASEMENT FOR THE
SOUTH HUTCHINSON ISLAND EMERGENCY DUNE RESTORATION PROJECT
ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT
BE IT RESOLVED by the St. Lucie County Erosion District, a Special Taxing
District of the State of Florida, that:
The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on
behalf of St. Lucie County Erosion District this 6th day of February, 2007.
ST. LUCIE COUNTY EROSION DISTRICT,
a Special Taxing District of the State of Florida
BY:
Chairman
ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
G:\ACQ\WP\Janet\Beach Restoration\Resolution 07-04.wpd
This document prepared by
Janet liCausi under the direction
of Daniel S. McIntyre
County Attorney, St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Project Name: South Hutchinson Island Emergency Dune Restoration Project
Parcel No.: 51 Condominiums A thru E
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made this ó8 'ï7faay of TANJA/.Z.Y , 2007, by and between
SAND DOLLAR SHORES CONDOMINIUM ASSOCIATION, INC., a Florida non-profit
corporation (fIk/a Sand Dollar Villas Condominium Association, Inc.), whose mailing address
is 7420 S Ocean Drive, Jensen Beach, FL 34957, hereinafter "Grantor", and ST. LUCIE
COUNTY EROSION DISTRICT, a Special Taxing District of the State of Florida, whose
address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 hereinafter "Grantee".
R E C I TAL S:
WHEREAS, Grantor owns beach front property in St. Lucie County, Florida; and,
WHEREAS, the property line for Grantor's property extends seaward to the Mean
High Water Line (" MHWL"); and,
WHEREAS, the Grantee desires to assist in the implementation of an emergency dune
renourishment project landward of the MHWL onto a portion of the Grantor's property as
more particularly described on Exhibit "A", said project more particularly described
hereafter as the South Hutchinson Island Emergency Dune Restoration Project (hereinafter
referred to as the "Project"); and,
WHEREAS, the sand so deposited will be at points landward of the MHWL and thus
on the Grantor's lands; and,
WHEREAS, said Project may involve persons and equipment crossing over (landward
of) the MHWL and on the Grantor's property in order to place the sand according to the
Project plans; and,
G: \ACQ\ WP\J anet\Beach Restoration \Sandollar Shores2.wpM-
WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and
convey any and all rights vested in the Grantee hereunder to such other entities as it deems
necessary in order to fully carry out the intent of the Project; and,
WHEREAS, Grantor recognizes that its remaining land shall benefit from this
Emergency Dune Restoration Project; and,
WHEREAS, Grantor hereby waives any and all rights to compensation which may be
due Grantor by reason of the transactions contemplated herein in consideration of the
benefits to be derived by the Project; this waiver shall not be construed to prevent a claim
against Grantee's contractor if the contractor damages the Grantor's structures and
property outside the easement area.
NOW, THEREFORE. in consideration of the mutual benefits, covenants and conditions
contained herein:
1. The parties acknowledge that the above recitals are true and correct and
hereby incorporate same as part of this Agreement.
2. Grantor does hereby grant, establish and convey unto the Grantee, its agents,
successors and assigns, a temporary construction easement and temporary right-of-way in,
on, over and acrosS the land described in Exhibit \I A" for use by the Grantee, its
representatives, agents, contractors, and assigns, to construct, repair, nourish, rehabilitate
and replace a dune system and other erosion control and storm damage reduction measures
together with appurtenances thereto, including the right to deposit sand; to accomplish any
alterations of contours on said land; to construct berms and dunes; to move, store and remove
equipment and supplies; to erect and remove temporary structures, and to perform any other
work necessary and incident to the construction of the South Hutchinson Island Emergency
Dune Restoration Project; to plant vegetation on said dunes and berms; to erect, maintain and
remove silt screens and sand fences; to facilitate preservations of dunes and vegetation
through the limitation of accesS to dune areaS; to trim. cut, fell, and remove from said land
all trees, underbrush, debris, obstructions, and any other vegetation, structures and
obstacles within the limits of the easement within the footprint of the dune and beach berm
provided the Grantee shall consult with the Grantor before any permanent structures are
removed. The limits of construction shall be from the landward toe of the dune to the mean
high water line of the Atlantic Ocean.
3. This easement shall run with the land and shall be binding upon the Grantor and
(his) (her) (its) (their) heirs, successors and/or assigns. This easement shall automatically
terminate upon completion of the Project or on March 1,2007, whichever occurs first.
G: \ACQ\ WP\J anet\Beach Restoration \Sandollar Shores2.wp4-
, IN WITNESS WHEREOF, this instrument is executed this
)(1,(\ llCl YGJ-, 2007.
. C-
'2 1 day of
'/
SAND DOLLAR SHORES CONDOMINIUM
ASSOCIATION, INC., non-profit Florida
Corporation(f/k/a)SAND DOLLAR VILLAS
C0O:;:¡¿DO . NIUMASr2IC ATION,INC.)
~ r2- ..
./
By: LEtVJS t1, FisCffG-R.
It's: fJ I<./E..S f F) IE ¡.) 'r
WITNESSES:
STATE OF~)
COUNTY OF <)+ ·Lur i e...- )
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized to take
acknowledgments, personally appeared ¿ Q..,W ¡ '5 r (SC CL ~ v of SAND
DOLLAR SHORES CONDOMINIUM ASSOCIA TION, INC. a Florida non-profit corporation,
on behalf of the corporation, to me known to be the person(s) described in and who executed
the foregoing Temporary Construction Easement that acknowledged before me that
executed the same. I relied upon the following formes) of identification of the above
named person(s) , an oath (was / was not) taken.
WITNESS my hand and official seal in the County and State last aforesaid this t q
day of · ) QV\ !,lCL vu¡..-, 2007. ,0 _
11 ~ ( ()fu/J
Notary Public /
(SEAL) LìsA J (Vl-£ S
LISA JONES
MY COMMISSION # DD3SI289
01:1' EXPIRES: A1Jgust 31. 2008
1.IIII).J.NOTAIf FI. NotIIy DIsc:ount A=c. Ca.
Printed Name of Notary Public -"2... Ö:'V-
My Commission Expires: ,?-- /1-- '()
G: \ACQ\ WP\Janet\Beach Restoration\Sandollar Shores2.wpã-
EXHIBIT "A"
LEGAL DESCRIPTION
Approximate landward toe of dune to the mean high water of the Common Areas abutting the
Atlantic Ocean for SAND DOLLAR VILLAS CONDOMINIUM A; SAND DOLLAR VILLAS
CONDOMINIUM D; and SAND DOLLAR VILLAS CONDOMINIUM E, ALL CONDOMINIUMS,
as described in the Declaration of Condominium thereof (as amended), all of the Public
Records of St. Lucie County, Florida
G:\ACQ\WP\Janet\Beach Restoration\Sandollar Shores2.~-
RESOLUTION NO. 07-05
A RESOLUTION ACCEPTING A
TEMPORARY CONSTRUCTION EASEMENT FOR THE
SOUTH HUTCHINSON ISLAND EMERGENCY DUNE RESTORATION PROJECT
ON BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT
BE IT RESOLVED by the St. Lucie County Erosion District, a Special Taxing
District of the State of Florida, that:
The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on
behalf of St. Lucie County Erosion District this 6th day of February, 2007.
ST. LUCIE COUNTY EROSION DISTRICT,
a Special Taxing District of the State of Florida
BY:
Chairman
ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
G:\ACQ\WP\Janet\Beach Restoration\Resolution 07-05.wpd
This document prepared by
Janet liCausi under the direction
of Daniel S. McIntyre
County Attorney, St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Project Name: South Hutchinson Island Emergency Dune Restoration Project
Parcel No.: 53
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made this day of , 2007, by and between
DUNE WALK BY THE OCEAN CONDOMINIUM ASSOCIATION, INC., a Florida non-profit
corporation (flk/a Sand Dollar North Condominium Association, Inc.), whose mailing address
is 1111 SE Federal HWY Suite 100, Stuart, FL 34994, hereinafter "Grantor", and ST. LUCIE
COUNTY EROSION DISTRICT, a Special Taxing District of the State of Florida, whose
address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 hereinafter "Grantee".
R E C I TAL S:
WHEREAS, Grantor owns beach front property in St. Lucie County, Florida; and,
WHEREAS, the property line for Grantor's property extends seaward to the Mean
High Water Line (" MHWL"); and,
WHEREAS, the Grantee desires to assist in the implementation of an emergency dune
renourishment project landward of the MHWL onto a portion of the Grantor's property as
more particularly described on Exhibit "A", said project more particularly described
hereafter as the South Hutchinson Island Emergency Dune Restoration Project (hereinafter
referred to as the "Project"); and,
WHEREAS, the sand so deposited will be at points landward of the MHWL and thus
on the Grantor's lands; and,
WHEREAS, said Project may involve persons and equipment crossing over (landward
of) the MHWL and on the Grantor's property in order to place the sand according to the
Project plans; and,
G: \ACQ\ WP\J anet\Beach Restoration \Dune Walk2.wpd -1-
WHEREAS, the Grantor acknowledges and agrees that the Grantee may grant and
convey any and all rights vested in the Grantee hereunder to such other entities as it deems
necessary in order to fully carry out the intent of the Project; and,
WHEREAS, Grantor recognizes that its remaining land shall benefit from this
Emergency Dune Restoration Project; and,
WHEREAS, Grantor hereby waives any and all rights to compensation which may be
due Grantor by reason of the transactions contemplated herein in consideration of the
benefits to be derived by the Project; this waiver shall not be construed to prevent a claim
against Grantee's contractor if the contractor damages the Grantor's structures and
property outside the easement area.
NOW, THEREFORE, in consideration of the mutual benefits, covenants and conditions
contained herein:
1. The parties acknowledge that the above recitals are true and correct and
hereby incorporate same as part of this Agreement.
2. Grantor does hereby grant, establish and convey unto the Grantee, its agents,
successors and assigns, a temporary construction easement and temporary right-of-way in,
on, over and across the land described in Exhibit "A" for use by the Grantee, its
representatives, agents, contractors, and assigns, to construct, repair, nourish, rehabilitate
and replace a dune system and other erosion control and storm damage reduction measures
together with appurtenances thereto, including the right to deposit sand; to accomplish any
alterations of contours on said land; to construct berms and dunes; to move, store and remove
equipment and supplies; to erect and remove temporary structures, and to perform any other
work necessary and incident to the construction of the South Hutchinson Island Emergency
Dune Restoration Project; to plant vegetation on said dunes and berms; to erect, maintain and
remove silt screens and sand fences; to facilitate preservations of dunes and vegetation
through the limitation of accesS to dune areas; to trim, cut, fell, and remove from said land
all trees, underbrush, debris, obstructions, and any other vegetation, structures and
obstacles within the limits of the easement within the footprint of the dune and beach berm
provided the Grantee shall consult with the Grantor before any permanent structures are
removed. The limits of construction shall be from the landward toe of the dune to the mean
high water line of the Atlantic Ocean.
3. This easement shall run with the land and shall be binding upon the Grantor and
(his) (her) (its) (their) heirs, successors and/or assigns. This easement shall automatically
terminate upon completion of the Project or on March 1, 2007, whichever occurs first. '
G:\ACQ\WP\Janet\Beach Restoration\Dune Walk2.wpd -2-
~\' ~ IN\ WITNESS WHEREOF. this instrument is executed this 01 ~ay of
'-"-.. mv , 2005.
DUNE WALK BY THE OCEAN
CONDOMINIUM ~OCIATION, INC.,
non-profit Flor·etéíÇ:orporation, (f /k/a Sand
Dollar Nor COr}d6minium Association, Inc.)
/
...
WITNESSES:
By: /
It's; /. bi ~l~'1ö R.
/
.-"'"
STATE OF fTf(fJ:z~ )
COUNTY OF N
I HEREBY CERTIFY, that on this d~, before me, an of~r dulyauthorized to take
acknowledgments, personally appeared &F£ I-/A-ttl\ fA.. It r-fI of DUNE
WALK BY THE OCEAN CONDOMINIUM ASSOCIATION, INC., a Florida non-profit
corporation, (f/k/a Sand Dollar North Condominium Association, Inc.) on behalf of the
corporation, to me known to be the person(s) described in and who executed the foregoing
Temporary Construction Easement that acknowledged before me that executed
the same. I relied upon the following formes) of identification of the above named person(s)
~ " ' an o~t'þ (was / was ~ot) taken.
,L, bi2 I /lG?ê--~ =rt t) (¿,SJ:-.;lJ-j - f'l- /7c:J -¿J
W~. NESS my hand and official seal in the County and State last aforesaid this ¿j(-5
day of · 2007. il Il
"_ IJ;Vn () Y ! 2øh
Notary Public \ ()
- ! éJÂJ ÆJIJ- µ (lj2 tJ2 /ð ,-(
Printed Name of Notary Public
My Commission Expires:
(SEAL)
10NNÞ- P. CROSBY
"'" . Slole of Florida
"1J;:;'", NolaI'( public·, "2 2007
. ~ <. isSPf1 Ðq::Ife5 />fA '" ,
'. .:M¥Comm 0199362
.;f commissiOO # D ASS".
. \3o"ded BY Nellianal Notary
~..-.'_ JiO.
",\\~~t;~", TONI,-,
li>": :(~'~..NotoIY PII; f :!,-
~. : -:. . ~rlf'1\! Cc" Hlnt"-.· . ~ " ... ..
~<~.~".6:,::~~>: i\(,>(jl~' :-\, "I, w. 's" :
----IIIJI' .......' ~¡¡,~ -~ . w.........-.,,¡
G:\ACQ\WP\Janet\Beac Restoration\Dune Walk2.wpd -3-
EXHIBIT "A"
LEGAL DESCRIPTION
Approximate landward toe of dun'e to the mean high water of the Common Areas abutting the
A tlantic Ocean for DUN WALK BY THE OCEAN CONDOMINIUM, A CONDOMINIUM, (f /k/a
Sand Dollar North) as described in the Declaration of Condominium thereof (as amended), all
of the Public Records of St. Luci,~ County, Florida
G:\ACQ\WP\Janet\Beach Restoration\Dutle Walk2.wpd -4-