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Home My WebLink AboutAgenda Packet 05-08-01 :j' '- "'" MAY 8, 2001 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME 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. REGUL<ill AGENDA ITEMS- 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 Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will norbe addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready 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 for general public comment. Please limit comments to five minutes. DECORUìvI- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras AdrninistrationAnnex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS fl '-' -...I John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes Districtl District 2 District 3 District 4 District 5 www.stlucieco.gov May 8, 2001 9:00 AM. AGENDA INVOCATION PLEDGE OF AlLEGIANCE 1. MINUTES Approve the minutes of the meeting held May 1, 2001.1ppròJf.d. 2. PROCLAMATION/PRESENTATION A B. First Annual St. Lucie County Commercial Recycling Partnership Award - The Board and Herb Burgart, Recycling/Waste Reduction Manager, will present a certificate to Bev smi~~l;E.f!~M{1..f'd¡;rr£IJM . Resolution No. 01-94- Proclai~ng June 2,2001 as "YMCA Day" in St. Lucie County, Florida. v' frP¡J0./-d Resolution No. 01-100 - Proclajrning the jUonth of Mayas "Civility Month" in St. Lucie County, Florida. v ttpjJí{)reO Resolution No. 01-101 - Proclaiming the week of May 6, 2001 through May 12,2001, as "Drinking Water Week" in St. Lucie County, Florida. ihz¡p(Jtle-rl Ray Wazny, Public Works Director will update the Board on the Scoping Document for Marine Protection. c. D. E. 3. GENERAl PUBLIC COMMENT 4. CONSENT AGENDA pi uS (!,-A ( -ApprùNCÍ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn in. My party to the proceedings will be granted the opportunity to cross-examine any individ,..1 testifying during a hearing upon request. Myone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. , '" ....,,¡ REGULAR AGENDA MAY 8, 2001 PAGE TWO PUBUC HEARINGS SA. There are no public hearings scheduled for May 8, 2001. End of Public Hearings G COUNTY AlTORNFY jC%~l~;)J.\O Resolution No. 01-87 - Consider staff recommendation to adopt Resolution No. 01- "\ - {~ín~~ 87 as drafted, requesting the State of Florida Enforce the Usury Law and Other .9 ~ J y::onsumer Protections Against Payday Lenders. 7. PURCHASING Bid No. 01-032 / Indian River Lagoon Trace - Consider staff recommendation to award the bid to Dickerson, Florida, Inc. for $990,038 and authorize the Chairman to sign the contract as prepared by the County Attorney. ¡~(OV't'Æ . 8. ADMINISTRATION A County Extension Campus Expansion - Consider staff recommendation to proceed with the purchase of approximately 12 acres of land from the University of Florida in the amount of $88,800 plus closing costs, and that this amount be loaned from Contingency for this purpose. This purchase would be subject to the review and approval of the title policy and environmental assessment by the County Attorney. j HPP¡ðJ"lÆ . B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. bruhn - ~e (omfì1f()dah dY) m r ~ by 121f/m/¿J . ~ '-/ 'wi CONSENT AGENDA Mav 8. 2001 1. WARRANTS LIST Approve warrants list No. 31. 2. PARKS AND RECREATION A Budget Amendment 01-142/Equipment Request 01-250 - Consider staff recommendation to approve the budget amendment and equipment request to purchase add-on's for a forklift for the Civic Center in the amount of $1,901.44. B. Budget Resolution No. 01-97 / Budget Amendment No. 01-143 - Consider staff recommendation to approve the budget resolution and budget amendment to appropriate and expend funds from the Children's Services Council grant for softball batting cages at Lawnwood Stadium. C. Budget Amendment 01-144/Equipment Request 01-251 - Consider staff recommendation to approve the budget amendment and equipment request to purchase a Kronos time clock for the Fairwinds Golf Course Maintenance Shop in the amount of $2,500. 3. INVESTMENT FOR THE FUTURE Central Services / Project Manager - Consider staff recommendation to approve the hiring of a Project Manager to oversee new projects, including the Fairgrounds Project. This position is one of the two requested in the Phase ill/Decision Packets. 4. PUBLIC WORKS A Solid Waste / Equipment Purchase - Consider staff recommendation to approve the purchase of three Motorola mobile radios for a total amount of $3,438. B. Engineering / Resolution No. 01-080 - Consider staff recommendation to adopt the resolution establishing a MSBU Administrative Policy, and authorize the Chairman to execute the resolution. C. Lennard Road / Permission to Advertise - Consider staff recommendation to grant permission to advertise for consultant services for the Lennard Road PD&E Study. 5. MANAGEMENT AND BUDGET A Budget Resolution 01-98 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the SFWMD Taylor Creek Restoration Grant in the amount of $700,000. B. Budget Resolution 01-99 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the FDEP Urban Mobile Irrigation Lab (MIL) Grant in the amount of $55,000. , \w ...",¡ CONSENT AGENDA MAY 8.2001 PAGE TWO 5. MANAGEMENT AND BUDGET (CONTINUED) C. Sheriff's Local Law Enforcement Block Grant - Consider staff recommendation to approve the request to modify the type of equipment to be purchased from the grant. 6. COUNTY ATTORNEY A Declarations of Unity of Title / Diocese of Palm Beach and George and Patricia Fulmer - Consider staff recommendation to approve the proposed lot line adjustment under the Declarations of the Unity of Title and authorizing the Unity of Title for the Diocese and Fulmer parcels, subject to receipt of a copy of the executed and recorded Corrective Special Warranty Deed and Special Warranty Deed. B. Permission to File Suit - Consider staff recommendation to grant permission to file suit against Robert L. McClain to request an injunction to require Mr. McClain to remove the trash, junk and debris from his property at 5020 Garner Street in Fort Pierce. C. St. Lucie Soil and Water Conservation District Interlocal Agreement for Administration of Mobile Irrigation Lab (MIL) Grant - Consider staff recommendation to approve the proposed Interlocal Agreement, and authorize the Chairman to sign the agreement. D. Extension of Lease Agreement with State of Florida Department of Juvenile Justice - Consider staff recommendation to approve the Modification to Extend and authorize the Chairman to sign the Modification. 7. AIRPORT A Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) - Consider staff recommendation to accept the agreement, and authorize the Chairman to execute the JP A and a resolution authorizing the Chairman to sign the agreement for the construction of a fire protection system at St. Lucie County Airport. B. Florida Department of Transportation (FDOT) J oint Participation Agreement (JPA) - Consider staff recommendation to accept the agreement, and authorize the Chairman to execute the JP A and a resolution authorizing the Chairman to sign the agreement for the construction of a security fencing at St. Lucie County Airport. 8. COMMUNITY SERVICES Resolution No. 01-96 - Consider staff recommendation to adopt the resolution authorizing the County Administrator to execute the Satisfaction of Mortgage for each satisfied SHIP second mortgage. " '- CONSENT AGENDA MAY 8, 2001 PAGE THREE ..." 9. COMMUNITY DEVELOPMENT Budget Amendment No. 01-146/ Amendment to Equipment Request Nos. EQOl- 038, EQ01-041, EQ01-042, EQ01-043, and EQOI-148 - Consider staff recommendation to approve the budget amendment and equipment requests for $705 to purchase computers that were estimated in March 2000 at a lower cost. 10. ADMINISTRATION A Port of Fort Pierce - Consider staff recommendation to approve the bond from Walter W. Ergle, Jr., to guarantee his performance as Harbormaster for the Port of Fort Pierce. B. Recreation Update - Staff will give a progress report to the Board. .. '- ...,- BOARD OF COUN1Y COMMISSIONERS ADDITIONS AGENDA May 8. 2001 REGUlAR AGENDA COUN1Y ATTORNEY R-A.l Proclamation / Resolution No. 01-106 - Proclaiming the week of May 13, 2001 through May 19, 2001, as "Law Enforcement Week" and designating May 15, 2001, as "Peace Officers' Memorial Day" in St. Lucie County, Florida. / J+(JfJ (O:J £ cL CONSENT AGENDA COUN1Y ATTORNEY C-A.l St. Lucie Metropolitan Planning Organization Major Update of the Year 2001 Transit Development Plan/Transportation Disadvantaged Service Plan - Consider staff recommendation to approve the proposed agreement between the MPO and Tindale-Oliver and Associates, Inc., subject to approval of the agreement by the Florida Department of Transportation. j GLPpíONJ1. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. " '-' ,..,¡ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 1,2001 Tape: 1-3 Convened: 7:00 p.m. Adjourned: 10:45 p.m. Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, John D. Bruhn, Paula A. Lewis, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Bill Blazak, Utilities Director, Dennis Murphy, Asst. Community Development Director, Don West, County Engineer, Gayla Barwick, Tourism; A Millie Delgado, Deputy Clerk 1. MINUTES (1-027) It was moved by Com. Barnes, seconded by Com. Coward, to approve the minutes of the meeting . held April 24, 2001; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS Mr. Tom Walks, Tennis Coach for Lincoln Park Academy, addressed the Board regarding the funding for the Sunrise Theatre and asked the Board not to utilize the funds for the Lawnwood Tennis Courts for the project. Mr. Denny Green, resident, addressed the Board regarding the Fair Association and stated they had concerns regarding the commitment previously made and requested the Board keep that commitment. Ms. Hazel Jacks, petitioner for item RA-l addressed the Board on this request and asked the Board to consider favorably on this request. Mr. George Gettler, Brocksmith Road resident, addressed the Board and stated that he was not against the Sunrise Thcatre renovation, however, he felt this was a project the county should not be funding with taxpayer funds. Mr. Ed Lounds, Vice Chairman of the Citizens Budget Committee, requested the Board given the committee the opportunity to find other means offunding the Sunrise Theatre renovation. He asked the Board not to utilize the funds presently under consideration. 3. PRESENTATION Sunrise Theatre - The following board members from the Sunrise Theater renovation project gave a presentation. Mr. Mike Horowitz, Chairman, Sunrise Theatre Board of Directors. -1- I '-' ,...¡ May 1,2001 TO: Board of County Commissioners From: Robert Anderson I would like this read into the record at the Commission Meeting tonight as I will not be able to attend. I oppose funding the Sunrise Theater. It takes too much money from what I thought was budgeted funds for the 2001 - 2002 budget year. I believe the funds were already ear marked for Lakewood Park Tennis Courts, County Courthouse renovation, etc. Sincerely, Robert Anderson ~?t~ p )~))\,JF:;;:--- . \..r "wII Mr. Mike Brown, member of the Board, Sunrise Theatre also advised Com. Bruhn that if the balance of the money needed was not raised for the entire project, then they would not utilize the county's $1 million allocation. . Dr. Maxwell King, volunteer for the project. Ms. Peggy Anderson, Asst. Principal Lincoln Park Academy, addressed the Board on the project and requested the Board approve the funding. Mr. Bob Taber, area resident, questioned if the size of theater would work for certain types of performances. Mr. Dennis Beach, City Manager, City ofFt. Pierce, addressed the Board and stated he had brought various issues to them in order to have the issue focus on it's own merit. Mr. Bob Benton, Ft. Pierce City Commissioner addressed the Board in favor of the project and funding. Ms. Jenna Laitman, area resident, addressed the Board in favor of the project. The attached letter from Mr. Robert Anderson, was entered as part of the record. BOARD COMMENTS ON THE SUNRISE THEATRE FUNDING Com. Barnes commented on the fact that they had been reviewing this request since January and that the Board had plenty of time to research the item and have had enough time to make a . decision. Com. Lewis stated she did not have a question in her mind as to the benefit of this project, , however, there is a question in her mind about priorities she took on when she accepted her position as Commissioner. She recalled the budget process last summer and how the county has been struggling the last 4 years to keep things in tact to provide the basic services. She has a real problem with taking public funds for this project. She feels she must do what she must do and she cannot find it in her, to turn away all the groups in need and have 1 million dollars to give away tonight and in looking at the sources of funding, she has a problem with every one of them and she cannot say tonight that she could commit this money to the Sunrise Theatre project. Com. Barnes commented in favor of the funding for the theatre and stated the county has provided for other projects such as QVC, ConVergys, and other incentives for businesses. Mr. Ed Lounds stated he understood what Com. Barnes was trying to say and he agreed that the Sunrise would be of great benefit to the county, but, he felt it needed time to be look at closer and he thinks the county would be making a large leap when they put money into the Sunrise. He again asked if the committee could be given time to find budgeted revenues for the project. Com. Coward stated the most appropriate thing said today deals with the process they are going through and the fact that this issue is not currently budgeted and they would be embarking on the upcoming budget process and it was quite clear that they were not going to be dealing with individual items outside of that process and have to turn people away. The issue is less of an issue of whether or not you are for or against the theatre, because he is a long standing supporter ofthe project, but he is not comfortable with a request coming from outside the budget process. This item should be made a part of the un-going budget discussion which are forthcoming within the next few weeks. He felt this discussion should take place within the next few weeks when they scrutinize the budget. He does not see a million dollars identified that he could be èomfortable with. -2- '-" ......1 He asked if the Board would be ready to allocate a request from the city of Port St. Lucie should they come forward six months from now. This has tobe addressed in the context of the overall budget, not independently. Ifhe is forced to vote on this issue tonight, he would be forced to vote against it. Com. Bruhn stated he felt a decision could be made tonight. He felt that cultural events are needed in this county and that our residents should not have to drive to Palm Beach to view a show. He also felt it was a quality of life issue and would vote in favor of the funding. Com. Hutchinson requested the County Administrator review the recommended funding sources one at a time for discussion purposes. 1. a) Tourist Development Council- $120,000- the TDC has a reserve from previous years of $220,000. The Board would have to amend the Ordinance allocating these funds to the Sunrise Theatre. b) Alternative to Tourist Development Council Funding- Cash Carry Forward-$130,000- $250,000. Each year the county has a cash carry forward derived from non-expended funds and revenues exceeding budget. Although we are still calculating this year's cash carry forward, it will exceed last year's and would cover the $250,000. Com. Barnes stated the TDC issue has received a: lot of controversy and would not have a problem taking the $250,000 from the cash carry forward. Com. Bruhn asked why not take it out of our reserve fund. Com. Barnes explained that the $250,000 would be made part of the reserve. . The County Administrator advised Com. Bruhn how the cash carry forward would have been used in the upcoming budget year. Com. Hutchinson advised the Board that at the last TDC meeting, it was recommended their funds not be touched. Com. Hutchinson, Barnes and Bruhn stated they would rather go forward with the cash carry forward. 2. b) Amphitheater- $75,000 Next year's capital budget includes $75,000 toward the Amphitheater. Ft. Pierce has indicated they will accept responsibility for the Amphitheater if the Sunrise Theatre is funded by the County. Therefore, these funds would be allocated to the Sunrise Theatre. Com. Hutchinson advised the Board of her concerns regarding the funding for the Lawnwood Tennis Courts being used for the Sunrise Theatre and then not having the funds should the referendum not pass. How would the Board honor their commitment. The County Administrator advised the Board that the money for the Sunrise Theatre would be coming from this year's budget as well as next years. The tennis courts and the amphitheater were items in next year's capital budget. However, he would work with staff regarding the funding for the tennis courts and come back to the Board with recommendations. Com. Hutchinson requested staff hold discussions with the School Board in order to obtain some assistance in the funding of the tennis courts since they are also utilized by the schools. -3- '-' 'wII 3. Courthouse Renovation- $200,000- approximately $900,000 has been previously set aside for Courthouse renovations. Following the end of the past fiscal year, we have identified $200,000 in unallocated utility franchise fees. As part of the upcoming budget process, staffwas going to recommend that the $200,000 be allocated to the Courthouse renovation account. This money could be used for the Sunrise Theatre. Staff would then recommend budgeting these funds in future years. Com. Hutchinson requested an update of the study. The County Administrator advised the Board that the South County Annex is now being utilized for court purposes. Juvenile is being transferred to 7th St. which would free another courtroom. In speaking with the Court Administrator, he felt this would satisfy the rooms needed for the moment with the expansion of St. Lucie West for the next 2 to 3 years. The County Administrator stated they are planning on moving the Clerk of Courts out of the courthouse totally. They would build a new building ëonsisting of 40,000 sq. feet where the legal arts building now exists. They are working with FEMA who would pay for the demolition of the building and would also provide funds towards the facility, not much, but, some. The new building would be a 4 story building, 10,000 sq. ft. per story. They need to work with the City of Ft. Pierce for concurrence, the price would be approximately $4 million. He recommended as excess money becomes available in the capital fund, it be put aside for this purpose. This $200,000 is not taking away from the $900,000 in reserve for the renovation. In speaking with JoAnne Holman and the Court Administrator, he advised them that the renovation may be 3 years away. Any excess money which would become available in the future, he would recommend it be added to this fund. He would like to move the Clerk of Court from the old . courthouse to the new building and then start renovations at the old building. Com. Coward questioned the $3.1 million dollar shortfall on the approximate cost of the , courthouse. The County Administrator stated he hopes that some of the ne~ded renovation at the existing courthouse could be done through the performance contract. Com. Barnes stated the $200,000 was okay with him and he was ready to take it from the general fund contingency. 4. General Fund Contingency- $350,000 The County loaned $200,000 to the Smithsonian project in lieu of the FRDAP grant that we have applied for. Staff is optimistic that we will receive this grant. Once the General Fund Contingency is reimbursed this amOlmt could be used for the Sunrise Theatre. The remaining $150,000 of the $1,000,000 allocation could come from the General Fund Contingency. This would leave a balance of $443,000 in General Fund Contingency. In addition to the City taking over the operation and the maintenance of the Amphitheater, Dennis Beach has said that he would support recomInending to the City Commission the allocation of the City's portion of the L Pierce Pari~ Impact Fees to the new fairgrounds. The approximate balance in this account is $125,000. The County Attorney advised the Board that there would be some type of commitment from the Sunrise that the building would be available for public use and there are a variety of ways to accomplish this. Com. Hutchinson asked the County Administrator to confirm that this is a one time request and that this would be for capital and not for operating. -4·- '-' """" Com. Coward stated he hoped the Board was willing·to make the same commitment to the City of Port St. Lucie as well in the future. He believes the cultural aspects are countywide and they will see similar requests from Port St. Lucie. He felt the majority vote was setting a precedent and hoped they are prepared to back it up in the future when those requests come forward. Com. Barnes stated the various projects he was asked ~o approve he did not take into consideration that they were in Port St. Lucie, thè µnincorporated area or the city of Ft. Pierce, it was a consideration for the county regardless of what city it was in. Com. Coward stated the cultural endeavors need to be developed countywide. If they are making this type of a commitment to downtown Ft. ;Pierce, then they need to be prepared to make the same commitment to other areas within the county. . He also stated he felt the way this was proceeding tonight was not a responsible way to move forward. Com. Lewis stated that there seems to be an assumption here that St. Lucie County is a cultural waste land and she does not agree with this there are other cultural things happening within the county . Com. Hutchinson advised those present of what influenced her decision tonight in voting in favor of allocating the funds. The County Administrator advised the Board that the funds would be available after the budget process after October 1,2001 and Mr. Brown has advised him that they would not require the money until they were ready to go into construction of the project. The money would be set aside and any interest received on the money would remain in the county accounts. It was moved by Com. Barnes, seconded by Com. Bruhn, to allocate the $1 million from the funds as identified; (should any Com. or anyone from the budget committee have a better idea . they can substitute) and direct the County Attorney and staff to prepare the appropriate documents and to accept the cities agreement to give $125, 000 from park impact fees to the Fairgrounds; and upon roll call, the vote was as follows: Aye's: Bruhn, Barnes, Hutchinson; Nay's: Coward, Lewis; motion carried by a vote of3 to 2. 4. CONSENT AGENDA (2-2056) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. . 1. WARRANT LIST The Board approved Warrant List No. 30. 2. PUBLIC WORKS A Engineering/Taylor Creek/C-25 Restoration Dredging Project- The Board approved Works Authorization No.1 with BCI Engineers, Inc., in the amount of$137,000 for design and permitting and authorized the Chairman to sign the authorization. B. Engineeringffaylor Creek/C-25 Restoration Project- The Board approved the Cooperative Agreement with South Florida Water Management District in the amount of $700,000 and authorized the Chairman to sign the agreement. -5- r'UND '-1ARY , FUND '-' TITLE 001 001106 001117 001124 001125 001128 001129 001130 001135 001252 001258 001259 001262 001809 001813 101 101003 101006 101211 102 102001 ] L. 107002 107003 111 112 113 114 116 117 119 120 122 123 126 136 138 139 140 1..40001 140275 140307 L40308 L60 .83 _('O~f)Ol J04 85001 85203 85204 86 86204 35 01 04 16 30 32 ~O n L8 21 n 31 )'1 71 11 )1 General Fund FTA-001-49 USC Sec 5307 (Sec 9)'¡ FTA 49 USC Sec 5307 98/99 FTA USC Section 5307 FY 99/00 TC Community Action Agency FY 99/00 Section 112/MPO/FHWA/Planning FY01 FTA USC Section 5307 FYOO/01 TC Community Action Agency FYOO/Ol Blind Creek Park Dune Crossover Urban Mobile Irrigation Lab Grant TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ Manatee Protection Plan II/ FI Fish SFWMD-Floridian Aquifer Well 01/04 C/S/C Lawnwood Stadium Batting Cage Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees FDEP Canal & Stormwater Retrofit Unincorporated Services Fund Drai~age Maintenance MSTU Librãry Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper River Park I Fund River Park II Fund Harmony Heights 3 Fund Hàrmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cpve Lighting Dist#13 Fund Southern Oak Estates Lighting Monte Carlo Lighting MSTU#4 Fund . Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund bOT-140-Airport Maintenance Bldg Const. Parking Apron#405823-1-94-01 FDOT Const. of Perimeter Fencing #4 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 00/01 FHFA-SHIP 98/99 FHFA SHIP 99/00 Recycling Operating Fund Recycling & Education Grant FYOO/01 Becker Road I&S Fund So. County Regional Stadium Communication System Fund County Capital Lakewood Park Fund Environmental Land Capital Fund Treasure Cove/Ocean Harbor S Cap Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund Holiday Pines Utilities Fund Building Code Fund Inf~ation Technology Fund Heal~h Insurance Fund Pr0perty/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fu~d~ Law Library '.. J01 .0 .1 ~5 GRAND TOT~L: ...,; EXPENSES 487,434.26 ·17,044.00 27.35 89.00 1.49- 1 , 939 . 63 678,251.00 455.62 133.64 396.66 251. 41 2,559.01 10,375.00 90.95 65.00 167,216.60 1,813.25 6,990.00 662.50 23,523.03 18,190.56 2,242.69 2,965,580.26 14,074.86 87.97 2,660.16 527.89 210.32 461.46 513.27 127.99 761.18 158.41 896.01 263.76 113.39 1,339.90 109.67 682.38 5,890.53 75.90- 8,100.00 2,703.29 18,123.69 2,647.20 1,777.45 854.93 819.29 1,411.92 57.06- 0.00 1,922.29 343.84 2,099.52 41,742.00 1,537.39 65,072.14 1,560.00 2,830.36 2,050.00 91,551.67 18,284.94 102.78 2,161.65 4,540.04 15,145.93 845.57 12,604.08 46,661. 33 314,564.38 921. 09 10,507.88 3,710.54 3,355.55 5,094,628.86 PAYROLL 273,305.41 0.00 310]3.66 .0.00 19.42 4,688.83 0.00 796.57 0.00 1,188.80 636.80 3,470.36 0.00 1,188.80 0.00 97,372.75 0.00 0.00 0.00 45,737.86 3,803.02 2,164.00 43,923.57 31,327.24 1,150.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0.0 0.00 0.00 6,722.28 0.00 0.00 0.00 0.00 2,336.13 3,405.03 1,850.58 2,673.72 2,468.06 38.84 38.84 1,789.01 596.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,022.52 18,873.59 206.07 3,740.36 2,228.28 10,873.67 1,870.76 19,685.86 68,536.05 3,034.75 1,707.53 9,239.54 3,329.57 0.00 706,404.49 "".. ..",,¡ 3. COUNTY ATTORNEY St. Lucie Village/Road, Public Buildings, Library and Parks Impact Feeds- The Board approved the Interlocal Agreement and the Memorandum of Understanding, and authorized the Chairman to sign the agreements and memorandum. 4. CENTRAL SERVICES A RFP No. 01-043- Professional Landscape Architect & Planning Serviced Continuing Contract- The Board approved the selection committee evaluation and choice of Glatting, Jackson Kercher Anglin Lopez Rinehart, Ge~ & Jensen and Kimley-Horn allowing them to enter into a continuing contract with these three venders. B. North Causeway Island Boat Ramp- The Board approved final payment of retainage to Recreational Design & Construction for work completed at North Causeway Island Boat Ramps. CA-l Resolution No. 01-22/American Concrete- The Board approved the resolution granting a Major Site Plan Approval for the project known as American Concrete to allow for the addition of 16, 125 sq. ft. of manufacturing space to an existing 12,250 sq. ft. facility for a total of28,750 sq.ft. REGULAR AGENDA 5. A Resolution No. 01-016-/Wetwol Construction- Consider staff recommendation to approve the resolution granting a change n zoning from the CN Zoning District to the CO Zoning District to allow for the relocation of a construction office as a dual use within an existing real estate office. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 01-016; and, upon roll call, motion carried unanimously. B. Resolution No. 01-015- Pan Am International Flight Academy- Consider staff recommendation to approve the resolution granting a Major Adjustment to the existing 81. Lucie County International Airport Conditional Use for the project known as Pan Am International Academy for the addition of two student dormitories. Com. Barnes stated he would not vote in favor of this pròject because he felt they had not made enough progress on the noise issue. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 10-015; and, upon roll call, the vote was as follows: Nay: Barnes; Aye's: Lewis, Bruhn, Hutchinson, motion carried by a vote of 4 to I. C. Ordinance No. 01-05- Local Option Motor Fuel Tax Extension- Consider staff recommendation to adopt Ordinance No. 01-05 as drafted. Mr. Ed Lounds, representing the Budget Advisory Committee, advised the Board of their support for this extension. It was moved by Com. Lewis, seconded by Com. Bames, to approve Ordinance No. 01-05; and, upon roll call, motion carried unanimously. -6- <, . .... 'oJ 6. ADMINISTRATION (3-565) Recreation Update- Staff gave a progress report to the Board. RA-l Distance Waiver/Quarterdeck Bar & Grille- Consider staff recommendation that the Board interpret the intent of Section 7.1 0.11 of the Land Development Code, entitled, "Distance Requirements for Alcoholic Beverages". Staff was directed to advertise the waiver hearing for May 15,2001. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court -7- '" " "-" 'WI MAY 8, 2001 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGE~l2A ~LCOME I I GENERAL RULES AND PROCEDURES I Attached is the agenda which will determine the order of ~Usiness conducted at today's Board meeting: ! CONSENT AGENDA- These items are considered routine a d are enacted by one motion. There will be no separate discussion of these items unless a Co issioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss indi . dually usually in the order listed on the agenda. PUBIlC HEARINGS- These items are usually heard on the f st and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing i scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public earings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are' tended to indicate that an item will norbe addressed prior to the listed time. The Chairman . open each public hearing and asks anyone wishing to speak to come forward, one at a timej Comments will be limited to five mmutes. I I As a general rule, when issues are scheduled before the C0f:!ssion under department request or public hearing, the order of presentation is: (1) County s aff presents the details of the Board item (2) Commissioners comment (3) if a public hearin , the Chairman will ask for public comment, (4) further discussion and action by the Board. I I ADDRESSING THE COMMISSION- Please state your name td address, speaking clearly into the microphone. If you have backup material, please have eig t copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an . dividual Commissioner or staff as necessary at the conclusion of the printed agenda. , I PUBLIC COMMENT- Time is allotted at the beginning of eachlmeeting for general public comment. Please limit comments to five minutes. i DECORUM- Please be respectful of others opinion. i MEETINGS- All Board meetings are open to the public and ar held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tu sdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commiss on Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 3 982. The Board schedules additional workshops throughout the year necessary to accomplish th iT goals and commitments. Notice is provided of these workshops. Anyone with a disability req . ing accommodation to attend this meeting should contact the St. Lucie County Community S rvices Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to he meeting. /' \.t BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA May 8, 2001 9:00 AM. INVOCATION PLEDGE OF AlLEGIANCE 1. MINUTES ..., John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 Approve the minutes of the meeting held May l2001. A TION PRESENT AnON i , I , First Annual St. Lucie County commercr· I Recycling Partnership Award - The Board and Herb Burgart, Recyclin aste Reduction Manager, will present a certificate to Bev Smith Toyota I Resolution No. 01-94- Proclaiming June ~. 2001 as "YMCA Day" in St. Lucie County, Florida. I Resolution No. 01-100 - Proclaiming the ~onth of Mayas "Civility Month" in St. Lucie County. Florida. I I Resolution No. 01-101 - Proclaiming the ~eek of May 6,2001 through May 12,2001, as "Drinking Water Week" in S~. Lucie County, Florida. Ray Wazny, Public Works Director will ~pdate the Board on the Scoping Document for Marine Protection. I I I I 2. vi j y v/ 3. GENERAl PUBLIC COMMENT 4. CONSENT AGENDA NOTICE: All Proceedings before this Board are electronically recorded. Any person ho decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may nee to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying uring a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individ' ,~I testifying d ring a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Coun Community Services Manager at (561) 462-1777 or TOO (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ \.or ..I REGULAR AGENDA MAY 8, 2001 PAGE TWO PUBUC HEARINGS SA. There are no public hearings scheduled for Mar 8, 2001. I End of Public Hear/fS I 6,<; COUNTY ATTORNEY I !I I) 87 as drafted, requestmg the State of Flonda nforce the Usury Law and Other 1 Consumer Protections Against Payday Lenders I 7. PURCHASING I Bid No. 01-032 / Indian River Lagoon Trace - ~onsider staff recommendation to award the bid to Dickerson, Florida, Inc. for $990,038 and authorize the Chairman to sign the contract as prepared by the Count Attorney. I 8. ADMINISTRATION A County Extension Campus Expansion - onsider staff recommendation to proceed with the purchase of approxi ately 12 acres of land from the University of Florida in the amount of $ 8,800 plus closing costs, and that this amount be loaned from Contingen for this purpose. This purchase would be subject to the review and pproval of the title policy and environmental assessment by the Coun y Attorney. B. Bi-weekly Committee Reports - The Bo d will give updates on the various committees and advisory boards that t ey serve on. ~ '-' ...."J CONSENT AGENDA Mav 8. 2001 1. WARRANTS LIST Approve warrants list No. 31. 2. PARKS AND RECREATION A 3. Budget Amendment 01-142/Equipmentl Request 01-250 - Consider staff recommendation to approve the budget ~endment and equipment request to purchase add-on's for a forklift for tpe Civic Center in the amount of $1,901.44. I Budget Resolution No. 01-97 / Budget ALendment No. 01-143 - Consider staff recommendation to approve th~rbudget resolution and budget amendment to appropriate and expend f~mds from the Children's Services Council grant for softball batting cages tt Lawnwood Stadium. Budget Amendment 01-144/EqUiPmen~tl Request 01-251 - Consider staff recommendation to approve the budget endment and equipment request to purchase a Kronos time clock for the F irwinds Golf Course Maintenance Shop in the amount of $2,500. I I I Central Services /Project Manager - Consider st~' frecommendation to approve the hiring of a Project Manager to oversee new pr jects, including the Fairgrounds Project. This position is one of the two requeste in the Phase III/Decision Packets. PUBLIC WORKS I i Solid Waste / Equipment Purchase - Cfnsider staff recommendation to approve the purchase of three Motorola obile radios for a total amount of $3,438. I Engineering / Resolution No. 01-080 - ~onsider staff recommendation to adopt the resolution establishing a SBU Administrative Policy, and authorize the Chairman to execute the resolution. Lennard Road / Permission to Advertisel- Consider staff recommendation to grant permission to advertise for cohsultant services for the Lennard Road PD&E Study. I I i MANAGEMENT AND BUDGET I A Budget Resolution 01-98 - Consider sta1 recommendation to approve the budget resolution to appropriate and ex end funds from the SFWMD Taylor Creek Restoration Grant in the amount f $700,000. . Budget Resolution 01-99 - Consider staff recommendation to approve the budget resolution to appropriate and dpend funds from the FDEP Urban Mobile Irrigation Lab (MIL) Grant in the þount of $55,000. I I I I i I B. c. INVESTMENT FOR THE FUTURE 4. 5. A B. c. B. ì \w ...,; CONSENT AGENDA MAY 8. 2001 PAGE TWO 5. 6. 7. 8. MANAGEMENT AND BUDGET (CONTINUED) C. A Sheriff's Local Law Enforcement ~ ock Grant - Consider staff recommendation to approve the reques~ to modify the type of equipment to be purchased from the grant. ¡ i i i Declarations of Unity of Title / Dioces of Palm Beach and George and Patricia Fulmer - Consider staff recomm ndation to approve the proposed lot line adjustment under the Declar tions of the Unity of Title and authorizing the Unity of Title for the Di cese and Fulmer parcels, subject to receipt of a copy of the executed d recorded Corrective Special Warranty Deed and Special Warranty De d. I Permission to File Suit - Consider staff recþmmendation to grant permission to file suit against Robert L. McClain to rruest an injunction to require Mr. McClain to remove the trash, junk and ebris from his property at 5020 Garner Street in Fort Pierce. . COUNTY ATTORNEY B. C. St. Lucie Soil and Water Conservation istrict Interlocal Agreement for Administration of Mobile Irrigation L b (MIL) Grant - Consider staff recommendation to approve the pro osed Interlocal Agreement, and authorize the Chairman to sign the agre ment. D. Extension of Lease Agreement with State of Florida Department of Juvenile Justice - Consider staff recommendatio to approve the Modification to Extend and authorize the Chairman to s gn the Modification. AIRPORT Florida Department of Transportation (FdOT) Joint Participation Agreement (JPA) - Consider staff recommendatio~ to accept the agreement, and authorize the Chairman to execute the JP and a resolution authorizing the Chairman to sign the agreement for th construction of a fire protection system at St. Lucie County Airport. , , I Florida Department of Transportation (F~T) Joint Participation Agreement (JPA) - Consider staff recommendatio to accept the agreement, and authorize the Chairman to execute the JP and a resolution authorizing the Chairman to sign the agreement for the ronstruction of a security fencing at St. Lucie County Airport. I COMMUNITY SERVICES I Resolution No. 01-96 - Consider staff recommlendatiOn to adopt the resolution authorizing the County Administrator to ex~~~te the Satisfaction of Mortgage for each satisfied SHIP second mortgage. ¡ I i I I i i I A B. '\ "-" CONSENT AGENDA MAY 8, 2001 PAGE THREE 'WI 9. COMMUNITY DEVELOPMENT Budget Amendment No. 01-146 / Amendment tq Equipment Request Nos. EQOl- 038, EQOI-041, EQ01-042, EQOI-043, and I EQ01-148 - Consider staff recommendation to approve the budget amenilirlent and equipment requests for $705 to purchase computers that were estimate4 in March 2000 at a lower cost. I 10. ADMINISTRATION I A Port of Fort Pierce - Consider staff recom*endation to approve the bond from Walter W. Ergle, Jr., to guarantee his erformance as Harbormaster for the Port of Fort Pierce. i Recreation Update - Staff will give a progr~ss report to the Board. B. BOARD OF COUNlY CO SSIONERS ADDITIONS AGEN A MayB.2001 ....,.¡ ") '" REGUlAR AGEND~ COUNTY ATTORNEY i R-A.l Proclamation / Resolution No. 01-106 -I Proclaiming the week of May 13, 2001 through May 19, 2001, as "Law Enforcement Week" and designating May 15, 2001, as "Peace Officers' Memor*l Day" in St. Lucie County, Florida. I I ! i CONSENT AGEN~ ! COUNTY ATTORNEY ¡ I C-A.l St. Lucie Metropolitan Planning organiz1ion Major Update of the Year 2001 Transit Development Plan/Transportat'on Disadvantaged Service Plan - Consider staff recommendation to a prove the proposed agreement between the MPO and Tindale-Oliver and Associates, Inc., subject to approval of the agreement by the Floridt Department of Transportation. NOTICE: All Proceedings before this Board are electronically recorded. Any person ho decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may n ed to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. indMduals estifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any indMd al testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should con ct the St. Lucie County Community Services "'00"", " (561)462-1777 0< roD O'¡¡ii".... .."..""""" ""'"' p'; "" <he _- ,-,.. , AGENDA REQUESl1 ITÈi1 NO. 7 DATE: May 8, 2001 REGULAR [x] PUBLIC HEARING [ ] CONSENT [' TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING RUTH TOTTON SUBJECT: Award of Bid #01-032 Indian River Lagoon Trace PulbliC Works/Engineering I BACKGROUND: On March 21, 2001 bids were opened for th~' Indian River Lagoon Trace. Three Hundred Forty four vendors were notified, Thirty sets of bid docu ents were distributed and three bids were received. Staff recommends the second lowest bidder (see ttached) Dickerson Florida, Inc in the amount of $990,038.00. I I I FUNDS AVAIL.: Funds for this project will be made available fr~m reserves within the Transportation Trust/Impact Fees in account 101 006-4116-563000-4904. Th~ proposed project budget is outlined below. Construction Testing Reserves $990,038.00 5,000.00 99,004.00 Total$1,094,042.00 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award Ofbid#01-0321~dian River Lagoon Trace to Dickerson Florida, Inc. for $990,038.00 and authorize the chairman to sign t~e contract as prepared by the County Attorney. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Originating DeptX: ."\ / , ,/ / , '/ tb ~.. / '.' /.' , . 1·'. "V¿"v --- Mgt. & BudgetX 4 .~.I ,/ d / ; Purchasing Mgr.:X C.. I County Attorney:X / Other: Other: Finance: (Check for Copy only, if Applicable) EIf,1/97 G,\COMMON\AGENDAS\BIDS\lAGENDA.FRM '-" ""'" .. , ENGINEERING DM$ION MEMORANDUM 01-117 TO: Ruth Totton, Interim Purchasing Director FROM: Michael Harvey, Engineering Intem iI/I VIA: Don West, County Engineer ;>'::\.;.. .. ~ DATE: April 24, 2001 SUBJECT: Indian River Lagoon Trace, Bid #01-032 Bids for Bid #01-032 were opened on March 21, 2001. 4e have reviewed the bids and in accordance with the memo written April 16, 2001 by ay Wazny (see attached) we recommend that the project be awarded to Dickerson Flori a, Inc. . : Funds for this project will be made available from re~èrves within the Transportation Trust/Impact Fees in account 101006-4116-563000-4904.1 The proposed project budget is outlined below. Construction Testing Reserves $990,038.00 5,000.00 99.004.00 Total: $1,094,042.00 attachment CC: Dan Mcintyre, County Attorney Ray Wazny, Public Works Director Michael Powley, Capital Projects Engineer ~: Barbara Meinhardt, Department Revenue Coordinator ~" ,. ....... ..., , - PUBLIC WORKS þEPARTMENT I MEMO~NDUM TO: Dan Mcintyre, County Attorney Ray Wazny, Public Works Director ¿lvJ( ! I FROM: DATE: April 16, 200j I I SUBJECT: Award of Bid - Indian River Lagoon Trace prfject I I In awarding the bid for the Indian River Lagoon Tracß Project, the Public Works Department recommends thatthe award not be made to Adn~m Investment & Development Inc. (Adnan). the lowest bidder. The Puþlic Works Departry,ent has had recent problems with Adnan on two other projects, and docüments concerning these problems are attached. As a result of these problems, the Department has serious qoncems about Adnan's ability to complete a project of the magnitude and complexity of t~e Indian River Lagoon Trace Project in a proper and timely manner. This project consi. st of 9 catch basins. installation of 2840 feet of exfiltation trench, 5!;i feet' of side drain, -.?: . 0 feet of curb. landscaping, construction of swales, installation of weather sheltérs and rest areas_ I In view of the above the Department recommends that the ~oard determine that Adnan is not a responsible bidder for this project and award the bid t the second high bidder. I I I RL W Ism CC: County Administrator Attachments ~ ! .~ g M ø ø ° ~ g M ~ ~ ° " . ~ ~ s¡ ~ a> s ~ .. m o ... 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II , S" ~ ~ .. ... . ili ~!i' g .. " ~ . ; . .. ...' '" . g ! .. " '" , g .. o i ~ .. ..... H z u ~ ;:c <: fT1 ;:c ~ o o z -< ~ fT1 ." OJ: > <JJ m o z fT1 <JJ m () -; õ z > .. <JJ m c; -< õ z '" '" 6 ~ ro C ~ Õ Z <JJ OJ: m fT1 -< / '-" 'wi PUBLIC WORKS DEPARTME+ MEMORÀNDUM TO: Charlie Bicht, Purchasing Director FROM: Ray Wazny, Public Works Director ',.' 1,..- SUBJECT: Adnan K. Alghita DATE: September 28, 2000 ******************************************* ********************** In the last year the Public Works Department has e perienced two problems in contracting with Adnan Investment and Development, Inc. (AIDI). Last year AIDI installed a culvert in the wrong location (see attached c rrespondence) on the Glades Cutoff Road Stormwater Improvement ¡Project. This y. ar·we had a problem because AIDI failed to obtain required rough inspections átthe S. Lucie County Jail Addition and Renovation Project. Both of these problems were ignificant. Theses problems caused County Staff to spend a substantial amount oft me resolving the problems. Based on the experiences noted above, we recommend þat the County consider not awarding future contracts to AIDI. I Please call me at 462-1485 if you have any questions. I RLW/sm cc: County Attorney St. Lucie County Administrator ,. '-" 'wi PUBLIC WORKS DEP1RTMENT I MEMORANDUM¡ . I I I lùymond L. W=y. Fohlic Works Director I Charles A. Cangianelli, Building and Zoning ~anager C~ August 28, 2000 I I St. Lucie County Jail - Permit No. 99090341 I I I Attached is the recent correspondence between our Departme+ and Adnan K. Alghita. It is my understanding from Jack Scott, the architect for the *oject, that the outstanding issues are as foIIows: I · Roof insulation and concrete ,thiclmess do not Jeet design drawings; ... ·-::1 Paint finish on the interior walls; TO: FROM: DATE: RE: . · Roof drains; . Sanitary sewer line Without these items approved, a Certificate of Occupancy may tot be issued as requested by Mr. Alghita. I CAG:ewc Attachments as noted \... v ,. .....:.., .~ L~ 6:MS W:~KERòON ENC1~E£R[NC 407'645:2399 PAC=: I ""' { ~ 'wi Sims Wilkerson Engineering, Inc. MEMORANDUM August IS, 2000 I , I I I I I I To: Jack Scott Stebbins Scott & Bergman Archit(;cts From: Gary A. Wilkerson, P.E. Reference: Rock Road Correctional Booking Addition SWE# 98003 Subject: Inspection of Underground Plumbing You have indicated that the installing contæctor did not O:$the required inspections during the progress of tbe plumbing installation for the ahov referenced project. The following is our l)pinion of the minimum that should be requi in lieu of exposing the piping for inspection. t". ]. I)çtenniue the credentials of the installing contractor. T a master plumber was on site and in direct supervision of the installation,. ask for certification that the installation is in accordance with the p~amng codes. I 2. Provide a hydrostatic pressure test of the sanitary piPt. by plUgging the drain and maintaining a mínimum often feet ofhcad for a peri of twenty-four bours. 3. Verify the invert (If the ~tary piping at the point of co· ection of the new to the existing then ca.lculatc: the available :;[opc. , _ , ~.~ .1 i '1 o J I i I ·1 ! i I ! I II , .¡ , ; ! I 1555 Howell ßrancb Rond. Suite A-I' Winta Park. Florida 32789. (41)7) 645-1 M. FAX (407) 645.2J99 -----.-- :/ '-' ",¡ , ., . ~'4 þ J S~EBBINS, ... SCOTT & J .... BERGMAN ARCHITECTS. P.A· #AAOJ01468 August 9, 2000 Roger Shinn St Lucie County, Central Services 2300 Virginia Avenue Ft. Pierce, Ronda 34950 RE: St. Lucie County Jail Addition & Renovation Dear Roger, Please find attached a letter and warranty, both dated August 7, 2000, from ~e Decks, In<:. I These two documents provide credible evidence that the roof deck was prope+ installed. AirUte has been in business, under the same family ownership, since 1955 and lenjoys a superb reputation. Based on the above, and the fact that I have known of Airlite's operation for over 4þ years, I strongly believe that this work was performed as specified Sincerely, STEBBINS, SCOTT & BERGMAN, ARCHITECTS, P A \ J~ 1-\. S?~ Jack H. Scott President -,·.·1 JHS;bja cc: Adnan Investment & Development, Inc. .......--.St. lucie County BuiJding Department AirIite Decks, Inc. 2101 Sunrise Boulevard . Fo~t fierce. Fl34950 . PHONE (561) 464-3122 . FAX (561) 464-5068 '-' -...J ßOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DIRECTOR Roy Wozny, P.E. August 8, 2000 Mr. Adnan K. Algbita P. O. Box 517 Jensen Beach, FL 34958 Dear Mr. Alghita: You recently requested final inspections for your Building Pe "t #99090341 at 900 Rock Road. In reviewing the permit files we have determined that Rough PI bing (420), Plumbing Top Out (423), Insulation (141), and Construction Framing (140) inspe 'ons were not conducted. As a result, the County cannot approve final inspections because of our failure to request and obtain inspections of the required "rough in" phases of construction. I I suggest the following alternatives in completing your cons ction. First, you can expose plumbing, insulation and :&aming for inspection by the COUll " Alternatively, you can have a Florida Registered Professional Engineer certifY that the r ugh plumbing, insulation, and construction framing meet the requirements of the 1997 Standar Building Code. , , -co.··j. It is extremely rare that a General Contractor would requ~st a ~ inspection without first having a rough inspection approved. Would you please let me know hot this happened: Please call me at (561) 462-1485 if you have any questions. Sincerely, £' ~d~~E P1iC Works ¡fecir CC' S1.. Lucie County Administra10r S1.. Lucie County Attorney Sl. Lucie County Purclwing Manager SI. Lucie County Building and Zoning Manager 51. Lucie County Cenlnil Services Manager JOHN D. DRUHN. D,",:" No " . DOUG COWARD. Di'rrid No 2 . PAULA A .:';.'!S Di"ne! No. J . FRANNlf HUTCHINSON. Dimie, No.4. CUFF DARNES. Dimic No.5 County AdmIl1!.s~~C;-::· . J.:Juglos M. Anderson I 2300 Virginia Avenue . Fr. Pierce, FL 34982 Public Worl~s: (561) 462-1485 . FAX (561 )4162-2362 Division of Engineering (561) 462-1707 Fox 462-2362 . Division of Rood & !}~idge: (561) 462-2511 FAX 462-2J63 Division of Solid Wasre: :5c~) 462-1765 FAX 46þ-6957 D,v,s,on of !}uilding & 'n.specrlons: (561' ':62< 55J Fox 462-17J51 . TDD (561) 462-1425 ~ f , 1 ? \r ...J '~\' þ ~ S~EBBINS, .... SCOTT & J .... BERGMAN ARCHITECTS. P.A.. #AACOOl468 August 8, 2000 Roger Shinn St Lucie County, Central Serviçes 2300 Virginia Avenue Ft. Pierce, Ronda 34950 RE: St wcie County Jail Addftioo & RenO\lation Dear Roger, I . Please find attached a letter and warranty, both dated August 7, 2000, from ~ite Decks, Inc. These two documents provide credible evidence that the roof deck was prope~ installed. , I Airlite has been in business, under the same family ownership, since 1955 an~ enjoys a superb reputation. Sincerely, STEBBINS, SCOTI & BERGMAN, ARCHITECTS, P.A J d.~ !t. '=S".... .ç ~ -. Jack H. Scott President JHS;bja cc; . Adnan Investment & Development, Ine. St Lucie County Building Department Airlite Decks, Inc. 2101 Sunrise Boulevard· Fort Pierce. Fl 34950 . PHONE (561 464-3122. FAX (5ó 1) 4ó4-50ó2 " \.; { ( wi Airlite Decks, Inc. Airlite Decks, Inc. 3505 65'" Street Vero Beach, Fl 32967 . 561,/5'32-3516 Fax: 561/778-8456 August 7, 2000 Adnan Investments & Development, Inc. P.O. Box 517 Jensen Beach, FL 34958 Attn: Adnan Alghita (561/460-0583) RE: St Lucie County Correctional Center Dear Mr. Alghita, . j We furnished and installed the following insulating co -ete roof deck system: 2" minimum Perlite insulating concrete (125 PSI) over s epped polystyrene insulation board to provide 114" per foot slope - appro mately 2,273 square ft. (Metal decking was installed by Bandy.) Sincerely, AirIite Decks, Inc. JÚiduJtJ: ÚJ Michelle K. Lockwood Sales/Estimator ~ . " \...- i 1. ....",¡ Airlite Decks, Inlc. 3505 65th Street I Vero Beach, florlda 329tJ7 561/562-3518 faxff: 77~/8456 WARRANTY WE DO HEREBY CERTIFY THAT WE WERE THElnsulatin O>ncrete Ro f Deck S stem subcontràctor on the ST. LUCIE COUNTY CORRECTIONAL CENTER which was complete and accepted on the date of substantial completion_ I WE FURTHER CERTIFY that the above referenced project to be free from tefects in the materials and workmanship for a period of 1 year from the acceptance date, and we sha I at our own expense repair and/or replace all such defective work, and all other work damaged thereby, whi h becomes defective during the term of the Warranty, except such defects caused by failure of work of O~rs, if such defects were impossible to detect at time of examination of the other's work. This subcontractor sh II not be held responsible for nonnal wear and tear and damage by acts beyond the subcontractor's con oJ. /2 7'-~ J Roger l. Smith, President c : I Airlite Decks, Inc. ¡ I I I I I Sworn to and subscribe~ before me this 7th day of August 2000 ~,da . ; tj-d Linda D. pfund Notary Public Commission #CC948762 Expires August 25, 2004 ,,'h" Und. 0 Pfund ~ ¥ * Mot CommisaJon CC948762 .~..:;.; Expires August 25. 2004 / """ t f ..,¡ Airlite Decks, Inc. th I 3505 65 Street i Vero Beach, florida 329é7 561/562-3518 fax": 77'/8456 WARRANTY WE 00 HEREBY CERTIFY THAT WE WERE THE Insulatin Concret Roo Deck S stem subcontraètor on the ST. LUCIE COUNTY CORRECTIONAL CENTER which was completed and accepted on the date of substantial completion. WE FURTHER CERTIFY that the above referenced project to be free from fects in the materials and workmanship for a period of 1 year from the acceptance date, and we shal at our own expense repair and/or replace all such defective work, and all other work damaged thereby, whi becomes defective during the term of the Warranty, except such defects caused by failure of work of oth rs, if such defects were impossible to detect at time of examination of the other's work. This subcontractor sha I not be held responsible for normal wear and tear and damage by acts beyond the subcontractor's con 01. /~7¡~ Roger L. Smith, President Air/ite Decks, Inc. Sworn to and subscribed before me this 7th day of August 2000 Xu>!..; ~J Linda D. Pfund Notary Public /h." Und. C Pfund ~¥ * My Commission CC9048762 '''''~ Expiras August 25. 2004 Commission #CC948762 Expires August 25, 2004 / .: ~. PUBLIC WORKS DEPARTME~T MEMORANDUM TO: Charlie Bicht, Purchasing Manager Ray Wazuy, Public Works Director 4~ FROM: SUBJECT: Adnan Investment Evaluation DATE: October 11, 1999 ....J ********************************************f'********************** Attached for your information is a Memorandum da ed September 3, 1999 from Mike Wrock, Engineering Intern concerning Mr. Wr ck's experience with Adnan Investment and Development, Ine. on the Glad~ Cutoff road Stormwater Improvements Project I I I RLW/sm - cc: County Administrator County Attorney County Engineer " \... ....,¡ DIVISION OF E~GINEERING ! MEMOR~NDUM 99-35 . ~M~@~~~~~M~~~~@~~@~~~~l~1t~~~~~@~@~@~@~@~~~~~@1~. @~~~~~~~@~@~@~[~~~~~~~H~J@~~m~~~~@~~@~@~@~@~ TO: Ray Wazny, Public Works Director FROM: Mike Wrock, Engineer Intern ~_~ DATE: September 3, 1999 SUBJECT: Adnan InvestTTient and Development, Inc. - fvaluation of Contractor Per your request, I am summarizing my experiences worki g with Adnan Investment and Development, Inc_ (Adnan). The Glades Cutoff Road Sto water Improvements Project is the only project that I have worked on with this contra tor. The contract amount was $128,858 and included several culvert replacements. The Final Payment was approved by the BOCC on August 24, 1999. Below are some of the is ues that should be considered in the evaluation and Mure use of this contractor. ! Adnan does not do any of the actwal construction,::~heY subcontract 100% of the work, and do not necessarily use the same siJ contractor for each project. Therefore, there may not be any consistency in the quality of work_ . Prior to awarding the contract, Adnan said they wer using Custom Built Marine as the subcontractor and they provided references for hem. We based our selection of Adnan and recommendation to the BOCC on t at assumption. Following the award of the contractto Adnan by the BOCC, they th n introduced John Ward.and Sons as being an additional subcontractor along ,ith Custom Built Marine. We investigated John Ward and Sons and gave them ap~roval. As I realized during the course of the project, John Ward and Sons was fhe prime subcontractor and Custom Built Marine was never used. In my opini~n,. Adnan's representation of subcontractors to be used on the project was mislelding. Adnan made a claim for additional compensation fro the County in the amount of $36,239 due to a drafting error on the project plans elated to the mitered ends of the culverts. The drafting error in question was raise by Adnan prior to submitting their bid on the project, as they acknowledged. The rafting error was clarified for Adnan at that time. Adnan had the opportunity at th t time to revise their bid or to not submit a bid at all. : ~;',"' 1- I ! c:r'" - 7 lo.I_r' ! I .' ~ ....,¡ i I Having said that, and the fact that the cfaim was e~entuallY dropped, the following information is not really relevant but should be no ed. Adnan's claim for $36,239 was always expressed as being related to three of he culverts in which there was a drafting error, however, as could be seen on thbir tabulations, $27,808 of the claim was for mitered ends for all of the other cylvert crossings ?S well on this project. To my knowledge, there was never any V~rbal or written claim by Adnan related to these other culverts, other than what was n their tabulated amounts, and there would have been no reason to be. This leav s $8,431 which I perceived as any claim. ' , i I I In trying to work with Adnan on this matter, which I do not believe I was obligated to do, I reduced the quantity of pipe which was call for on other culvert crossings (with no reduction in the contract amount), which i my judgement could be done without sacrificing the stormwater improvements The monetary value or the reduction in the quantities of pipe on this project was $10,711. Adnan still continued to pursue their claim through their attorney, but ev ntually dropped it. I Adnan's subcontractor replaced a 47" x 71" ellipti I culvert at the wrong location (approximately 1 mile away from the culvert that wa intended to be replaced). This was an approximate $14,000 mistake. In my opin on, this was clearly a lack of communication between Adnan and theirsubcontrac or. The pre-bid meeting, which Adnan attended, was held in the field at the location ~fthe culvert that was intended to be replaced. i i- . t Adnan had always expressed to me that they wO' Id take responsibility for the mistake, however, their attorney later made a reques for Adnan to be compensated to some extent for this culvert. That claim was later ropped. I . Adnan requested compensation on each of their ~Yment applications for work which was not completed. This was either due to a I k of communication between Adnan and their subcontractor and a failure by Adn n to inspect the work, or just an unjustifiable request for compensation. .. I . I The work on the Glades Cutoff Road Project was cJmPleted satisfactorily and on schedule, and met the requirements of the project plans and specifications. cc: Don West, County Engineer ~ I -..,If' V~ BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DIRECTOR Roy Wozny, P.E. i 1llð' August 8, 2000 Jv1r. Adnan K. Alghita P. O. Box 517 Jensen Beach, FL 34958 Dear :Mr. Alghita: You recently requested final inspections for your Building pemrt #99090341 at 900 Rock Road. In reviewing the permit files we have determined that Rough P~mbing (420), Plumbing Top Out (423), Insulation (141), and Construction Framing (140) inspeftions were not conducted. As a result, the County cannot approve final inspections because of our failure to request and obtain inspections of the required "rough in" phases of construction. I I suggest the following alternatives in completing your con crion. First, you can expose plumbing, insulation and framing for inspection by the Coun Alternatively, you can have a Florida Registered Professional Engineer certify that the ough plumbing, insulation, and construction framing meet the requirements of the 1997 Stand d Building Code, , , . It is extremely rare that a General con.tractor would reqÜest i~al inspection without first having a rough inspection approved. Would you please let me know hrW this haþpened. Please call me at (561) 462-1485 if you have any questions. Sincerely, ¿ ~ft) . ~dL. y. .E. PwriC Works re r ee: SL Lucio County Administrator St. Lucio County Attornoy . 51. Lucio County Purchasing Manager St Lucio County Building and Zoning Manager 51. Lucio County Central Services Manager JOHN D. ORUHN. D1S,,"cr No 1 . DOUG COWARD D'SfIICI No.2. PAULA A LEWiS D,smc:r No.:¡ . Ff\~NNIE HUTCHINSON. Cisrrrc:r NO.4· CUFF OARNES. DlSrrrc' No 5 Counry Adminisrrorcr . Douglos M. Ander n 2300 Virginia Avenue . Ft. Pierce, F 34982 Public Works: (561) 462-1485 . FAX (56 ) 462-2362 Division of Englneenng: (561) 462-1707 Fax 462-2.362 . DIvIsion of ROOdlG Dridge: (561) 462-2511 FAX 462-2.36.3 DivIsion of Solid Wasre: (561) 462-1768 F~ 462-6987 Division of ()uilding G Inspecrions: (561) 462-1553 Fox 462-11735 . TDD (561) 462-1428 . ? I . I ;, .\wot C-'i - fIJJ i S T. L U C I E C 0 U N t Y 2300 Virginia Av~ue i Ft. Pierce, Florida 3498~ Growth Management Diviè~4n PERMIT 'I., -........ ·......Insp Area 3 Master Nbr. Yo 0ex 5) ) ~~, fC J Y1sJ Page 1. Permit #: 99090341 Type: BUILDING COMMERCIAL Issued: 10/22/99' Job Location: 900 ROCK RD N / FT PIERCE Jurisdiction: ST LUCIE COUNTY Lot: Blk: SUbdiv: Parcel: 2311-210-0000-000/6 Owner's Name: ST LUCIE COUNTY, Project: Job Description: * NEW COMMERCIAL BUILDING - BOOKING ADDN INTERIOR RENOVATIONS TO EXISTI G BOOKING AREA 99090341 -7""7 Elev: Applicant Name: ADNAN K ALGHITA Contact Phone: (561) 229-8557 I Double Fee: N I i Contractor Name: ALGHITA, ADNAN K ~ert Nbr: Business Name: ADNAN INVESTMENT &; DEVELOPMENT INþ I I i i i i Addl Information: *RCVD 30 DAY POWER RELEASE FO~ 10/06/99 MS* SUB-PERMITS I STATUS PT CERT # DBA . i JOB DESCRIPTION ISSD BC 10504 ADNAN INVESTMENT &; D, * NEW COMMERCIAL BUI ISSD EP 17H9 LIGHTNING ELECTRIC- Im! ELECTRICAL SUB FOR C ISSD PP 8742 PLUMB-ALL INC PLUMBING SUB FOR COM ISSD ME 10264 HI-TECH COOLING INC I MECHANICAL SUB FOR C ISSD RP 1.0304 WEATHERSEAL INC I ROOFING SUB FOR COMM INSPECTIONS - For Requests, Call: (51) 462-1.261 ~eq Description Pr Date Res Descriptio Inap Date Setbacks Left: Fire Marsh Nbr: Utility COs: PERMIT # 99090341. 99090342 99090343 99090344 99090345 L04 (ST) COMPACT JON TE 1 LOS' (ST) FORM BOARD SU 1 120 (PL) PLUMBING ROITG 1. b27 (PL), TEMP.TOILET .03 (EL) EUFFER GROUND .15 (ST) SLAB .21 (ST) TERMITE SPRAY 18 (ST) COLUMN 25 (ST) TIE-BEAM :/0 2 - ¡.." ð h'GCc~~y Pt7'-'"'(.Þ" ov U £..oJo" e.X'''¡~ 2/ ./-~ ï..-O'il I\~ i> r J - ¡'" - fj 6. c r-I ~ ?...I ð:J.' y/'o. :,\,,0+ 2 þ 'v? ,7 . I ~-"'" If' ~. 3 . ~ttt/f1 ,..,~II;¡ 1,-) t'-.,.Js .~ rf"I4rlat ' f '()D ð ¡... I .J-o,- . ~"f¡ÁL It~B"~~ ~·I .1/-h2ýý í"o--h:vt- T Óf? f3"""-,;;v f I ~ """ ~ Iy I"'" rJ-Co.,# G. 5. jo~l ~ Î6JP ~B::Ðk~')-+ 1Vwjl~-~ 2--~: ;OD FíJ~1í'¿ f3P~ rrL--f."V'/~'-~ u~ Type: CONTRACTOR 10504 Right: Front: Stub Out: Rear: T-Pole: f r fJ"",j.; A,{ (ð '/¡~ t./ '7 c¡ f3. 1.... ~',JJ À -IY-oð S.,ß 110 1. 3 Z~tfJ gz~ E-t~-ªì U ~\ ¡.i tn' ~~....; tIJ........~ ~~~ ~E-tC'! oc:::::~ tI.10~ u--¡:: .....~o E-t .- o t:J Z J$ Z OE-ttfJ _ZID E- '5 U~1ü ¡¡'¡¡§t> 0..___.....: tIJ,,-~ Z ¡¡,¡ " - 0::: ~ I ~E-N 00:::C"i ¡¡,¡oOO u--~ .....°0 E- z.- ~<E CIJ I: &ill =ra¡ f" \.- ......" S T. L U C I E C 0 U N T Y 2300 Virginia Avenue I Ft. Pierce, Florida 349ß2 Growth Management Divisfon PERMIT Page 2 Permit #: 99090341 Type: BUILDING COMMERCIAL Issued: 10/22/99 Job Location: 900 ROCK RD N / FT PIERCE Jurisdiction: ST LUCIE COUNTY Lot: Blk: Subdiv: Parcel: 2311-210-0000-000/6 Owner's Name: ST LUCIE COUNTY, Proj ect : . Job Description: * NEW COMMERCIAL BUILDING - BOOKING ADDN INTERIOR RENOVATIONS TO EXIST NG BOOKING AREA -Insp Area 3 Master Nbr. 99090341 INSPECTIONS - For Requests, Call: (561) 462-1261 Reg Description Pr Date Res Descript'on +- I~p Date 137 (ST) STRAPPING 4"l-7'-æ>o G·S. ~tl;1 'f; {jAr r;r 140 (ST) CONR/PRAMING 4 I fh- r f'-\<-l- <- W e' .:., ~- ,joo L": P:: 2(-,: . 238 (EL) ELECTRIC ROUG 4 ~ I ~y J " ~ 351 (ME) MECHANICAL RO 4 p......i~.J1.- v',,~+. ~ ß"..b...S a.-.lðW~ :;-?7_ïJ r' _ l-/_2.j~vO \ f'.,.,J-.~. J).......\ ~""'SL -"7 l '1- :z.::J-C'Þ I 423 (PL) PLOMBING TOP 4 I I I ~.I Elev: 141 (ST) INSULATION 5 259 (EL) POWER RELEASE 5 260 (EL) 30 DAY FOR TE 6 167 (ST) ROOF FINAL 7 180 (ST) BUILDING FINA 7 261 (EL) 30 DAY EXPIRE 7 280 (EL) ELECTRIC FINA 7 380 (ME) MECHANICAL FI 7 480 (PL) PLUMBING FINA 7 700 (FM) FIRE DEPARTME 7 300 (ZCJ ADDRESS FINAL 7 301 (ZC) PAVING AND DR 7 308 (ZC) LANDSCAPING/T 7 , ~ ...." ST. LUCIE COUNTY 2300 Virginia Avenue i Ft. Pierce, Florida 349812 Growth Management DivisiÞn PERMIT Page 1 Permit #: 99090341 Type: BUILDING COMMERCIAL Issued: 10/22/99 Job Location: 900 ROCK RD N / FT PIERCE Jurisdiction: ST LUCIE COUNTY Lot: Blk : Subdi v: Parcel: 2311-210-0000-000/6 Owner's Name: ST LUCIE COUNTY, . F~ood: NA Project: I Job Description: * NEW COMMERCIAL BUILDING - NEW BOOKING, ADDN INTERIOR RENOVATIONS TO BXISTI~G BOOKING AREA I Inap Area 3 Master Nbr. 99090341 Blev: Applicant Name: ADNAN K ALGHITA Contact Phone: (56l) 229-8557 Type: CONTRACTOR Setbacks Left: Fire Marsh Nbr: Utility COs: I Double Fee: N i ¡ Contractor Name: ALGHITA, ADNAN K I Cert Business Name: ADNAN INVESTMENT & DEVELOPMENT IfC I Front: i Stub OUt: I Nbr:l0504 Right: Rear: T-Pole: Addl Information: *RCVD 30 DAY POWER RELEASE FO 10/06/99 MS* SUB-PERMITS STATUS PT CERT # DBA I . ISSD BC 10504 ADNAN INVESTMENT & DMLO . ISSD EP 1 ?¡49 LIGHTNING ELECTRIC rÑ¢ rSSD PP 8742 PLUMB-ALL INC. I ISSD ME 10264 HI-TECH COOLING INC I ISSD RP 10304 WEATHERSEAL INC I INSPECTIONS - For Requests, Call: (~61) Req Description Pr Date Res Deacripti4n I I I PERMIT # 99090341 99090342 99090343 99090344 99090345 JOB DESCRIPTION * NEW COMMERCIAL Bur ELECTRICAL SUB FOR C PLUMBnTG SUB FOR COM MECHANICAL SUB FOR C ROOFING SUB FOR COMM ~ 462-1261 Inap Date NOTICE OF INSPECTION AND/OR TREATMENT Section 482.226,F1.statutes 104 (ST) COMPACTION TE 1 105 (ST) FORM BOARD SU 1 420 (PL) PLUMBING ROUG 1 427 (PL) TEMP. TOILET 1 103 (EL) EUFFER GROUND 2 2 7/-JJ-ð~et , , 115 (ST) SLAB I Lt (1-' ø c,..- ~ J 121 (ST) TERMITE SPRAY 2 I i SOUTHCOAST PEST CONTROL 3849 N.E. LINE DR. JENSEN BEACH, FL. 34957 561-225-0999 118 (ST) COLUMN ¡ I I (ST) TIE-BEAM 3 I I foOT; I\~!. .1Ä~:nÅL Vfõ.5TIiS<...ê. 1'1Zd1? Ck. j/V/:'bV/0 y;'~ rJ úLvJ< /-/;-2A;OOIl;J1l' 3 125 \ ) 0 "'" "'" Permit #: 99090341 Issued: 1.0/22/99 Job Location: 900 ROCK RD N / FT PIERCE Jurisdiction: ST LUCIE COUNTY Lot: Blk: Subdiv: . Parcel: 2311-210-0000-000/6 Prop. Name: ST LUtIE COUNTY CORRECTIONAL CENTER Owner's Name: ST LUCIE COUNTY, F~ood: NA Elev: Project: I Job Description: * NEW COMMERCIAL BUILDING - NEW BOOKING ADDN INTERIOR RENOVATIONS TO EXISTI*G BOOKING ARE' I ! S T. L U C I E C 0 U N t Y 2300 Virginia Avenue I Ft. Pierce, Florida 3498t Growth Management Divisifn PERMIT ! CNF# 67 SType: BUILDING CO~RCIAL I Master I Page 1 Insp Area 1 Nbr. 99090341 Applicant Name: ADNAN K ALGHITA I Type: cr Contact Phone: (561) 229-8557 Double Fee: NI Contractor Name: ALGHITA, ADNAN K I Cert Nbr: ~ ~ Business Name: ADNAN INVESTMENT & DEVELOPMENT n~'c fJYt-ß I)J.t . . ~K 34945 Addl Information: TIE BEAM IS FOR THE VESTIBULE 1/14/00 THIS IS PARKING GARAGE ON SID~-OF BLDG PER ~ *RCVD 30 DAY POWER RELEASE FO~ 10/06/99 MS* SUB-PERMITS I . STATUS PT CERT # DBA ' >_ ' -ce,}I. FINL EP 18114 MALANCZYN ELECTRIC IN INSP BC 10504 ADNAN INVESTMENT & DE LO ISSD EP 17149 LIGHTNING ELECTRIC IN ISSD PP 8742 PLUMB-ALL INC ! ! ISSD ME 10264 HI-TECH COOLING INC--1 ISSD RP 10304 WEATHERSEAL INC . Setbacks Left: Fire Marsh Nbr: Utility COs: Right: Front: Stub Out: /CONTR PERMIT # 20030522 99090341. 99090342 99090343 99090344 99090345 JOB DESCRIPTION INSTALL NEW A/C CONT * NEW COMMERCIAL BUI ELECTRICAL SUB FOR C PLUMBING SUB FOR OM MECHANICAL SUB F C ROOFING SUB FOR MM ~ ~ I~SPECTIONS - For Requests, Call: ( 61.) 462-1261 REINSPECTION FEES REQUIRED: 1 REINSPE TION FEES PAID: 0 I Req Description Pr OptJ;d~1te Res Descr'ption ~ InSPj te 140 (ST) CONR/FRAMING 4 ~OS/01/00 ~ .;:¡r>'s;-D- 351 (ME) MECHANICAL R 4 9~dO~ OS/01/0~ LJ . COMMENTS: REQ DUE TO FAILED INSP 14: : 2 2 IAPR 2~00 ø J 423 (PL) PLUMBING TOP 4 ~OS/01./00 ~: / 104 (ST) COMPACTION T 1 BLD13 10/26/9 90 APPRO~ BLD13 1.0/26/99 110 (ST) FOOTER/FOUND 1 VOX 10/26/99 91 PARTI~,APPROVED BLD21 10/26/99 COMMENTS: VESTIBULE ONLY I AUTOMATED REQUEST 13:25:31 25 OCT ~999 I 105 (ST) FORM BOARD S 2 BLD03 10/26/99 93 NOT R~QUIRED BLD05 10/26/99 \.,..- .-./ S T. L U C I E C 0 U N'T Y 2300 Virginia Avenue, Ft. Pierce, Florida 349812 Growth Management Divis~on PERMIT: Page 2 I Permit #: 99090341 CNF# 678Type: BUILDING COMMERCIAL Insp Area ~ Req Description Pr Op.Id Date Res Desc~iption Insp Date I ~10 (ST) FOOTER/FOUND ~ VOX 11/04/99 91 PARTI~,APPROVED' BLD18 11/04/99 COMMENTS: AUTOMATED RESULT 11:46:07 04 NOV 11999 125 (ST) TIE-BEAM 1 BLD13 ~1/15/99 91 PARTIkL,APPROVED BLD21 11/16/99 COMMENTS: 1ST LIFTS - BRYAN 971-4677 I 427 (PL) TEMP.TOILET 1 BLD13 11/15/99 93 NOT ~bQUIRED BLD21 11/16/99 COMMENTS: BATHROOM FACILITY IN EXISTING BLDG or 125 (ST) TIE-BEAM ~ VOX 11/22/99 91 PARTI~T.,APPROVED BLD23 11/22/99 COMMENTS: NEW SALLY PORT TOP OF BEAM ONLY. r- I 103 (EL) EUFFER GROUN 2 BLD13 12/06/99 93 NOT R~QUIRED BLD23 12/06/99 COMMENTS: POWER TO COME FROM EXISTING BLDG I EARLY MORNING PLEASE 115 (ST) SLAB 2 BLD13 12/06/99 91 COMMENTS: NEW SALLY PORT ONLY AUTOMATED RESULT 16:41:26 06 121 (ST) TERMITE SPRA 2 BLD13 12/06/99 9~ COMMENTS: AUTOMATED RESULT 16:42:06 06 104 (ST) COMPACTION T 2 BLD03 12/22199 90 ~37 (ST) STRAPPING 2 BLD13 01/05/00 90 COMMENTS: AUTOMATED RESULT 16:20:19 05 125 (ST) TIE-BEAM 2 VOX COMMENTS: VESTIBULE AUTOMATED RESULT ~5:51:36 01/18/00 90 1~5 (ST) SLAB 0 VOX 0~/26/oo 91 COMMENTS: AUTOMATED RESULT ~5: 59 : 08 26 121 (ST) TERMITE SPRA 0 BLD13 01/26/00 91 COMMENTS: AUTOMATED RESULT 15:59:34 26 110 (ST) FOOTER/FOUND 0 BLD03 02/14/00 90 COMMENTS: NEW OFFICE SPACE 115 (ST) SLAB 0 VOX 02/17/00 90 COMMENTS: AUTOMATED RESULT 09 :53 :45 17 125 (ST) TIE-BEAM 2 VOX 02/29/00 91 COMMENTS: BOOKING & NURSES STATION AUTOMATED RESULT 16:32:23 29 PARTIp"APPROVED DEC 1P99 PARTIhT'1 APPROVED DEC 1~9 I I - ~~~ APPROYED 18 :::T:tO~APPROVED JAN 2 ~o PARTIAL, APPROVED JAN 2~00 APPRO~D I , APPROTm FEB 2~00 I PARTI¥/APPROVED FEB 2~00 BLD23 12/06/99 BLD23 12/06/99 BLD03- 12/22/99 BLD23 01/05/00 BLD05 0~/18/00 BLD18 01/26/00 BLD18 01/26/00 BLD18 02/14/00 BLD18 02/17/00 BLD23 02/29/00 \."..- ...., S T. L U C I E C 0 UNiT Y 2300 Virginia Avenuei Ft. Pierce, Florida 349t2 . Growth Management Divis on PERMIT Permit #: 99090341 CNF# 678Type: BUILDING C0M¥ERCIAL Req Description Pr Op.Id Date Res Descfiptiòn 119 (ST) STEM WALL 2 VOX 03/07/00 90 APPR~VED COMMENTS: AUTOMATED REQUEST 13: 06 :42 06 MARI2000 351 (ME) MECHANICAL R 2 BLD03 03/07/00 91 PART1AL,APPROVED COMMENTS: PARTIAL FOR VESTIBLE & BOOKING ROOf ONLY 125 (ST) TIE-BEAM 2 VOX 03/23/00 90 APPR~VED COMMENTS: FINAL TIE-BEAM INTERIOR WALLS. T AUTOMATED RESULT 16:16:31 23 MAR ~OOO i 351 (ME) MECHANICAL R 2 VOX 03/23/00 91 PARTiAL,APPROVED BLD19 03/23/00 COMMENTS: DUCT SEALING ONLY I AUTOMATED REQUEST 08:20:43 22 MAR¡2000 238 (EL) ELECTRIC ROU 2 VOX 04/04/00 91 PARTiAL, APPROVED BLD19 04/04/00 COMMENTS: SALLYPORT ONLY. ¡ AUTOMATED RESULT 12:51:22 04 APR ~OOO I Page 3 Insp Area 1 Insp Date BLD18 03/07/00 BLD19 03/08/00 BLD23 03/23/00 238 (EL) ELECTRIC ROU 2 VOX 04/26/00 90 APPR~VED BLD19 04/26/00 COMMENTS: AUTOMATED RESULT 14:02:42 26 APR 1000 351 (ME) MECHANICAL R 2 VOX 04/26/00 82 DIS~VD/REINSP FE BLD19 04/26/00 COMMENTS: DUCT WRAP & JOINT SEALING NOT COMp· E'Ì'E. AUTOMATED REQUEST 13: 32: 22 25APR -2000 ,/ ~ """'" ßOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DIRECTOR Roy Wozny. P.E. September 1, 2000 Adnan K. Alghita P.O. Box 517 Jensen Beach, FL. 34958 Dear Mr. Alghita: The approved permitted plans for construction of the St. Lucie County CorreCtion Facility addition provided for an insulate~ roof structure. When you asked the St. Lucie County Building Inspection D~vision to approve the roof structure, you indicated that insulation had been plaþed as required. We did not accept your representation and asked that an engine4r certify insulation had been placed on the roof as specified in the plans. On A~9Ust 8, 2000, Jack Scott, President of Stebbins, Scott and Bergman Architect sent a letter (attached) in which he stated that creditable evidence had been rovided that the roof deck was properly installed. · .-:.+ i I This was rejected and. I sent you a letter on August 8, 2000 (copy attached) suggesting alternatives to obtaining a Ce ificate of Occupancy. You responded by core drilling the roof structure. The results of the core drilling were provided in a letter (copy attached) dated Augu t 30, 2000 from Mr. Scott indicating .that insulation was not installed as requir d by the plans, resulting in an. actualR-Value of 5.6 instead of the planned 16" . I I ! j,:;';':.;:. In Mr. Scott's letter of August 30, 2000, he ~ndicates that Roger Shinn, Interim Central Service Director, approved a reco~menpation to increase the roof envelope of the booking area by adding batfs of insulation above the suspended ceiling. Installation of batts above the s*pended ceiling, will make it more difficult to service mechanical components, land will require insulation replacement when roof leaks occur. Batt installation I is therefore not approved. I I I :. - -', c.,·:c: "0 , . oC·.iG cowArD. Ois,.,c: "0 2 . "AULA A. c'WIS. Di\r"C NO. :) . mAN~IE HUTCHINSON. Oioe'icr Nc. , . CLIff Q.,RNES )"rncr 1,,, 5 Counry Admi,:'lisrrûror . DOUQI-:1S M. AnGer:son I 2300 Virginia Avenue . Fr. Pierce. FL Jf'1-982 Public Worl~s: (561) 462-1485 . FAX (561) ~62-2J62 ; C'9lfleenr.g (561) 462-1707 Fox 462-2362 . DivlslO:l of fì::>8d (, bridge: (561) 462-2511 F¡c.X .:16':'2J(;J Division of Solid Wos;e: (561) 462-: 7613 FAX 462-6987 DI\li~iù(~ of DuddIng & Inspecrions Sò1 \ ·:!o2-155J ::'0Y. 462-17.Jb . TDD (5ó1) .'-;6~' 1.~')(: ' i ~ '-' The problems noted above were caused by yoµr failure to request a rough inspection_ I suggest removal and replacement of ~he improperly installed roof structure. I i Please call me at (561) 462-1485 if you hav~ any question~. Sincerely, //~' /j ..r~. [,0"~; Ray and L ry- RLw}Jm ¡. cc: BOCC St. Lucie County Administrator Jack Scott, President Stebbins, Scott, Bergman Arch,tects Roger Shinn, Interim Central Services Director Charles Bicht, Purchasing Director -C-l \.,... ...." l\t1 ì ~ " ~ ~ ~g'g~"i ;. . lJ .J BERGMAN ARCHITECTS. P.A. . #MC001468 August 30, 2000 Roger Shinn St. Lucie County Central Services 3071 Oleander Avenue Fort Pierce, FL 34982 RE: St. Lucie County Correctional Facility Addition Dear Roger: The new roof deck installed over the Booking area has a m~urn thickness of 3", ± and a maximum thickness of 4 ~", ±. . There is 1" of insulation inçluded in parts of the thi<:ker portion but its extent is unknown and adds little insulation value. I ! . The deck, as installed, has an R-value of 5.6. The contract d<><iments called for an R" . 'Q of 16.7. The ductwork does have an R-value of 6.0; therefore additional bulation may be installed on top of the lay-in ceiling (see memo from Sims, Wilkerson EnQineering and air conditioning submittals reviewed by S. WE, attached.) . -:: l - Based on the above, I recommend that the contractor be 4ii-ected to install 2'x4' R-11 insulation batts on top of each ceiling panel in the newly constr1ucted portion of the Booking area. Please advise me as to how to proceed. Sincerely, STEBBINS, SCOTT & BERGMAN, ARCHITECTS, P A J¡¿Jt.. H. .S=.r-- Jack H. Scott President JHS:ab cc: St, LUCÎe County Building Department Adnan AIghita, Adnan Investment & Development, Inc. Brian Hessinger, Sims Wilkerson Engineering 2 ¡ 0 ì Sunrise Boulevard· Fort Pierce. Fl 34950 . PHONE (56 J) 464-3122 . FAX (561) 464-5068 '-' Sims ,Wilkerson Engineering, Inc. MEMORANDUM ..., July 21, 2000 To: Jack Scan Stehbins. Scott & Bergman Brian S. Hessinger. P.E. r Rock Road Booking SWE #93003 - From: Project: Subject: Roof Insulation It has come to our attention that the contractor did not instal! th. e ~pecifieå amount (If inSUI. aticm on the roof deck, A core plug taken near the roof drain was app oximatc1y 3 inches thick and one taken near the perimeter of the roof was appro~m:Rtcly 4.5 ches. There was almost no instùation in the shorter plug and vcry little in the taller plug, I It appears that the roof deck as installed will cause the new additii. n to fail the State of Florida Energy Efficiency Code, The code states that a "roof or ceiling w eh functions as the building's thermal envelope shall be insulated to a R-value of at least R-IO", If ¡osutation were to be installed on top of the lay-in ceiJing tit would be necessary to increase the R-value of the ductwork insulation to a minimum of 6 If the insulation is instaJled ligbtlo the unùerside of the roof deck then the ductwork insulaticlll 'II not require modification, I I END OF MEMORANDUM -l L%' ll~·~ .""'" ..... . '"''' A·' . """" "'... "..,,, ",,,. "." "'"~,;;;-¡"" ~'m' I i I I I I I I I I r I I I I I I I i I ! \.".- 'WtII Hi Tech CooIiI1g, Inc. I I I I , I I Date: August 24, 1!)99 Contractor: Adnan Investments Project: St. Lucie County Correctional Institute Engineer: Sims Wilkerson Engineering, Inc. Insulation Submittal.. RECEIVED 5EP 2 0 1999 f?C¥v'\ -, ",¡m" 'MJk9l'!lon I 7()~ En .Inc. . Tech C~oIin" Inc. SHOP DRAWING REVIEW ..#J... I i 0 NQ EXCEPTIONS 0 REVISE AND I! TAK!:N RESUBMIT ¡ I ;' NOTE MARKINGS . 0 REJECTED I ; :=;::::":;"r'~ rt'viow is ror I)""lEtraf con·C''''Dn~... v:i:h :~.,~ ¡ II .17':"». :t; :::'1"'C~~i ~n~ c.(.;"'~t¿,~t d~·;Jfq-;n~3. Hai'J.;.ir~J <;r ¡: . : _~.:r';'~')'~!3 ;.t..;., !u:: t-r ~Cf<Z;t"t;..a ¡os (of;el'hç tt\9 ; ! t '.. . I i. c....;) ~ir~ct'~.!' 1:1:'01 ~·j.-:.1~:í.a·1r,Cr wH:t .itJ3 ¡: rnJecc plaos ar.., ; ¡ I ::;:;'::J~:~lc~!·cn::. nor Q:::':\:lt:'¡l~e$ ~t't1:l:raf!,,:.;Jh. ¡. t f"~ ë.jI11;a~t'.( r~rr.al~s !"espor:::;iLJe fOr C~!,:];tc; anè It!. I i :.1::C.l:¡&C~/. c.;.:rrpoH¡¡ncG 'NÎ[h the Com¡¡:r.t ~O~'Jmeut~ I ¡ '~f1.1 h'e,,:. f,): cc.r..fir;;¡ir,~ ¡;ond c;orfC¡ling a!l Q:;;1"~¡t;¿J I I j an·:; c:marnk~n$. tc: :::~f9C'!:r.~ appiCPrJcJte fatnc&t,on ! I· ::::·r:=Ii::S~S, fC.l( !'3Cl~n;~t:a3 (j~ aS5er,;br¡ ~!'1a for , I ·...e:/....rma:¡;,¡; cf WOif( iil a $are ruaOi.or. I ¡ I r ,. - I Iii SIrt.S WILK:::: SON ENG., !NC I I I , .! ¡ f:3v'.."ed oy: I ! Ii ;;~,'3: - ! ¡ Ln 1. f.?-- Provide a minimum of Type 100 2" normal thickness with an installed R-value = 6. Insulation joints to be secured with mastic plus embedded fabric1'er Specification Section 15290, Paragraph 2.2.B.3. 2. / J -<~ j, ¡ / " \..- II· Submittal Sheet Type 075 0100 0150 Thickness 01.5" Or 01.5" OZ" 0,.5" OZ" 02.2" 03" Uses Owens COrDing .AJJ-S~rvice faced duct wrap insulation is used to insulate commercial and resiéenrial heating. air conditioning and dual-temperature duc;.s oper?ùng at temperarures from 4O"F to 250°F. This insulation. when applied in accordance with Owens Coming-'s installation instructions. will provide the ~Installed R-Value" 3S published for the product and printed on the facing. thus assuring specified in-place the=a1 ¡Jerrormance. Description .AJJ-Service faced duct v.'1":lp insulation consis;.s of a blanket of glass fibers factory-laminated to a reinforced foiJ/ kraft (FRK) vapor barrier facing. A 2" sœpling and raping flange is provided on one edge. This product is designed to meet existing ~rfonnance standards as published bv Ì'iFP A 90A and other mode:! building and energy codes. Facings ~r2J1i.lfa.ctur:rs of filCiüg materials U$ed in Owens Corning AII-Suvice duct v.'1":lp ~e required ¡O c:::;:ify that ¡heir products meet the physical prop:::;:y requirements of Fedei.l! Specification HH-B-IOOB. B.J.rrier ?vlater1aL Vapor (for Pipe. Duct and Equipmem InsuIatiol'l). Type II. when the surface bur.:ing ch~ac¡eristics are deter.nind in ac::crdance with A5T?vf E 84. . Test resdts co verify this con- -orm~:1c~ :tr~ fur:-:is:t~¿ to Owr:ns Coming"by ¡he r.¡anuf;¡c:¡,:r::r of the f~cing m.:lte;::lJ. ~ The installed R- Value is based op insralJation of product over sea1edlshe~i: m~tal ductwork with the averag~ installed thickness at 75% of no . al thickness and thermal conductÎvi (k) at the installed compressed density. I Type 75 I Nominal In:nalled Out-Of-patkage Thickness R-Value R-Value' I r- 1.5" 4.2 5.6 6.0 8.3 2- 2.2"' 3- ¡ I f-- I I Out-of-Pac~ge R-Value I I I I I I I I I Out-of-pactage R-Value I 6.0 I 8.0' I I , , I I 5.0 6.7 7.4 10.0 Type 100 Nominal Installed Thickness R-Value (S1.5" 4..5 2- ,- 6.0 ) ---' Type 150 Nominal Installed Thickness R-Value 1.5- 2" 4.8' 6.4 Physical Properties 5.6 7.4 :-.~:.. :·'".t;:;.~~ ·.~1'ION . ':~. :,,",;. '~ '<>~:.~..:~~,.~ i'> "_:'....~~:;[~<~~;:.:. ~...~~:. All-SerVice Faced Duct \Vrap Insulation Availability Product Thickness '.5" 2" 2.2" 3- Type 75* Type 100" Type 150* Sændard Roll Width 48- .. Tvce nurnè~:s C:JrT'eScond co .i10miö4:1J dc.."'1Sjci~ of 0.75: 1.0 and 1.5 ib/cu:ft., ' Property est Method Opcr?tÏng temperarure limit 5Th£ C 411 Vapor penncability .f.,ST:VI E :~_ ,Moisture absoq)!ion +STh£ C :D: Mold or fun!roS ~owth -4-5Th! C 665 Th~=1 conducevl["! (k) .4-.sT::vr C ,') ! S at 75~F (24°C) me:ll1 temcerarure. I . I Bru " inlhr . ft: . of I Surrac: burning charactcristics iSTM E ~* . Specifica1:ion 250cF(l21'C) a.o::! perms ma.-.:¡mum <: 3% a.t I:!O°F. 90C::C R.H. WiU not Sl.:ppor: or promotc Typ~ 75 Type 100 Typt: 150 0.30 0.27 0.25 Fì=~ Spre:lé: 25' Smok: developed: 50 . The suri'x= burning char:r.c:erisdcs of this pr Cue: h:r.vc: Oc:~:J c~:=::':'I.inc:::1 :n :1c:;orcb.nc::: \&oit..~ :':L 7:3. This sttnd:1rd should Oe used to mc:zure ~d dc:so-ibc Ehe proçen:i~ \Jf ~("::-::11:i:. produc:s or ~~mbtic:s in response to her :1nd fbme undF: concroUc::d .J,bo~or:"· conéitions :md $hould not ::c: us~::: [0 de~~ribc: or ;1?pr:1isc me fire haz~ or ftte ¡risk of m:1tr:r:~¡s~ proeu.c:-..s _ or ~sC::TlbEic:::s unCCi :'':::'::11 ."'1:: condlUOn!. How-c:vc:". results of thIS teSt m3y1 be us<:d .JS ::C'mC::1lS or :a ~I:!' ':sk J.ss<:ss;:-:,:~: ·.\,;~:c.' c...~::::s into .xCQunt :111 of the f:::lC..-:O~ whic~ :m: p~:tir.ent to :m :us~ss:¡:<;u .::Jr' :t;: ii;~ h':::l:-..j ~{.: :.::-::cuJ.:1: c:¡,~ I.:s.c:. V:::¡,h.:c:s J.ft :"C?Ot"t~: (0 th<, nc:.:Lf:s: fivc: :":l~il1,g. . ·~-. -- \ ; r ....,, ,OARD OF COUNTY COMMISSIONERS PUBLIC WORKS DIRECTOR [\oy Wozny. P.E, August 8, 2000 Mr. Adnan K. Alghita . P. O. Box 517 Jensen Beach, FL 34958 Dear Mr. Alghita: You recently requested.'firial inspections for your Building Pennit #~9090341 at 900 Rock Road. . In reviewíng the permit files we have determined that Rough Plumbtg (420), Plumbing Top Out (423), Insulation (141), and Construction Framing (140) inspection were not conducted. .A3 a result, the County cannot approve final inspections because of your ,failure to request and obtain inspections of the required "rough in" phases of construction. . I suggest the follomng alternatives in completing your cons1:ruc4on. First, you can expose plumbing, insulation and fio.ming for inspection by the County. 4Iternative1y, you can have a Florida . Registered Professional Engineer certify that the rou~ plumbing, insulation., and . construction fi'aming meet the requirements of the 1997 Standard B~lding Code, ! - It is extremely rare that a General Contractor would request a final-c~ection mthout first having a rough inspection approved. Would you please let me know how 1$s happened. Please call me at (561) 462-1485 if you have any questions_ Sincerely, d~~) . ~nd L. yç .E. ~cWorks re r cc: St. Luci~ County Administrator St. LucÎ< County Attorney . Sl Luci~ County Purchasing Manager Sl Luci~ County Building and Zoning Manager St. Luci~ County Centnl Services Manager )HN O. GRUHN. O""io No.1' DOuG COWARD. Di,,,i,, No.2' PAULA A, LE\\!'S Oisrricr No.;¡ . FRANNIE J!iUTCHIN~ON. Oi,,,io No. <I - CLiFF GAf\NE~. Oi",;O 1'10. S County Admînisrro;c' . Oouglos M. Ander:,on' i 2JOO Virginia Avenue . Fr. Pierce. FL J4~82 Public Works: (561) 462-1485 . FAX (561) 4~2-2J62 Division of Engineering: (561) 462-1707 Fox 462-2362 . Division of Rood & Oriþge: (561) 462-2511 FAX 462-2363 Division of Solid 'WasTe: (561) 462-1768 FAX 4616987 Division of Ouilding & inspecrions: (561) 462-1553 Fox 462-1735 !. TDD (561) 462-1428 .' i / \... 'WI r~\4 þ ~ STEB~INS, 1 SCOTT & J .... BERGMAN ARCHITECTS. P.A. . #AACOO1468 August 8, 2000 Roger Shinn St. Lucie County, Central Services 2300 VIrginia Avenue Ft. Pierce, Aorida 34950 RE: St. Lucie County JaB Addition & Renovation . Dear Roger, Please find attached a letter and warTanty, both dated August 7, 2000, from Airl*e Decks, Inc. I These two documents provide credible evidence that the roof deck was pro~ installed. I Airlite has been in business, under the same family ownership, since 1955 and dnjoys a superb reputation. SincereJy, STEBBINS, SCOlT & BERGMAN, ARCHITECffi, P.A Ja.tÍ. b{-. S~~ Jack H. Scott President JHS;bja cc: Adnan Investment & Development, Inc. St. Lucie County Building Department Åirlite Decks, Ine. 2101 Sunrise Boulevard. Fortrierce. FL 34950 . PHONE (561),464-3122 . FAX (561) L1ó4-50ó8 '-' "-" .,.. , ). .' 1.~~EBBINS. .'. . SCOTT & . jJ¡.... BERGMAN ARCHITECTS. P.A. . #AAC001468 August30,2000 Adnan K. Alghita PO Box 517 Jensen Beach, R. 34958 RE: St Lucie County Correctional Facility Addition Dear Adnan: On the afternoon of August 30, 2000, Roger Shinn approved m~ recommendation of the same date as to the method to increase the R-value of the new roof e~lope. If this method is satisfactory, please submit one (1) 2' x 4' R-~ 1 insulation batt for approval prior to starting work. Sincerely, SlEBBINS, SCOTT & BERGMAN, ARCHITECTS, P A J uL tt. s;: C-ø or- - . Jack H. Scott President JHS:ab cc: Roger Shinn, St. Lucie County Central Services St Lucie County Building Department ./ Brian Hessinger, Sims Wilkerson Engineering End: Letter dated 8/30/00 to Roger Shinn with attachments 2101 Sunrise Boulevard· Fort Pierce. FL 34950 . PHONE (56 ) 464-3122 0 FAX (561) 464-5068 ÞvvL - /17 ~ ~ () ft-..-rv..- A.1.. ~ ~~, 7 ~EP-~4-0Ø 02:'6 p~ ADNAN I NV AND DEV 1 NC ,5'" 12293538 \... "'" - ACNAH IHVE~!NT & C~ã.HT, INC. CÞft"C1I <J--. eo.."",-,,- . cø ~ð..~ p,O. BOil ð 7 , JIU·,rH BtAC.... 1'l3..aða ! TtL.. (eO ) ZZ~&~57 I"AX (ISo I i!~Q-.3!!1Jð t·...4JL.: aål1lnta10HolrnaJl.oortI i ! I , A41_ K. ""-""itA ",,&~- , I ~ S, 2000 Mr. Roser Shinn St Lucie COUIIty Centrl1 StfYic81 3071 Oleander Ave Ft Pierct, PL 3498Z Re; St. Lucie County Correctional C'nler Dear Mr. Shinn. ÅJ per r.qutat afMt. Ray WIZII)' (St. Lucie County BU!ldia¡~II'Un'DC) for othtll' DpÞOQI available, rlgll'ding Mr. Jack Soottt. requea to add ditional inl1l1aâon 2'X4' R·II ÌDIUlItion Baltl On top of each CetUn, pine) iD the new CODatructed ~ ortbe òookú!f area. 1brolllh reM:lrl;h of this iuue With ICYCI'aJ roo III Ii insulation CDntrllCtOB (lilt attaehod) the following opCiOM are lVIiIaIIle: J) Adding Iblm ùuulatioD 011 top oC thti DIW roof q 2) . SP!'Iy!D, tile tbam JDsuJltloA a¡a.iZllt tll. metII inside the buiJdtnl ÍII the atüc. 3) AttadIin¡ die R·t t Blttl d1recUy.,aln.t the oct mew in the attic. 4) Addin81be lI.-ll Battl 2'X4' aesmontl on to~ oft ICOUIÙc: cellina. Wo have dj3ÇUlaed aUrbae Option. with the roo&ø and iniul -'on contraDton Oilt attacbed} II1II they III .. with die fÞUowm, fiotJ: A) Addin¡ roam iDtulltion DrI top of "istin¡ roofwiB Id the pruent ~ of our MIW roofbut the foam DOIIlrlctor ¡, willing lJaJe another lilllie:.d wlITInIy. Tho ra.m c:ontradQr Itron¡ly recollllDtn . tpÙII11hia option IDd recommends option 4. ICcepm,ln mind that tIuJre NY...I roWI of wires llid on top of' pteIC4t roof for the li¡btnina preveuti D ayRem. B) Tbèy aU a¡ne thai tprl)'in¡ roam Iia1nst the meq eck wiU cauJe rull problem. tor all the IDItIb ¡n the attic and tb.y rcco mend apÏDJt thit aptioa. i C) Theyall a¡ree that IttIClW2a Jl·l1 Batta il pellible r is ~t the beal . altemativt *U.otthe jJltertìruce ottheaireo . '011 cb;t.~steaJ. D) They a1J l'ICDmnlltad that 2X4 Blttl H.-II 5ra proof 0 be placed on lop of 2X4 ~ plnttl il the best oplÍoa and Lted lmWation Co. ItrOftJIy recommends thll optioft becau.. tbey plefer tbe Air ElIve)ope aad the iuuWloa to be beto,., the deck. P.e2 . \..,.. Plcae ltUdy &U the ÞIIiJabJe options. We wI!J be Iwlitin¡: ~ reply.- Sinoe:ely, ~/¿:~ Adlllll X. AI¡bíta PreádeJtt cç; Mr. lWy W&zn)' Mr.laclt S~ Mr. Brian Rellln¡cr SIft\J WUbrIoQ iqin.... Lilli oflAadation aDd 1lca1J. qOlmactcr. I I ¡ , ! W-.d1cr..e1 Ino. kooSIII COntradar.SIU4e Dev.ac 561-466-9777 Lccd fire ~ ~ INuJatiOft Contraotorl Bob Tina' 561~060I 1~ 1WInert EntS'priMI lac. Pounlaaulatioa. Coalrlc1or Rod MoniJOn . 561-23<406900 .- """" ~ BOARD OF COUNTY COMMISSIONERS September 7, 2000 Mr. Adnan K. Alghita P.O. Box 517 Jensen Beach, FL. 34958 Dear Mr. Alghita: ..." PUBLIC WORKS DIRECTOR Ray Wozny. P. E. Thank you for your letter of September 6, 20~0, concerning installation of batt insulation St. Lucie County Jail Addition. I As I indicated to you in my letter of Septem~er 1, 2000, installing batts is not an acceptable alternative. Thère is no pr~vision for the progressive damage which occur if a water soaked insulation I batt should fall onto the suspended ceiling system. This could cause damage to the ceiling and personal injury in the booking area. , --:- - ~. Please call me at (561) 462-1485 if you have iany questions. Sincerely, R~d ~):w RLW/sm cc: St. Lucie County Administrator Jack Scott, President of Stebbins, Scott, Bergman Ar~hitects Roger Shinn, Interim Central Services Director i. , }OHi~ L) Df\UHN DISfric: NCi ~ . =- :=::)G CDWARD. DisrrÎC: No. '2 . PAULA A. LEWIS Disrncr No. ,J .. FRANN~E HUTCHINSON Jimicr No.4. CUFF !)ARNE5. D¡5~~i,r NO.5 Counry Adminisrroror . Douglas M. Andersof'1 2JOO Virginia Avenue . Fr. Pierce, FL J~982 Public Warl,s (561) 462-1485 . FAX (561) ~62-2Jó2 D,v,sion of En9íne·~"-,' 561) 462,170,? Fox 462-2J62 . Division of Rood & $ndge: (561' -"62-2511 FAX 462.2J6J Division of Solid Wasre: (561) 462-1766 FAX 4q,2-6967 D,. '.' ::J: Guddi"g & InspeClions (561) 462-155J Fox 462-'7J$ . TOD (561 462-'142& .-..~. .,.,.. .... ~ . . .~... I' \..- 'WI /" IFAX COVER SHEET Ad~nmvH&nent'OI~/~m~~m~ P.O. BOX 517 Jensen SðSçh, F.L 34958 CGC 056992 Phofls 561-229-8557 fax 561-229-3538 .. Ph~ number .51.:1 \- o IJrgent DR~ASAP o PIau. CO/l1l1M/7t o PI".' ~"ltvI i o For your Info,."".tJon Totltl plt'JltS, including e:¡~r: :3 COMMENTS . ................................................................................. ...........................11...................·....·..· .....................................................-.-........................_.....................~. . ..................................:::.:+.......................................................-.-...-............. 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I ...................................................................... .............................. .. .................................._........ ··1........·..·..·....·....·....·....···..·..·....·..·........· .................. I .........................................................................................................................................................!................................................... .......................... ¡ . ...........................,.........,.................................._........_..........................................................................10....·.········-······..·.."......,....................,.....,......... I ...._._.__...._..................... .......,.............................._....................... .... ............. . ....................................10..........--................ ...........,........._.....n..............·......· , ................... ..,.................-..'.. . ... ...............................--......-....... ...,...............................................~..................................--... i.......................... ..... ........................................................................ ..~.................... ...................... ....ï....·......· I ..-............................-" .......................-..........,..... .................. SED .. ::; '-" '-' ADNAN INVESTMENT õ. DEVELOPMI;:NT, INC. CDm"'~ OEHDlAL COHT'RACTOI!' co COðþ"Ø2 P.O. Box :5 17 "'e:N~~ 6£ACH. FI.. 34950 : TEL... I!SO') 22Q-6:557 FAX (50 II 22~'353e E-MAIL..:adnan1010Hotmall.ComIÀ i AÞNAN X. At.OHIT.. PR£~ICCNT September 06, 2000 Mr. Ray Wamy, P.E. S1. Lucie County Engineering Department 2300 Virginja Ave. Ft. Pierce, FL 34982 Re: St. Lucie County Jail Addition & Renovation Dear Mr. Waxny. Attached is the letter which we received trom Airfue Decks, Inc. 'Þie would be guaranteeing the watTBnty with Airate Decks. Inc., jointly and separately. I I If this is acceptable to you. p1ease let us know so that we will ask ~e acoustic ceiling contractor to remove all the grid system and re-install the acoustic: çeiling aft~r the work is completed. Sincerely, ~%'~ .CO¡. Adnan K. Alghita President AKA: wss Ene: tetter from Airlite Corp. cc: Jack Scott Roger Slúnn as; 8&/2566 561778645& .::IIRLITE CORP PAGE 14:\.,. ...." " AirJite Decks, Inc~ 3110S 6Slh &treet ' "ero Beach, rlonda 3296 ~ ., 861/162-3518 tllX I: 778/1480 septemcer 6, 2000 Mr. Adnan Algnlta Adnan Investment & Developmen~ Inc. P.O. BOX 517 Jensen BeaCh. F! 34958 RE: St Lucie county Jail AOdltton & Renovation Dear Mr. Alghita: In an effort to resorve thIs issue we DrODose th tun-faced fiberglas R-11 InsulatIon batts be fastened to the underside Of the metal deck using screws and dlsleS as recommended by the inSulation nstaller. The screws . will be Of SUfficient length to proVIde a secure attac ment, but not so long that they could possible Duncture the rooflng embrane. we will warrantY that for 10 years the batts WltDerfOrm 3$ Intended. and should they become csamaged Clue to a roof lei -; or fail to remaIn secured to the undersIde Of the decl< durIng normal ear and tear, we will repair or replace them as reqUh'éd. SlncerelV, ¡¡~ PresIdent Ims 111/61 '-' ...; ßOARD OF COUNTY COMMISSIONERS PUßLlC WORKS DIRECTOR Roy Wozny, P.E. October 12, 2000 Adnan K. Alghita P.O. Box 517 Jensen Beach, FL. 34958 Dear Mr. Alghita: Thank you. for your letter of October 5, 2000 Our recommendation to the Purchasing Director is to award no future contro¢ts to Adnan Investment & Development, Inc. This recommendation is made based ~pon the Engineering Division's experience with your performance in the culvert replac4ment project and the Building Inspection Division's experience with your perform9nce in the jail addition and renovation project. .-::--1. Sincerely, ~!~. Í/V<frl~ / R azn RLW/ m CC: BOCC Douglas M. Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Dan McIntyre, County Attorney Charles Bicht. Purchasing Director , JOHN D. [!:-.U~N DiSHICi NO.1· DOUG CO\ì/ARD. Disrrier NO.2· PAULA Ä. lE')'/JS. DisrilC! No..J . FRAN!NIE HUTC~:~~50N. Disrrier No. 0:1 . CLIFF DARNES. DisrriC'T No 5 Counry Adminisrrarcf - DouOlos M. A."defsoni 2300 Virginia Avenue . F-r. Pierce, FL ~4982 Public Worl~s (561) 462-1485 . FAX (561)1462-2362 i, _ D"/;$IOn .of Eng;neel!:,g: <561) 462·1707 Fox 462-2J62 . Dlvisian .of Raad ~ Or¡dgE' . :;61) 462-2511 FAX 462-2J6::' Divlslan .of Salid Wasre (501) dó2-176ó FAX 462-6987 D,vIS,on at Dudding & Inspections: (561) 462-155J Fox 461-1 7fS . TDD 561) 46'2-1428 ,t '-' ....I FAX COVER SHEET Adnan Invostment & Development, Inc. P.O. BOX 517 Jef7s~n Buch, FL 34958 eGO 056992 Phone Sð1~229-8557 Fsx 561-229-3538 Fnm~ ' Dete - ~ __._l.oJ ~ . b 0 , i RE: FIlX nUlllber 4u,~ ~~Lo'}-.. Pholl<' nUl7lMi ¡. cQd-Cf _I~SS 7 ---. 1- ! o Urgent o Reply ASAP o PlfIiIle comment o Ploa~/t revIew ~r your infonnstlon . ToIel pages. ínc:Juding cover. ~ COMMENTS ;~~-:·i;."1\·,,·· '. . -- ..........!....................... ......-............................................,........ ............................. ........................................-...... ........................................ .........................,....... .........,...............,.......... .......................................................................,.............!...........,....................'...... .. ......................___...n............ .............................-..............-... ............................................. .......-+............-............................!.........,...:... ...............,..'................................................ ........... ..............................,...... .. .......... ............"................ ..... .... .....--'...--...¡..-..."................ ........,...... ............,............................. . .,..,...............................,. .......................... ..... ......·..···r·..···..···..···.. ...-. .... ........ ............... ............."............. .....n.'....'....·...· .................... ........................ , . ......."............................................................. ............................................................-..-. .......,.......................,...,.... .n..............·.....·........·........·..·....... ... ··..··....··1..·..· ....................... ._...........h ...........,........... ....................,........................,...........,..............,.........................--. . ..... ............ .-... ...-..--...... ................ ..,.. . .. ....... ........,.........."............ ...,............. .. ..........-...¡................................... ....-......-........................ .... ..- . -.......,.......... ........".......-.... . ...........,............................. .......-.....+........,.........-...... ..-..............................'''...........,. .............................."...........,.........................,..............-.......... ................!..... .............,...................-........... .............. .... ...,...".... ............................. .............".............. ..-.............--. .............................-... ............. .... .... .u. ......."................................................. ................... .. ................1.......... ....... .....- ............. ..........-...-......... .........,."........ .......................................... .......".....,..................,,,............... ..,..........."... .. ..............1·.........··...... ......................".......,........ ..............,...... ......................... ......,.........."..................... .............,................,................ , .................'')...................'.....'........................ .n...n.......·...............··· .........,............. ........,.............. .-.........,.......,..... .n·t···..·....·..···..· ..........,......... .-...............".,... ....................... .......,...........................,............................. .-............,..........,............ ..--..-......"................,...".............. .................. ..n...............·.. .....,......,..........."......"...,....-.. ..·1···..·.... .... .................................. ........ .................. ......"......".......... ....................,...........'.............................., .- ....+......."....... , ............c...........···..···....··..··· ...............,...........-....,..... .............-..... .................................................--. ........ ..,."...."........,.....".. .n. ...... ........................................ ... ........,..... ..... .--...........,...'''....................-................................. ... ..,.,............¡................. .,..............,..................,...,.......... ........................................... .....................,................................... .....,............t"...... ................................................................ OGT-5 ·r ~ ~ AONAN INVESTMENT õ.. DEVELOPM E"fr. INC. C~'II!Ø G£"I:IW. COIm'.,t.C1'OA . CG COðe~þ.2 P.O. Box ð 17 Jr:H:5!;M BEACH. Fl. 34958 I T£~. (50 II 229·e557 F.x (!SO I) 2 Zg'4353S E·MAIL.: adnan 1 01 0 Hotmail.com À AD".... 1<. A!.OHrr.. PAI:3ID£NT October 05, 2000 Mr.R.ayWazny St. Lucie COunty Florida 2300 Virginia Ave. Ft. Pierce, FL 34982 Re: Your Memorandum Dated September 28, 2000 Dear Mr. Wazny. Your memorandum dated September 28, 2000 was brought to Ollræ- tion yesterday. We are very disappointed by the recommendations you made to the pure director. The incidents you sited were clearly misrepresented by not telling the complete 18 of each incident. Our firm has done six projects in the past two years for St. Lucie County. Alllthesc projects were built to the highest quality 4C¢Ordins to pWls and specifications and we did lot have to go bade to fix any deficiencies in them at all. 'I"œy are as foRows; I 1) Glades Cut.OffRoad StonnwaterImprovement Project ~779) completed April, 1999. 2) Hurricane Protective WaDs (9941) completed June, 1999f . 3) Island Barriers (9927) compteted March. 1999. .~ I . 4} Insta1Iation of2 Park Pavilions (9938) completed June, Ip99. 5) ADA Bathroom Facilities (990S7)@ I . Oleander Park, McCorkle Field, and Savannah CampgroOnd completed Merch, 2000. 6) St. Lucie County Correctional Facility (99058) complet9I September, 2000. Glades Cut-Off Road SlOnnwater ImproVe:men. 1 P",jeçt was~ s:hodukd !òr iœœIIø!io. offourteen culverts, but due to budget problems only thirteen were proved for instaUation. The origina] contract and documents indicated all fourteen. We rep the one that was omined fiom the scope of work, in error. We absorbed the $11,000.00 costl associated with the installation of the additional culvert, SO therefore St. Lucie County ~ained fÌ'om this error. I The problems with the rough inspections at the St Lucie CoW!ty J Addition and Renovation Projett could have been avoided if your project manager bad been placed when we tried to replace him. Approximately four months ago we let the project ger, Brian Ben, go because we felt his work was not up to the standards we have set for this co oration. Upon the request of Roger Shinn. acting Director of the Public Works Department 0 1St. Luclc County, we reinstated Mr. BeD against our better judgment. Even considering tþe error with the inspections, '-" .....J we still completed the project by the September 28, 2000 completi9n date, to the satisfaction of the engineers, inspectors. and architects involved. .. It is our opinion that not considering us for future contracts would pc a grave error OD Ø1e part of S1. Lucie County, BS we insist on doing quality work on all the proj~t!l we are awarded. As is evident in the projects we have completed in the past thirty years. Sincerely, ~/r.~· Adnan K. Alghita President cc: County Administrator County Attorney County Purchasing Director Public Works Department Parks &: Lcisure Services Engineering Department All County Commissioners Jack Scott, Stebbins. Scott & Berman Architects St. Lucie News Stuart News .. , . . ~Êrlt By: ;:SL N.ËWS j r·· " . . ~ ¡¡S1:335:1gg3¡ ~ Oci.4-0a 4:17PM¡ ...-~ ""'" MEMORANDUM c PU.8LIC WORKS DEPARTMENT TO: Cbarlie Blebl, Purthasm¡ Director lIROM, Ray Woz.,. Pwbllt W...... Director þv- /ði SUBJECT: Ad... K. AIpIta 0 ~I ,0. p' ~ DATE: September 28, ~OOO " . J ' l ':Æ J . I ...............*******..******.....***.....***.**................. In the tut year lb. Pub1i; Ylorka Dcp~~ baa ~~ two ~~~~ ~. cantractin¡ with Adnm Invcacment md Devè10pmeDt Inc. (AIDI). Lut)'elf AmI ~. culven in the WIW'f 1N'!.nQlÚICCI attached ...4Ø'CI~C'1ÇC) on the GIadoI CutcffRoad StormwBtcr tmprovemat Project. 1'bit ~we had a problem ~..- AlDI~ rnqþtètrcmdredMI'r~OQ,utthcšt1.ucicCoUD ailAddltiOft ~~~:- Both otthese prob1 were lip TheBei prc;I ú&ed spcad. iubatantial amountof'tima resolvinl ~I Based on the experiences noted above. we recommeftd that the County cODSide:r DOt awarding future contracts to AIDI. . . Please call me at 462-1485 i'you have 11ft)' question¡. ILW/IIn cc: ¡;~ry AUImtt)' ".. aLl.IICI. Coun\y AcImIø~!1)' ï . : . -"... _.. j . . Ii. ~ ;.: H -~ -¡"-f~-r : . "-I~~'''! S~ 2 '. r; r;P 9 ~~ . . "''' . . ...... . . ~ ----.,. . ......--. ...- , \w- ..¡ Or-^;:,p1r-n t ... l:. . _, :......; ....1 1- ... MEMORANDUM 230~ tiDV 1 5 p~ 1,; 28 PROCUREtí::HT TO: Jon Gleason. Manager - Conrracl Administration II } I~ THROUGH: Tom Johns, Director - Construction Deparrme Jim Kunard, Construction Manager 8rfìL \\\\\.? \cD FROM: DATE: November 16, 2000 SUBJECT: Contract C-11472 Grassy Island Access Road Bidder Responsibility Evaluation Background: The Grassy Island Access Road project is a Lake Okeechobee Critical Project element. and consists of a paved access off of SR 441. Bids ranged from S48,900 to £96,870, and the pre-bid estimate was between $45,000 to £55.000 by the engineer. This is the Bidder Responsibility review for this construction solicitation. A. I have reviewed the bid documenrs and researched the Districr's records and have determined that the apparent low bidder, Adnan Investment & Development, Inc. is a non-responsible bidder. The contractor is non-responsible in accordance with Article 10.01 - Bidder's Responsibility, in Section 00100 "Instructions To Bidders". My investigation revealed an unsarisfactory performance history with the Disrrict: 1. District Contract C-I0420, Refurbishment of Pump Stations 127, 129 and 131. · Contractor in violation of Articles 6.01.A and 6.01.B of General Conditions of the conrract, the on-site supervision oflabor was intennittent, unskilled and. ineffective. · Work quality required inordinate inspections and excessive District involvement. · Contractor in violation of Article 6.06.B of the General Conditions of the contract, as the Contractor did not perform work equivalent to 40% of the total contract amount with contractor's forces. \ .\ , '-' ...J , 2. District Contract C-9025, Lake Russell Environmental Center Access Road. · Contractor in violation of Articles 6.01.A and 6.01.B of the General Conditions of the contract, the lack of provision of skil1ed labor caused the work to be performed inefficiently and incompetently. · Work was installed incorrectly and beyond the contract completion period. · The Contractor was assessed Liquidated Damages. · Work quality required inordinate inspections and excessive District involvement. This contract, C-11472, is comprised of the very same type o/work. 3. District contrac~ C-9051, South Loop Microwave Buildin¡: Hardening · Contractor in violation of Article 6.06.B of the General Conditions of the contract, as the Contractor did not perform work equivalent to 40% of the total COntract amount with contractor's forces. 4. Reference checks within the District. · Personnel in the Water Resources Operation and Procurement Divisions. as well as previous ConStruction Managers and inspectors unifoI11ÙY reported that the contractor was deficient in on-site supervision, was prone to poor quality, avoided responsibiJity for scope items, and was confrontational with srMf. B. I have reviewed the bid documents and researched the District's records and have determined that the second apparent low bidder. Optimum Services, Inc. is a responsible bidder. 1. We verified the contractor's license and corporate standing (attached). 2. We ca1led applicable. recent references, which reponed satisfactory work experience with this firm (attached). 3. Contractor asserts no litigation in the last 5 years. 4. Credit availability is good (attached). 5. Although the firm has been in business for three years, there is no previous worle history with the District. We therefore, recommend award to Optimum Services, Inc. If you have any questions or comments, please call me at extension 6711. Three attadunents. Copy: File B. Kacvinsky R. Hayden Ç·II472..Respoll5ibì~1)o memo.16NovOO , So~ FLORIDA WATER MANAGEMENT DISTRICT '....I 3301 G"" Club ¡(""d. W,'St Palm s"ach. Florida 33406 . (561) 686-8BOO . FL WATS 1-8oo.4J2-2045 . rOD {561) 697-2574 Mailins Add",.s: 1'.0. 60x 24680. West Palm &'ilch. FL 33416-4680 . "''''",.~f'''md.¡¡ov Memorandum To: e iam. Deputy Executive Director, Corporate Resources ~ ann, nspector General From: Date: February 26,2001 SUbject: Review of Allegations of District Contracting Impropriety by Adnan Investment & Development, Inc. IG Report No. 01-05 This review was performed in response to· a February 2, 2001 letter from Mr. Adnan K. Alghitha, President of Adnan Investment & Development, Inc. (Adnan), to the Governor and Director of the FBI alleging impropriety in the South Florida Water Management District's contracting practices. To recap Mr. Adnan al/eges that he was improperly denied four contracts despite being the lowest bidder and performing well on other contracts. Mr. Adnan asked for -a full and comprehensive investigation of these cases" and alleges "a persistent and deep rooted pattern of unlawful and maybe criminal activities aimed against us {Adnan]." Per your request the Office of Inspector General agreed to perform a review of these allegations. Accordingly, we reviewed contract files and contacted key project management and contracting officials at the District It should be noted that in August 1999 we (the Office of Inspector General) visited Adnan's office in Jensen Beach Florida and performed a preaward review of the company's financial records and determined that Adnan's financial capacity and company workforce limited his ability to perform construction work for the District. Apart from our previous audit. the records maintained by the District's Contracting Officer and Project Manager reveal a history of unsatisfactory performance, and violations of contract requirements for the projects previously awarded to Adnan. The following table summarizes the documentation found in the District's Procurement Department files regarding Adnan's work history for three of the contracts: GOVER.'IING 8olll:r> ~1"h,t('J Çpllil'~. ()",i".:ml ~líl.·h,1t.'1 O. Mim\"ln. I/ia C//f/!r/lrdll Mitchell h' Bcn:'-=f EXECUTIVE OFFICE V~ra M. Cart<r Ci.·fMt.ÍO 13. f~".md~7. Pi'lfrick J. Gt~ê1son Nk·ol.as 1. CUli~rTez. Jr Horkl<y R. T¡",,"ton T rudi K. WiHlðm~ Fr.1nk R. FÌl\(~. P.E.. £,\'..I.'llIi,'l.' {)Ú~(,øf" James E.. Blount, C/ti.:f.!fO:;t'!i[ / Re:view of A..,gations - Adnan February 26, 2001 Page 2 of5 'wi HISTORY OF DISTRICT CONTRACTS AWARDED TO ADNAN Contract No. C-9051 Project South loop Microwave Building Hardening C-10420 Refurbishment of Pump Stations Excerpts From Contract File Documents Adnan did not perform work equivalent of 40% of total contract with his own work: force. There were three subcontractors who were responsible for virtually the entire scope of work. Article 6.06B under the General Conditions of the District's construction contract requires the contractor to perform at least 40% of the total amount of work. This clause contemplates that the contractor use permanent employees on its payroll. 1 The Project Manager reported that tasks were not completed, specified materials were not used. The project was 69 days late. Adnan violated General Conditions of the contract: 1. On-site supervision of labor force was intermittent. unskilled and ineffective resulting in poor work quality that required inordinate inspections and excessive Construction Department involvement. Article 6.01 of the General Conditions of the District's construction contract requires Adnan to provide appropriate supervision and apply ·such skills and expertise as may be necessary to perform the Work" required under the contract. I The Inspector General's report, 99-22 found that through June 30, 1999 the company's records reflect that there were no payrolls. Calendar year 1997 and 1998 financial statements and corporate tax retums reflect that there were no payrolls of any kind. Mr. Alghitha indicated that up until 1999 all of the jobs were entirely subcontracted out including a number of smaller jobs with the District. For the quarter ending June 30. 1999 there were only five employees listed on the State of Florida Ouarterly payroll report to the' Department of Labor. The entire quarterly payroll listed gross wages totaling $8,800. ¡ The use of temporary or leased work force has been a perpetual issue in the District's contractual relationship with Adnan. The company was advised, in writing, in February, 2000 by the District's Office of Counsel that the District's position was that the use of leased workers does not satisfy the District's requirement that the prime contractor shall accomplish at least 40% of the work with its own work force. " Review of "'-'9ations - Adnan February 2~001 Pag'ð 3 of 5 '-' HISTORY OF DISTRICT CONTRACTS AWARDED TO ADNAN Contract Excerpts From No. Proiect Contract File Documents 2. Adnan did not perform work equivalent of 40% of total contract with his own work force.z Contractor was apparently using a company, labor Finders, Inc. to furnish construction workers. The District received a preliminary notice as the owner for a. construction lien resulting from Adnan's apparent nonpayment. At the time of our previous audit we confirmed that Adoan was usina "a temporary aQencv· for staffing jobs. C-9025 lake Russell In addition to the problems noted for Contracts Environmental Center C-9051 & C10420: Access Road 1_ The roadway was not installed in accordance with the contract documents. 2_ Contract completion was 74 days late; liquidated damages were assessed against the contractor. 3. Contractor did not certify completion of work and cerform other close out requirements. We also reviewed the contract files where Adnsn claims that he was improperly denied award of these contracts. Generally, we found that Adnan was found non-responsive. non-responsible, andlor was out bid. The following table summarizes the documentation found in the District's Procurement Department files regarding Adnan's bid history for contracts that were not awarded: DISTR.ICT CONTRACTS NOT AWARDED TO ADNAN Contract Excerpts From No. Project Contract File Documents C-11472 Grassy Island Access Adnan was found to be a nOh-responsible Road bidder due to unsatisfactory performance on previous District contracts: In addition, the Director of Risk Management rejected Adnan's Bid Bond because it didn't meet District's Standards for Responsiveness - "Bid bond not dated. ~ II Review of ~ 'legations. Adnan . ~ebruary -...., 2001 Page 4 of S ...., DISTRICT CONTRACTS NOT AWARDED TO ADNAN Contract Excerpts From No. Project Contract File Documents The contract was awarded to the second lowest bidder who was deemed responsive and responsible (second bid was 9% higher than Adnan's bid of $48,900). C-11415 Fort Pierce Substation Adnan's Bid Bond rejected by Director of Risk Improvements Management due to the Surety's low underwriting ratings. Solicitation was subsequently cancelled because bids exceeded funding. C-10414 Pump Stations 5-6, S7 Adnan was the second lowest bidder. Hardening/Renovations However, the lowest bidder was found non- responsive. Adnan received an unfavorable report from Inspector General's Office. See Audit Report # 99-22. All bids were rejected in order to combine the work under the scope of this contract with work needed for j)ump station 5-8 C-11488 Pump Station Contract was awarded to the lowest bidder who Hardening 5133 & was found to be responsive and responsible 5135 (Adnan's bid was $10,567 higher). The scope of our 'inquiry into Adnan's allegations was somewhat limited based on external time constraints required to prepare a timely response. However, the information disclosed by our inquiry suggests that there is a very low risk that the contractor's aJlegations have any merit We uncovered no evidence that would suggest or demonstrate reasonable cause to suspect that an employee of the District: 1. has violated any federal, state, or local law. rule or regulation; or 2 has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty. Further, the potential for a full-fledged investigation into Adnan's complaint to yield any such result is remote. Therefore: we have concluded our review as detailed in this memo. Please let me know if you have any questions or if you require any further assistance. I can be reached at 561-682-6220. Attachment "" Review of A~tions - Adnan February 26, 2001 . PageS of 5 ...,.; Distribution List: Frank Finch James Blount John Fumero Glen Miller Frank Mendez Naomi Duerr Zan Kugler Tom Johns James Kunard Jessica Flathman Johnathan Gleason c.s· P.O. 80x S I 7 ..JENSEN 6E:ACH. f'L. ~049Se TE:L.. (561 229-655,7 rl'U( (5e I) 2:Z9-~5~ð E-MAlI..:adnan101@Holmail.com JCEHVED FEe 0 5 200t ." .~ AoNAN INVESTMENT & DEVELOPMENT, INC. CE"TI"'l:O GCIoc:Ao\L C""m..=".. . CG CO$e~~;z ----------- ADJ'OII....#!I It, AI.O"",T" Ptttcs'ØÆ.,.r "8 -5 À 411 fO: 2, ¡,~~ F.bnouy 02, 2001 ~ fEB ã 2001 .-S;>"~ (¡ ~ ~ó'i)~ ~ Lieutenant Governor ofFlori.da, Mr. Frank Bergman Director of the FBI, Mr. Louis Frech Oltiœol ~ Citltans' Services Cfieu~ Govemo~~or ofthc: FBI; .. With fùU respect. r am writing you about our situation. I am a general contractor, sinœ 197], located in South Florida, since 1990, and have been rather disturbed by continuous problems with S-ºuth Florida Water Management District's procedures on e\'aluating and selecting coutnciors in their biddÏpJ¡: process_ £n the past two years we have been the lowc$ responsive bidder on five projects in which we were either decied the contract or the project was canceled an together. Our records with SFWMD shows that we have completed fourteen buildings and in&astructW'e projectS with quaIity second to none. Listed are the projects awarded and completed: 1) Ten nñcrowave blJilÆng~ repaired. contract # C~90S1 completed April, 1999, Contract amount: $102,904.50 2)Pump Stations 127, 129, and 131, cOntract #C-] 0420 completed January, 2000, Contract amount: $98.500.00 3) built Lake Russell Environmental Center road project, contract #C-9025 completed March. 2000, Contract amount: $97,900.00 4) Miami Field Station, col11r8Ct # C-I0433, completed March, 2000. Contract 8n1Oum: S68,800.00 Listed below are the projects that were not awarded: 1) Grassy Island Access Road, project # C-11472, Bid Da~: OCtober 25,2000 our bid was rejected. They disqualified us. Bid amount: $48,900. 2) FoTtPierce Sub-Station Impro~ments, project #C-1 1415. Bid Date: August 3, 2000 all bids were rejected. Bid amount: $511,900. 3) Pump Station S-6 &; S-1 Repair Contract, project # C-10414, Bid Date: October 24, 2000, our bid was rejected. They said it was risky to award us the contract. Bid amount: $296,800. 4) Pump Station Hardening 5133 & S135, project # C-114g8. Bid Date: October 25, 2000, we were the only general contractor qualified to deal with the environments] issues of this projeçt, we hold Federal Certificates to deal with Lead and A3bestos that meets EPA & OSHA requirements. yet SFWMD awarded the OO"""'to tbo I.,""" biddB ($32t,OOO.). -Uih!boy did DO=Jood.. and asbestos qualifications. We are attaching co~ ~ ~~ó.~r\i-_~~. :~.: \ _ __._ _--!~cords. ~~ also ap~oved wrongly the ~~ tor Wð~ ;: 1'1 , (' .. '. #2?g42C Algl\i!;a, lI.dna::l ILJ;j' FE~ c.;::. ,__. ~~~::~~f~:'Ol DEO' .AS \.__:D~L'-'¿~ff?T !)ue; OZI2í/2iJ:Jl --- .- ---. ~~.-- c:=-~ AO-, "'";)~"7 "17% P.02 '" '-' ...." subcontractor status one day before the bid opening. We will be glad to show details oftbis to you upon your requeSt_ Our bid amount was: $329,900. The quality of our work is wen represented in all fourteen of these buvtfi'1g5. as well as .in DUItIC1'OW other projects we have completed for other various entities. including IU1 IIl'Immi"1TBtion buiIdiDg and barn for the State offJorida. Division of Forestry, City of Ft. Pierce, Florida, School Board of Martin County, among others. Onoœprojeçt, Pump Stations 127. 129. and 131. project #C-I0420, we were informed by Labor Finders, Inc. that the superintendent and worlcers !'om Labor Ficders Inc. were U5Ïn¡ chugs. sold to theiiì bÿ aji"ûñãeÏ'cOVéi" 8genfiii'Okëecliöòee countY. with tnë-NiiïcnOWiëdgèõ1'\ñspeciorS,-- . station managers and other members ofSFWMD staff. SFWMD did not deem it 11ecess&ly to infurm us ofany illegal activities going on at tbatjob site. Ifwe were ÎDfunned ofrhis problem upon itS ctiscO'VCI}' by SPWMD,. the probJem. would have been eliminated imrnlodiately without considerable cost associated with this problem (case pending in Glade County Court). We are aslòog for 8 full and comprehensive investigation of these cases. Our reason ror asking your offices for this investigation is that we believe tbcrc is a persistent aM deep rooted pa.~cm of unlawful and may be clhuiw] actMtics aimed against us. Sincerely. ~ £-ø--- Adnan Ie. AJghita President AKA: wss --- ._- ----..... ....r""I.... '" I,n - ... · 8 S....th Florida Water Management ~istrict MGT 08-06F MEMORANDUM To: Sheryl Wood, Director Procurement Division Jonathan Gleason, Contract Manager From: Thomas Johns, Director Construction Division Ralph Hayden, proje~r ~~~r Ge~raC Office oflnspector General " Date; August 26, 1999 Subject: Preaward Review of Adnan Investments & Development, Inc. RFP # C-10414 - Pump Station S-6 and S-7 Ventilation and Shutters Report # 99-22 Pursuant to your request, we visited the office of Adnan Investments & Development. Inc. (Adnan) in Jensen Beach Florida and performed a preaward review of the company's finandal records to determine its capacity to perform construction work at a higher dollar volume than it is currently performing for the District The company was organized in 1982. and its business is primarily real estate development and residential construction. We reviewed Adnan's financial statements, prepared by Certified Public Accountants. The statements consist of unaudited compilations for calendar year 1997 and 1998 and an interim review for the six-month period ending June 30, 1999. While the company is involved in a modest amount of commercial construction projects. a job order cost accounting system was only recently established. According to the company's President, Adnan K Alghitha, the new system is only two months old and was not fully functioning. Consequently, we did not review the new system_ Total company sales were $229,000 and $610,000 for calendar years 1997 and 1998 respectively. For the six-month period ending June 30, 1999 sales were $292,000. Adnan is the lowest responsive bidder on two pending awards with the District C-10414 for $296,800 and C-10433 for $68,800. In addition, Adnan was awarded two contracts totaling $713,100 with St. Lucie County and is awaiting another award from the County for $559.800. The company is currently working on two contracts totaling $196,400 for the District, C-9025 and C-10420. Adnan recently completed District contract, C-9051. We found that up until the last quarter of the current calendar year (period ending June 30, 1999) the company's records reflect that there were no payrolls. Calendar year G""cmi"{ a.Nnd, Mich.'" Collin'. CMnnan Mich.eI D. Mint<:m. Viet Ch.:ti-rmao M",holl W. Bcr¡:c, Veta M. Carter Gerardo B. F~,n.~ndoz P~(r¡ck ¡. Gb.ron NieO!~S J. Outiem:z, Jr. Harklev R. Thomton Trudi K. Wilhams Frank R. Finch. r.E.. £UCUliw f),rwoT Mich..,1 5layoon. Dcpury Ex."","" DirWDT Trevor Campbd I, OCþu.r,. Excc"o\'t! Dir«wr MililingAddreS1': P.O. Box Z46BO, WCSt Palm ~3Ch.1'L 33416-4680 .tf" -Adpan InveJr¡¡"""cmts & Development, Inc. · August 26, 19§9 Pag'a 2 of 2 1997 and 1998 financial statements and corporate tax returns reflect that there were no payrolls of any kind. Mr. Alghitha indicated that up until 1999 an of the jobs were entirely subcontracted out including a number of smaller jobs with the District. We noted that the District contracts require a minimum of 40% participation by the prime contractor. Mr. Alghith@ indicated that going forward; he planned to perform . construction work for District projects using his own workforce. For the quarter ending June 30, 1999 there were only five employees listed on the State of Florida Quarterly payroll report to the Department of Labo~. The entire quarterly payroll listed gross wages totaling $8,800. ..." Additionally, the company has no equipment listed on its balance sheet that would typically be associated with a construction company. The balance in this account as of June 30, 1999 was $2,377 representing "furniture and equipment" We confirmed that the company has a $2 million bonding capacity with the Cumberland Casualty & Surety Company through Bob Barra Bonds, Inc. in Coral Springs, Florida. Additionally, the company has commitments for lines of credit of $200,000 & $225,000 that would require substantial collateral: real estate and equipment respectively. Sources of collateral for a loan from current balance sheet items would be limited, thereby requiring the company to fund cash flow internally or seek alternative cash sources. The most recent financial statement reflects a negative cash flow of $53,000 but current assets exceed liabilities by $175,000. However, the majority of the current assets include -inventory" of $331,000, which consists of a vacant lot and a residence currently being used as the company's office & Mr. Alghitha's dwelling. Based on Adnan's volume of business, the nature and mix of the business performed. and the other matters discussed above, we would consider it risky for the District to award the planned larger dollar value construction contract to Adnan with any degree of certainty that the project will be completed in a satisfactory manner and in accordance with all of the Districfs terms and conditions. Should you have any questions or require additional audit services please feel free to contact Dan Soaker or me. c: Frank Finch Trevor Campbell Bill Malone Albert Basulto Zan Kugler Glen Miller TOTAL P.12 MAY-0~-~1 11~ AM ADNAN INV AND DEY INC 56122935~ P.02 MIll ....t..... .......111.... ".0. Box,I? Jer11«t Botcb, FJmda 34958 Phone (561)229-8557 Pax (561)229-3538 .. . May 2, 2001 Mr. Robert Bradshaw Assistant County Administrator 2300 Virgjnia Ave. Fort Pierce. Fi. 34982 RE: 1NDIAN RIVER LAGOON Traçe Bid # 01-032 Dear Mr. Bradshaw, We recently received a letter dated Apri124, 2001 in regards to the above tcfetenced project. Mr. Ray Wazny has recommended awarding the contract to the second lowest bidder, which was 1>ickmon Construction Co., at $41,000.00, more cost to the county. Mr. Waznys' a11eaations against us arc wen knovvn to anyone fiuniliar with the six projects which we have completed for St. Lucie County. The 1AIL and CLADES CUT -OFF Culverts Replacement projec:ts were built and completed with quality. second to none. Now is the time to judec for yourselfMr.Bradshaw, and compare the quality and workmanship with similar projeçts the County has recently bui1t and. completed. by comacting the appropriate peopk to verl1Y my statements. These projects have beenperfomln¡ perfectly, and I 1m sure the current managers fur these projects will attest to that. We are attacbin¡ two letters for your information. The first is ftom the City of Fort Pierce and the other is from the State of Florida, Department ofForcstry. These letters will speak for themselves. We ask you to make these letters avaiJable to the çommimoners attending the May 8th meeting as well as this letter. Sincerely. ~ß~ Acfnan K. AJ¡hita Adnan Investment &:. Development, Inc:. AKNIal Cc: Daniel S. Mdntyre I Cty. Atty. All CoW1ty commlsioners ~1AY-Ø2-01 12,-, PM ADNAN lNV AND DEV lNC , 561229<>~ P_0~ ,j' ¡; I T Y Of RT PI~R¡;~ .. OFFICE OF THE CITY ENGiNeeR j TI!L, (861) 460-2200. EXi. 143 1 I April 26, 2001 Adnan Alghlta Adnan Investment & Development/ne. P.O. Box 517 Jensen Beach, Florida 34958 SUBJEcr: AVENUE 0 STORM SewER REPLACEMENT Deëlr Mr. AIghlta: Please accept this letter as confirmation of the completion of the above referenced project. as per your request The construction of the Avenue 0 Storm Sewer Replacement project was achieved in a professional, and timely manner, and met with all City of Fort Pierce SœndC!rds and Specifications. If you require any additional information, please contact this office. Sincerely yours, ~ Hector P. Arias, P.E. City EngIneer HPA:ncm cc: City Mé'lnager Project Engineer O;\QIfI~\A_1It 0(12. 17111 SI~ olCon1>lctiœ lO........wpà 0lIl... F~e:AYS1LJO 0 " MA~-02-f01 1.2.,,", ,.' PM A , ~ DNAN INV AND DEV IHC ::;61229:?;~ P.04 :FR002'·æ!ll 151æ . . ,'! I ' ). Fi. D!~ ~%C & ca-e .fØ2! 4e8 øe~ ".e:z '" :'1.:........ . \j" ... ..~~.~ Florida Department of Apicultnr8 & Consumer SerYioea TEUY L. aBODES, C.cmn"i1mODef .: .--....... or.. ~n.-r 3115 0........ .-:u. ¡,(&IJ lilt en 'r~ ~ " n. 3U501"Q T.:.p1ø.: (ISO) ,,."St1. r,«. (1fl/)~ AprlU4,lOOl Mr. ram GraDtbam, ComrKtI S~on Depa.rt1'06t\t ofTran.sf>Orta.tion $05 SWIUWe Street MIll Smtlon 55 'f1U.blUMe, Florlcl& '2399-0450 "kf: AdÐan'Development m.1 tnvemnant, Inc. DtaI'Mr. Grantham, ThII Jetter Is in rcprd co ~ DMopment and tnvut:me:l't. IDe. 1114 the work that they have pcdormed fot' the DivUton of~o1'eatry. AdnaA D~oPmel\Ì has recently compl11tt4 'CWO buildings fur our DMlioñ [n tho Stuart 1ft&. One is 8:11 admàUttatÏOD builcii.'1S and the otbtr lJ an equipment It1CS -=1' Wity. Additiona"DY. they performed the åte v.-"Ortc for tbil proJoct:. The work "M.I performed u.tistàctotily aÐd the ~u.ality or the CQIISU'I.Ic1ioft WU iOO~:t You C&t\ can me at te 994-0$34 or (8S0) 414-0834 ¡fyou Med additional intbtmatlon SÍ11Çm1y, 1J:RRY L. RHODES COMMISSIONER. OF AGR[CU1. TURI: ~~:;r~ om wn Cot1$tNCtion Projects Admùti~ator 1'ûM.. p,øz " ,'I I i f- I MAY-07-2001 . ~, 38 \...- Six InullUlne: LJALL I S GROUP 318 7~~ 1928 P.02/02 ..... , ., RecycllnCJ efforts cOIIvert trasll to trHsure for the emrOtlll\8nt. ih is Gu:i J u 11 '\7 eD\y~ I 10 ¡ I ¡ r-u 0 \ U k \ s'Sue 0 t=' ~~~LA IU-e I, .ï- . ... ., Bev SIIItII Toyot¡ IN, rteelved tile Toyota PreslllHn AwIl'l1 for tll. s~1I YNI'- slandinl) commiblent tv make r''YcßIIQ VIOrk throu\hollt its fadlty," says Herb 8LfQart. recyc;iIIq/wIs1f 1ÑIC1ion pro- Wbllll the .mp~ It..., SmrttI Toyota ,ram manal)'r 'Of st. Ltlti. C:o...ty. in Fort Pierce, FIa.. loDlild in Ihlir wash- "Their efforts IIftp redlCe air alld waler baklts, they didn't $II trash. TIMy $IW . pollution, .nd CDIIIII'YIIlØIltaI resourcts WIV to ,""III tileii' trNsund ¡ndsc.~ for _¡yon,'s hiUrt," lie says. riOt'll bIcaônt¡ a ¡f¡~_ Becaøe 01 recydRQ. tile rlHlershlp lias TIM deal""lp lallllCllell a rteyeliø9 pro- cut its trash In half. other IIN þwllIfSS- gram. CDtllCliIIQ Øeryll'tiftl) lram papèI' es õII't folowiDQ Bev Sri!Þ To,tota's IH~ to st.eI In 11m IIIcmlllllrou"out th' by dl!(,.,sll\9 wlSt9 alII IIIa'NSInI) Ibe facility. For their efforts on behaU of the resDtl'Ce5 tI1at ale bei.. saved. enylronment. tile dNllIßbip and 0_ lIIInb 10 the efforts or leadeß lite Niå Nidi Smitl1 have recei,ed the fm Snlllh and his dealership teala, future CommerciallleqtllnQ Partnership Award qenlIitlons will haM tII, ~portll1ltV to from tile St. Lucie COlllty BOlrd of treasure the envltl)Oment and et¥OY its !:cmminlolltl'1. many wonden. "Btv Srith Toyota has ~OIYn ., out- -$ I <:f)TOYOTA 101lOlD_'_....t,IqM__ .....-~"...IIIoIIoo_IDLIII1 IIIII.D.UDI 1IItIt....1.11I....1.., ........".~ OR www.Io!t-- -tb- TOTFL P. Ø2 - -.. , ... ¡I" ~ 'wi ÿÚC1E COû, ~~. ~? . . 8 ~ 3: CI1 ~ ~ ~ f;. ~ ~~ ~~CYCL\~Ú "" '-' "will AGENDA REOUEST ITEM NO.~ ADDITIONS [X] DATE: May 8, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-106 - Proclaiming the week of May 13, 2001, through May 19, 2001, as "LAW ENFORCEMENT WEEK" and designating May 15,2001, as "PEACE OFFICERS' MEMORIAL DAY" in St. Lucie County, Florida. The Congress and President of the United States have designated the week of May 13,2001, through May 19, 2001, as Law Enforcement Week; and May 15,2001, as Peace Officer's Memorial Day. Reverend Jeffrey L. Owens, Chaplain for the St. Lucie County Sheriff's Office has requested that this Board proclaim May 13, 2001, through May 19, 2001 as Law Enforcement Week; and designate May 15, 2001, as Peace Officers' Memorial Day in St. Lucie County, Florida. The attached Resolution No. 01-106 has been drafted for that purpose. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDA nON: Staff recommends that the Board adopt the attached Resolution No. 01-106 as drafted. COMMISSION ACTION: E: [XI APPROVED [] DENIED [ ] OTHER: ~ County Attorney: Originating Dept. '-' Review and Approvals :fv ¡t-~ Management & Budget Other: Finance: (Check for Copy only. if applicableJ___ Purchasing Other: ....., Eff. 5/96 .., .' 'w' ...,,; RESOLUTION NO. 01-106 A RESOLUTION PROCLAIMING THE WEEK OF MA YB, 2001, THROUGH MAY 19,2001, AS "LAW ENFORCEMENT WEEK" AND DESIGNATING MAY 15, 2001, AS "PEACE OFFICERS' MEMORIAL DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. The Congress and President of the United States have designated the week of May 13, 2001, through May 19,2001, as Law Enforcement Week; and May 15,2001, as Peace Officers' Memorial Day. 2. The St. Lucie County Sheriffs Office has been constituted by the State of Florida to uphold the laws and play an essential role in safeguarding the rights and freedoms of the citizens of S1. Lucie County. 3. It is important that all citizens know and understand the problems, duties, and responsibilities of their law enforcement agencies; and that members of our Sheriffs Office recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim the week of May 13,2001, through May 19,2001, as "LAW ENFORCEMENT WEEK" and does hereby further designate May 15, 2001, as "PEACE OFFICERS' MEMORIAL DAY" in St. Lucie County, Florida. ~ ",. '.,J 2. This Board urges the citizens ofSt. Lucie County and all patriotic, civic and educational organizations to observe the week of May 13,2001 through May 19,2001, as Law Enforcement Week with appropriate ceremonies in which all of our people may join in commemorating law enforcement and detention deputies, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities, and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. 3. This Board further urges the citizens of St. Lucie County to observe Tuesday, May 15, 2001, as Law Enforcement Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of their duty. PASSED AND DULY ADOPTED this 8th day of May, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY / /' ..... ..... AGENDA REOUEST ..."" ITEM NO. A-I ADDITIONS DATE: May 8, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY{DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie Metropolitan Planning Organization - Agreement with Tindale-Oliver and Associates, Inc. for Major Update of the Year 2001 Transit Development Plan/Transportation Disadvantaged Service Plan BACKGROUND: See attached memorandum CA 01-686 FUNDS A V AlLABLE: Funds are available in Account Numbers 001211-151 0-531000-100, 001218-1510-531000- 100,001249-1510-531000-100, and 001131-1510-531000-100 (Professional Services) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreement between the MPO and Tindale-Oliver and Associates, Inc., subject to approval of the agreement by the ( Florida Department of Transportation. ~ f [ ~ APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: ug as Anderson County Administrator County Attorney: ('.~ ð'riginating Dept. Finance: (Check for Copy only, if applicable): L 91-1 ;U Review and Approvals Management & Budget: Purchasing: Other: Other: , '-" .." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 01-686 DATE: May 3,2001 SUBJECT: S1. Lucie Metropolitan Planning Organization - Agreement with Tindale-Oliver and Associates, Inc. for Major Update of the Year 2001 Transit Development Planffransportation Disadvantaged Service Plan BACKGROUND: Attached to this memorandum is a copy of the proposed agreement between the S1. Lucie Metropolitan Planning Organization and Tindale-Oliver and Associates, Inc. for preparation of the major update of the Year 2001 Transit Development Plan/Transportation Disadvantaged Service Plan. Pursuant to the agreement, Tindale-Oliver will prepare the update at a total cost of eighty-two thousand nine hundred ninety-nine and 62/100 dollars ($82,999.62), including expenses. The MPO approved the proposed agreement during its meeting on May 3, 2001. Board approval is required in order for the Finance Department to process payments under the agreement. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreement between the MPO and Tindale-Oliver and Associates, Inc., subject to approval of the agreement by the Florida Department of Transportation. Respectfully submitted, ')~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Development Director Finance Director Management and Budget Director Deputy Clerk " '-' ....¡ CONSUL T ANT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2001, by and between ST. LUCIE METROPOLITAN PLANNING ORGANIZATION, hereinafter referred to as the "MPO", and TINDALE-OLIVER AND ASSOCIATES, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the MPO desires to retain the professional services of the Consultant to prepare the Major Update of the Y ear200 1 Transit Development Plan/Transportation Disadvantaged Service Plan; and, WHEREAS, the Consultant desires to provide the MPO with such services. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: I. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the MPO will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the MPO. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the MPO and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is: -1- / '-" 'willi Preparation of the 2001 Transit Development Plan Major Update, hereinafter referred to as the "Project", as set forth in the Scope of Services attached hereto and incorporated herein as Exhibit "A" . 3. PROJECT MANAGER The Project Manager for the MPO is Cheri B. Fitzgerald, MPO Supervisor at (561) 462- 1593. The Project Manager for the Consultant is William L. Ball at (813) 224-8862. , The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempte d resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TIME OF PERFORMANCE The C~nsultant shall complete all work hereunder on or before March 31, 2002 in accordance with the Project Schedule attached hereto as Exhibit "B". 5. COMPENSATION The Consultant shall be compensated for all services rendered and expenses incurred under this Agreement in an amount not to exceed eighty-two thousand nine hundred ninety-nine and 62/100 dollars ($82,999.62) based upon completion of the project tasks as set forth in the Project Schedule attached hereto and incorporated herein as Exhibit "B" and the Project Budget attached hereto and incorporated herein as Exhibit "C". Reimbursement for any travel expenses shall be in accordance Section 112.061, Florida Statutes. All invoices presented to the MPO for payment shall be on a Request for Payment form approved by the MPO. 6. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to tenninate this Agreemen t by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shall be considered a default -2- , '-" .....J under this Agreement: (l) Ifthe Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. f (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. . (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. · In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE · · I í ,: Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the MPO shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 7. FORCE MAJEURE Neither.party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and MPO shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party . 8. ASSIGNMENT The MPO and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the -3- ¡I '-" ~ MPO nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Consultant shall immediately notify the MPO in writing and the MPO may elect to tenninate this Agreement without any liability to the Consultant for unfinished work product. The MPO may elect to compensate the Consultant for unfinished work product, provided it is in a fonn that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. . 9. SUBCONSUL T ANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shflll secure the written approval of MPO Project Manager before engaging such subconsultant;' subcontractor or professional associate. . , I 10. AUDIT The Consultant agrees that the MPO or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment( s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the MPO the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion ofthe project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 12. INSURANCE The Consultant shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Consultant shall also provide the MPO with -4- ;' '-" 'wtI evidence of this insurance in the form of Certificates of Insurance which shall be subject to the MPO's approval for adequacy. The MPO shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The MPO shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the Consultant, it shall be the responsibility of the Consultant to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 4 A. WORKERS' COMPENSATION The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits'. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. I B. , COMMERCIAL GENERAL LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COMMERCIAL AUTO LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of$100,000.00 combined single limit. D. PROFESSIONAL LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Professional Liability insurance on an occurrence basis for a minimum of $1,000,000.00 E. OTHER INSURANCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: I. The MPO, its Officers, Officials, Employees, Agents, and Volunteers are to be -5- , '-" '...I covered as additional insureds for any and all liability arising out of the Consultant's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on scope of protection offered to the MPO, its Officers, Officials, Employee, Agents and Volunteers. 2. The Consultant's insurance coverage shall be primary insurance as respects the MPO, its Officers, Officials, Employees, Agents and Volunteers for Consultant's activities. Any insurance or self-insurance maintained by the MPO, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. 4 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the MPO, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. INDE¥NIFICATION The Consultant covenants and agrees to save, hold, and keep harmless the MPO, its Officials and Employees, and indemnify the MPO, its Officials, and Employees, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability to the extent arising out of or in any way connected or arising out of any negligent act of the Consultant. Only those matters which are determined by a final, nonappealable judgment to be the result of the ~egligence of the MPO or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the MPO, but only to the extent of negligence of the MPO or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, the -6- /, '-' 'wi prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICA nON OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To MPO: With Copies To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 S1. Lucie MPO Supervisor 2300 Virginia Avenue Fort Pierce, FL 34982 As To The Consultant: Tindale-Oliver Associates, Inc. 1000 N. Ashley Drive, Suite 100 Tampa, FL 33602 -7- .... '-" 'wi or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The MPO undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. . 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. Tþe original Agreement rates and any additions thereto shall be adjusted to exclude any significant s~s by which MPO determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the MPO in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the MPO as to whether the association, interest or circumstance would, in the opinion of the MPO, constitute a conflict of interest if entered into by the Consultant. The MPO agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the MPO, the prospective business -8- , ~ 'wi association, interest or circumstance would not constitute a conflict of interest by the Consultant, the MPO shall so state in the notification and the Consultant shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the MPO by the Consultant under the terms of this Agreement 23. LITIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the MPO and the Consultant describing the services desired and providing a basis for compensation to the Consultant. · · 24. MEDIATION · In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Cler~ of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To th~ extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ! 25. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for 8t. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. f f IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ATTEST: ST. LUCIE METROPOLITAN PLANNING ORGANIZATION BY: CLERK CHAIRMAN -9- /. ""' -...I APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY · · ATTEST: TINDALE-OLIVER ASSOCIATES, INC. BY: · SECRETARY PRESIDENT (SEAL) ! g:\atty\agreemnt\~ontract\mpo. tindale. wpd i , , , -10- , '-' ....., EXHIBIT "A" t ~, SCOPE OF SERVICES MAJOR DPDA TE OF THE YEAR 2001 TRANSIT DEVELOPMENT PLAN/ TRANSPORTATION DISADVANTAGE SERVICE PLAN Scope of Work: . The St. Lucie Metropolitan Planning Organization (MPO) is seeking the services of a consultant to assist in the development of a major update of the MPO's Transit Development Plan. Purpose: The purpose of the study is to identify general public transportation needs in relation to the overall mobility needs of St. Lucie County, develop transit service alternatives to address the identified needs, evaluate the alternatives based on the established criteria over a five year planning horizon to be determined by the Florida Department of Transportation, and establish a transit service .,plan for transit services. Currently St. Lucie County has public transportation service provided by the St. Lucie County Council on Aging. The effort will identify alternatives technologies and/or services either public or private, and address previously adopted polices and objectives of local goverrunents with the MPO's area. The study area includes St. Lucie County and will explore the potential for intercounty connections to adjacent counties. Objectives: The Study shall address the requirements of, and be consistent with, the Transportation Efficiency Act of the 21 Century, 1998 (TEA21) as amended and/ or replaced, applicable NfPO and Florida Department of Transportation (FDOT) regulations (see attachment 1), and any related policies of the Federal Highway Administration (FHW A) and the Federal Transit Administration (FT A). The major update of the IDP shall include elements listed in A Manual for the Preparation of Transit Development Plans (USF, Tampa, 1993), including; but not limited to: · Identify existing local transit services · Evaluate existing transit resources · Identify potential transit technologies · Develop alternatives consistent with need · Develop an implementation plan · Determine future transit needs . Develop Revenue Projection Plan · Develop future Cost Feasible transit Plan ¡". " \...- ...." ~ ': The major update to the Transportation Disadvantaged Service Plan (TDSP) shall be based on the Florida Commission for the Transportation Disadvantaged TDSP guidelines. The CONSULT ANT shall ensure that these elements are addressed in the update of the TOP. Task I-I: Establish Mission and Goals and Objectives . 1. Draft Mission, Goals and Objectives based on the following: · Chapter 427 F.S. and Rule 41-2 F.A.C · American with Disabilities Act · State and Local Comprehensive Plans · . Discussions with County, Corrununity Transit and Municipal Staff · Discussions with Transit user groups · Chapter 341 Public Transit, F.S. and Rule 14-73 Public Transportation F.A.C .' Short and long range plans for Indian River and Martin Counties to evaluate present and future demand for intercounty transit trips · Public input from Public Involvement Plan (PIP) · Transit Element of 2020 Long Range Transportation Plan · 1997 Congestion Management Plan · 1995 Strategic Regional Policy Plan, Transportation Element · Chapter 163 and 9J-5 F.AC Concurrency Regulations 2. Summarize Public Involvement Program for the project. 3. Draft Technical Memorandum I-I: Draft Mission and Goals and Objectives based on review by Techrùcal Advisory Committee (TAq, NfPO staff, MPO Board, and Citizens Advisory Committee (CAq. Task 1-2: Data Base Compilation The consultant shall collect, but not linùted to the following: 1. Existing Conditions Assessment · County Base Maps · Current and Future Land Use and Zoning Maps · Existing Major Trip Generators! Attractors for transit · Major Employment Locatic.:ms ,; '-" '''''; · 1990 (2000 if available) Census Tract Data for Population, Employment, Low Income, Auto Availability, and Dwelling Units . 2000, 2010, 2020 Population and Employment by T AZ . Available information from the Bureau of Economics and Business Research regarding future growth in St. Lucie County. · Community Transit existing services and ridership · Review existing surveys of population regarding transportation issues · Parking supply and cost · Planned future developments in St. Lucie County, including identification of major activity centers · Identify and forecast potential transit demand · Forecast the number of trips reduced on the roadway from the increase in transit use. ~ 2. Review and summarize all pervious plans, and documents pertàining to pubFc transportation in St. Lucie County, including but not limited to: · Previous mass transit/public transportation needs studies · Transportation Disadvantaged Service Plan for St. Lucie County · Adopted Local Government Comprehensive Plans · Transportation Improvement Programs · Long Range Transportation Plan · Chapter 427, Rule 41-2 · Chapter 504 Handicapped Accessibility Plan · Other relevant documents as necessary · Long and short range plans for Indian River and Martin Counties Transit Element of 2020 Long Range Transportation Plan · 1997 Congestion Management Plan · 1995 Strategic Regional Policy Plan, Transportation Element. '. 3. Identify Future developments. 4. Identify by Zone/Tract concentrations of transit dependant and potential transit user populations. 5. Conduct a peer review of general public transit ~ervices in other similarly sized counties. This review will include agencies both within and outside' of the state of Florida and include operational and financial characteristics of each. The peer review will include both fixed route and demand responsive service types. Peer review will identify funding sources "" ~ -...J utilized to develop and maintain both fixed route and demand responsive service types. 6. Inventory existing public and private transportation providers operating in the county. The consultant shall collect and analyze the following information for each transit providers: · Name and type of service, including days and hours of operation · Facilities, location, age and general condition · Service area, frequency, destinations and number of riders · Equipment type, age and general condition · Rolling stock type, age, condition, and special accessories · Average annual daily riderslùp · Eligibility requirements .. Operating polices governing service areas, trip reservations, pick- up and drop-off times, pre-scheduled trips, cancellations-and no- shows, ect. · Operating costs per velùcle-hour, velùcle -mile by rider, and by trip type · Annual operating maintenance, administrative, and capital costs · Revenues classified by source. . 7. A situation appraisal is required and will include at least · Effects of land use, state and local transportation plans and other governmental actions and policies, socio-economic trends, organizational issues and technology. · Demand estimation techniques must be approved by the department supported by demographic, land use, transportation and transit data and result in a five or ten year (as determined by FOOT) annual projection of transit riderslùp · A performance evaluation using the Transit Capacity and quality of service measures. 8. Draft Technical Memorandum 1-2: Data Base Surrunary and Review of Existing Services. Task 1-3: Transportation Demand and Needs Estimation 1. Estimate potential demand for general public transit services based on demographic data, total travel demand and appropriate modal split, and other communities of similar size and characteristics with general public /' '-" .....; 1,.. transit services. The St. Lucie County Tranplan/FSUTMS travel demand model will be used to estimate the distribution and characteristics of regional person trips. The appropriate modal split will be applied to the person trip demand to determine transit travel demand. 2. Hold group meetings, and discussion groups, work with the county, community transit and municipal staffs and conununity groups to identify transit issues and needs. t 3. Draft Technical Memorandum 1-3: Transportation Demand Needs Assessment Task 1-4: Alternative Analysis 1. Identify with input from Community Transit, appropriate public transit service types given demand potential and characteristics of the study area. This should include fixed route, demand responsive, and other service type!>. Assess the appropriateness of the transit service types given the tranSit service needs and characteristics of the study area. For this study, the study area will be defined to include analysis of potential intercounty transit connectionsf routesf trips. 2. Assess feasibility of new public transit services based on potential demand, estimated costs, and ability to meet identified transit needs and goals. 3. Develop revenue projections for each of the alternatives including federal, state, and local sources and requirements. 4. Identify potential funding sources for each of the alternatives including federal, state, and local sources and requirements. f 5. Identify short-term general route connectionsf service area alternatives for any feasible public transit services identified from task 1-4.2. 6. Identify performance measure thresholds for the evaluation of alternatives. Review those with the MPO and advisory committees for their endorsemeDt. _- 7. Evaluate short term alternative route connectionsfservice areas based on performance standards, funding opportunities, revenuef cost comparisons, ridership potential, costs, ability to meet needs, and ability ," / '-" 'wi to address transit goals and objectives. Assess cost sensitivity of adjustments in route connections/ service area alternatives. · 8. Draft Technical Memorandum 1-4: Alternative Analysis. Task 1-5: Selection of Preferred Alternative 1. Identify recorrunended short-term alternatives for service improvements based on evaluation results. This includes: · · Service Type · Headways · Verode Types · General Route Connections . Estimated Operating Costs. t 2. Ide~tify appropriate entities to oversee, operate, and maintain any pot~ntial general public transit services. 3. Review Selected Alternatives with TAC, CAC, and MFO as well as the general public. 4. Draft Technical Memorandum I-5: Preferred Alternative. Task 1-6: TDPfIDSP Service Plan Preparation 1. Develop Draft Plan Based on previous work tasks including the following: · Map indicating areas served, type of service, and estimated ridership. · An organization/management chart and description of a financial plan containing operating expenses, adIIÙIÙstration expenses, capital expenditures, expected revenue and sources of revenue, and unfunded improvements. · Marketing Plan · A mOIÙtoring program to track performance linked to the IIÙssion, goals and targets. · A public transit services TIP (if feasible) identifying unfounded. capital improvements. This includes a phased implementation plan and a financial plan for each year, including identifying potential sources of revenue · -- '" '-' '...I · Assess recommendation's consistency with local plans including Comprehensive Plan, MPO Long Range Plan, The strategic Regional Polìcy Plan and the Congestion Management System · Identify strategies for coordination of transit development with agencies responsible for land development · Identify strategies for coordination of transit developmçnt with agencies responsible for land development. 2. Prepare an implementation plan for the Transit Development Plan identifying activities, responsibilities, and time frames. 3. Review Draft Transit Development Plan with MPO, CAC and T AC. 4. Prepare Final Transit Development Plan/Transportation Disadvantaged Service Plan Study Re~uirements and Provisions of Work: A. Project Schedule. The schedule for completion of the project will be July 1, 2001. However the consultant may be under contract for twelve months from the date of issuance of the Notice to Proceed. Prior to the MPO's issuance of the Notice to Proceed, the CONSULTANT shall provide a schedule of calendar deadlines for submittals accompanied by an anticipated payout curve. A draft TOP, including a draft surrunary, must be submitted to the lYfPO in June of 2001. B. Meetings and Preseñtati"ons. The CONSULTANT shall attend a Notice to Proceed meeting with MPO representatives, where relevant project information shall be provided by the lYfPO, along with procedures for administering the contract. The CONSULTANT and staff shall also be available, with no more than a three (3) business day notice, to attend meetings or make presentations at the request of the MPO. Such meetings may be held at any hour between 7:00 a.m. and 12:00 midnight On any day of the week. The CONSULT ANT --may be called upon to provide maps, press releases, advertisements, . audiovisual displays and similar material for such meetings. The CONSULT ANT shall meet with the MPO's Project Manager as often as is deemed necessary by the MPO. The CONSULT ANT shall also provide regular briefings to the general public, the MPO and its advisory committees, and other entities as deemed necessary by the MPO. - The '. ;# \..- ~ f~ ~; r~ .... CONSULTANT is expected to prepare graphic displays, handouts, and any other appropriate presentation aids for all meetings, as deemed necessary by the MPO. C. Public Involvement Plan All public meetings and presentations held or conducted by the CONSULTANT shall conform to, and be consistent with, the MPO's current adopted Public Involvement Plan and documented fully in the final reports. The CONSULTANT shall utilize the MPO's Public Involvement Plan throughout the course of the project as (l means to actively involve the general public and all interested persons and entities. in the development of the final products. Public Involvement Plan should be developed and approved by the .MFO prior to implementing the plan. ~ O. Quality Control. TheÍ CONSULT ANT shall be responsible for ensuring that all work prod.ucts conform to FOOT standards and criteria. Tills shall be accomplished through an internal quality control process performed by the CONSULTANT. Prior to the submittal of the first invoice, the CONSULT ANT shall submit to the .MFO's Project Manager for approval the proposed method or process of providing quality control for all work products. The Quality Control Plan shall identify the products to be reviewed, the personnel who will perform the reviews, and the method of documentation. E. Correspondence. Copies of all written correspondence between the CONSULT ANT and any party pertaining specifically to tlùs study shall be provided to the lvIPO for their records within one (1) week of the receipt or mailing of said correspondence. '. 4 F. Progress Reporting and Invoicing. The CONSULTANT shall meet with the MFO, at a mImmum, on a, montlùy basis and provide written progress reports describing the work performed on each task. The CONSULTANT shall submit one copy of a draft invoice package to the MPO's Project Manager for approval prior to submittal of a final version of each invoice package. The final invoice package shall consist of five copies of each invoice, progress report,.. and ;' '-' 'WI project schedule. All copies of the invoice will be originally signed. Judgement on whether work of sufficient quality and quantity has been accomplished will be made by the MPO's Project Manager using a comparison of reported percent work completed against actual work accomplished. G. Submittals. The CONSULT ANT shall provide copies of the required documents as listed below. These are the anticipated printing requirements for the Project. This tabulation shall be used for estimating purposes, and the Project Manager will determine the actual number of copies required prior to each submittal. . Technical Memoranda (each) Draft 2001 TDP Final 2001 TDP Draft TDP Update Fimll TOP 5 + 1 unbound copies 5 + 1 unbound copies 10 + 1 unbound copies 5 + 1 unbound copies 10 + 1 unbound copies All documents, graprucs, charts, and supporting material generated during the course of tlús project will be furnished to the MFO in electroIÙc format at the conclusion of the project. Necessary IBM compatible formats are identified below. Technical Memoranda and Correspondence Microsoft Word 6.0/7.0 Spreadsheets Microsoft_Excel 6.0/7.0 Graphics as negotiated Maps/GIS as negotiated . Final Report Microsoft_Word 6.0/7.0 Where appropriate, the MPO and the CONSULT ANT may agree to utilize electronic mail for the timely, cost-effective submission of interim work products and data files. The MPO and the CONSULT ANT will utilize an Internet email account with binary attachment capability as appropriate to reduce costs and time for work product submissions and reviews. The purpose of the technical memoranda is to inform all affected groups of the project's progress. The technical memoranda shall be the basis of the final report. , ~ '" I !';. The final report shall document the entire study process. It will discuss methodologies, findings, recommendations, and official actions as well as community involvement, public meetings and response, the public involvement process utilized, and other information. A draft report shall be circulated for review and approval by all study participants, and comments shall be compiled and incorporated into the final report by the CONSULT ANT. The final report shall contain an executive summary outlining how the study was conducted, the methodologies used, how the final five-year and ten-year alternatives were chosen, the conclusions reached, and the public involvement process used throughout the study. c . . . u.¡:n:U1 t.Y: 111 -O·ðl.J ;:~tj ~lUrs 11....UAU:. IJLl \ t.K " ~ .t!. I.:: I 'J --- "--_. """'" 29 24 i _. , ! I I ' 1 ~-¡-- I ¡ 1 I I I i I ", ----¡--. -. . : . ; , ' I I ¡ I ¡ '--r- ¡ I I i : 1-- -,--,.-- . I I I /'.,:\;¡ 0 I 13 I ;:0 , 27 Activity Name I ~$K '-1: Establ/5h Mís~lon Goal,;¡ and Ob¡8Cbves ~prëpare tor NCJtrce to I-'rocee,Ú~eetln9 , '-PaI'!IClpate iii ¡~once to °roëeed Meeting ~mPile and Re\llew Relevant Plans and Documents Conduct Telep:,one interviews With Commul'lIty Leaderš iõèi¡elop Io'ubhc ¡'r.volvement Program : Draft TecfiOlC3tlllemòiandum 1-1 i rãsi( 1·2: Oatå'Base Compilätion ~iect and AnatŸze [Jara tor Existing CondltlOn$ IRëvlew and Summarize ReJevant'Plans and Oocumen1s i Identity and-Gëccode Future Developments Identlf¡ ConcemratJons or I ransit Dependant and Othei I U$ó;lr Populations ¡-Prepare Map Sér.es f(, TDPfTDSP·. ¡ Oblalnl¡:;-¡$play OnglnS añd-DeShnatlons fò(Sample Mc~tn I ~üé't a J rend AnalysIs of Hlstoricål p'erto~ance " _ ¡ ConduC::: a Peer Re"'1w Analys,s of Io'ubliç TranSIt Services ~ñìifý Ex;sting Public and Pnv~te Transportatro;l ProVIders ; Conduct S,tu?-fior'! Appraisal ! -r~eet W~h MP-O and Convnunity' f ran Sit Staff' -- .I r Dra!; I echnicãi 'Memorandum 1-2--' I , i-'repare Draft 2001 TDÞ~- .. '-¡:r,:'eop3re ï=inal 2001 TDP: . I 'Give Two Preserita¡¡õns (Joint ìAC/ÇAC end MF'O Boaray-i- ¡ . !'TaSJ(I.3: Transportation Oem_nod and Needs Eštimatlon Eshmate Potential D'3rnand for General PUblic r ranslt Se....~ces. Conduct Flelc 0b'šervatlons Throughout the County . R~r\Jit Participants for Discussion Group ana Public , Workshop ¡Hoit One Öisc~s:;lon Group : C105e' One Tradjli;¡naÎPubhc Worf(shop ,---¡:¡;ake roree Preser'\tations to Community Group Meetings : 7repare Draft I e:.:hnocal Me'mor!lndum 1-3 ITa~k ;-4: AlternatJve-Analysis--- I' Develop ~etnõdclogy for Alterr.al/ve Analysis. , : RevieW' Methodology With MPO arid CO¡mmuni'ty·Tta.,slt s1äff i \telephon,:) ! r Asse$S FeaSlb¡Jlty o(/'ÍJew ,",ubhc 'rranslt SeMces. . f-Sooirrianze ¡.>otentiãrFurding Sources --- : t-oeve,op Reveriue?rõ]ëct)cns tor !:ach AltematlvQ. i .. , Identify Short. 1 ",rm Route Connections/ServIce Area Alt"!matíves 'Kecommend Perrormance Measure Tlïreshclds tor I Ev<!luation. ~view IhresholdsWith MPO ánd-communrty T~ansl( Sta'N , (t.?jephone) , ~ - ~;tL ~ i ~: -;- ) , ! -I ,~ I " 'j I I' I I' -j EXHIBIT "B" I 1 ""__'. í ~, '; ~ ~ ---..".,....~1.I1 . .......l.----L-_.. . " , I I' , , I ,. ¡--+-- I I ! 1--:..-. ' .__ r:"I-r. ,. I I I : -'--¿- -- ---I I 'T---'-~'~'- ~ ,I i' : -~--1 --L- ! 1 - -_. 1- ~._--! , May '01 6ï13i20 . , -- i 2Tï3mlO ->¡ , -J J I : Y-7i i -j ! \' ,I .... m~ Ÿ I ; ! , " . 1-- ,. 1, , . ..I I .-;- , '. ; r- I ,I I i 1 ! l- i I i I ' --"-- I , ¡..-..l--¡ I . I I· I I -, j. :; Jun 01 -~-----, ~~ ---rs- :;:2 ~ I, I -1 ~ j I I '1 I '1 I . -'--1 j' , I --.- j ~+-- I . I 1 I i·· , IT-I i~' 1 -¡-- I .---¡- ! I , ~'tn . 'V"', I <-. ..'¡ I :-; 1 , I --, j --¡- "·-1 "Ii I i . ! ___..L. ......J . I ! '-. 1 I I I 1- I +. I \' 1 f ; 1~ :-: -¡ i-- ---.- I I .-+---+- : I --- _¡._-L. ----··1 -¡----.- I I I --;-- ¡ - ~u 1/ i , 1 15 ~-~~ j ._; 24 1 à . (I"':J'U1 U~· 1 ~ 'O'UJ ;:~t ~lU~ 11.\liAl..t:. UL1'.t:.~_ , '-' Activity Name 1;9 Aug '01 I 12 19 '26 I <: ~ ñ"å'sk 1.1: Establuih Mlss¡on Go;Js and Objectives IPrëpare for Notice to Proceed MeetJr.g : Partlclp¡;te ín Notice to Proceed Meeting -Compile and Rell'ew Relevant Plans and DQcu~Eiñts I Conduct Telëphone IntervIews vVrtlï Community L¡;:ade:s ~" , I Develop Public Involvemerll prcgram Draft íechnlcsl MemorancJum 1~1 : Task 1-2: Datå Bas~ Compilation -, ~èt and Analyze Data foi ExiSting Conditions I I Review and Summanze Relevant Plans and Documents "j "I" , i' : IdentJfy and Geocode ruture Developments ¡ - "r--'"- I, I ' I [lOeñtífy" Concentrations of Trãnsifuependar:t and Other" ! ' , ' I' User Populatìon~ ! I' ' ~ -! ¡- Prepare Map series'to IUPflLJSP, - I , I Obtall'1lDisplay 0(19'05 and Owstinàïio·ns lor sample MOnth~-- !' -I '! I-Conduct a I renc Analysis õ(H,storll:.81 Performance" ~ 'I I , ; -,_ __ ._1, , ! t;onduct a Peer ,"{eVIE!¡W AnalysIS or-Public TranS11 ServlCils I ¡' ! JoentifŸ EXiSting Pub"p and Privãte 1 ransportation Providers: I ~J ! -COnduct SituatIon Apprã,sal l,~ ; ~-'- Meet With MPO and'''CcímmuMy 1 ransit Staff' : ¡ I ,- l""Draft I echnlçal Memorandum 1-2 '" ¡ , I i : I-'repare Oråfi 2001 T DP. i I' I , Prepare Final 2001 fOP.' .. , I . I I . ~Give Two Presentat'onS (Joint IAC/CAG and MPO B08tc!) I !~' ¡ TasK'I-:!: T~",sportation Demand a~d Needs-Estimation :.-.-),_,": w ,~...:...l__ f:::stlmate Potential LJemand for General?ubhc fransit L:,' I Services, 'i ! I COnduct ¡-,eld Obs'ervaltons 1 hroughoutthe-c.;ounty- "r I .,-: II !, I ' KecrUlt Partiéipants lor Ulscusslon Group and Public ' Worksh~p ~ , i.. I-~ost One Discus$lon _Group . j i.: I _ ¡Hose One frad,t,:¡nal Puok WorKshop I '. I ¡ I I I Make Ihn:e Presentations to Community' Group Meetings- -I I .. Prepare Draft Technical Memorandum 1·3 I _, '" : I :.... i , I~.'~"k 14: Altet:atlve Analysis _ _ I'~_~""~""j=:'="-'-'~~"" , Develop Methodology lor Alternative AnalysIs. : T -; I I I, I I : Reviéw Methodology VVith'MPO IInd COJmmunityT rans't Staff] I. j 1_,' ; , ~eJePhOneJ , ~ , ssess FêaSlblil!y of New'Putjl!c I ranslt Ser,¡ces,: ~ - I' Summa"..e Potent:al FUndlOg Sources': ' ! ì ,!' T , OevelOp'Rèvenue Proedións fOr I:õlch Altemative, i ,I ~';titi Short- I erm Route 'Connechons/S",rvice Area i .' j Alternatives, '''' ., ---t-I I I ì : He<:ommel'd Performance Measur~ Thresholds Gr ,'- 'i ' Evaluatior1. I I I , f' Review I hresho"ds VVith MPO and C-ómnUMY franslt Staff i ' ' I ~telepr.one) I~! ó 112 ! 1!;i ; "0 1 2 i n!. --- - ~I'¡I. ----- ....¡ Sept '0' , 'fJë'f'~l 9 . 15-123 130 ; 114' 211 ! c --' I __I 1- , J---r-- I --I . i ------,. ! I ..:~-~ , , . j . : I , '1 ¡' I . I I j, "IT J't I . j ! ¡-----¡ _I i -L-J . i ~ --.-¡- I ;--,----1 ! -I '-'-1 1 ~ --Í-~l . '''-I _,I I i i , I 1 I - I -i ./ .11.... ;. ·1 I. :. I , -l I , ,~- -.! , i L -,-_ - _j , ;-1--1 I'-r 1 !. ---j : i --1 --c , , --i----L I ---L__ __0.---; . ; i ~. -----1 ! ~ / ;.';"'.+,_.,~ ..I , _I I .,' ,-,--¡ ;--1 I I I , " --- ---- ~ , ~~ ,,--- I" I, I , , ::i It) 1--;-. I I 1- : 1 l I ._--. 1 I 23 : 30 " . í'I---;' ¿ 1 .-! U",,'.:. J' 1)..1. I)" , ':'IJ 'Q"HJ ~~O ~LU~ / . '-' Ac;tivity Name 815 St3 18 ISSlon oa s an repare for Notice to Proceed M~lin9 Participate In Notice to ¡.>roceed Mliuiliing- ompde aria Review Re,,;!vs.ñt Plans end Documents -Conduct relephone Interviews 'Nitl1 CommuMy Leaders evelop 'Public involverneñr Progl'!lm - Draft I ectlnlcaiMemorandum 1-1 ask 1~2:oäta Base COmpilation o ect õncfÄnåtyze U¡¡¡la tor Existing Gond'tlons eVI"êw and SummanzEi"Rerevant Plans añël Documents deritlry and Geocode 'Future Developm'!nts en I onœñtratlons of Transi'tDepe,dant anQ Öt~ I User Populations . repilre Map Senes fo TD~/I U::iI", I Ôinaln/LJ:splay Ongins and Destmations for ~ampe Mont" I on uct a Trend AnalySIs of Historical Perfcrmance I onduet e ¡.>eer"evlew AnalysIs of PublIC TransIt ~érll'œs - 'j I ! Iden!Jfy EXlsti",g PUblic and Pnvate TranspOr'..ation Providers Conduct Situation Appraisåf' eet --,tfi Mi-'U and Comrnuf.íry I ranslt Staff rjlff Tê(-hn,cal Memorañàum 1-2- Þrepãre Draft 200' TDf' Prepare Flnal200ì TOP. t/ve I wo PresentatlOI1$ (Joint TÄC1CAC and MPd 'Board) as -: Tr.IfIspOl'tation oemånCl and Needs EStimation ¡imate Io'otentlal ûerriañd tor General PÜblic rranSlt SeNiœs. ~on uct Field UbservatÎoris ìhrolJghout tM County eci'Üit Pártrclpants far UISCUSSlon Group and Puolic' Workshop Host One DiscUssion Group ose ne TraaltJonal Puolic iivarli.snop ake Thri:!e Presentatioñ's-tõ Community G-'-oup Meetings Prepare Draft Tecl1niåJl ¡""emora~dum-'1:3 'TaSk 1-4: Altematrve ÄI1;¡tJysis .. ---- evelöp lV1elhcdOI?gy for Alternative AnalysjS:--' - He~le"" Mechodõlogy VVith MPO and COJmmunJty TranSIt Staff, ~~~~ : 'ASSess Feãsibillty ot New f5übric Ti'ãñSìt Serviœs, r ummanze POlentlal furClmg Sources. - 'OeŸelop Revenùe ProJeC:10rlS for Eactï Alternative' enti hort:Term Route Cor,neCl/ons/Service Area Alternatives, àcommerd Peffömance Me¡¡¡suré Thresholds for' Evaluation. I eVliíw Threshold:;; Wltn MPO and COmmUnity I ransit :Staff i (telephon~) '- ve$ D'ec '01 I 1 2 , 9 116~3~ 'r!-:.~ I I I , I , . I -----'1 I I -~j J -1 .f1 . "--;--; 'r=¡ !n I .J_-J l.L'-~j.l..J. ~c.l\ ...,¡ ~8T4 Nay '01 11 18·1 2,:, ~II, ,I I --- I" - ..--¡- I ' ./I_¡-_I . . ~ , i i i i ! ., I I -I -, I I .! I ! j I ,.-, I ,I-~ ! I , "'I ----¡- " -I , -+----1 ~ J I -¡ -/ , , -!~ _L -¡- , "---.--- -,..--.--- -;- i--+- I'~ --+- ¡-l I I -~ ,,~ -...J .. , ¡- L-H- r I. 'I I I I , I i r-' , .. i J ! I ¡ , , I --;--r- -: ,¡ , ~--r I j I ¡ , , - !- ! ! I I' I , J r ~ U~"~J"Ul IJ~: ;:1 'Q"ð1J ;:¡:b ;:lUb 11'.U:\!.L VL l 't.J\ ~I¡j,:' /' , '-' ...".¡ Activity Name I 1 2~ May '01 . , [) 13! 20 I 27 : ,j Jun'01 10 17 24 1 Jul 01 0;-15 , I .' Z2 ~ -==-- ¡ ¡cmpare ¡In lIa ua ~ ort- erm. eesl e ~âre Drat! [ ecnmcsi Memorandum 1-4". ¡ Give Two PresentatJoris(Jolnt CAClTÄC and MPÖ Board), : TasK 1-5: Selection of Preferred Alternative ! Recommend Short- rërm Service Improvements. iAš'sess fransit Govertung and OperatIng OptIons. ¡ RecrUlfPartlctpants for DIscussIOn "GfI;IuP and Pubhç e I I- Workshop. . .: I " i Host One·Dlscusslon Group. ~ 11106t TradttlonafPubllc wO(j(sr,op. , ' ¡ FII,\allze-Recommen'dat,ons for Servrce Improvements. -I ; i-- I ' ¡-prëSent' Recommendations at JÖint CAG/I AC and : I ; Mr:>OBoard. I I i 'Prepare Draft Technical Memorandum 1-5. I I ,I ~1-6: TDPITDSP ServICe Plan Preparåtion I i ~ ~are or9anlZatiOnlM~8gement Chart.! I: ~ 1'-,1 :. I. _! , Prepare ~inanClilI Pia, n. ---:--¡--- I l ' , I ¡--oeveloP Merkeflng Plan. I I I i I r' Develop Momlonng Program. "I ! : I' i I : I ' ¡Assess COnsiSI.ncy With Other Local Plans ! i I :- Identify StrategÎes lor COordinating I ranslt and LandlJsë.~· :='repare Implerr,entatlon Plari. . I ~ddre6$ Remaining ReqUiremeñts of I U~I"". . I - I Meet VVlth MFO ana Commur.lly ¡ ransit Slatt. , ; PreparåDraft lUi"rrDS-p and ¡"xecútive Summary. 1,'- . I ~Present uraft TDPn USI-' to'jomtT AC/CA"C Bnd MI-'U SQard I , ~are Fln:!!1 ¡UPt1'DSP and t::xecutlve Sum·mary. ¡i ' !Task 1-7; project Management ' -7 L i~JonttllY Status 'Reports I -- r . eëkl~ c_onference ~~IIS. ..._ I-'ro)ect Administration and Quality Cor.trol .. , 1- I .L-i I "~ -~ , !- I.~...L T I I .1 ·1 I i I ,-¡- ! : j "I I , I 1 Ii. i I ·1 '·'-1 -i'_I ; I.~ , I! ¡ :;' ¡-----;-¡- -I I·--¡t-¡+'J +--l--h. .-1 i~.i I I :. \ 1'- I I ._-~ I W~-¡ c_ll+_~-1 :,...: I .1-, ¡ ¡--¡ I " 1 ~. t---~--r- ..1 ] ! i I '1 i 1- L_-':_._. _..j _~_L I i I "-¡-, i . \ I , '~~~-w-' ! '-'--"~ _'u. ~~ ... I.' ;+ . .~ -1 ! I Ó 15! 2¿~'1 , ! ö I 1~ : ~U I <'7 I .j ! 1U ¡ ¡I , 24 . I 29 I - fJ-I,' 23 '0.11 t.l~: :ll 'Q"H,} 226 2106 '-' Tll'iDALE OL!iER /, ¡¡; II ~ 'J '...I Aug '01 12 ! 19 26 Sept '01 Oct 'ð"'1-' 2 I 9 -;-'Tô-' 23 -I 30 ì 14 t.1 I ) ,~ ì:' I I~i " I,· -','~_I ~-t:- ¡ : ·--1 , _: .,., '.; ~~--I "r ~~-~~=1 , I " _-j -: ---j -/ . I I I : I i-'.I--Ll . I ,,____',_ I ,';- ~ -''''--1 II I ,_~) , ~ ,~.~ - ¡- --j--i -J J -I,_L_~_,! ì :___~ ~ I ----I 'I I , I -r --¡--=r-î I: ' L-..-....o..- .._. Activity Name I ' 29 5 ·1 ompare an ï- Prepare Draft Teœnicii(Memorandum 1-4, Give Two Presentabons (Joint è~rrAC and MP-O Soard), ¡Task 1-5: S~leciion i:í;-PreælTed Altemative ~ècoinfT1e"d Short-Term Service Improveinent~. : Assess ¡ ransifGovemmg and Operating Options. f-Recruit PSlÎlClpants för DiSCUS~õlon Group and PuollC , Workshcp, ¡Host One DISCUSSion Croup. " Host ¡ radltJónal Public Workshop. ¡- Finalize Recommendations tor Service Impr:)vements, IP'resent Recommendatiöns' at J01nt C,;AC,;/I AC 'änd ¡ MPOBoard. Prepare Oi'atfl'echmC81 Memorandum 1·5, I task 1-6: TCP7'TDSP Se\'Vlce Plan Preparation I :-' Prepare OrganlZa~oNMänagemenl Charf. ~ Prepare Finàncli1 PI~n.: : Develop t.la¡'j(etng Plan. i Develop M6nj~ollng Program, Assess Consistency With Uth!:!'loëãl Plans Identify Strale\¡i~s for Coordlnallng Trànsit 2Ind Land Use. Prepare ImplèmèntatJon ¡-'Ian. Address Remall1lng ReqUirements Of IUSP.' :-r;reet With MPO and comi'nuOlly Transit Staff. I Prepare Draft Torn DSt' anëfExecutlve Summary. ' I ¡ . Present Dra" TDPrfOSP to JOint TÂC¡CAC 21M MPU t:!oard ' (prepare Final TDPfTDS? and E:xecutJVe Summary, i Task 1·7: projë<::t Management"' I , Monthly Status Reports i:eek,Y Conferer:ce Cãlls , reject A':1mlnl:UratJon anã QU¡'¡¡lty Control I ¡ I 1 ¡o, : . . ~ . I' I i I , , I I " ~- , I - j. L i '-~-'I I -~ I I i. , ! , Ii ; -; - , I:"""';'¡ _~_-...-...J. _! , I I , '.' . , I I j i , , ' ! i ~-I -ì :... ~¡ , , i I I I , 'Î -, ~ i -I , "1 , i ì '100 I 1_. ,,- , 'J , , I 1-· '- '. , ~l I" : , -~--; I , I ¡ -, I --. I ¡" . I ~ ". . I ~~"'~:-""'~"~~ , 'l~::-':::"T'-;, I. 'I ¡ i I . ___I I 1 ..;---r d 14 . ;':f_J .~_...¡ I , 29 I 5 I 12 , 19 , ;¿6 l_ '2 I 9 , 16 : 23 I 3" I . û~:~3, 01 'ð'H3 226 2106 T1.~D..u.J:: UL!\J::!< O~;22 , . \.... t::..;Hll. ..., Activ:ty Name I, Nov '[)1 '28 4 11 18 I Z5 2 Dee '01 I 9 ~ 16 i 2T 30 -I ort- erm, easl e reparé Or31'\ r ecnnlcaf Memorandum"l-4 G'ive Two PresentatIons (Jomt CÄ.~7TACañd M'PO Bcara), -5. Selection of Preferred Alternative Reçemmend Sr,ort-Term Service Impro~emen-ts.'--- ssess TransIt Governing and Operatiñg Option.';; 'Recrult "'artfcipants for DIscussion Grovp and P!Jblic WOrkShop. '-Host OM Discussion Group, st Tra;:lltlonall-'UOliC Workshop. I ~:neIlZe-P.ecomrnenCal]oñs-for Service Improvements. Present RecomrnendatlOns 'afjoont CAUT AC-ã:1d rv'!POBoard. rGpare Draft I ed1niciii Memaranduml-5. as :5; TbplTDSP Ser.íiee Plan Preparation repare OrganttatlonJManagemenl Chart, .. -. Prli!parE: F'!lanaal P'!<¡n, I [;VeIOP Ma*ellng Plan. . . .. Dëvelop Monltoring-Progr2n·... . ASsess ConsIstency Wtth Other Local"Plans höentIty Stralegles for CöordmatJn9 I ransitãiiã['and Use: n:::par'e ImplementatJõn·Plan. ress Remalnmg fo{equlrements at I U~P. eet I MPO and Commu'lity Tr;¡onslI Staft. , .. . ._.... ¡ 1 Prepare Dralt TDP«ðsp and c'(ecutille Summary. l ~ reseñfõraft TDPfTCiSP 10 JOint r AC1CÃC ;¡ond Mi-'U 'fõard.; -I repare Final TOPfTDSP and ExecutIVe summary, 'I' . åSI':'·7: Project llllãnagetnent ' , ,onttlly Status ~epafíš'- : + I ee y C'onference Calls proJecfAifministÍ'allon and QualítY Cor:trol ! I n 't)'JfIE.':'1-'-W-'" " \ - 1 ·f , , a.i , -¡-~ r- J I _ i 'I ; , , I I :,.~ 1--=4-Y I :--1 ;_.r~ --;~ ,¡ ---w ~ : I ì .__I~~ . T' i · --¡¡.! ~I l.~.' ~'-:, , I I ' I '. 1 · .. I -ì þo<_à- ~..-: , I , .; I . --ï' ~'7 ! i '-I , 1 !. I L I I , ; i ' . ----L--,_ ' ~ ;. ~ 7----r -- . ., --I' I I I .--+-----......0.--, ' r' i , , i I ., 1281 4 , I i I:, I ..1+ I ':I--r~-- ¡-..-:- 'J : I ! .'+1 :-. ! ¡---- , , I ',. I" ¡ ~.;+!~ ¡ .. 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Õ, ..' -;;1 ",. ... :¡; il '" '"" 0' ". .., cr.; ..I ;;; ;"'1 :.:' ~ ;! ~ :!iJ "1 :-'i I/) "I ~¡ 0, - ..., :J 0' "" ~ ,,, '" 1;, ... "'I _: ¿....! ~ .... I; -- ~i "" .....1 ~I ID .31 £1 E, :1 ::l ;0, ~ on' .., .~.I --, ~I ~: !::. II) E; '"" ¡¡,; Q" -I 'aJ ~¡ .. III' C' .: 8. 0 :i5' l: "'. g: ~, 0: ul ,,' C! ", ...; SJ !eo :to c :" "I S' -, fl.. ,"' õ' 0.1 g;1 Q,' '" /r' "'- c. ~. fl.' t/)! c 6' 0:1: .:. 0, 0: 0. 0' .. ¡-: '" :i "¡'; ~.! ::< ~: 1:::' 1::, S! ïi 8 -' 251 Ö. Š Q, ~ 0' ... ~I " ~I :; õ '¡: .., ....' >-1 C ~. .., ..I :.., ., ;;: .s¡. -= .. .ÇI .. ~ ð s;: ð ., -' ::>1 ër " ... "-... ... ~ ID '" I/) ;;) ~ . III .fJtrll) ...., ¡I '-' Bev Smith Toyota AUn: Liz Ivy 3350 South U.S. 1 Ft. Pierce, FL 34982 ItJ)(j{ L/ tf,1þ () r, !p fJ,J~ ( ~ 'r~,Jr1 The St. Lucie County Board of County Cormnissioners, in conjunction with The Solid Waste and ) Recycling Division is proud to present you with the first Commercial Recycling Partnership Award, 2000-2001. The county is in the second year of an increased effort to improve recycling in the business sector. Many other businesses have joined the partnership but your company has shown an outstanding cormnitment to make recycling work throughout your facility. ~~ .J BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT Dear Liz: i I ì C' L-.... APR - 5 2001 i !-0j i ° OO~ I April S, 2001 -) @ ---..-.--.---- Acting on an employee's suggestion, you have designed and managed an effective program that cuts your waste to the landfill in half. Your recycling program accepts cardboard, mixed office paper, cans, and bottles. By saving these materials from the landfill, they are returned to manufacturing and used for new goods. Your efforts help reduce air and water pollution and conserve natural resources for everyone's future. Your recycling program sets an example for other businesses to follow. As a prominent member of the bùsiness community you have shown that recycling at work is a success - even at a workplace as diversified as yours. As other businesses follow your lead, more resources will be saved. We thank you for your leadership role in St. Lucie County. Congratulations to everyone at Bev Smith Toyota and thank you for your participation in our recycling program. ¡VIr. !/-nde¡Jðf/. - VJe platt -k P(eJ~-f -fh';s caveu). o..f- ° a: ¡vta(1 {bvvz,m. ~dt'hj,-_ Doug Anderson, County Administrator This (fei/ä . í> VJYt If f:Vt t n;.-_ ~~~:~~:;o~~f~~~~~::~~;r ~CAÞtce fð ./k,ee-f a.'<'è.~;\i~f '0"" OW" '''.d '0 ,~:~:~s::d::~::n~r¡!!¡;r~r;ç~~~$ . ..... rum~ '0' 2300 Virginia Avenue . Ft. Pierce. FL 34982 Public Works: (561) 462-1485 . FAX (561) 462-2362 Division of Engineering: (561) 462-1707 Fax 462-2362 . Division of Road & Bridge: (561) 462-2511 FAX 462-2ð63 Division of Solid Waste: (561) 462-1768 FAX 462-6987 Division of Building & Inspections: (561) 462-1553 Fax 462-1735 · TDD (561) 462-1428 ì¡J'!4J- Herb Burgart Recycling !Waste Reduction Manager cc: .- *' '-" """'" ITEM NO. 2 A DATE: Mav 8.2001 AGENDA REQUEST REGULAR: (XX) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS PRiD BY' Herb Burgart RecyclinglWaste SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division SUBJECT: Staff requests the Board of County Commissioners present, along with Herb Burgart, RecyclinglWaste Reduction Manager, a Certificate of Award to the winner ofthe First Annual St. Lucie County Commercial Recycling Partnership Award, Bev Smith Toyota. BACKGROUND: One year ago, Bev Smith Toyota in cooperation with the county Office of Recycling implemented a business-wide recycling program. The program has been so successful, Bev Smith Toyota has reduced their solid waste being delivered to the landfill by 50%, as well as achieving a 50% savings in their overall waste disposal fees. FUNDS AVAILABLE: N/A PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends the Board of County Commissioners present, along with Herb Burgart, RecyclinglWaste Reduction Manager, a Certificate of A ward to the winner ofthe First Annual St. Lucie County Commercial Recycling Partnership Award, Bev Smith Toyota. COMMISSION ACTION: CE: o APPROVED 0 DENIED ctOTHER: Award presented ~ sAnderson County Administrator Review and Approvals BI County Attorney: :ry 0 Management and Budget: 181 Originating Dept: (Pub. Wk5.).t~<../18I Other: (Landfill! ~-- o Purchasing: o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. " ......, PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM ',',', ',',',V ,..... '.',',".~ .... . ,........... ...... ..... . . .. . '....,. . .... .... " .. .. ···....·····.'...·.'...·.......u..·.·, TO: FROM: Board of County Commissioners Leo J. Cordeiro, Solid Waste Manage~ DATE: May 8, 2001 RE: Commercial Recycling Award 4 The Office of Recycling implemented a commercial recycling awareness program in the first quarter of 2000. Herb Burgart, Recycling Coordinator/Waste Reduction Manager, has been working with several businesses that have implemented commercial recycling programs. The most successful program was instituted by Bev Smith Toyota. The program has been verified to have reduced their waste stream and level of trash service by 50%. The Office of Recycling has developed a commercial recycling partnership award to be given away annually to the most successful program. Additionally, the program provides all businesses wishing to be a commercial recycling partner with the County, a Certificate of Partnership and a window decal to place in their establishment. . f If you have any questions in regards to this program, please call me at extension 1631. LJC/am t / / '-" '-' AGENDA REOUEST ITEM NO. .;;" ,~ DATE: May 8, 2001 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. 01-94- Proclaiming June 2, 2001 as "YMCA DAY" in St. Lucie County, Florida; and further congratulating the YMCA of the United States of America on their 150th anniversary; and further congratulating the YMCA of the Treasure Coast on their 40 years of service in building strong kids, strong families, and strong communities. BACKGROUND: The year 2001 marks the 150th anniversary of the YMCA movement in the United States, and marks the 40 years of service on the Treasure Coast of the YMCA of the Treasure Coast. The YMCA is dedicated to building strong kids, strong families, and strong communities; and serves people of all ages, incomes, and abilities, through a wide variety of programs and services designed to meet changing community needs. Mr. John M. Lass, President/CEO of the YMCA of the Treasure Coast, has requested that this Board proclaim June 2,2001 as YMCA Day in St. Lucie County, Florida. The attached Resolution No. 01-94 has been drafted for that purpose. ( FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staffrecommends that the Board adopt the attached Resolution No. 01-94 as drafted. '-" ""'" COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: u as Anderson County Administrator County Attorney: Jd' Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only. if applicable)___ Eff. 5/96 , / ; '-' ....., RESOLUTION NO. 01-94 A RESOLUTION PROCLAIMING JUNE 2, 2001, AS "YMCA DAY" IN ST. LUCIE COUNTY, FLORIDA; AND FURTHER CONGRATULATING THE YMCA OF THE UNITED STATES OF AMERICA ON THEIR 150th ANNIVERSARY; AND FURTHER CONGRATULATING THE YMCA OF THE TREASURE COAST ON THEIR 40 YEARS OF SERVICE IN BUILDING STRONG KIDS, STRONG FAMILIES, AND STRONG COMMUNITIES WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The year 200 I marks the 150th anniversary ofthe YMCA movement in the United States, and marks the 40 years of service on the Treasure Coast of the YMCA of the Treasure Coast. 2. The YMCA is dedicated to building strong kids, strong families, and strong communities; and serves people of all ages, incomes, and abilities, through a wide variety of programs and services designed to meet changing community needs. 3. YMCA of the Treasure Coast lives its mission every day. "To put Christian principals into practice through programs that build a healthy spirit, mind and body for all". 4. The YMCA movement in the United States serves nearly 18 million members per year as an organization that is volunteer-founded, volunteer-based and volunteer-led. 5. YMCA of the Treasure Coast programs provide a spirit of adventure that challenges members to learn new skills, try new activities and explore other cultures while being good citizens in their community. 6. YMCA of the Treasure Coast provides parents with high-quality, affordable child care; provides teens with a safe place to go after school, provides families a fun, affordable place to spend time together; provides seniors with social and wellness programs; and provides healthy programs ,. I' I '-' ,."" and services for everyone in the community. 7. YMCA of the Treasure Coast is part of a national movement that serves 9 million children per year, is the nation's largest child care provider, currently serves one in ten teens, and incorporates the values of caring, honesty, respect and responsibility into all of its programs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofS1. Lucie County, Florida: I. This Board does hereby proclaim June 2, 2001, as "YMCA DAY" in S1. Lucie County, Florida; and further congratulates the YMCA of the United States on their 150 year anniversary; and further, congratulates the YMCA of the Treasure Coast on their 40 years of service in building strong kids, strong families, and strong communities. 2. This Board urges the citizens of St. Lucie County to participate with their families in the activities provided by the YMCA of the Treasure Coast. PASSED AND DULY ADOPTED this 8th day of May, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY fII1 " Apl"'", 03 2001 1: ~"'PM HP LASERJET 3200 \w p" 1 """" , 0 ý\ '7 rOG\Ct,l~ QOVì(ì lG\ ~ liML schaiuiu iÐ('jJtçi<6~ nð SCGt ' ¡5~1Li ~ \{ ¡v\C~ /1 FAX "Drl from Y YMCA ofth. Treasure Coa,. Deborab M. Johnson Vice Pnmident CommunicatiollS DATE: April 3,2001 PAGES: 3 TO: Diane Turner FAX: 462-2131 RE: YMCA Proclamation lJIG-? 5ent- flA1iCuL Pur cAð-lDcv()dd1 UJþ. YMCA ofttle Treasure Coast diobnson@vmca-tc£1 rq 1700 SE MOIIICrey R.oad Stuart, Florida 34996 (561) 221·9622 Ext. 238 Fax# (561) 22()-4198 , Apl"'., 03 2001 1: !'~PI1 HP LASERJET 3200 ~ '-" 1$9 Corpanlt otI'kt 1700S.E.~ Road StIw1. FL 34!/96,4109 ('61)~86-444~ (561) 286-4643 FIX (561)22J-91122 QiJiclt_u.. FlDaDdal ÐneloplIHnt 0fIIee Fo.-in Plaza 10016 S.l'odtnIHi¡hwq¡ Port St Lucie. FL 349!2 (561) 337-7110 (561),)37-1113 Fax Rkltaftl C. GeIII......, Sr. Bruù 11% S.E. Montony Rod SNm.FL 1_4109 (561)286-4444 (561) 2$6-46., Fax J"'p FIua C. Dame BnRdl 9113 So>uIh 21" S_ Ft~~.FL 32950 (S61)<I6S-03~ (S61)4óS-0944 F$K lBd..atowa Brucb 11311 S,W. 151t S1mt bxIia2>1o...,. FL 34956 (Slil) $91.3700 Port !It. LacIc Bruch FOUIItain PI... 10016S, ._.IH'hway 1'ort St Luøío. FL 34952 (561) 33MIla (56!)'>3?-?!l' Fa YMCA Gy...-b 2769 S.E. M_ SImt SIDa1t, fL 34m ($il) 223-!606 .$i1)223·18~1 fa>:. Wo"otte www.~fl.CII1I p.2 ....,I y YMCA of the Treasure Coast We build strong kids, strong families, strong commurùùes. April 4, 2001 Douglas Anderson Administrator St. Lucie County VIA Fax# 462-2131 Dear Adminístrator Anderson, On behalf of YMCA of the Treasure Coast r am writing to ask that you help UfI mark a momentous occasion. This year the YMCA movement is ce1ebratin¡ I SO years of community service in America. The YMCA of the Treasure Coast is proud to be part of a movement with such an extraordinary history and is planning celebrations throughout the year to mark both YMCAs' collecmve histol'y and our own J'MCA., 4' yeMS of Hnlce 011 the TrwIsff1'Ø COtUt. It would be a tremendous honor for the YMCA of the Treasure Coast if you were to issue a proclamation recognizing the YMCA of the Tre8$UI'e Coast's and the YMCA movement's achievements in building strong kids, strong families and strong communities. . Specifically, we would like to have you issue a formal proo1amation. I have enclosed a fact sheet that highlights the YMCA oftbe Treasure Coast'. wide nmge of programs and servi.çes, all designed to serve our community regardless of the ability to pay. Upon review, I think you wilL understand why r am a dedicated "'Presentative for this organization. Every day we live our mission and serve people of all ages, moomes and abilities. I look fOtWard to further discussing this most deserving proc1amation recognizing the contributions the YMCA of the USA and the YMCA of the Treasure Coast have made to out local <:ommunìties. I can be reached at «561) 221-9622 Ext 226 (Ø' via emai1 at jlasS@ymca- tefl.erg. "ll11.l,,µ/ lohn M. Lass President/CEO . YMCA ofthe.TreISUfe Cor4st V"~i~ To f"" Cfi¡¡.,~ ,..onþJ~ m'. P"'~~¡ :...m. <1m' build h_.f,by '1"';'. """" I'" f~.u. / Ap~~ 03 2001 1:~3PM HP LASER JET 3200 '-' ...",1 p.3 Sample Text for Legislative Proclamation WHEREAS, the year 2001 marks the 150th amiversary of the YMCA movement ín the United Statœ, and marks the 40 years of service on the Treasure Coast of YMCA of the Treasure Coast; and WHEREAS, the YMCA baa touched the lives of virtually all Americans, from pioneering camping, public lìbraries, night schools, group sw.imming lessons and lifesaving, and teaching English as a second language to inventing basketball and volleyball; and WHEREAS, the YMCA is dedicated to building strong kids, strong famiHes, strong commwrities; and WHEREAS, the YMCA serves people of al1 ages, mcom.es and abilities through a wide variety of programs and services designed to meet changing community needs; and WHEREAS, YMCA of the Treasure Coast lives its mission every day, "To put Christian principals into practive 'through programs that build a healthy spirit, mind and body for al1. "; and WHEREAS, the YMCA movement in the United States seJ:V1:S nearly 18 million members per year as m orgJlniza.tion that is volunteer-founded, volunteer-based and volunteer-led; and WHEREAS, YMCA of the Treasure Coast programs provide a spirit of adventure that challenges members to learn new skills, tty new activities and explore other cultures while being good citizens in their community; and WHEREAS, YMCA of the Treasure Coast"provides parents with rogh-quality, affordable child care; provides teens with a sage place to go after school' provides families a fun, affordable place to spend time together; provides seniors with social and wel1ness programs; and provìdes healthy programs and servic~ for cvayone in the community and WHEREAS, YMCA of the Treasure Coast is part of a national movement that 5erve8 9 million children per year, that is the nation's largest child care provider, that cmrently serves one in 10 teens, and that incorporates the values of caring, honesty, respect and responsibility into all of its programs; and WHEREAS, the YMCA movement bas a Jong history of partnerships with other community organizations, such as schools, hospitals, police depart1ncDts and locally with the Martin County Sheriff's Office, The Stuart News, BJ's Wholesale, BeUSoutb, Publix Supermarkets and so many more; and WHEREAS, the 150th annìversuy of tbe YMCA movement and the 40 years of service to the Treasure Coast as YMCA of the Treasure Coast celebraœs the distinguished history of the organization and benefits that the people of Martin, St. Lucie and Indion River Counties have enjoyed all a result of'lhe proud tradition oftbis organization; now, THEREFORE, be it resolved ¡.Dianei:~rne~ ~RE~Proclar 'on "" From: To: Date: Subject: "Deborah Johnson" <djohnson@ymca-tcfl.org> <TurnerD@stlucieco.gov> 4/9/01 9:32AM RE: Proclamation Diane, John forwarded your message to me regarding the proclamation. Here are answers to your questions. 1. We would like to commemorate Saturday June 2, 2001. Our national office if seeking a national proclamation from Congress to declare that day YMCA Day.;&his day will also feature a celebration of the YMCA history. 2. - <!.~ay 8, 2001 on the agenda. John Lass,President/CEO and or Deborah Johnson, VP of Communications to attend. Should you have any further questions, please feel free to contact me. Deborah M. Johnson VP of Communications YMCA of the Treasure Coast (561) 221-9622 Ext 238 djohnson@ymca-tcfl.org -----Original Message----- From: John Lass Sent: Friday, April 06, 2001 1 :59 PM To: Deborah Johnson Subject: FW: Proclamation -----Original Message----- From: Diane Turner [mailto:TurnerD@stlucieco.gov] Sent: Friday, April 06, 2001 1 :07 PM To: jlass@ymca-tcfl.org Subject: Proclamation .. Low Priority·· Mr. Lass, Mr. Anderson has received your request for a proclamation to celebrate your 150 years. I need to know what day, week or month you wish to proclaim. Also, I need to know what Board meeting agenda to put it on. We meet the 1 st and 3rd Tuesdays at 7:00 PM and the 2nd and 4th Tuesdays at 9:00AM. I will need to know the name of the person that will be present to accept the Proclamation. You can reply via email, or by phone. 561/462-1156. Thank you, Diane Turner Assistant to the County Administrator ...., Page 1 ¡ I"-""·"''T: ¡-Diane Turner -RE:. Proclar 'ion ~c.c ..",; Page 2J cc: "John Lass" <lassj@YMCA.YMCAofTC.com> ~ ....J AGENDA REOUEST ITEM NO. ..Æ...4. DATE: May 8, 2001 REGULAR IX] PUBLIC HEARING I ] CONSENT I ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 4 Resolution No. Ol-µOO - Proclaiming the month of May, 2001, as "CIVILITY MONTH" in St. Lucie County, Florida. / ~ BACKGROUND: 4 The open exchange of public discourse is essential to the democratic system of government; and, as a cornerstone of democracy, Americans have observed certain rules of behavior generally known as civility. ~ Alexandra M. MacLennan, Chair for the City, County and Local Government Law Section of The Florida Bar has requested that this Board proclaim the month of Mayas Civility Month in St. Lucie County, Florida. The attached Resolution No. 0 I-I 00 has been drafted for that purpose. FUNDS A V AIL.: . PREVIOUS ACTION: f RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-100 as drafted. COMMISSION ACTION: I ~ APPROVED [] DENIED [ ] OTHER: County Atto~ney: O~iginating Dept. '-' Review and Approvals G , I y--< Management & Budget Othe~: Finance: (Check fo~ Copy only, if applicable)___ ....- Purchasing Othe~: Eff. 5/96 . ~ ~ . 4 , '-"' ...,¡ RESOLUTION NO. 01-100 A RESOLUTION PROCLAIMING THE MONTH OF MAY, 2001, AS "CIVILITY MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The open exchange of public discourse is essential to the democratic system of government; and, as a cornerstone of democracy, Americans have observed certain rules of behavior · generally knOwD. as civility. · 2. Civpity, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others. · 3. Displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal t attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government. 4. Civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and can uplift our daily life and make it more pleasant to live in t an organized society. · NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim the month of May, 2001, as "CIVILITY MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens ofSt. Lucie County to exercise civility toward each other, not only during Civility Month but each day of the year. .. '--' ....,tI CITY ~OUNN AND LOCAL GOVERNMENT LAW SECTION .,.>[\$.I'iIt, ,,'IP" &\.~ .~~ . . ~"f; .vi "~ð'~.Oft\"#''' - www.loc-gov-Iaw.org CHAIR: Sandy MacLennan 225 Water Street, Ste. 2100 Jacksonville, FL 32202-5154 (904) 366-2462 amaclennan@ssd.com CHAIR-ELECT: Susan H. Churuti 315 Court Street Clearwater, FL33756-5165 (727) 464-3354 schuruti@co.pinellas.tl.us SECRETARYITREASURER: Thomas Pelham 909 E. Park Ave. Tallahassee, Fl32301-2646 (850)222-5984 tgpelham@aol.com IMMEDIATE PAST CHAIR: Mark P. Barnebey Bradenton, FL 34205-7841 (941 )744-9691 SOARD LIAISON: Louis Kwall, Clearwater (727)441-4947 EXECUTIVE COUNCIL: Terms Expiring 2001: DIstricl1 Cari L Roth Tallahassee (850)488-0410 District 2 Kenneth W. Buchman Plant City (813) 752-3172 Terms Expiring 2002: District 3 Craig H. Cotler Miami (305) 375-5t51 District 5 Kaye Collie Orlando (407) 836-5695 Terms Expiring 2003: District 4 Eugene Steinfeld Margate (954) 972-6630 Terms Expiring 2001 At-Large Members: Emeline C. Acton Tampa (613) 272-5670 Protessor James J. Brown St. Petersburg (727) 562-7855 Liz Hernandez Coral Gables (305)460·5218 Lawrence A. Levy Miami Beach (305) 673-7470 Susan L Trevarthen Ft. Lauderdale (954)763-4242 Maureen S. Sikora Bradenton (941)745-3750 Ex-Officio Members: All Past Chairs SECTION ADMINISTRATOR: Carol Kirkland The Florida Bar ckirkland@flabar.org ~~ April 23, 2001 The Honorable Frances Hutchinson, Commissioner St. Lucie County 2300 Virginia Avenue, Room 304 Fort Pierce, FL 34982-5652 Re: Proclamation and Pledge of Civility in the Month of May Dear Commissioner Hutchinson: Last year we successfully commenced our annual campaign to ask all cities and counties in the State of Florida to proclaim Mayas Civility Month. This year we have expanded our program to include Florida's district school boards. We hope that the pledge of civility will uplift the tone and conduct in your meetings. Civility uplifts our common life, and invites citizens to participate in their school district. The art of civility requires constant application everyday. For this reason, the members of the City, County, and Local Government Law Section of The Florida Bar ask you to renew the pledge of public conduct, and ask that your local government once again proclaim the month of Mayas Civility Month. A sample proclamation is enclosed for your use. We urge all citizens to exercise civility toward each other throughout the year. Thank you for your attention to this important matter. Sincerely, . ('JJNrl/McAAIJ. ~ Alexandra M. MacLennan Chair Enclosure AMM:CK:kcT2.wpd :=brcdfìOXì ~ u Son 34-0-ll~\ THE FLORIDA BAR/650 APALACHEE PARKWAYfTALLAHASSEE, FLORIDA 32399-2300/ (850) 561-5631/FAX: (850)561-5825 'ì [D.iane Turner- Sherri 3407~ 1 '-' From: To: Date: Caller: Company: Phone: Angela Huff Diane Turner 5/1/01 8:46AM Sherri Johnathon Ferguson's office 3407781 [] Telephoned [] Will call again [ ] Wants to see you [ ] Urgent Will accept civility month proclamation on May 8th. '-' [ ] Please call [] Returned your call [] Came to see you Page~ '-" 'wi AGENDA REOUEST ITEM NO. ¿; b DATE: May 8, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBÆCT: , H Resolution No. CÜ-I01 - Proclaiming the week of May 6, 2001, through May 12,2001, as "DRINKING WATER WEEK" in St. Lucie County, Florida. BACKGROUND: The American Water Works Association (A WW A) has designated May 6 - 12, 2001, as National Drinking Water Week to educate consumers about the need for safe drinking water and water conservation and the ways in which they can help save the state's precious water resources. The St. Lucie County Utilities Director has requested that this Board proclaim the week of May 6, 2001, through May 12,2001, as Drinking Water Week in S1. Lucie County. The attached Resolution No. 01-101 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board adopt the attached Resolution No. 01-101 as drafted. ~] APPROVED [] DENIED [ ] OTHER: D as Anderson ounty Administrator COMMISSION ACTION: , County Attorney: Originating Dept. ......., r L(¡ /-'''- Review and Approvals Management & Budget Other: Finance: {Check for Copy only. if applicablel___ , 'I !; ~' ;; Purchasing Other: .....J Eft. 5/96 , \..- .~ AGENDA REOUEST ITEM NO. Lo DATE: May 8, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Resolution No. 01-87 - Requesting the State of Florida Enforce the Usury Law and Other Consumer Protections Against Payday Lenders BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-87 as drafted. [ ] APPROVED [] DENIED ~] OTHER: Pulled prior to meeting. COMMISSION ACTION: County Attorney: /\ l/'\ k-J"" - Review and Approvals Management & Budget: Purchasing: Originating Dept. Sheriff: Other: Finance: " " ~ '-'" ..." RESOLUTION NO. 01-101 A RESOLUTION PROCLAIMING THE WEEK OF MAY 6, 2001, THROUGH MAY 12, 2001, AS "DRINKING WATER WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. The American Water Works Association (A WW A) is an international nonprofit scientific and educational society dedicated to the improvement of drinking water quality and supply. Founded in 1881, A WW A is the largest organization of water supply professionals in the world. ¡~ 2. With more than 50,000 members representing the full spectrum of the drinking water community, the A WW A is dedicated to the promotion of public health and welfare in the provision of drinking water of unquestionable quality and sufficient quantity. 3. The Association consistently promotes water conservation by establishing educational networks, supporting research for water use efficiency, developing water conservation and quality guidelines, and disseminating water conservation infonnation. 4. The American Water Works Association has identified an additional opportunity to raise conservation awareness and has designated May 6-12, 2001, as National Drinking Water Week, to educate consumers about the need for safe drinking water and water conservation and the ways in which they can help save the state's precious water resources. 5. In order to promote water conservation, the A WW A has created programs and initiated campaigns to be utilized by its members to educate the public on the issues of water conservation such as the "Blue Thumb" campaign and the "Water Works Wonders" current campaigns. 6. To save water, many segments of agriculture and industry have converted to water , " I \.or 'WIll conserving systems for irrigation; and every business, industry and homeowner can make a difference when it comes to conserving water, a natural resource that is vital to everyone. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim the week of May 6, 2001, through May 12, 2001, as "DRINKING WATER WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to become more aware of the need to save our preciol7s water supply and to take appropriate measures to conserve and protect this vital natural resource. " H PASSED AND DULY ADOPTED this 8th day of May, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ". '-' ...." i}êfl\' j t y MEMORANDUM PUBLIC WORKS DEPARTMENT TO: Board of County Commissioners Ray Wazny, Public Works Director jL FROM: SUBJECT: Scoping Document/Marine Protected Areas DATE: May 3, 2001 ****************************************************************** Attached is the Scoping Document which was passed out at a public meeting held on May 2,2001. Staff will agenda this item for discussion at the Commission meeting on May 8, 2001. 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A publication of the South Atlantic Fishery Management Council pursuant to National Oceanic and Atmospheric Administration A ward Number NA 17FCl 053 ,. '-' Marine Protected Are~cOping Document Scoping meetings are less formal than public hearings and occur prior to the Council taking any position on a management issue. When the Council is considering the need for management, scoping meetings provide an opportunity for members of the public to make suggestions BEFORE the Council has made any decisions. The purpose of this document is to request that the public provide additional and specific input on possible areas that the Council should examine in their consideration of marine protected areas (nearshore and/or offshore, natural and man-made), emphasizing the habitat and the species associated with the snapper grouper complex as an additional, necessary management tool. . What are Marine Protected Areas? The Council will now be using the term MARINE PROTECTED AREAS in place of the term marine reserves. This change is necessary in order to be more consistent with pending Federal guidelines. Marine protected areas, as defined in Presidential Executive Order 13158, means any area of the marine environment that has been reserved by federal, state, territorial, tribal, or local laws or regulations to provide lasting protection for part or all of the natural and cultural resources therein. The Council further defines marine protected areas within its jurisdiction as a network of specific areas of marine environments reserved and managed for the primary purpose of aiding in the recovery of overfished stocks and to insure the persistence of healthy fish stocks, fisheries, and habitats. Such areas may be over natural or artificial bottom and may include prohibition of harvest on a permanent or lesser time period to accomplish needed conservation goals. f The following types of actions are available to the Council, but during this secoud scopiug process, the Council is focusing on Type 2 management actions to protect the snapper grouper fishery: . Type 1. Permanent closure / no-take Protects entire marine communities through prohibition of all fishing and collection of marine organisms, with the exception of permitted scientific or educational activities. Tvpe 2. Permanent closure / some take allowed Protects specific elements of the marine community through prohibition of fishing and collection of targeted species. Exceptions for permitted scientific and educational activities. Marine Prot~ Areas Sroping Document -...I . " Tvpe 3. Limited duration closure / no-take Protects entire marine communities through prohibition of all fishing and collection of marine organisms for a specified period of time (minimum I year). Exceptions for pennitted scientific and educational activities. Type 3b. Spawning area closure / no-take Protects known spawning areas of snapper grouper species through the prohibition of all fishing and collection of marine organisms for a specified period of time corresponding with spawning periods. Exceptions for pennitted scientific and educational activities. · Type 4. Limited duration closure / some take allowed Protects specific elements of the marine community through prohibition of fishing and collection of targeted species for specified period of time (minimum of I year, with time certain 5 year reviews for assessment of achievement of objectives). Exceptions for pennitted scientific and educational activities. · Type 4b. Spawning area closure / some take allowed Protects known spawning areas of snapper grouper species through the prohibition of fishing for specific species for a specified period of time corresponding with spawning periods. · During this second scoping process, the Council is focusing on Type 2 management actions. It is the Council's intent to specifically review areas suggested by the public and the Marine Protected Areas Advisory Panel, using maps of offshore areas, primarily aimed at protecting deepwater snapper grouper species (e.g., speckled hind and warsaw grouper) and taking into consideration criteria the Council has identified (Appendix B). At this time, it is the Council's intent to prohibit fishing for and/or harvesting/possessing species in the snapper grouper management unit (Appendix C) in any areas designated as a Type 2 marine protected area. It is not the Council's intent to prohibit fishing for and/or the harvesting/possession of pelagic species, however, the law ~nforcement concerns listed in Appendix D are critical concerns and must be addressed. The public is invited to comment on all types of actions the Council has described. What is the South Atlantic Fishery Management Council (SAFMC)? The South Atlantic Fishery Management Council, headquartered in Charleston, S.C., is responsible for the conservation and management of fish stocks within the federal 200- mile limit (often referred to as the Exclusive Economic Zone or EEZ) off the coasts of North Carolina, South Carolina, Georgia, and east Florida to Key West. 2 ". '-" Marine Protected A~coPing Document Congress established the Council along with seven other regional fishery management councils with the passage of the Magnuson Fishery Conservation and Management Act (now called the Magnuson- Stevens Act) in 1976. The Council's membership is a balance of commercial and recreational fishermen, marine scientists, and state and federal fisheries managers, who combine their knowledge to prepare Fishery Management Plans (FMPs) to manage the living marine resources within the South Atlantic region. Fishery Management Plans are prepared through a deliberative planning process that includes public input provided by fishermen and other persons concerned with management of these resources. Council members serve on committees which address issues specific to certain species or Council affairs. The Marine Protected Areas Committee (formerly the Marine Reserves Committee) was established in 1997 in response to the growing realization of the potential utility of marine protected areas as a fishery management tool. . The Council established a Marine Protected Areas Advisory Panel (formerly the Marine Reserves Advisory Panel) in 1999 which is made up of recreational and commercial fishermen, scientists, environmentalists, and other interested members of the public to advise the Council. Appendix A contains a list of phone numbers and addresses of Council Members, Marine Protected Areas Advisory Panel Members and Council staff responsible for marine protected areas. 4 What is the history of marine protected areas in the South Atlantic? 1990 - The potential for using marine protected areas within the snapper grouper fishery first originated with the Council's Snapper Grouper Plan Development Team (PDT). This technical group prepared a report (April 1990) entitled The Potential of Marine Fishery Reserves for Reef Fish Management in the U.S. South Atlantic. The Plan Development Team offered this approach because they believed it was the only viable option for maintaining optimum size, age, and genetic structure of slow growing, long- lived species over the long-term. The Council received an extensive briefing on marine protected areas at the February 1990 Council meeting. This provided an opportunity for the Council to discuss marine protected areas as a concept and to hear about experiences with marine protected areas in other parts of the world. . 1992 - Marine protected areas were initially considered as a possible option in early discussions on Amendment 4 to the Snapper Grouper Fishery Management Plan, however, the Council determined the concept should be addressed separately and scheduled scoping meetings in each of the states. During 1992 the Council held scoping meetings. 1993 - During the 1992 scoping process support for and against the concept surfaced. The Council reviewed the scoping information at the January 1993 meeting and decided to (1) recommend to National Marine Fisheries Service that they convene a Scientific Review Panel to review the concept of marine protected areas and (2) drop consideration of the marine protected areas concept at that time. 3 Marine prot~ Areas Scoping Document ."", , ~ 1994 - The previously designated Oculina Bank Habitat Area of Particular Concern (HAPC) off Ft. Pierce in eastern-central Florida was declared the Experimental Ocu/ina Research Reserve (EORR). This area, measuring 4 by 23 nautical miles with depths between 30 and 75 fathoms, was closed to bottom fishing for a period of 10 years to allow for scientific studies in a closed area. The 10 year sunset was specified to ensure establishment of a proper research and evaluation program. In 1995, the closure was extended to include all anchoring within the boundaries of the experimental closed area. The area was closed to bottom fishing to enhance stock stability and increase recruitment by providing an area where deepwater species (snowy grouper, golden tilefish, speckled hind, and warsaw, misty and yellowedge groupers) can grow and reproduce without being subjected to fishing mortality. Fishing mortality results in severe reductions in numbers of males and altered size/age structure. This effect is magnified when fishing in areas where these groupers gather for spawning. Such spawning aggregations have been observed in the Ocu/ina Habitat Area of Particular Concern. . 1995 - A scientific review of the 1990 Snapper Grouper Plan Development Team report was completed by the Scientific Review Panel as requested by the Council. The panel consisted of international experts with different experience in fishery science, marine protected areas, ecology, fish genetics, sociology, and economics. The Scientific Review Panel concluded that properly designed marine protected areas, in combination with other management measures, can be an effective management tool for reef fish resources in the U.S. South Atlantic region subject to the following conditions: (1) biological, ecological, social, and economic objectives of the marine protected areas are clearly specified; (2) the relative biological, ecological, and economic impacts of marine protected areas in the context of other fishery management measures have been estimated for various constituents; and (3) the development of marine protected area proposals proceed with the involvement of all constituencies and stakeholders. Also the scientific review panel concluded that recognizing the alanning declines in stocks of key fishery species, the panel would urge that marine protected area options be considered immediately as part of a comprehensive fisheries management plan to prevent" irreversible loss to species and fisheries. . 1997 - In further developing Snapper Grouper Amendment 8 (and later Amendment 9), the Council realized that severe impacts would be felt by fishennen if necessary percentage reductions in catches of overfished species were imposed to achieve the mandated fishery management goals. Marine protected areas once again surfaced as a potential alternative to fisheries closures. Also in 1997 the Council accepted portions of the Final Management Plan to the Florida Keys National Marine Sanctuary that designate one larger reserve that extends into the Council's jurisdiction and 12 small preservation areas that also function as marine protected areas. These areas are being evaluated and will be reexamined at a five year review. 4 , . \.,.- Marine ProteCted A~coping Document 1998 - After deciding to reconsider the possibilities of marine protected areas, the Council proceeded to take steps to initiate a fact-finding process using the Marine Protected Areas Committee and the Advisory Panel. 1999 - In May 1999, the Marine Protected Areas Advisory Panel unanimously passed a motion confinning that the Panel believes there is potential in using marine protected areas as a fishery management tool. 2000 - The Council then laid out a deliberative process by which they would determine if marine protected areas were a tool that they should use to manage fisheries in the South Atlantic. This process included a series of infonnal meetings that Council members and staff attended in the spring of 2000. Any organizations that requested to could have a Council member and/or staff member come and talk with them about the potential use of marine protected areas. It was the Council's intent to begin a dialogue with stakeholders on ways to solve the overfishing problems in the South Atlantic Snapper Grouper Complex and to ask the public if they thought marine protected areas may be one answer to a complex problem. The stakeholders voiced many different opinions on the use of marine protected areas. There was an equal amount of support and opposition for no-take marine protected areas, but many variations were offered from all sides. Many groups were in support of protecting known spawning areas from fishing, and creating artificial habitats and prohibiting fishing in these areas. The responses the Council heard from the more formal scoping meetings they held later in the spring of 2000 were similar. In September of 2000, after reviewing comments received from the informal meetings and scoping meetings, the Council voted to move forward with the utilization of marine protected areas. 2001- At its March 2001 meeting, the Council voted to move forward with a second round of scoping meetings to request the public recommend specific areas to protect deepwater snapper grouper species. 5 Marine Pro~d Areas Scoping Document ..., . " GOALS Develop the concept of marine protected areas to: · Supplement fishery management practices, thereby providing a buffer or insurance against overfishing and directly increasing spawning stock biomass and providing potential alternatives to fisheries closures; · Manage the ecosystem as a whole, thereby providing a buffer against fishery collapse caused by environmental change, or unexpected natural events or events resulting from human activity; · Protect, restore and improve Essential Fish Habitat (EFH) and EFH - Habitat Area of Particular Concern HAPCs; and · Provide areas to serve as a benchmark for management trials or experiments and to improve scientific understanding of species under management. Reasons why the Council has decided to use marine protected areas: Faced with fishery closures for individual species, and with further extreme gear or quota reductions, the Council reinitiated the question of using marine protected areas as a fishery management tool. In 1997 and 1998, when the Council amended the Snapper Grouper Fishery Management Plan, marine protected areas were included as a discussion item for the purpose of evaluating them as a long-term approach to restoring and maintaining the health of the snapper grouper resource. Although marine protected areas were not proposed at that time, a number of realizations surfaced including: '* Traditional fishery management practices aren't working to achieve all the Council's objectives and mandates, and marine protected areas may be useful to supplement traditional methods. . 1. The snapper grouper fishery is a multi-species fishery and often times, when single-species management plans are applied, they do not work. Many fish that are prohibited or restricted are still being caught and killed (e.g., speckled hind and warsaw grouper). Even if released alive, mortality is high. Traditional management measures such as minimum sizes, quotas, and closure for individual species don't work if the species continues to be caught and killed as bycatch. 2. The status of most reef fish stocks is unknown in the southeastern United States, and stock information is available for only 23 out of 73 reef fish species in the snapper grouper complex. This lack of information makes management more difficult. 6 í ~ Marine Protected A~Scoping Document 3. Fishes produce eggs in proportion to their body size. A red snapper that is 24 inches long produces as many eggs as 212 red snappers that are 17 inches long. Traditional fishery management plans use minimum sizes, which allow fish to mature and spawn one or more times before being caught. However this practice (and the desire by fishennen to catch large fishes) results in the biggest genetically fit individuals, which produce the most eggs, being removed from the population. 4. In addition to being very diverse, reef fishes have complex life histories that make them more susceptible to being overfished. Certain reef fishes change sex at some point in their life. When those species are overfished it changes the ratio of males to females within the population. Many of them are very large (a jewfish can reach 700 pounds), grow slowly, are long lived, and mature late in life. It takes a long time to replace a large, old grouper. Because these fish mature late in life, they often reach marketable size before they have matured and spawned for the first time. Fishes that live long have evolved this behavior to survive years of poor environmental conditions which limit survival of young fish. They have the genetic makeup that insures survival of the species, and by spawning late in life they pass these survival genes along to the next generation. Removing these fish before they are mature results in fish that spawn at a smaller size contributing to the gene pool of the species, which leads to undesirable genetic traits. 5. Many species fonn spawning aggregations on shelf-edge reefs, and aggregations are predicable and easily exploited. Fishing of spawning aggregations has also been implicated in the declining male to female sex ratios of gag and scamp in the South Atlantic. Such losses may negatively affect reproductive success. No management plans currently in effect are designed to preserve the size, age, social structure, or the natural sex ratios of reef fish stocks. 6. For gag, red porgy and vennilion snapper to achieve optimum yield the necessary percentage reductions in fishing mortality exceed 50%. Recognizing the severe impact such reductions would have on fish ennen, and the potential for similar reductions on other species, the long-tenn solution may require use of area closures to achieve some of the necessary reduction in fishing mortality. 7. The worldwide demand for fish has increased dramatically in the last several decades, primarily because of increasing populations but also because of per- capita increases in consumption. In addition, an increased ability to locate and capture fish, both recreationally and commercially, through advances in fishing technology (GPS, loran, and electronic fish finders) has increased fishing pressure. Coastal growth, coupled with the advent of better navigational/locational electronics, more fuel efficient engines, more disposable income such that more and more people can afford bigger boats and go farther offshore, have made reef fishes everywhere more accessible to fishing pressure. 7 Marine protec~reas Scoping Document .....J \. :&-. ~ The concept of marine protected areas will address management of the ecosystem as a whole, much like terrestrial refuges, reserves and national park systems are used to manage forest and other ecosystems. 1. Besides protecting stocks, pennanent closed areas also protect physical habitat, age structure, biodiversity, and genetic diversity of the stock, and they produce a natural balance of species and community structure within the ecosystem. Protection of habitat is important because even greatly reduced fishing mortalities cannot totally compensate for habitat degradation caused by harmful nonfishing and fishing practices. ) 2. A marine protected area may work in the same way as discovering a virgin wreck loaded with fish and no one being able to disturb it. Instead of fishing the wreck out, it would instead be set aside much like a preserve on land. It's hoped that the abundance of sealife, plantlife, and habitat in the closed area will benefit outlying waters by fish having a safe haven, with some fish eventually moving out of the closed areas into neighboring open waters. Also, fish eggs and larvae can be carried to new areas by ocean currents which will produce more sealife outside the marine protected area. In this manner, it's hoped that marine protected areas can serve as insurance policies if fish populations decline elsewhere, and help deter collapses of certain species. . .~ Marine protected areas will protect, restore, and improve Essential Fish Habitat and Essential Fish Habitat - Habitat Areas of Particular Concern. The Council has mandates to protect Essential Fish Habitat and has established an Essential Fish Habitat - Habitat Areas of Particular Concern to initiate the process. . 1. Essential fish habitat for snapper-grouper species includes coral reefs, livelhard bottom, submerged aquatic vegetation, artificial reefs and medium to high profile outcroppings on and around the shelf break zone from shore to at least 600 feet (but to at least 2000 feet for wreckfish) where the annual water temperature range is sufficiently wann to maintain adult populations of members of this largely tropical complex. EFH includes the spawning area in the water column above the adult habitat and the additional pelagic environment, including Sargassum, required for larval survival and growth up to and including settlement. In addition the Gulf Stream is an essential fish habitat because it provides a mechanism to disperse snapper-grouper larvae. For specific life stages of estuarine dependent and nearshore snapper-grouper species, essential fish habitat includes areas inshore of the 100-foot contour, such as attached macroalgae; submerged rooted vascular plants (seagrasses); estuarine emergent vegetated wetlands (saltmarshes, brackish marsh); tidal creeks; estuarine scrub/shrub (mangrove fringe); oyster reefs and shell banks; unconsolidated bottom (soft sediments); artificial reefs; and coral reefs and live/hard bottom. 8 ~" '-' Marine Protected A"'fJScoping Document 2. Areas which meet the criteria for essential fish habitat-habitat areas of particular concern (EFH-HAPCs) for species in the snapper-grouper management unit include medium to high profile, offshore hard bottoms where spawning normally occurs; localities of known or likely periodic spawning aggregations; nearshore hard bottom areas; The Point, The Ten Fathom Ledge, and Big Rock (North Carolina); The Charleston Bump (South Carolina); mangrove habitat; . seagrass habitat; oyster/shell habitat; all coastal inlets; all state-designated nursery habitats of particular importance to snapper grouper (e.g., Primary and Secondary Nursery Areas designated in North Carolina); pelagic and benthic Sargassum; Hoyt Hills for wreckfish; the Ocu/ina Bank Habitat Area of Particular Concern; all hermatypic coral habitats and reefs; manganese outcroppings on the Blake Plateau; and Council-designated Artificial Reef Special Management Zones (SMZs). ~ 9 Marine ProtJi.fAreas Scoping Document ,..", \, Where are we in the marine protected areas process? þ> Informal educational meetings were held by Council and Staff from January to April 2000. þ> Scoping meetings were held in May 2000 for public input on whether the concept of marine protected areas has merit as a fishery management tool (written comments were also accepted). . þ> Based on the 1992 scoping process, the workshop, Advisory Panels and Scientific & Statistical Committee input, and the mid-2000 scoping process, the Council decided the concept of marine protected areas should be used as a fishery management tool in the South Atlantic to enhance the biomass of resources and provide greater biodiversity within areas under their management authority. ) þ> Because the Council decided the concept of marine protected areas should be used as a fishery management tool, an additional round of scoping meetings is being held in Spring 200 I to allow the public to suggest specific areas that should be additionally regulated. A list of the scoping meeting dates and locations is in Appendix E. þ> The Marine Protected Areas Advisory Panel (AP) will meet in May 2001 to recommend areas that should be regulated. þ> The Council will review scoping and AP input and decide whether to continue the process of choosing areas to regulate. If the Council decides to continue the process at their June 2001 meeting, an amendment to the Snapper Grouper FMP will be developed and public hearings will be held in the fall of 200 1. The Council will review the public hearing comments and finalize the action at the December 3- 7, 2001 Council meeting. What other groups or agencies are currently discussing marine protected areas or closed areas? In 1990, Congress established the Florida Keys National Marine Sanctuary which currently has existing and proposed marine protected areas for the Florida Keys. The Council has expressed support for a proposed Sanctuary reserve in th~ Gulf Council's jurisdiction at the Dry Tortugas. For more information on the Florida Keys National Marine Sanctuary contact Billy Causey at (305) 743-2437. In 1997, President Clinton signed Executive Order 13089 on Coral Reefs, establishing a multi-agency Task Force to direct coral reef conservation in the United States. This Task Force is exploring recommendations for establishing marine protected areas to protect coral ecosystems. For more information contact: the NOAA Public Affairs office at (202) 482- 6090 or the Department of the Interior at (202) 501-4633. 10 ,. '- Marine Protected Are~opíng Document In 1999, Gray's Reef National Marine Sanctuary began collecting infonnation necessary for reviewing the Sanctuary management plan. As a part of that process, Sanctuary staff held a series of meetings to get the initial views of the public on possible changes to the programs or regulations at Gray's Reef. The issue that received the greatest attention was the concern by many at the meetings that Gray's Reefwould be closed to fishing through designation as a marine reserve. This issue arose in part because at the same time Sanctuary staff was holding meetings on the future of Gray's Reef, the Council was preparing scoping meetings to explore the public's views on the concept of marine protected areas, specifically closed areas in the region. Within the National Marine Sanctuary Act there is a provision that calls for the Council to participate in decisions affecting fishing in National Marine Sanctuaries. Both agencies agreed to build upon this provision in the law and develop a Gray's Reef/SAFMC agreement known as a Memorandum of Understanding. This agreement is designed to facilitate the exchange of infonnation, advice, and technical assistance between the two organizations. In the spirit of that agreement, Gray's Reefproposed to the Council that they work together through the Council process to consider how the marine protected areas may apply to Gray's Reef. The Sanctuary staff will work cooperatively with the Council as they evaluate the issue of marine protected areas on a broader regional basis. For more infonnation on Gray's Reef National Marine Sanctuary contact Becky Shortland at (912) 598-2381. . On May 26, 2000, the President signed Executive Order 13158 on Marine Protected Areas (MPAs) to strengthen the protection of U.S. ocean and coastal resources. This directs the Departments of Commerce and the Interior, and other federal agencies, to strengthen and expand a national system of MP As by working closely with state, territorial, local, tribal, and other stakeholders. As a result of this Executive Order, a web site was created to provide infonnation on MPAs and a MPA Center was established to coordinate implementation of the Executive Order. Also created was a Federal Marine Protected Areas Advisory Committee to provide expert advice and recommendations to the Secretaries of Commerce and the Interior on the development of a national system of marine protected areas. Council Member Tony Iarocci (Chainnan of the SAFMC Marine Protected Areas Committee) serves on the Federal Advisory Panel. For more infonnation go to www.moa.gov. 11 Marine Protec~~eas Scoping Document \",¡Î " APPENDIX A South Atlantic Fishery Management Council 2000-2001 Membership The names of the Council Members who serve on the Marine Protected Areas Committee appear in bold. . Council Chairman: Fulton Love 6817 Basin Road, Savannah, GA 31419 912/925-3616 912/925-1900 (fax) ofl jr@bellsouth.net Council Vice-Chairman: David Cupka SC Department of Natural Resources P.O. Box 12259 (217 Ft. Johnson Road) Charleston, SC 29422-2559 843/762-5010 or 795-6350 843/762-5007 (fax) cupkad@mrd.dnr.state.sc.us Dieter N. Busch Atlantic States Marine Fisheries Commission 1444 Eye Street, N.W., 6th floor Washington, D.C. 20005 202/289-6400 202/289-6051(fax) dbusch@asmfc.org Bill Cole U.S. Fish and Wildlife Service P.O, Box 972 Morehead City, NC 28557-0972 252/726- 7021 252/726-0254(fax) BiIl_ W _ Cole/R4/FWS/DOJ@FWS.GOV Lt. Commander Dave Cinnalli Seventh Coast Guard District Brickell Plaza Federal Building 909 S.E. First Avenue Miami, FL 33131-3050 305/415-6778 305/536-4665(fax) Dcinalli@D7.USCG.Mil Louis Daniel NC Division of Marine Fisheries P.O. Box 769 (3441 Arendell St.) Morehead City, NC 28557 252/726-7021 (ext.l 05) 252/726-0254(fax) 10uis.daniel@ncmaiLnet John M. Dean Baruch Institute University of South Carolina Columbia, SC 29208 803/777-0075 803/777-3935 (fax) jmdean@sc.edu Glenn H. Durden 2004 Chevy Place Vidalia, GA 30474 912/537-7074 912/537-9033 (fax) glennhd 13@yahoo.com 12 I. '- Marine Protected ~s Scoping Document Jodie E. Gay 105 Friendly Lane Hampstead, NC 28443 910/270-3718 910/270-3718 (fax) oldsmokey@worldnet.att.net Tony Iarocci 236 Guava Avenue Grassy Key, FL 33050 305/743-7162 305/743-2697 (fax) Joe Powers, Acting Regional Administrator National Marine Fisheries Service, SE Region 9721 Executive Center Drive, North St. Petersburg, FL 33702 727/570-5301 727/570-5300 (fax) Joe.powers@noaa.gov Ken Haddad Florida Fish & Wildlife Conservation Commission 2590 Executive Center Circle East, Suite 201 Tallahassee, FL 32301 850/487-0554 850/487-4847 (fax) ken.haddad@fwc.state.fl.us . Edward (Ebbie) B. LeMaster III 135 Ponte Vedra Blvd. Ponte Vedra Beach, FL 32082 904/285-6017 904/285-2463 (fax) eblhcl @aol.com Jean-Pierre PIe' Office of Marine Conservation OES/OMC Department of State, Room 7820 Washington, DC 20520 202/647-1948 Clarence Wayne Lee 3000 Raymond Avenue Kill Devil Hills, NC 27948 252/480-1287 252/480-1631 (fax) cwlee2@mindspring.com Susan Shipman, GA Department of Natural Resources Coastal Resources Division One Conservation Way, Suite 300 Brunswick, GA 31520-8687 912/264-7218 912/262-2318 (fax) 52@dnrcrd.dnr.state.ga.us Charles Stone 296 Rum Gully Road Murrells Inlet, SC 29576 843/651- 1654 843/651-7995 (fax) cstone@sccoast.net Council Staff Responsible for Marine protected areas: Keny O'Malley One Southpark Circle Suite 306 Charleston, SC 29407-4699 843/571-4366 843/571-4520 (fax) keny .omalley@noaa.gov 13 Marine prole~reas Scoping Document \wi " Marine Protected Areas Advisory Panel . Outreach Susan White National Wildlife Refuge System USFWS 4401 N. Fairfax Drive, Rm. 670 Arlington, VA 22203 703/358-2415 703/358-1826 (fax) susan_ white@fws.gov . Sandy Seamans Ross P.O. Box 32 Stumpy Point, NC 27978 252/473-6833 252/473-3411 (fax) tradewinds@beachlink.com Becky Shortland Gray's Reef National Marine Sanctuary 10 Ocean Science Circle Savannah, GA 31411 912/598-2381 912/598-2367 (fax) becky .shortland@noaa.gov t Doug Kelly P.O. Box 10692 Tampa, FL 33679 813/639-9636 813/639-9637 (fax) dkelly@eangler.com Conservation Dr. Doug Rader Environmental Defense Fund 2500 Blue Ridge Road, Suite 330 Raleigh, NC 27607 919/881-2601 919/881-2607 (fax) dougr@edf.org Jack Sobel, Chairman Center for Marine Conservation 1725 Desales St., NW, Suite 600 Washington, DC 20036 202/429-5609 202/872-0619 (fax) jsobel@dccmc.org Alexander Stone P.O.Box 490438 Key Biscayne, FL 33149 305/358-4600 305/358-3030 (fax) a_stone@reefkeeper.org Dr. William D. Anderson, Jr. 665 Clearview Dr. Charleston, SC 29412 843/406-4028 843/406-4001 (fax) andersonw@cofc.edu Charter/Headboat Patrick Karman 407 Maple Lane Morehead City, NC 28557 919/240-0159 John Wierman 101 Eight Point Road Goose Creek, SC 29445 843/797-2848 j. wierman@excite.com Judy Helmey P.O. Box 30771 (124 Palmetto Drive) Savannah, GA 31410 912/897-2478 912/897-3460 (fax) fishjudy2@aol.com 14 / '-' Marine Protected Area~ping Document Ron Rincones Reese Hair 3950 Corey Road 1297 Limestone Street Valkaria, FL 32950-4119 Murrell's Inlet, SC 29376 407/727-1036 843/357-1667 407/724-1002 (fax) 843/357-3470 (fax) fishrico@aoI.com Jerry Schill Recreational North Carolina Fisheries Association Frank Gibson P.O. Box 12303 P.O. Box 789 (2606 Neuse Blvd.) Beaufort, SC 29901 New Bern, NC 28561 843/522-2020 252/633-2288 843/522-0647 (fax) 252/633-9616 (fax) fgibson@islc.net jschill_ ncfish@coastalnet.com . Mac Currin Charles Phillips 801 Westwood Drive Route 2, Box 1672 Raleigh, NC 27607 Townsend, GA 31331 919/881-0049 912/832-4423 919/881-0049 (fax) 912/832-6228 (fax) mcurrin@wans.nel pseafood@darientel.net Robert Rowe Gregory P. DiDomenico 837 Fathom Road Monroe County Commercial Fishennen North Palm Beach, FL 33408 P.O. Box 501404 561/626-655 I 11400 Overseas Highway, Suite 214-A bbrowe1 @worldnet.att.net Marathon, FL 33050 305/743-0294 Joel Williams 305/289-1207 (fax) P.O.Box 176 212 S.Main Street Ben Hartig Reidsville, GA 30453 9722 S.E. Sharon St. 912/557-4242 Hobe Sound, FL 33455 912/557-4083 (fax) 561/546-1541 joel @reeloutdoor.com 561/546-9838 (fax) Commercial Don DeMaria Mark Marhefka, Vice Chairman P.O. Box 420975 P.O. Box 1231 Summerland Key, FL 33042-0975 John's Island, SC 29457 305/745-3045 843/729-5497 305/745-1235 (fax) mmgoldenfisher@aol.com dondemaria@aol.eom 15 Marine ProtecteJl..{as Scoping Document State Designees Dr. Luiz Barbieri 100 Eighth Avenue SE St. Petersburg, FL 33701-5095 727/896-8626 727/823-0166 (fax) barbieri_l@epic7.dep.state.fl.us . Henry Ansley GA DNR Coastal Resources Division One Conservation Way, Suite 300 Brunswick, GA 31520-8687 912/264-7218 912/262-3143 (fax) henry@dnrcrd.dnr.state.ga.us . George Sedberry SC DNR MRRI PO Box 12559 Charleston, SC 29422-2559 843/762-5045 843/762-5110 (fax) sedberryg@mrd.dnr.state.sc.us \wi '\ Jim Francesconi NCDEHNR Resource Enhancement PO Box 769 3441 Arendell Street Morehead City, NC 28557 252/726-7021 252/726-9218 (fax) james.francesconi @ncmai1.net Melvin Bell SC DNR Marine Resources Division PO Box 12559 Charleston, SC 29422 843/762-5066 843/406-4060 (fax) bellm@mrd.dnr.state.sc.us 16 ,; '-' Marine Protected A;~coping Document APPENDIX B The following is a broad list of criteria being suggested by the Marine Protected Areas Committee after taking into account public input received during the last round of scoping meetings and input received rrom the Marine Protected Areas AP. The Council will develop more specific criteria as they begin looking at sites suggested by the public during this round of scoping meetings. Regionally representative? Not conserved elsewhere? High habitat diversity? ~ Unique habitat? Includes fragile habitat(s)? Includes vulnerable species? Includes vulnerable or rare stages? Supports exploited species? Supplies adjacent areas? Is the area large enough? Are adjacent coastal areas supportive? Is it aesthetically appealing? Is it accessible to user groups? t Can enforcement provide support? Is there effective management? Does it satisfy socio-cultural needs? Does it preserve historical site(s)? 17 Marine protec~reas Scoping Document ....., " APPENDIX C Species in the Snapper Grouper Management Unit · SPR Estimates Available Lane snapper Lutjanus synagris Yellowtail snapper Ocyurus chrysurus Gray snapper Lutjanus griseus Mutton snapper Lutjanus ana/is Vermilion snapper Rhombop/ites aurorubens Red Snapper Lutjanus campechanus SPR Estimates Unavailable Black snapper Apsilus dentatus Queen snapper Ete/is oculatus Schoolmaster Lutjanus apodus Blackfin snapper Lutjanus bueeanella Cubera snapper Lutjanus eyanopterus Mahogany snapper Lutjanus mahogoni Dog snapper Lutjanus joeu Silk snapper Lutjanus vivanus SEA BASSES Serranidae · SPR Estimates Black sea bass SPR Estimates Bank sea bass Rock sea bass Available Centropristis striata Unavailable Centropristis ocyurus Cen/ropristis philadelphiea GROUPERS = Serranidae · SPR Estimates G:g Scamp Red grouper Black grouper Speckled hind" Snowy grouper" Warsaw grouper' Wreckfish SPR Estimates Rock hind Graysby Yellowedge grouper" Coney Red hind Jewfish Misty grouper' Nassau grouper Yellowmouth grouper Tiger grouper Yellowfin grouper Available Myc/eroperca microlepis Myc/eroperca phenax Epinephelus morio Mycteroperea bonaei Epinephelus drummondhayi Ep;nephelus nivea/us Epinephelus nigritus Polyprion amerieanus Unavailable Epinephelus adseensionis Epinephelus eruentatus Epinephe/us fIavolimbatus Epinephelus fulva Epinephelus gulta/us Epinephelus itajara Epinephelus mys/acinus Epinephelus stria/us Myeteroperca interstitlalis Mycteroperca tigris Mycteroperca venenosa SPR Estimates Red porgy SPR Estimates Sheepshead Grass porgy Jolthead porgy Saucereye porgy Whilebone porgy Knobbed porgy Longspine porgy Scup Available Pagrus pagrus Unavailable Archosargus proba/ocephalus Calamus arctifrons Calamus bajonado Calamus calamus Calamus leucos/eus Calamus nodosus S/en%mus caprinus Sten%mus chrysops TRIGGERFISHES - Balistidae SPR Estimates Gray triggerfish SPR Estimates Queen triggerfish Ocean triggerfish JACKS . Carangidae Available Balistes capriscus Unavailable Balistes vetula Canthldermis suff/amen SPR Estimates Available Greater amberjack Seriola dumerili SPR Estimates Unavailable Yellow jack Caranx bartholomaei Blue runner Caranx crysos Crevalle jack Caranx hippos Bar jack Caranx ruber Almaco jack Seriola rivoliana Lesser amberjack Seriola faseiata Banded rudderfish Seriola zona/a 'These species form the deep water grouper fishery. 18 / '-" GRUNTS . Pomadasyidae SPR Estimates White grunt SPA Estimates Black margate Porkfish Margate Tomtate Smallmouth grunt French grunt Spanish grunt Cotton wick Sailors choice Blue striped grunt Available Haemulon plumier; Unavailable Anisotremus surinamensis Anisotremus virginicus Haemulon album Haemulon aurolineatum Haemu~n ch~sa~y~um Haemulon fIavolineatum Haemulon macrostomum Haemulon melanurum Haemulon parrai Haemulon sciurus TilE FISHES . Malacanthidae SPR Estimates Available Tilefish (Golden)" Lopholatilus chamaeleonticeps SPR Estimates Unavailable Blueline tilefish" Caulolatilus microps Sand tilefish' Malacanthus plumieri Marine Protected Ar~coping Document . SPR ESTIMATES ARE UNAVAILABLE FOR THE FOllOWING SPECIES SPADEFISHES - Ephippidae Spadefish Chaetodipterus taber WRASSES Hogfish Puddingwife - labridae Lachnolaimus maximus Halichoeres radiatus 'These species form the deep water grouper fishery. 19 . Marine protec~reas Scoping Document .....; " APPENDIX D Recommendations of the Joint Law Enforcement CommiUee And Advisory Panel on Enforcement Criteria for Establishing Marine Protected Areas The Council's Law Enforcement Committee and Advisory Panel discussed the marine protected area concept and enforcement criteria for establishing marine reserves (now called marine protected areas) at their February 19-20, 1998 meeting. There was unanimous agreement that one of the most critical aspects of establishing marine protected areas, both from the scientific and enforcement standpoint, will be public support. Consensus was the Council, through its Information & Education Committee, should develop a plan for educating the public on the need for marine protected areas and for selling the concept to the fishing community. · A motion was approved recommending that as the Council proceeds on establishing marine protected areas, there should be a threat assessment conducted by the appropriate state, NMFS, and Coast Guard enforcement personnel (potentially the AP) for each marine protected area being developed. This assessment should be presented to the Council before they take action. · The committee and advisory panel developed the following criteria for the Marine Protected Area Committee's consideration: 1. A marine protected area should be configured in a square or rectangle. » irregular shapes are very difficult to enforce 2. The bigger the better. » wider areas are easier to enforce » do not include buffer zones · 3. The boundaries should be delineated in latitude and longitude. » where possible the boundaries should actually be latitude and longitude lines » do not use water depths » do not use County lines 4. Must be in an acceptable format to be included and identified on NOAA charts. » will require coordination with appropriate NOAA personnel 20 / L Marine Prot~ Areas Scoping Document """" 5. Allowable activities in the marine protected area should be limited. » No transit - best » Prohibit all fishing - next best » If any fishing activity or gear is allowed, enforcement becomes very difficult. 6. Locate marine protected areas away from highly populated areas. » the location should provide for the best possible buy-in by fishennen » voluntary compliance is the most important element for insuring enforceability 7. Provide for on-site enforcement capability. » there will be costs associated with this capability " 21 Marine Prot.J¡r.,iAreas Scoping Document 'wi ~ '" APPENDIX E Dates and Locations of Scoping Meetings All meetings will begin at 6:00 P.M. Monday. April 16. 2001 Crystal Coastal Civic Center 3505 Arendell Street Morehead City NC 28557 Phone: 252-247-3883 Thursday. May 3. 2001 Holiday Isle's US Highway I Islamorada FL 33036 Phone: 305-664-2711 Wednesday. April 18. 2001 Blockade Runner 275 Waynick Boulevard Wrightsville Beach NC 28480 Phone: 910-256-2251 Wednesday. May 9. 2001 Embassy Suites North Charleston Convention Center 5055 International Boulevard North Charleston SC 29418 Phone: 843-747-1882 Tuesday. May 1. 2001 Sea Turtle Inn I Ocean Boulevard Atlantic Beach FL 32233 Phone: 904-249-7402 Monday. May 14.2001 St. John's Inn Oceanfront at 70'h A venue, N. Myrtle Beach SC 29572 Phone: 843-918-8000 Wednesday. May 2. 2001 Radisson Beach Resort 2600 N. AlA Fort Pierce FL 34949 Phone: 561-465-5544 Tuesday. May 15.2001 University of Georgia Marine Extension Service 715 Bay Street Brunswick GA 31520 Phone: 912-264-7268 Wednesday. May 16.2001 Richmond Hill City Hall 40 Richard R. Davis Drive Richmond Hill GA 31324 Phone: 912-756-3345 Written comments will be must be received in the Council office (address on cover) on or before May 21, 2001. The Council accepts comments sent by mail, fax, or E-mail. 22 , ;'" .... ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 01-629 DATE: April 30, 2001 SUBJECT: Resolution No. 01-87 -Requesting the State of Florida Enforce the Usury Law and Other Consumer Protections Against Payday Lenders BACKGROUND Attached is a resolution opposing the practice of deferred deposit or deferred presentment transactions, commonly referred to as payday loans, at highly usurious rates. Currently, there are bills pending before the Senate and House that would regulate deferred presentments. Senate Bill 1526 was read for the third time and the committee substitute passed Apri126, 2001. House Bill 0213, committee substitute, was read for the first time April 24, 2001 and placed on the special order calendar April 27 ,2001. These bills create the Deferred Presentment Act. These bills provide that no fees in excess of 10% of the amount financed may be charged, limits the transaction amount to $500 and prohibits rollovers. Mr. Clay Yates, Esquire, an advocate for the abolishment ofthe payday loan industry as well as Cash Plus, a payday loan provider, have been invited to provide the Board information. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 01-87 as drafted. Respectfully submitted, Katherine Mackenzie-Smith Assistant County Attorney KMS/mt Attachment , , " '-" ...." RESOLUTION NO. 01-87 A RESOLUTION REQUESTING THE STATE OF FLORIDA ENFORCE THE USURY LAW AND OTHER CONSUMER PROTECTIONS AGAINST PAYDAY LENDERS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Payday loans also known as "deferred presentment" or "deferred deposit" transactions constitute predatory lending wherein consumers in this County are charged exorbitant interest for short term loans. This practice has become significant in this community and throughout the State of Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida. 1. This Board condemns the practice of payday lending at highly usurious rates of interest and requests the State of Florida through its agencies such as the Department of Banking and Finance, the Attorney General's Office and the various State Attorney's Offices enforce the existing statutory laws to prevent this type of predatory lending to Florida consumers. 2. The County Administrator is hereby directed to forward a copy of this resolution to Governor Jeb Bush and the Legislative Delegation for St. Lucie County. After motion and second the vote on this resolution was as follows: .. f \.. ..."", Chair Frannie Hutchinson XX Vice Chairman Doug Coward XX Commission Paula A. Lewis XX Commissioner Cliff Barnes XX Commissioner John D. Bruhn XX PASSED AND DULY ADOPTED this day of May, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY , , , '-"' ....., ITEM NO. g'a AGENDA REQUEST DATE: MAY 8, 2001 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] SUBMITTED BY (DEPT) : ADMINISTRATION DOUG ANDERSON (~k It TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBJECT: COUNTY EXTENSION CAMPUS EXPANSION BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL. (State type & No. of transaction or NjA) :001-9910-599100-800 GENERAL FUND CONTINGENCY PREVIOUS ACTION: NONE RECOMMENDATION: STAFF IS RECOMMENDING THAT THE COUNTY PROCEED WITH THE PURCHASE OF APPROXIMATE 12 ACRES OF LAND FROM THE UNIVERSITY OF FLORIDA IN THE AMOUNT OF $88,800 PLUS $5,000 IN CLOSING COSTS AND THAT THIS AMOUNT BE LOANED FROM CONTINGENCY FOR THIS PURPOSE. THIS PURCHASE WOULD BE SUBJECT TO THE REVIEW AND APPROVAL OF THE TITLE POLICY AND ENVIRONMENTAL ASSESSMENT BY THE COUNTY ATTORNEY. [ X ] APPROVED [ ] OTHER: DENIED COMMISSION ACTION: County Attorney: Review and Approv Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only. if applicable)___ Eff. 5/96 Post-it" Fax Note To 7671 Date Co.lDept. , . \w 'will ." M E M 0 RAN DUM #01-82 TO: BOARD OF COUNTY COM ~ FROM: DOUGLAS M. ANDERSON, UNTY ADMINISTRATOR DATE: MAY 1,2001 SUBJECT: COUNTY EXTENSION CAMPUS EXPANSION Since the fall of 1999 County staff has been working with Farm Credit of South Florida (Farm Credit) and the U.S. Department of Agriculture (USDA) to locate an office building on Picos Road on property owned by the State of Florida, Board of Regents, University of Florida (University of Florida). Attached is a November 24, 1999, letter to Mr. Carson McCurdy, Principal Appraiser for Farm Credit. Since then we have been working with the University of Florida, going through their approval process, to purchase the approximate 12 acres from them. On September 18, 2000, the University of Florida received an appraisal from Fuller-Armfield- Wagner appraising the property at $90,000. The University of Florida had a second appraisal performed of the described property which came out to $87,600. The average of these two appraisals is $88,800. If the Board of County Commissioners approves to proceed with the purchase of the property, the Department of Environmental Protection will present this at the June 12th Cabinet meeting. Farm Credit of South Florida would be our principal tenant in this facility with the U.S.DA being an additional tenant. Should USDA not decide to rent from us, the size of the building would be scaled back accordingly. We also plan on constructing a County meeting room to accommodate County Extension Office meetings and other County functions. The present County Extension office does not have adequate meeting space available. . The financing plan will be that the lease payments cover the purchase cost ofthe land and the cost of construction. Staff recommends that the County proceed with the purchase of the approximate 12 acres and transfer the funds from contingency for this purpose. The County would bond the cost of construction and the land purchase cost at which time the General Fund would be reimbursed the $88,800. If approved, staff will then work with the County's architect, Paul Dritenbas, to provide us with a conceptual floor plan. DMA:01-82 c: Robert Bradshaw, Assistant County Administrator Anita Neal, Interim County Extension Director Don Cole, Property Acquisitions Manager Marie Gouin, ManagemenUBudget Manager Dan Mcintyre, County Attorney Roger Shinn, Central Services Director " r" ,I··,~, '2"U' '~"'.' '"):'~ J""'/ Â..../ t. ...,...,....._ 858-..ee-337' œ~ _BF'U~ """" PA':iE ,_ ~ :j. TIME (iF' ACCEPTANCE:: It thi.'; cffe:: is no~ accepted by the 'fRUSTEES, the deposit shall be returned to the BUYER i:\::d ~:lJ.s offer shall be null and void. No~ice of acceptance Or rajecti~o of tr.is offer shall be sent to the BUYER after the TRUST:;;ES decision. 4. CLOSING, EXPENSES AND POSSESSION: ThH cc,nt",act 5hall oe clo3ed following apprcvdl by the TRUSTEES, and th~ d€ed delivered after execution by the 7RUSTEES. The TRUSTEES wil~ delivçl' possession of the Property to the SÇYER at closing. T~e following are additional detai13 of cl~sing: a. Time and 21,,:;.: The closing w111 be at a tU:1e, da':e -""d location of mutual 19reezr.ent bet...ee~ the C}EP a:..j the BUYER; b. Conveyanc~: At closing, the TRDSTEES will delive~ to the BUYER a fully executed quit~lairo deed conveying tte pro~erty and any i!\1provem<;onts in "AS IS, W¡ŒR~ IS CONDrTION, u W1.thout loIarranties 0" repre:!'er.tations, s'lb)ect to a rese.:";ation in fav("r of the TRUSTEES of an unåivide,j three-fourt:-ts in:¡¡,rest in phosphate, mineral:.; and metals and an u:'ldivided one"half inte:es: in 3.11 patroleUIII p1Jrsuant ':0 Section 270.11, Florida Stat utp-s. The for:n of the Quitclaim Deed shall subst.''I'1tially comply '..1. th the form 3:tached hereto <is EXHIBIT "B"; and c. Expenses: The 3VlER shall pay all costs of clo",i:'l<J including, but not linited tc, all COlts relftted to ap?raisal of the property, environmental assess~ent, s~rvsy costs, doc~~ent~ry stamp tax on the deed, recording fees, ab$t~act or ~it~e insurance fees, or attor~eys' fees. The TRUSTE~S may require that the closing oe processed by anà th~ough a t~tle ~n5ura~çe company, off~cer, or other agent, designated by the TRUSTESS, ~nà the BUYER sr.all pay a!'\y costs ct,arged by such comparl~' or agent: for this closing service. If a survey is obtainea by BU::ER, nothing contained therein shall affect the p'.1rchase pr ¡::e or terms 0: :his contract. , . 5. REA!. .ESTATE T,'''XES, EASEMENTS, RESTR:CT IONS AN;) e:NCU;~3¡;P.NC:;:S: ThG SUYER agrees to pay all oL¡tstandil1g rea~ estate taxes, prorated up to the day cf clo:3ing. 7he 9t:YER agrees to r.ake ::i t1e tc the pro?erty subj eet to any special lÜms or assessments, zoning and other government).l r..:¡s::=icti:ms, plat restrictions and gualif:..car;i('ns, public uti:i':y easemer.ts, restrictive covenants and all oëher easements, restri~tions, reservaticns or m~r;ters ~f record. . t 6 . WET:"ANDS; the per::n.tting district. Any wetlands on this property may be subJect to requirement5 of the DIP or the water managcme~t 7. ~OND!TrqN OF THE PI\OPER'I"r: The BUYER, açkr.o...l"'Jge.~ that he h<i8 inspected the premises, and agrees to ëo.ccept the property l.n "1\S IS, viHf;RE IS CONDITION." The TR.;JSTEI::S make:1o wa=r·ar.ties or ;ep'e~entations whatever as to the condition of th9 property Qr any inprovements iocated thereon, or the fitness of either for any particular use or purpose. B. RADON GAS: Radon is a naturally cccurring radioactive g<;'s t~at, when it has accumulQted in a building 1:1 suf=icle~c quantities, may present health risks to person3 who are expoged to ~t over time. Levels of r¿¡<::un tha.t exceed f..èeral and state guidelines have been found in buildings in Fèori;:ia. Additional ir:formation regarding radon ar:d J:3don testit\g rr""y be Qbtai r:e:; fro", your county p'.Jbll.c health lln:..t. Page 2 of 7 CGn~ract No. 30697 St. Lucie County ;' 84/22:' 2eOl \..-::':J 85e-4~8-33 ,'i DEF' _Bf'LA """" P AGE ~.: .3 CS:J1 FLORIDA DE~~RTXENT OF ~~vIRONMENTAL P~OTECTION CONTRACT FOR SALE A~D PURCHASE AND JEPOSIT RECE:PT THIS AGREEMENT is made this day of 2001, by and be~ween the SELLER and theišüŸER as follows: SELLER: The Board cf :~us~ees of the Internal !mprovemen: Trust f\md of the State of Florida ("TRUSTEES") :,y and through its agent the Division of State Lands of the Florida Department 0: 8nvironmentai Pr::>tecticI'. ("DE:P"). ADDRESS: Florida Department of Enviro~men~al PrDtec~iDn Division of State Lanà~ Bureau of Public ~and Administration %Steve Remke. Land Acquisition Agant 39GO Co~~onwealth Blvd., M.S. 130 Tallahassee, Fl~rida 32399 BUY8R: ST. LUCIE COUNTY, a po~itical .ubdiY~a~on of the St&te of Florida Feder'al I. D. Number Address: St. ~ucle Coun~y Açtn: Robert Bradshaw 2300 Virginia Avenue ~t, ~ierce, Florida 34982 . rhorle: (561) 462-1441 1. AGREEMENT TO SELL: The '!'RUSTEES hereby a9rea ';:0 sell ~fi(~ the BUYER h~reby agrees to bay in accordance with this ~Ontr3C';: all tha: certain real property. together with all i",pro'/emer,t s, easements and appurtenances, more particular:y described in atr.a::hed EXHIBIT "A" of ':his ContraC1: for Sðle and Purcr.dse. 2. E'URC¡U\SE PRIe:::: BUYER hereby offers t!-e fcllr.>wing p~rct:,iise price for the property in the amount of E:IGHTY :s:rGaT 'J:SOOSAND EIGHT HUNDRED AND NO/10C Dollars ($SB,800,OO) whiç~ shall be paid in r.he form of a Certifled or Cashier'.; Check If\ the follð...-ing rna~ner : 4 a. Deposit: BUYER deposits .herewith EIGHT THOUSAND E,GHT I-H;NDRED EIGHTY AND NO/lOG Dollars ($8. SSC. 00) in the form ôf--'¡ Certified or Cashier's Creck, money order or ar. ir~evoc~ble Letter of Credit from a financial institution as defined by Section 655.005, Florida Statutes, made payable to the Jepdrtment of Environmental Protection representing ten percent of the tt'):al p~rohase price as an earnest money deposit. b. Bal~: The balance of the purchase price iD the ;'".ount of SEVENTY NWE THOUSII.ND NIN~ HUNDRED TWENTY AND N0/100 Dollars ($79,920.00) shall be paid by ëertified or Cashie:::'s Check made payable to the Department of Environmental rrotect~on a: the time of closing. Any costs of sa:e ir.~l1rred by tne T~U$TEES shall be paid by sepazat€ Cert~fied or Cashier's Check made payable to the Department of 8nvi~onmental Prc~~ct~on at the ti~e of closing. l'ëge 1 of 7 Contract No. 30697 Gt. Lucie Cou~ty " 1;J~/·2?/2iJP.l 09: 213 \w858-488-3379 DEP_BPLA -..J F·AI~E. r<~ Department of Environmental Protection ---=~~ -::=-:::- Jeb Bysh Go~eroor Marjory Stoneman Douglas Buîlding 3900 Commonwealtn Boulevafd Tallaha5see, Flonda 32399·3000 David B Struhs Secret3ry April 23, 2001 :Mr. DOll Cole 51. Lucie County 2300 Virginia Avenue Ft. Pierce:, Florida 34982 F..,;: No. (561) 462-1440 c Via }I'acsimile RE: IF ASlFt. Pierce Dear Don: 4 Please find the ac;;ompanying contract for your review and approval. 1 understand that if this item is placed on the County Commission agenda for May 1, it may be possible for the contract to be signed and returned to this office on or befOte May 3. If this is the case, we will schE"du1e this item for the June 12 Cabinet meeting. If the c.OD.tract cannot be signed and returned until after May 3, we will attempt the May J 7 deadline for the June 26 Cahinet meeting. If you h!lve any questions, please: feel free to contact me at (850) 488-2291. Sincere¡y, ~~ ~eveRe~e -- Bureau of Public Land Administration Division of State Lands Isjr Enclosure "MQrt Pr()cecci"n. Leu f'roceu" Prinm! on ",~led P"P" r. ,. Co~.'·",)';'/"'G¡GI'" ,·70 v , .-. _~;u '1IIIIiIII" .- 8513-488-33/3 , 0, [>E;P _BPLA ....J P,"G£ CG I~ WITNESS WHEREOf, the parties have caused ëhis Cor.tr~ct for Sale to be executed on the day and year firsc above ~rltt~c. Wi.tness Pri~t/Type Witness Name Witness ?rint/Type Witness Name APPROVED AS TO FORM AND LEGl\LITY 8Y; 52P Þ.TTORNEY Witness ?,~r.t/Type Witness Name Witness j~int¡Type Witness Narne !?age 4 of 7 Ccntract No. 30697 St. Luc~e County BOAR;) OF TFUSTEES OF THE U]T"RNAr.. IMPROVEMENT TF\:JST FUND OF' 1'11E ST1T;:: or E'LOR!D.". By: ¡SEAL) DIRECTOR, DIVISION OF ETATE LANDS, DE?ARTMENT OF ENVIRONMENTAL P~OTECTION As agent for Board of Trustees of the Internal Improveme~t Trust Fund of the State of Florida "TRUSTEES" 4 ST. LUCIE COUNTY, a ?olitical SubdivisiQn of the State of Florida BY; signature of 3UYER Print/Type Name cf BUYER As: _____ (If ~ corporation, title of p~rson signing. Affix cQrpcrate Seal ~f officer other than P~e5ldent is signing. "8UYER~ ·# Co ,." ,on j¡. . '''J ~-".: ....:.. ~<..-v.........,J. .... '35tj-482-:B7g .. EXHIBIT "A" LEGAL DESCRIPTION; I;£~ _ElPLA ...." p",:,e: l c· THE SOUTH 251.20 FEET OF THE NE y. OF TIlE SE ~ Of THE NW Yo AND THE SE y. Of THE SE Y. OF THE NW Y. OF SECTION 14, TOWNSHIP 35 SOum, RANGE 39 EAST. LESS M'D EXCEPT TIm EAST 70.00 FEET 'IEEREOF FOR "ROCK ROAD" / ·COLUOOE ROAD" RIGHT OF THE WAY AND LESS AND RXCEPT mE SOUTH 90.00 FEET1HEROP FOR "PICOS ROAD" PlGEn' OF WAY. SUBJECT TO A 30.00 FEET WIDE FLORIDA GAS TRANSMISSION COMPANY EASEMENT A$ RBCORDI:D IN omCIAL RECORD BOOK. 172, PAGE 1859; ÃNo A 30.00 FEET WIDE FLORIDA GAS TRANSMISSION COMPANY EASEMENT AS RECORDED IN DEED BOOK 248, PAGE 1&7¡ M"t! A 25.0D F.8E1' WIDE FLORIDA GAS TRANSMISSION COMPANY EASEMENT NO. 29165, AND A 40.0C P.EBT WIDE FLORIDA GAS TRANSMISSION COMPANY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK. 887, PAGES 743 AND 755; AND OFFICIAL RECORD BOOK 937,l'AGES 2698 AND 2707 OFnm PUBLIC RECORDS OF ST. LUCJE COUNTI, FLORIDA. Page 5 cf 7 Contract No. 30697 St. LUCle cou~ty t . .. "'. ..il'"';~'·)r.lC"·'~ .....);1 . 04, ....... _~'-'.I....,.. ,-".J 8SEI-48=-J3,'3 DEP _BF"...A ...., p...£ 88 ;I ~ia form is an examplo only, Qo not co~plete. EXHIBIT '8" BOARD OF TRUSTEES Or THE INTERNAL IMPROVEMEN~ 7RUST FUND or THE STATE OF FLORIDA QUITC:LAIM JEED Oeed Number KNOW ALL MEN bY THESE PRESENTS: That WHEREAS, the 8:)AR,) Or T~vS7EES OF THE INTERNAL IMPROV~MENT TRUST FV~D OF 7HE STATE C, FLO~IDA ~s by Section 253.03, F:crida S~a:ute3, authcrizeù ana empo;.rered to convey certain land" \Jnde;: tne te"",.$ "ad cond~t:io"s set forth herein; and, WHSREA.S, said BOARD OF TRUSTEES OF THE: :;¡'."£?SJ\L IMPR:)VEME,·¡'r . TRUST FUND OF THE STATE OF FLORiDA did apprQv"" th':':s tran.;¡fer ("I ti'e _ day of _._ , 2001. NOW, THEREFORE, the unders igned BOARD OF 'l'i\USTEES OF :::~E INTERNAL IMPROVEMEl~T TRCST FUN~) OF TH:: STATE OF FLORI DA, ,]$ "GRANTOR", \:.nder author,- ty of Section 253.:) 3, !"lo::ida Statute"" for "od in consideration of the sum of ($ _._-- and other çood anc vdluab~e c~n8ide~ations, to it ir. nar.d paid by whose address .is -- as "GRANTEE," h¿¡~ remised, released, conveyed ~nd quitclaimeà, i!nd by these presents does remis~, release, =onvey arid quitclaLm un~o GRA~1TEE, ita successors, he:!..r:;, and assigns forever, all tr_e right, tit.le, interest, claim and dema~ci wh:'ch GFA"ITCR may h,r.:e ir. a~d to the following des=ribed lands in ------ CC\Jnt y, Florida, to-wit: SAVING ANC R8SERVING untc ~RANTCR and its successors an ~nd:'vijed thre~-fourth$ interèst i"'l, and title in and to ar. ur:Ct';'vi:ie~ three-fourths interest in, all the phospha:e, minerala, an~ ~etals that are or may be in, en, cr under the ~3ld lanj a~d a~ I?age 6 of 7 Contract No. 3C697 St. Lucie County , . e"/2:ne0~:2g 85Ø-48ô-3373 DE 10 _¡¡PLA ...., Pi>o:£ 0'3 J undivided one-half i~terest ~n all the petroleum that is or may be in, on, or under ëhe said lane. TO HAVE AND TO HOLD the above·desçribed Lwds subJect -'_ a:'l outs~anding easements, reservations and other intere3ts. IN TîSTrMCNY ¡-¡HEREOF. the :n~",;;,ers of the BCARD OF T,(CS'l'<:ES 0"' THE: INTEFNAS IMPROVEI1ENl TRUST fUND Of THE STAn OF F:"ORICl". have hereunto subscribed their names and have caused the Gff:cial seal of said BOARD OF TRtJST>:ES OF" THE WTERNAL IMPROVEMENT TR:JST F:J'JD OF THE STATE OF FLORIDA to be hereunto affi;~~à in the Ci T.Y of Tal:ahassee, Florida, on this day of , A.'J. 2u02. . (SEAL) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST fUND Cf THE STATE OF FLORIDA JZB BI.JSf! GO'/EFNCR . KATHERIÑE HARRIS SECRETARY or 5~ATE B08 BUTTEX¡¡OR~H ATTORNEY GE~ERAL ROBERT F- 11ILLIGAl'< COMP'TROLLER 'ro!o! GALLAGHE~ TREAS!JRER --------- TERRY L. RHODES COMMISSIONER OF AGRIC~~TJRE CfLÎ1.RLI£ CRIST ----------- COMMrSS[O~ER OF EDUCATION As ar.d Consti~uting thè BOARD 0, TRUSTEES OF THE INTER~A~ IMPROVEMENT TRUST ?JND OF THE STATE OF FLORIDA Approved as to forn a~d legaliT.y By: ..-....----.. SEP Attc~ïley Page -: of 7 Cu~tract No. 30697 St. Lucie County -, " '-' '-" ...,; """'" ßOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON April 21, 2000 Mr. Greg Rivers Director of Facilities Post Office Box 110850 Gainesville, Florida 32611-0850 Dear Mr. Rivers: The County is in the process of determining the feasibility of constructing a building on property the County leases from the Trustees of the Internal Improvem~nt Fund. A copy of a map depicting the proposed site where the building would be located is enclosed as Exhibit' A". The County would use the proposed building for the County's Agricultural Extension Department as well as leasing portions of the building to the USDA and Farm Credit of South Florida, ACA, for office use. The County would use the rents generated by USDA and Farm Credit to finance the construction of the building. In this regard, the County requests that you assist the County in initiating the process that would result in a release of the property depicted in Exhibit' A" to the County. If you have any questions, please let me know. .- J ~ 4.;--- Do glas ¡. Anderson County Administrator DMA/ caf Enclosure Copy to: Board of County Commissioners Assistant County Administrator County Attorney County Extension Agent D. Rice, Farm Credit T. Lewis, Esq. JOHN D, ORUHN, Di'tricr No, 1 . DOUG COWARD, DIStricr No, 2 . PAULA k LEWIS. Di'trict No,;) . FRANNIE HUTCHINSON. Dimicr No, 4 . CLIFF OARNES, D15rricr No, 5 COUl1ry AdmÎnisrroto( - Douglas M. Anderson 2JOO Virginia Avenue . FaIT Pierce, FL J4982-5652 · Phone (561) 462-1450 · TDD (561) 462-1428 FAX (561) 462-21J1 Phone # .,.¡ '-' Post-it-' 1 Note 7671 TOC4,¿ "", ~é' ¿-L. ¿. CoJDept. Phone # Fax~.:P/-94>5 -9Q Fax # _Jot'" 1.10' ........,,'0 ~ 0 0 N - ~ w z -' 0 « >= u ~ In . '- -3 'a ~ .¡ ~ Z !Ii IV: ll)l rV ~" '" .oc. .~O £fY ~ \ I~ ) V L' J t 'vrf . ('y,V r,' ,~¡ ) ,r t (\/,"" ,)\ u r' .f r ¡1 cr" ~pI' i:5 "~'.~~~~~.:'~' " ~'-;;-d:E'¡¿ ;~ ::; ~1:::"'··'}; . . -'--- ... .-. -....-..- .'~ .-;.s.-·....-"';'c··;, N89'41'4S"E ~ ;!; z ~~ ~~ .~ \(' w Z :¡ ~ ~ ~ 6.76 ACRES z 0' 0 ""-I [ß " 0> <.'" [Å ~-; " z o o ,; ., .. / '" ~ ¡,. 0> 1.646 ACRES '" '" '" :.. '" Na9'44'25~E .395.4,3 ....·u· .-r 'cv NOR TH R/W PIcas ROAD C /? /2 ...x.. Æ/ ./ :2J4?!" /.7 /~ c74.5e.D CN /ð~LC 4-?-Þ Jç:-.,.-....., ,x./<> kL d C4LCL.L477~/~ .,:5?., /2 Go- ..s-7 6</1 1;2 + .1 '-' -' BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON December 11, 2000 Ms. Sheri Bryan Administrative Assistant UF /IF AS Facilities Planning & Operations P.O. Box 110850 Gainesville, FL 32611 Dear Ms. Bryan: Please accept this letter as St. Lucie County's official request to purchase approximately 12 acres of vacant land located at the University of Florida, Institute of Food and Agricultural Sciences', Indian River Research & Education Center in Fort Pierce. The property, located on the corner of Picos Road and Rock Road, is adjacent to property that is maintained by St. Lucie County as an Agricultural Extension office. St. Lucie County would like to purchase the 12 acres to build a building that would accommodate the County's agricultural extension seJVice. This request is given with the understanding that the sale price of the property will be based upon the appraisal currently being completed. In addition, please note that any contract for sale and purchase of the property is subject to the approval of the Board of County Commissioners of St. Lucie County, Florida. We look forward to a continued cooperation and the successful transfer of this property. D]\¡1A:esOO-203 c: Board of County Commissioners Robert Bradshaw, Assistant County Administrator Anita Neal, Interim County Extension Director Dan Mcintyre, County Attorney Don Cole, Property Acquisitions Manager JOHN D. BRUHN, Distri" No.1' DOUG COWARD, District No.2' PAULAA. LEWIS, DiStrict No.:J . FRANNIE HUTCHIN50N, District NO.4' CLIFF BARNES, Disrrict NO.5 Counry Adm,nisrrotor - Douglos M. Anderson 2JOO Virginio Avenue . Fort Pierce, FL J4982-5652 · Phone (561) 462-1450 · TDD (561) 462-1428 FAX (561) 462-1648 · email: douga@stlucieco.gov '!I .. . '-' . FtILLER-ARMFIELD- WAGNER A ."",¡ ralsal & Research Inc. Daniel D. Fuller, MAl, SRA SI. Cert. Gen REA OOOOS67 Scott N. Mattbew, SRA SI. Cert. Res. REA 0000448 328 S. Second SI. FI. Pierce, FL 34950 (561) 468-0787 Fax (561) 468-1103 email: realestate@FAWappraisaLcom o 320 W. Ocean Blvd. Stuart, FL 34994 1-800-273-7364' www.FAWappraisal.com September 18, 2000 Ms. Sheri Bryan, Administrative Assistant University of Florida Institute of Food and Agricultural Sciences Facilities Planning and Operations P. O. Box 110850 Gainesville FL 32611 RE: Purchase Order No. L66711 Dear Ms. Bryan: As requested, I have inspected the ~. 'property located on the northwest comer of Picos Road and Rock Road, St. Lucie County, Florida, and I have made an anàlysis of the market influences affecting thê subject property. This is for the purpose of providing you my opinion of the Market Value of the Fee Simple interest in the property, as of September 12, 2000. Per requirements of the Uniform Standards of Professional Appraisal Practice (USPAP), my appraisal is a Complete assignment, presented to you in a Self- Contained format. My apprai~al. and report is subject to the Limiting Conditions, Special Limiting Conditions, and Certification included within this report. - Based upon my analyses pres~nted in this report, it is my opinion, Market Value of the Fee Simple Interest in the property appraised, as of September 12, 2000, is: ""'0; I believe you will find my appraisal and report complete, but if there are questions please feel free to contact me at your convenience. AS FID0 F/asf f:commfile 147771tr , ·M.R·n 200~ 'USDA ~ -- Vnltlld St;!MS Department of Agrlr::ulture Natural ~esourcBs Con$arva~on Servfce 2614 N.W. 43rd Si. Galr¡gsvil/e, FIOI'ida 3260e-a611 P.O. Bc)C 141510 Gainesville, Florida 32614-1510 2 :\w-N ,,,,,,/" 5147 P. April 23, 2001 FAX; 561-462-2131 Doüg .ÀIlderson County Adrtrinistrator St. Lucie County Board ofÇommissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Anderson The USDA Service Center ~ Ft. Pierce, Florida, is interested in relocating to neW and larger space, clos~ to the vicinity in which it is now located. We understand the County wishes to construct a. building in this :vicinity conveniently located near other Agricultural facilities. The USDA-Natural ResoUt'ces COtIservation Servìce will be soliciting for Service C<mt.er space in the neat future and would b~ very interested in including the County in this solicitation process. Please contact mc at 352-3ßB-9530 if you have ¡my qU.~StiOnB. Sincerely, ,.M.. Angeli . Miller Re/l1 Property Leasing officer co: Donna Smith, NRCS,;Ft. Pierce The Natura\ ResO\lrèCI Conscmtion s.rv\ee works b.lld-in-h&nd with the American people 10 co~lel'Ve n81\.'Ts1 Nlsoure<:! cn p1'iVlltç lB1lds. AN EQUAL OPPORTUN11'Y EMPLOYER , " '-' ...", , 6 ~p .® Farm Credit of South Florida, ACA ~ v t,P ') P/ '{Í ~.v l/ ø 'l}1? l (' ~,J Ph. (5611965-9001 Fax (561) 965-9099 P.O. Box 5559, Lake Worth, Florida 33466 March 6, 2001 Mr. Doug Anderson County Administrator 2500 Virginia Ave. Ft. Pierce, FL 34981 RE: Office Space Lease Dear Doug: This is to follow up on FaTI11 Credit's continued interest in leasing office space in the proposed county facility near the USDA research facility. Anita Neil had requested that I write you a new letter of interest since it has been some time since our initial discussion. We remain interested in the same space requirement as outlined in our specifications previously provided to you. We also remain very negotiable regarding the teTI11 of the lease. Moreover, we are receptive to the possibility of a purchase option of the building or some portion of the land for future expansion of our offices. If I can be of further assistance please feel free to contact me. Sincerely, ,--., ~ Don Rice CEO i,' Ii If D U œ'¡ ---.' I I MAR 12 2001 I ¡ ,,:. .Lj J ~E .._---. The Fann Credit System www.fanncreditsfl.com .. w·' .~,. ,~" 110.. ,'~O ~_. __. _1;;t;..I.,...,.... S5"-4~¿-33?3 D£~ _EF'LA ....." ,-!;4¡3£ t15 <;;. RI.'3K Of LCS~: I:l the event of any sub8taTltia~ damag~ to the property (in excess of $5. t'QO¡ between ::he date ot this agreement and the date of closing, -che TRUSTEES shall have the option O! res~oring the damaged Property to its ccndition iw~ediately p~icr :0 the occurrence can.ing the ct<:'.J1'.agp., in which evant, 8UYZR shall coæplete the tran8actio~ ~8 originally planrced. If these rep~lrs a!"e not completed pc:.or to oloSi:19 date, cI::Jsing \oIil':' be extended until su,:!". ti:!!e as the repairs "re completed. If the T!US'!'£ES elect not to repair thE' da:"aged property, the 3I,;YER'S s::Jle remedy shall be ::he right to resci~è this contract by giving written n,::>tice to the 'tRUSTEES a:;d tc) receive a refund of the earnes- money deposit or, alternat.ively, to procee:i to closing en t~\t~ E'roperty, as damaged. wi thOU1: ad: ustment 1:'1 the purchase price. I~ ~he even~ of any lesse~ damage, the parties ahall proceed to closing as :hocgh no damage had occurred, IC. CEFALJLT: If Bl:YER ~ai:'s t:.> perform any coven¿r:ts :;¡f thls <3greerne!lt W'ithi~ ninety days a~ter receiv¡ng '...r~tt3!1 notice of acce?ta!>ce 0: effer, the ea!"nest mcney deposit may be r€tained by the TRUSTEES ",i thaut wai·JJng any action for damages ¡:<,sult i:1g fro~ 8UY8R'S default. hltêrnatively, thê TRUSTEES ~ay see~ specific performance of the terms and conditions h~rein. If t~e TRUSTSBS fail to perfo.rm any covenar.ts of this c::>ntract, the deposit shall be retu.rned to BUYER as 8UYERIS sole ¡:emedy_ In that even';, ell parties shall be released of their r:'ghts and ~bligations under this cor.tract. ~ . 1:. ~UCCESSORS: Upon exeç~tion of this contract by the SUYER, this contract shall be blnding upon and inure to the ~enefit of the 5UYER, 1:5 heirs, S~C2essçrs C~ assigns. ~ :2. RECOR::>ING, Neithe: this contract r:Qr any m.',:ic<ò oJ:: is may bE: recarded in any cOt:nty by any p~rson_ 13. ASSIG~.MENT: 'I'his contract shall not :,e assigned by =1)(0 SCYER without the ?rior written COnsent of the ~sp_ 14. TIME OF E:SSENC~: Time is 0:: the essence in the perf::>rr.l<iTlc'O of this contract. l~. AMBNOMENT3: This contract contains "':. l represen;:a t iens of the part iêS. effective excepc when reduced to writing the ent~re agreement dnd ~o amendr"ent will be sigr.ed by all pdrties_ 16, SURVIVI'_L: 'rh", covenants of this ccr.trace wi.il 9urvh-e delivery önd record~ng of deed and possession of the prop~rty. 1 Î. ACCE:?TANCE DE' OFfER: The TRCSTEES ¡::e~erve tb<:! right .. reject this offer. Theref'Jre, ":his COt'ltrðct shaL !1d bi.nd the ':KUSTEES or the State of F'iorida in any manner '~r.less or w:til it is approved by the TRUSTEES and legally executed. Pase 3 of 7 Contract N~_ 30697 S~. ~ucie County ~OV-22-:9';> : e I '- At1 IHTEGRITYFIRST l::>~ 1.4667(' .....- .., P.OI ~ No\'cmber 16, 1999 Doug Andcl50ll ~t. Lucie Counl)' Admin1SU"dtor 2300 Vil'{:jlla A \ ';-1,uC Fj Picre;:, Floridu 34982 Dear Mr. Anderson. AfY(I(1 (If<: ~\\'M~, FMm ("f/:rlil ofSolllh f'orida. ACA is ¡)l'(Ip(1~jnf, COQslructìo.lI ora ~,OOO +/- square foot nf1'if~~ 1111i1dîot Th~ rar.i1ìI)' wnll'rll'lI~ IA"lil,;¡iflu',ÎI"l1 flfI11'U',;1ì!¡t1r:Tlf'flmÎ¡la m\'rI1'"IH~url:nrrrl'I1T1y1tll'irti hy'u, St. Llldc COunl}, on Picos RO.1.d The parcel is loealed l)J1 (hc tlorl1\ side of the road just west ortlle Picos/Rock B-O'dd inten~ol1 imLUedi,rt~1y eil:iòt afthe "'IIurrícmc HOllsc." It iö tlu,,'¡ntQIII ofF¡lrlTl ('rc¡il of SOli 111 Floridu, ACA lt1 o~p]orc the potentia! orcoug¡:rucùJlg: !lús building for occllpanC) b)' th.;- USDA, 11\c Natural RC$Ourcc ConSC!'\alion SCI\i\;c, tllC COJ1s:olidutcd falm Scr\'ice AgenC)' and the St Lucie Water and Conservation District as weLl by Farm Credit Perswull oul' inirjal ~U!l\·tl""liuu"" il,< ¡;U\t:IUlIl<:utdl "¡;''''l~i~~ ''''I" in: "V!,IU.\i'll,,¡dj 3,000 "'-¡"'"< r<:d ur offic-c "I"'C". The JtlI'Jiji11lk1 ur lilt" bulldin.\; wuuld !J~ uliIiL~¡J IJ) F'itllU CJt"t1it. F~ifm Cn.'dil of South Florida, ltCÄ 1I'oold require ¡¡ long term leal;e 011 the I¡u¡d ...itb iWlììiro.l·tc~~lkol·tÐ· '" beginning cowtmçtjQn, The final ~ì:r.ç Of t"ç ~1r¡lÇI\1rç r¡¡¡~ IlIç pçtçnli¡l! t\1 ~ ilmendo;d if s\lch is åç~ir¡lblç, Wf; I1nticipalf. that SI 1 ,nck r.mn1\y will find Ihc pfO1()~111I1OCCI11ah1c ßlld as.';~ in ohtaining Ihe nccC;<iAAIj permits to II1Iow COInplcti01l (¡fllle project OncC aSS\ltance. l1<l\C becn obla.íned fl'Oln Slate and cown)' agencies for con.:eptual approval, Farm Credit III(l"ll~ lu I-lIII'SlIl', b"j,1ine; ,,),'I ~jll': J11i\11~ whh:h Vo'iI! :'W1ti.o;fy h.~tl1Ihr.I1f\ì.o;pc¡;¡iv, 1c.~.~c.r:.\ and Cffi1DIY co¡k~ for construction and Ilse. As further ÌJÚOJIdlIliOl1, Fanl1 CI'("Qi, or SOlllh Flol'irJa, Af' A i,~ a jJ\\'r.rnlIlr.nlaI R)OnROrl".rl f.111it)' r,IiITff.rl with Ùle n1i~~ion of providing :I Slablc :U1d competitive source of credit to the ¡¡g¡icWtural community. It is anticipat8d Ih:llthe (JÇ;uion within die l¡car¡ ofdle wowing ¡¡¡¡ri.çl1lmr¡¡1 resource ¡Ire" wiH be bCl!dki~1 to 311 concemçd p¡tt1iç~, We are rC{llIcs!ing Icllers of support in principill from all itllcrCSlcd pMics including represMtatives of the cmmly gowmnlom (}out'!XJll). Dr. C:¡lvin AmoTd or-the Univol'sil} ofF1orida Tndi~/1 Rh'er Research and Educ;ujofl ('{'mtr, 111(' rfln~fllir1am1 'Pflnn ~rvi'I', A¡:i~m;). 1,,~ NH0I 111111 f1l~ Rs Lm;ir. W;ilç;¡ IIIKJ Consc"'alion Dimict. If I c:m be of allY furthçr il$siJiIM1CC or addItional clarirlQllion is needed, plca~ do 1101 hCiilalC to call. Cordi¡¡lly. ~ .... éjf!' ..' .PD'~~ M,ÜlNly PrincipaJ ^ppraiscT Farm Credil OrSO\l(11 Florida, ACA ) -56 1-189-4661 I[J'J)) Ircritagc F¡¡rnl$ Rood take Worth, Flori\t~ 33466 . ----.. .... .......- ...... '- "" ....." '" BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON November 24, 1999 Mr. Carson McCurdy, Principal Appraiser Farm Credit of South Florida, ACA 10053 Heritage Farms Road Lake Worth, FL 33466 Dear Carson: St. Lucie County has been working for the past several months to put together a program to construct a facility on the State of Florida, Board of Regents, University of Florida owned land on Picos Road. This facility would house several agencies, including the United States Department of Agriculture (USDA) and Farm Credit of South Florida, ACA. We are very much interested in the construction of an approximate 5,000 square foot office building and are anxious to get the project underway. As you know, the County staff and County representatives are working with representatives of Farm Credit of South Florida, ACA and the USDA and support this project. . 4 Sincerely ';I /J- 4---- D ug16.s M. Anderson County Administrator .. . DMA:es99-l46 c: Board of County Commissioners Robert Bradshaw, Assistant County Administrator Anita Neal, Interim County Extension Director Mike Durette, Interim Central Services Manager Dan McIntyre, County Attorney JOHN D. GRUHN, Disrrict NO.1. DOUG COWARD. District No.2' PAULA A. LEWIS. Disrrict No. J . FRANNiE HUTCHiNSON. District No.4· CliFF CARNES. DIStrict No.5 County AdminisrraTor - Douglas M. Anderson 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 · Phone (561) 462-1450 · TDD (561) 462-1428 FAX (561) 462-2131 -- 00"000'006$ OO"OOO'OLL.$ OO·OOO'OS£..$ ""'" ){:J!lq 'Á.IO¡S aI~u!s lOJ 'U 'bs/00'06$ JO ¡SO:J pa¡tmI"!¡Sg: > O:J:Jn¡S 'Á.IO¡S-OM¡ 10J ·u 'bs/OO'LL$ JO ¡SO:J pa¡B1II"!¡sg: O:J:Jn¡S 'Á.I01S aI~u!S 10J ·u bS/OO'ÇL$ JO ¡SO:J pa¡mrrpsg: '000'01 JO ::J~B100J ::J1Bnbs pa1B1II"!1sg: DNIU'lHlH .llUrn::> WHV.!I ~ 0/90 vl/vO £ ~/lO O~/vO £~/£O 9~HO 80H~ £0/0 ~ l ~/60 31'10 ......" £qM' ~0I^jaN31^jV'\SI^j~O.::J\lV,~Ð\O~l1Vn0\13ÐÒn8\:Ð . :UOJ:>'1 pasodoJd Ja»'1 alqel!eA'1 a:>uees ~6!ì'6v ~ 008'£6$ Á1JsdoJd ¡!PSJ::J wJe.::J sse4:>Jnd 01 ueol :UOWJe pðsodoJd ~6&'&VZ 609'9!ì1. alqeneA'1 a:>ueles :pasn 11!101 OOO'Og£ 00 ~ -00œ8g-006 ~- ~OO S¡usws^oJdWI JS¡eS41 sSiJuns uo!¡eJ¡s!u!WpV OOO'OL Ol6~-000 ~£g-O ~ V~-~OO SS::>!NSS leUO!SssjoJd/uo!¡e6!¡il s¡e¡SIIV ÁSUJOnv Á¡un0::J 699'v$ 00 ~ -00 ~ vv9-006 k ~OO ~H / woo~ I!el^j JOj sU!4:>el^j s6e¡SOd sS::>Jnoss~ uewnH 009'<::l$ 00~-000~£9-006~- ~OO spssu suo!¡e::>!unww0::J uo 6u!llnsu0::J Á6oOU4::>S1 uo!¡ewJojul 6Ln~$ 6 ~6~-000~£9-006~-~00 (S)::>op SW!¡) SOUOJ)! 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A8N3ÐNl1N08 00B'£6$ 9~£ ONn.::! 01 N'VOl ONn.::!~31NI :AB 1ndNI '8 # 1N31111n:>Oa :# 1N31111aN31111'1f 13ÐanB :''1f^O~dd'1f BIIIIO :''1f^O~dd'1f 1N311111~'1fd3a :3:>N'1f''1fB ÐNINI'1f1lll3~ :lN3I111aN31111'1f SIH1 :3:>N'1f''1fB A:>N3ÐNI1NO:> :lN3I111aN31111'1f 13ÐanB ~O.::! NOS'1f3~ OOB-OO ~66Ç-0 ~66-~00 :IIIIO~.::! 9~£ :01 ~Ol ~O/ÇO ~OI£O/ÇO NOI1'VtJ1SINII^JO'1f :31'1fa'1faN3Ð'1f :31'1fa a3~'1fd3~d :lN311111~'1fd3a ÐNI1S3n03~ W~O:l .lS3n03~ .lN3WCN3W'9' .l3ÐCna ~ AGENDA REQUEST ITEM NO.A.... DATE: May 8. 2001 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Admini6tration Doug Ander60n County Admini6trator SUBJECT: Bi-Weekly Committee Report6 BACKGROUND: At the April 11. 2000 Board of County Commi66ioner6 Meeting it wa6 decided by the Board to place an item on the agenda, on a Þi-weekly Þa5i5. to give the Board an opportunity to provide update6 on the variou6 Committee5 and Advi60ry Board6 that they 5erve on. It ha5 Þeen decided by the County Admini5trator that thi6 item will Þe placed on the agenda on the 2nd and 4th Tue6day of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Thi6 meeting the Board will provide update6 on the following Committee6 and Advi50ry Board5 that they 5erve on: Committee Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acqui5ition Selection Committee Law LiÞrary Board of Tru6tee6 Trea5ure Coa5t Community Alliance Trea6ure Coa6t Council of Local Gov. Value Adju5tment Board Meeting Date La6t Wedne6day Quarterly a5 needed A6 needed Monthly A6 needed Monthly Monthly A6 needed T ouri6t Development Council Lake OkeechoÞee Coalition Other Committee6: Higher Education Committee Healthy Kid6 1st Wedne5day Quarterly COMMISSION ACTION: CONCURRENCE: Commi55ioner Lewi6 Barne5 Bruhn Barne6 Bruhn Hutchin60n Hutchin60n Barne6/Bruhn/ Lewi6 Hutchin50n Bruhn/Barne6 Coward Bruhn [ ] APPROVED [] DENIED [~OTHER: Reports given ;I 05/04/01 FZABWARR --- FUND 001 001001 001128 001130 001136 001256 001262 001804 001813 101 101001 101002 101003 101006 102 102001 105 107 107002 115 118 1 . - 1 J01 145813 145814 160 183 183001 183002 183004 183212 183213 304 310002 310003 316 316001 352 382 390 401 418 421 441 451 461 471 ~ '-' "wfJÌ ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #31- 28-APR-2001 TO 04-MAY-2001 FUND SUMMARY TITLE General Fund Recreation Special Events Section 112/MPO/FHWA/Planning FY01 TC Community Action Agency FYOO/Ol Blind Creek Park Dune Replanting EP CTD TRIP Grant FY 00/01 Manatee Protection Plan 11/ Fl Fish SFWM/SLSWCD Well Monitoring Program C/S/C Lawnwood Stadium Batting Cage Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Sheraton Plaza Fund Paradise Park Fund Port & Airport Fund Port Fund IRL SWIM Impound Rest IX 2000-2001 Lagoon License Plate gran Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court OSCA-Court Reporting Grant 00/01 OSCA-Article V Transcribing 00/01 Communication System Fund Impact Fees-Parks Impact Fees-Public Buildings Coúnty Capital Transportation Capital SHI Wastewater Treatment proj Fund Environmental Land Capital Fund Treasure Cove/Ocean Harbor S Cap Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund Holiday Pines Utilities Fund Building Code Fund EXPENSES 138,163.96 4,885.68 20.50 5,854.07 1,032.23 17,591.04 21.00 33.53 5,479.67 140,827.67 855.00 2,400.00 843,115.54 908.88 19,446.73 5,630.77 6,312.83 233,381.52 6,123.98 450.45 724.52 5,550.63 1,908.58 121.72 194.40 90.56 607.45 170.08 150.00 119.60 455.00 3,473.50 15,431.99 158,890.00 3,052.87 183,264.48 1,455.00 19,542.00 381,500.00 279.66 951,068.85 10,959.48 1,976.20 69,122.97 31,916.64 5,506.05 20,835.84 290.25 PAGE 1 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 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 ,. 05/04/01 FZABWARR FUND 501 505 510 611 625 694 '-' 'WIll ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #31- 28-APR-2001 TO 04-MAY-2001 FUND SUMMARY TITLE EXPENSES Information Technology Fund Health Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library Raintree Forest MSBU 120{712.08 216{581.63 41{008.80 904.73 425.00 7{127.49 GRAND TOTAL: 3{687{953.10 PAGE 2 PAYROLL 0.00 7{635.10 0.00 0.00 0.00 0.00 7{635.10 . " 05/04/01 F7l>.BWARR Fu¡~D: 001 '-' ...." ST. LUCIE COUNTY - BOARD DATA VOID LIST# 31- 28-APR-2001 TO 04-MAY-2001 - General Fund CHECK INVOICE VENDOR TOTAL 00269387 12112669 Pozniak, Adam 86.40 00270183 12114817 Oriental Trading Co Ine 94.05 FUND TOTAL: 180.45 PAGE 1 . . -"' '-' .,J 05/04/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR VOID LIST# 31- 28-APR-2001 TO 04-MAY-2001 F......ù: 107 - Fine & Forfeiture Fund CHECK INVOICE VENDOR 00269182 I2112165 Oriental Trading Co Ine FUND TOTAL: TOTAL 5.00 5.00 PAGE 2 '" 05/04/01 F7,I\BWARR E'udD: 140 CHECK 00270125 00270126 '-' 'WI ST. LUCIE COUNTY - BOARD DATA PAGE 3 VOID LIST# 31- 28-APR-2001 TO 04-MAY-2001 - Port & Airport Fund INVOICE VENDOR TOTAL I2114829 Hilton Hotel 849.76 I2114849 Hilton Hotel 849.76 FUND TOTAL: 1,699.52 . , \rw. ""'" 05/04/01 ST. LUCIE COUNTY - BOARD DATA PAGE 4 FZABWARR VOID LIST# 31- 28-APR-2001 TO 04-MAY-2001 FLo..0: 352 - SHI Wastewater Treatment proj Fund CHECK INVOICE VENDOR TOTAL 00270952 12116788 St Lucie Co Board Of Commissio 12116790 CHECK TOTAL: 15,633.00 3,909.00 19,542.00 FUND TOTAL: 19,542.00 /' '-' ...., 05/04/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR VOID LIST# 31- 28-APR-2001 TO 04-MAY-2001 FL,_.,): 505001- Property/Casualty Insurance Fund CHECK INVOICE VENDOR 00270839 12117036 Elpex Inc PAGE 5 FUND TOTAL: TOTAL 25.00 25.00 . ;1' '-' 05/04/01 ST. LUCIE COUNTY - BOARD DATA ,.." FZA.BWARR VOID LIST# 31- 28-APR-2001 TO 04-MAY-2001 Fi.J..¡); 694 - Raintree Forest MSBU CHECK INVOICE VENDOR 00270952 12116734 St Lucie Co Board Of Commissio 12116736 CHECK TOTAL: FUND TOTAL: TOTAL 2,591.08 4,536.41 7,127.49 7,127.49 PAGE 6 . f , \ ~ '-" ....., I' AGENDA REQUEST ITEM NO. c-J.,k DATE: 5-8-01 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Director SUBMITTED BY (DEPT) : Parks and Recreation SUBJECT: Budget Amendment 01-142/Equipment Request 01-250 BACKGROUND: The Civic Center purchased a new forklift which did not include some needed features as standard equipment. This equipment is safety and efficiency related. Because it exceeds $750 in cost and was not included in this year's budget, approval by the Board is needed. The cost of these add-on's is $1901. 44. t . FUNDS AVAILABLE: Funds are being transferred through the budget amendment to 001- 7510-546000-700 (Civic Center, Machinery and Equipment) . 4 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Budget Amendment 01-142 and Equipment Request 01-250. [x ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: CV' I~ county Attorney: ~ I Originat.ing Dept..· . ( Review and Approvals Management. & BUd~.b~tt6 Ot.her: Othtr: purChaSing:~ :-' 4 Finance: (Check for Copy only, if applicableJ___ ~ JI' 'iIo..,¿ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: LEISURE SERVICES / CIVIC CENTER PREPARED DATE: 04/24/01 AGENDA DATE: 05/08/01 , <O;:"j ""';~CCOÙNT"N'¡;';'E . "'. ~ '" " -,'"..'" . .¡. ,. ~ -, ,"'Ì-'·:·......~~P~-;.'.:...·"...t. > ACCOUN.nNUMBER . TO: 001-7510-564000-700 MACHINERY & EQUIPMENT FROM: 001-7510-546200-700 MAINTENANCE IMPROVEMENT PROJECTS '-III AMOUNT $1,905 4 t * $1,905 4 fork lift. REASON FOR BUDGET AMENDMENT: Funds to be used for additional attachments for the Civic Center's CONTINGENCY BALANCE: nla THIS AMENDMENT: nla REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01-142 DOCUMENT # & INPUT BY: G:\BUDGET\QUA TTRO\GENERAL\FORMS\AMENDM01.wb3 . " 1,-1 ~ ~ fij CI) s: LU Q: cn 0:: UJ..... Zc O~ Cñc:b !!2c ::æ:~ ::æ:o:: 0« OUJ..... ~~~ z«e :)0'" ocnc oü:.. LLO::~ 00« CLLC 0::1-« «cnC OUJZ m:)UJ )-O'C) I-UJ« zO:: :)1- OZ oUJ UJ::æ: _0.. 0- :):) .JO' .UJ I- cn ë w c z w ::¡¡¡ ::¡¡¡ o () w a: CI) LU U s: ffi CI) LU Q: :::> CI) ¡¡¡ -J ¡:.: Z W ::¡¡¡ I- 0::: <I: a.. w c o <: CI) ~ ë w > o 0::: a.. a.. <I: ¡:.: z w ::¡¡¡ w () <I: ...J a.. w a: ~ w ~ Q: ~ æ u u s: õ I- ~ u Ë '« I- u.. ~ Q: o u.. z o Ci) :> õ ¡:.: z w ::¡¡¡ a.. 5 o w ~ ~ ~ (1) E 0.. .1:: 's .; 0'(1) (1)~ ~.a {g .~ 1::.... C\ ° . Ûjl::~ C/C/~ C\C\..- C/~o (!)~~ 1;;.1::"- .2C\6') ~ 1;j .~ "::OC/ ~ (.)- () I:: "'0 ·s 9 ()O C/ (1) lO C\ I:: "- (1) (1) 6') C/ E~,g o()..... C/()..... () (.) ° ~)(.... ~(1):3 <.>:t:: 0 .S () (1) õ~t: I:: C\ (.) . ~(1)'E '1:ICQC\ ~ . &¡ .2 ~ ~~(1) ~.!!!:S !t::!IJ:..., "::::'-.Q ~ :...,~ ,£!g() ~ ·91 à5 (1)& () 1::,.;: I:: C\ (1) C/ ~ '- ~I::- ~ C\ ~ C\ :..., p ~....- o~o.. I;;. C\ 0.. ::J C/ C\ 0.. ....: .... .~ (1) ().... .... .... I:: '5' ~ (1) ::J uE.Q (.) .9, ,C/ "- ::J .... .~ 0' C\ U(1)~ Q) .~ CI) t:t:Š o ~ 6 o o ~ CD lO 6 ..- lO "- , ..- o o ö¿ w m ::¡¡¡ ::J Z I- Z ::J o () () ~ lO o 0) ..-- 6') ¡:.: Z ::J o ::¡¡¡ <I: I- W C) C ::J m z o ~ () ¡:¡: t= II) ~ o lO C\ , ..- o o lJ.J :it o w 0::: I- Z W ::¡¡¡ !!: ::J o W Apr 20, 14:16 EDT by: Nã~ionãl Lift Truck " ; National ~ft Truck Service ----------------------------------------- 2901 N.W. 2nd Street Fort Lauderdale, Florida 333ll "hOD. (J05 462-65QO ,..~ (J05) 4ti2-42S5 Pg 2 of 3 ., L QUO T E # 03S2042850 PAGE 01 QUO T E * 0352042850 095390 8th COpy PO# QUOTE 095390 QUOTE rn BOARO OF CO.CO~1ISSIONER It I 30ARD OF CO.CO'~:SSIONER & ST.LUCIE CO.FINANCE DEPT ~ ST.LUCIE CO.FINANCE DEPT 2300 VIRGINIA AVENUE 2300 VIRGINIA AVENUE ð FT.PEIRCE,FL 349B2-5652Õ FT.PEIRCE,FL 34982-5652 ~~=~=~~=~~~~~~~=~~~~~=======~~======~===~~===~~~=~=====~~================= 4 :Jnit ~: Make: M:.de 1 : Se:- #: 10537 YALE ERP035TGN36SV078 E807N03269Y LIFT TRlfK I 01 I Hete!r: I · o PLEASE BE ADVISE THAT THIS QUOTE bOES NOT INCLUDE FREIGHT CHARGES. TH~{K YOU FOR THE OPPORTUN:TY TO QUOTE YOU ON THE NECESSARY :T~{S YOU NE~D ON Y YOUR FORK LIFT. PLEASE SIGN, DATE,; ADD PO # AND FAX BACK TO ME AT 561 882 0683 THANK YOU. 4 I 1 1 1000: 4490010-48 HEX HJ BOLT .86 .66 I 10001 2 2: 5025669-02 WASHER .41 .82 i 1 11 10001 5040647-39 SPACER 1. 83 1. 83 i I 1 11 1000 5042342-66 NUT *B, 2.06 2.06 ! I' 1 1000 5062505-24 HANG ON sls ASS pj 595.35 595.35 ì , 1000 5042437-14 , I I i l' 11 1000 5200656- 04 STROBE LIG3T AS 102.38: 102.38 I I 2 2, 10001 5241393-24 KIT-F:i~T DR LIGH 83.63 16'7.26 I I lOOolJ08 2: i , 5059755-39 M::RROR *Ai 44.36 88.72 I 2: I I -' i 1000~03 5059755-59 BR}I.CKET-IU~ROR B' 39.0 I 78.14 I I I i ! 1 11 DODO' LABOR 464.00! 464.00 , ; t ****'¡':****,lri*****i*****I***-w,lr C 0 N T I N U E " ****~*******.***I*******.* I I ! I I w , , I , , ! I I ! I · · '0 Apr 20, 14:16 EDT by: Na:ional Lift Truck (14:23) Pg ] of 3 , Nationak Aift Truck Service -----------~---------------------------- l~Ol N.W. 2Ðd Street Fort Lauderdale, Florida 33311 I'~OJl' (305) 462-6500 ru (305) 462-4255 """" , L QUO T E # 0352042850 PAGE 02 QUO T E t 0352042850 095390 8th COpy PO# QUOTE 095390 QUOTE I!I J!~:~!~~~~~î~~~~;::::_5'52 1!1 f!~:~~i~~~~î~~~::::5'52 ========~~~~~=======~==================================~r================= , TOTAL MATERIAL TOTAL LABOR TOTAL FREIGHT 1037.44 464.00 400.00 · TO':'AL ORDER 1=========== 1901. 44 *,* This Quote Expires 05/11/01 **, Quote Faxed on: 04/19/01 4 · · ,/. '-' """" AGENDA REQUEST ITEM NO. C-2B DATE: May 8, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks and Recreation SUBMITTED BY(DEPT): Parks and Recreation SUBJECT: The donation from the St. Lucie County School Board of $2000.00 and Budget Resolution Approval # 01-97 and Budget Amendment # BA01-143. BACKGROUND: On February 8, 2001, The Children's Services Council awarded the County a grant in the amount of $7300.00 for the construction of the softball batting cages at Lawnwood. The St. Lucie County School Board also donated $2000.00 toward the completion of the batting cages. The $2000.00 has now been received and in order to utilize the funds, staff must have BOCC approval to expend the resources through a Budget Resolution. Staff is also requesting the approval in the amount of $67.00 for Children's Services Council matching fund shortage. FUNDS AVAIL.: Funds will be available in 001-7216-563000-7659· (Parks-Improyements other th buildings-Lawnwood batting cages project) .. PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve Budget Resolution # 01-97 and Budget Amendment # BA01-143 . [2] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: <1"\ Æ'^" &z-[f Coordination/Siqnatures Mgt. & BUdget~ f,oJl/I1fh,~ Other: Purchasing Mgr.: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft 1/97 H, \Aqendas\aqendaslcmoney. wpd ,~ , , . '" ...., RESOLUTION NO. 01-97 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for SI. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available thru a donation from the SI. Lucie County School Board for softball batting cages at Lawnwood Stadium. 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 SI. Lucie County, Florida, in meeting assembled this 8th day of May, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated forthe fiscal year 2000-01, and the County's budget is hereby amended as follows: REVENUES 001-7216-366900-7659 Donations $2,000 APPROPRIATIONS 001-7216-563000-7659 Improvements OIT Buildings $2,000 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner Doug Coward xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8TH DAY OF MAY, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ·. ;if .- BUDGET AMENDMENT REQUEST FORM . """ REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: PARKS AND RECREATION 1 LAWNWOOD 04/25/01 05/08/01 TO: 001-7216-563000-7659 FROM: 001-7215-546005-700 REASON FOR BUDGET AMENDMENT: CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: IMPROVEMENTS OfT BUILDINGS $67 SERVICE GARAGE MAINTENANCE $67 Funds to be used for matchin fund shortage for batting ca e at Lawnwood Stadium n/a n/a n/a 'WJ 01-143 G:\BUDGET\QUA TTRO\GENERAL \FORMS\AMENDM01. wb3 .. It, " ..... AGENDA REQUEST .,j ITEM NO. C-2C '-' DATE: Mav 8, 2001 REGULAR PUBLIC HEARING CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : PARKS & RECREATION/GOLF COURSE. PETER KEOGH, Parks& Recreation Director SUBJECT: Fairwinds Golf Course Maintenance Shop Kronos Time Clock purchase. BACKGROUND: NA FUNDS AVAILABLE: Funds will become available in 418-7250-564000-700 Golf Course, Machinery & Equipment. PREVIOUS ACTION: None RECOMMENDATION: Parks and Recreation staff recommends the Board of County Commission approve: 1. Transfer of funds, $2500, from 418-7250-531000-700 Professional Services into 418-7250-564000-700 Machinery & Equipment. 2. Approve the attached Equipment Request No. EQOl-251 and Budget Amendment No. BAOl-144 in the amount of $2500 for the purchase and installation of a Kronos time clock at the Fairwinds Golf Course maintenance shop. [X [ APPROVED OTHER: DENIED -----.. sAnderson y Administrator COMMISSION ACTION: y\~~~ew and Approvals X) Management & Budge~ \!JI ~ I X) Leisure Services/Golf: ~ X) Pur c has i n 9 Eff. 11/4/93 ('" '-' """" ,;' ;p " LEISURE SERVICES DEPARTMENT Fairwinds Golf Course MEMORANDUM TO: Board of County Commission FROM: Peter Keogh, Parks & Recreation Director VIA: Timothy Coolican, Golf Course Manager DATE: May 8, 2001 SUBJECT: Fairwinds Golf Course Maintenance - Kronos Time Clock The Finance/Payroll Department, in collaboration with Information Technology Department are working towards all County offices to report payroll through Kronos/Banner interface. In order for Fairwinds to report payroll to Finance from the Maintenance Shop area, it is necessary to purchase and install a Kronos time clock. RECOMMENDATION: The Parks & Recreation staff recommends the Board of County Commission approve: 1. Transfer of funds, $2500, from 418-7250-53100-700 Professional Services into 418-7250-564000-700 Machinery & Equipment. 2. Approve the attached Equipment Request No.EQOl-251 and Budget Amendment No.BAOl-144 in the amount of $2500 for the purchase and installation of the Kronos time clock at Fairwinds Golf Course maintenance shop. " '-' ..., '" -- , BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PARKS AND RECREATION 1 GOLF COURSE (MAINT) PREPARED DATE: 05/02/01 AGENDA DATE: 05/08/01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 418-7250-564000-700 MACHINERY & EQUIPMENT $2,500 - FROM: 418-7250-531000-700 PROFESSIONAL SERVICES . $2,500 REASON FOR BUDGET AMENDMENT: Funds to be used for a new Kronos time clock for the Golf Course Maintenance area. CONTINGENCY BALANCE: nla THIS AMENDMENT: nla REMAINING BALANCE: nla DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01·144 DOCUMENT # & INPUT BY: G:\BUDGEnaUA TTRO\GENERAL \FORMS\AMENDM01.wb3 /' , ì m c.... DJ m ,~ 0 D c c D m c en 0 c "'0 "'0 :::! G) "'0 en :Þ 3: "T1 m 3: Õ ;1J Õ -I Z -I m m 3: z :Þ :Þ z -I -I 3: :-:I m :;0 Õ 0 z m z c :-:I D .. z ~ . :-:I rn -0:-1 "&9 :::! G) j; 0 ::J-~:::J" .foV ct> -, ct> ~ 0 <::> $:() U'I r- ~ ..... QJ ~ :!1 <::> ." I <::> 0 foV _....... :::s 0 en U'I ::J 0 QJ r- Þ ..... <D~::;' 0 0 ::J ct> () 0 c: êJ QJ ï::J ct> ^ ::t:J ::JO' C/) ::t:J ()4lJ ct> ï::J QJ rn Iì1 enQ:¡~ , 0 ::J- '" 0 ~ ::t:J aè3::::: ~ ï::J ::::: t1 .~ Q:¡ SO ct> :::! '"' ï::J rrl U'J ct> a Q:¡ 0 -I .Q:¡ c: ;:¡ ~ <: m~ ;:;: (Q :3 èij' :r- CD <: Dc ::J g~ 0 C("') Iì1 ~ ::J 5' ,,- <D 0 () s::m CI> CI> 0 m("') ~........=:::: ~ OJ Q:¡ zO Q:¡ t)' -IC õ::J ~ Z ::J Qj »;;tI-I "'C~~ . s¡ -.g G')m-< () ::J mDm ::J-ro::E QJ;:¡';:;: ZCO CI> Q:¡ ::J- crn» <D () _ >" Q:¡ ct> ::J '- »-I;;tI ::J' Õ' ~:;¡-~ z ; :Þ ;1J C"T1C (") m "'0 m »00 (") ::J 0 0> ~ "'0 (") 0 ~a.~ ¡.... :;0 0 -I;:tI"T1 :;0 m c QJ ct> 0 0 3: .. "T1 ("') Z :::;....,:J m < -I O>Õ':-I "'0 m 3: C ëño x-,<D r- 0 m ("')C z a."g. :Þ z CJ1 - »z c ::J 0> ::J (") 0 C 3: o _. 0 m m co r-l CI>~õ 3: 0 - -<-< DJ ~ -'CC C m _. :J '< m .... m("') ? ~ ~ Q:¡ z »0 QOca :-:I ;;tis:: o -, ::E NS:: () (j 0 . :>;-ï::J ,., C - . 0:>;- I· cU'J ~ 5' I· cU'J ï::J(Q . - Q:¡ - NO ~ '" 0 ~ ~ gz ..... a ::E 0:> :::::0> ....m , -èl ~ C/) ;;tI "-I foV o CI> U'J U'I ::!1Q:¡ <::> :::s' ::::: , Q:¡ 0 U'I 0) :J 0 ~ () c: C ct> ::J C d~ c , :3 c¡ <: c 0 ::t:J Iì1 :s en . t9 ,f '-' ~ C:3 , ~- .......~ AGENDA REQUEST ITEM NO :r(\"l~nf-f,rtk~1u(ll. DATE: May 8, 2001 . REGULAR [ ] PUBLIC HEARING CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roqer A. Shinn SUBMITTED BY (DEPT) :Central Services SUBJECT: Hiring of Project Manager BACKGROUND: With the growth of this County, a oversee improvements to County facilities, Fairgrounds Project. Project Manager is needed-to new construction and the PREVIOUS ACTION: Approval of Investment for Future Fund FUND AVAIL.: Funds will be transfered into the appropriate salary & benefits accounts. Funded by Investment for the Future (316) RECOMMENDATION: Staff is requesting the Board approve the hiring of a Project Manager to oversee new projects, including the Fairgrounds Project. This position is one(l) of the two(2) requested in our decision packet, part of Phase III. [X ] [ I APPROVED OTHER: [ ] DENIED COMMISSION ACTION: County Atty: () Purchasing: () (k Review and APpr;; ~ Management & t: () Origin. DePt:(~ Other: () Eff. 6/3/96 ~ ;' - , ~ ..." MEMORANDUM CENTRAL SERVICES TO: Board of County Commissioners FROM: Roger A. Shinn, Director, Central Services DATE: May 2, 2001 SUBJECT: Agenda Request Hiring of Project Manger BACKGROUND: The Board of County Commissioners made an all-important commitment to the growth ofthis County several years ago by approving the Investment for the Future Fund (Utility Franchises Fee) and the various Impact Fees. These two(2) items provided the funding source, not only to continually improve existing facilities, but to develop a plan for future growth. This funding source has also provided us the opportunity of applying for additional grants. As the County grows so do the number of projects. It is becoming increasingly difficulty to keep up with on-going projects, put together specifications for new projects and keep things moving as scheduled. As a result, Public 'Works has taken on the added responsibility of managing the Regional Sports Stadium Project, which illustrates the need for another Project Manager to oversee facility improvements and new construction. On January 26, 2001, the Board recognized the need for an additional Project Manager. We are requesting that the Board move up the hiring of this individual due to the growing concern over the new Fairgrounds. This is going to be a very involved project. It would benefit us to have a person dedicated and aware of every aspect ofthe project as it proceeds from beginning to end. Time is slipping away on this project if we expect to utilize the site for the fair next year. RECOMMENDATION: Staff is requesting the Board approve the hiring of a Project Manager to oversee new projects coming on line including the Fairgrounds. This position will be funded by Investment for the Future Funds. This position is one(l) of two(2) requested in our decision packet. It was to be part of Phase III. -----=) "'.~~ ~ML' RO ER A. SHINN RAS:bk .; "" - . f " . ..... ...; JOB CODE 518 PAY GRADE 21 SALARY $37,128.41 - $58,638.96 PROJECT MANAGER MAJOR FUNCTION: Project Manager is responsible for the administration, management, directing and coordinating of both Capital Projects and Improvements. Develop required specifications and contracts to accomplish specific projects. KNOWLEDGE. ABILITIES. and SKILLS NEEDED TO PERFORM JOB FUNCTION: Knowledge: Knowledge of modem techniques, methods, practices and procedures of Capital Projects. Knowledge of the practices and procedures used in the planning, development and construction of projects. Abilities: Ability to write job specifications and contracts to accomplish special projects. Ability to establish and maintain effective working relationships with consultants, the general public, employees and officials. Ability to express oneself clearly and concisely, orally and in writing. Ability to supervise, coordinate, review and evaluate all phases of capital projects. Ability to apply and understand some of the principles, methods and techniques of a limited range of architectural and engineering systems. ESSENTIAL JOB FUNCTIONS: Act as a Project Manager on a variety of projects. Direct all phases of project construction. Acts as Liaison/Project Manager between field operations, various County Departments, and outside contractors. Coordinates construction management activities and advises departments on various projects. Keeps apprized of new developments. Responsible for keeping contract and specification documents up to date. Responsible for the coordination of various regulatory and permitting requirements. Attends Board of County Commission Meetings when required. ESSENTIAL PHYSICAL SKILLS: Occasional walking and standing. Ability to communicate concisely orally and in writing. ENVIRONMENTAL CONDITION REOUIREMENTS: Work inside an office for long periods and in the field with dust, heat and physically dangerous areas during construction operations. ENVIRONMENTAL WORK HAZARDS: Working in areas while construction operations are occurnng. EDUCATION: Four year degree trom an accredited college or university in Public Administration, Contract Management, Project Management or related field. A comparable amount of training or experience may be substituted for the minimum qualifications. EXPERIENCE: Candidate must possess a sound background in facilities construction, repair, maintenance and management. Needs to possess a thorough knowledge of County operations, periodic inspections and budgeting. Computer experience with speadsheets and wordprocessing is required; experience with Wordperfect and Quattro Pro is preferred. A comparable amount of training or experience may be substituted for the minimum qualifications LICENSE. CERTIFICATION. OR REGISTRATION: Florida drivers' license and a good driving record are required. " ... '........ ...., ITEM NO. DATE: C-4 t!- . Mav 8. 2001 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( ) ~:. teo J. Cordeiro Solid Waste Manager SUBMITTED BY (DEPT): SOLID WASTE DIVISION SUBJECT: Staff requests the Board of County Commissioners' approval for the purchase of three Motorola mobile radios. BACKGROUND: When the initial listing for radios was compiled to comply with the new county wide radio system, three vehicles were inadvertently left without radios. This request is purchase radios to provide communication capabilities for these vehicles. FUNDS AVAILABLE: Funds are available in Equipment Account #401-3410-564000-300 Line to line will be done after Board approval moving funds to proper program number for expenditure. Equipment Account #401-3410-564000-2609. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners' approval for the purchase of three Motorola mobile radios for a total of $3,438 (Equipment Request # 01-252). Review and Approvals COMMISSION ACTION: ClAPPROVED o OTHER: o DENIED County Attorney: Management and Budget: ~,JOther: (Landfill) fp;m~ Purchasilt$J: Other: jJ,~ , Originating Dept: (Pub. Wks.) Finance: Check for copy only, if applicable: H:\\W\Agendas\Radios.wpd m c c ,. D '-' c <: m c en "tI ;:¡ -I ëñ > ~ õ ~ i: Õ m z z > 3!: -I -I m ::u Õ z m ¡;¡;: :-:I D ;I!: IT1 èii ~ (I) '1J 0 ;:! 0 ¡j5 c ~ CD r- .... ::. 6 r- , ...: Õ I\) ::.- ~ 01 0 ~ I\) c: CD ~ ..... :3' ¡¡¡ ;::;: (I) sa. 9i: iT1 :u o' :x; fII Ðr (I) s: ~CQ ¡;;. Õ' CD ~ en ..Q ¡¡¡ -I c: Q, m" CD ~. t (I Or- ..... e:e: ¡;;. ~ -(') Õ en ,,- " g. š::m 4 c: m(') Ò ::. ::.- CD zO Q õ -Ie: (I :::uZ CD 8 to) 3 m=<! Q " Om &~ · ~ ::¡: e:o g §: rn> 9?. St -I:::U > 3 CD > ::u "11C 0 0 ::. "tI m 00 0 0- CD "tI 0 0 ~ ::¡: ::u 0 :::U"11 C ¡¡¡ 8 0 s::: "11(') Z < s::: enO -I sa. § m t o' c m (')e: z fII ~ Z >z c c s::: ~ m ~=<! · OJ c:¡: C m (þ ?:' ¡¡¡ m(') sa. >0 o' :::uš:: (I Nš:: ~ 0- (j) oen ,3 oen ,_ ~ NO · .;.. ~ ~ 8z c ø .... (þ .....m I C/) c:: :::u to) ~ .;.. -I en .... ::.- t:IJ <;:> õ' -< 01 èii 0) (I 0 .;.. ~ ~ c c <;:> ø I\) :3' ð 0) c Q <0 Q, (ß it ::. ~ ~ S ~ ... ""'" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: BACKGROUND: 4. , ..",,¡ ITEM NO. C:1.\ "ß DATE: May 8,2001 REGULAR [ ] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: ~t"l\&-i.~ __ íDonald B. WeJ.., P.E. County Engineer Establishing MSBU Administrative Fee Policy See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-080 establishing a MSBU Administrative Fee Policy; and authorize the Chairman to execute the resolution. COMMISSION ACTION: [X] APPROVED [ ] OTHER: [xJCounty Attorney [x]Public w~ [x ]FinanC~ [ ] DENIED ~/ ¿~ Coord Ination/Slanatures [x ]Mgt. & Budget 1ti£) frlnl: [X ¡Co. Eng -ì~ . r [ ]Purchasing [ ]Other · '" "" ....,,¡ COMMISSION REVIEW: May 8, 2001 ENGINEERING MEMORANDUM NO. 01-118 TO: Board of County Commissioners FROM: Donald B. West, County Engineer DATE: April 23, 2001 SUBJECT: MSBU Administrative Fee Schedule BACKGROUND: Attached is Resolution No. 01-080 which establishes an "Administrative Fee" policy for MSBU projects. Five (5%) percent of the capital costs, or a minimum of $6,500, whichever is greater, shall be collected for the administration and management of MSBU projects. Four (4%) percent will be allocated to the Transportation Trust Fund and One (1 %) percent to the General Revenue Fund. These fees will be used to offset the administrative, legal and budgetary costs. Five (5%) percent fairly represents the cost of services necessary for managing MSBU projects and is comparable to the administrative fees charged by other counties. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-080 establishing a MSBU Administrative Fee Policy; and authorize the Chairman to execute the resolution. cc: Staff Concurring MSBU Coordinator policy\aga-admfee. wpd >/- - ( r ~ ~ RESOLUTiON NO. 01~080 A RESOLUTiON OF THE BOARD OF COUNTY COMMiSSiONERS FOR ST. LUCiE COUNTY, FLORiDA, EST ABLŒHiNG A POLiCY FOR MUNiCRPAL SERViCE BENEFRT UNiTS ADMiNiSTRATiVE FEES WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has made the fonowing determinations: 1. lo/1!.unicipal Service Benefit Units (MSBUs)are created to be self supporting. lVJ\.SBU's require that the Board and its staff manage the special assessments. 2. The costs for the administrative, legal and budgetary management is financiaHy funded by the Transportation Trust Fund and the General Fund. Therefore, staff time that is specifically related to a MSB U shouM be reimbursed to the Board for such support. 3. This Board should rescind all past policies with regard to administrative fees and establish a new policy for the administrative, legal and budgetary fees. NOW, THEREFORE, BE iT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as fonows: 1. This Board does hereby rescind an past policies with regard to administrative fees for MSBU's. 2. This Board hereby establishes a new policy of administrative fees for MSBUs. ~ . '-' ., 3. The .i\dministJrative Fee shaH be a minimum of five per cent (5%) of the total capital costs, or a minimum fee of five thousand JoBars ($5,000.00) to reimburse the Transportation Trust Fund together with One thousand five hundred doHars ($1,500.00) to reimburse the Genera} Fund, whichever is greater, Capita1 costs wiH indude, but not be limited to, the foHowing: construction costs, engineering, design, surveying, permitting, soil testing and environmental costs. 4. The Administrative Fees shal1 be paid upon the completion of each ]V[SBU project. ~f\fter motion and second, the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice~Chail'person Commissioner Cliff Barnes Commissioner Paula A. Lewis Commissioner John D. ]Bruhn xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this XX day of XXXXX, 2001. ATTEST: BOARD OF COUNTY COMMKSSKONERS OF ST. LUCKE COUNTY, FLORKDA Deputy Clerk Chairperson APPROVED AS TO FORM AND CORRECTNESS: County Attorney '" - ., '-' v, AGENDA REQUEST ITEM NO. C-4C DATE: May 8, 2001 SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: (~~~1t~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Permission to advertise for consultant services for the Lennard Road PD&E Study. BACKGROUND: The section of Lennard Road between Cane Slough Road and the Port St. Lucie High School is planned to be constructed as a four-lane divided road using state advance funding through the Florida Department of Transportation. Additionally, the section of Lennard Road between Port St. Lucie High School and Silver Oak Drive is planned to be constructed as a two-lane road using the state advance funding. (See attached map). The FDOT has pledged $15.26 million in state advance funds for this project. The County will receive a Notice-to-Proceed authorization letter from FDOT on or about July 1,2001. (See attached letter). This action will allow the County to proceed with initiating a Project Development and Environmental (PD&E) Study for Lennard Road. County staff proposes to begin the process of advertising for selection of a consulting engineer to complete the PD&E Study for Lennard Road. . FUNDS AVAIL.: Bond secured with FDOT state advance funding in the amount of $15.3 million dollars. PREVIOUS ACTION: n/a RECOMMENDATION: . Staff is requesting permission to advertise for consultant services for the Lennard Road PD&E Study. [x] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Do gl Anderson County Administrator ~/ If iÍ. / [x]Originating Dept. Public Works !: ~ lennardpd&eadv.ag Coordination/Signatures [x]County Attorney [ ]Mgt. & Budget [x]Co. Eng ~f~' ( [x]Revenue coord.~ [ ]other ¡! .\w C'-: f;c G ... (J ()V-(,. Ir /JON ¿,;. I) A IV ,...... tJç/!J C Florida Department of Transportation JEB BUSH GOVERNOR rnOMAS F. BARRY, JR. SECRETARY March 20, 200} Raymond L. Wamy Public Works Director St Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Wamy: RE: Advance Funding for the Design, Right of Way Acquisition. and Construction of Lennard Road This is to advise you that the funding approval is on schedule. The LAP Agreement has been executed by our District Secretary, and the total funds have been encumbered. We will obtain federal authorization after July },zoo} for the Design and Right of Way portion of the project. I will send you a Notice to Proceed letter at that time. Yau are not to proceed with any reimbursable work until you receive that N. T.P.leUer. Call me at (954) 777-4684 if you have any questions. ~ Gary M. Keife, P.E. Local Agency Program Administrator c . Cc: M. DeRosa C. Balogh Letter. St. LUCie C OUnty PUb/' IC Works www.dot.state.fl.us ø RECYCLED PAPER ~ AGENDA REQUEST I"" NO. c-sA DATE: May 8, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin · SUBJECT: Budget Resolution 01-98 for the $700,000 Taylor Creek Restoration Grant awarded by the South Florida Water Management District (SFWMD). BACKGROUND: N/A FUNDS WILL BE AVAilABLE: 140800-4315-337310-4657 SFWMD Taylor Creek Restoration Grant PREVIOUS ACTION: On May 1,2001 the St. Lucie County BOCC accepted the $700,000 grant from SFWMD for the Taylor Creek Restoration and approved Work Authorization No.1 with BCI Engineers, Inc. for the design and permitting phase of the project. · RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 01- 98 to appropriate and expend funds from the SFWMD Taylor Creek Restoration Grant. · [x] APPROVED [] DENIED [ ] OTHER: · COMMISSION ACTION: Coordi nation/SiQnatures County Attorney: XX ~ " 11M,. mllÎ^^" Management & Budget: ~Furchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G: IE U DGET\ WP\A GENDA'S\AgendaO 115'8 T aylorCr _gran 1. "']Jd / "-' RESOLUTION NO. 01-98 ..., WHEREAS, subsequent to the adoption of the 5t. Lucie County Board of County Commissioners budget for 5t. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the South Florida Water Management District in form of a $700,000 grant for the Taylor Creek Restoration project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 8th day of May, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-01, and the County's budget is hereby amended as follows: t REVENUES 140800-4315-337310-4657 South Florida Water Management $700,000 APPROPRIATIONS 140800-4315-563005-4657 140800-4315-563000-4657 Imp orr Buildings - Consulting Engineering Improvements orr Buildings $150,000 $550,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8TH DAY OF MAY, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\B UDG En WPIAG ENDA 'SlAgen daG 1 \5'8TaylorCr -1!I'an t. wpd '8 ORJ'JNAL SOUTItFLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: ST. LUCIE COUNTY. FLORIDA C-I0282 Address: 2300 Virginia Avenue M/WBE Goal: 0% Ft. Pierce, FL 34~0700 COST SHARING INFORMATION Project Manager: Don1West Total Project Cost: $ 1,435,000.00 Telephone No: (561) 462-1707 Fax No: (561) 462- 2362 COUNTY Contribution: $735,000.00 Hereinafter referred to as: COUNTY PROJECT TITLE: INDIAN RIVER LAGOON TAYLOR CREEK DREDGING The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - l'<ot Applicable Exhibit "H" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable Exhibit "G" - Not Applicable TOTAL DISTRICT CONSIDERATION: $700,000.00 AGREEMENT TYPE: Not·to-Exceed Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: ·Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: 3 Years EFFECTIVE DATE: Last Date of Execution bv the Parties District Project Manager; Paul Ezzo District Contract Administrator: Telephone No: (561) 223-2600 Patrick M. Ryan (561) 682-6757 Fax No. (561) 223-2608 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE COUNTY AT: ST. LUCIE COUNTY, FLORIDA South Florida Water Management District 3301 Gun Club Road 2300 VirgÎiúa A venue West Palm Beach. Florida 33406 Attention: Procurement Department Ft. Pierce, FL 34950-0700 Attention: Donþ West IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. ST. LUCIE COUNTY, FLORIDA SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNlNG BOARD Accepted By: Accepted By: Signature of Authorized Representative Jessica Flathmann, Acting Procurement Director Date: Title: Date: Ie 1r~:rM~R~ Date: &5-~1 " "". \tÌ EXHIBIT ''D'' PA YMENT AND DELIVERABLE SCHEDULE The County shall submit the following deliverables as part of this project: Payment and Deliverables Deliverable Due Date Not-to-Exceed Payment Amount Task 1: June 11, 2002 $150,000.00 Obtain all necessary permits, design and prepare bid specifications Task 2: February 28, 2003 $0 Construct' and provide for suitable disposal Task 3: August 29, 2003 $0 Remove sediment as necessary from Taylor Creek downstream of S-50 Task 4: On-going $0 Continually monitor the Site Task 5: November 29,2003 $550,000.00 Submit to the FDEP a final post-dredge bathymetry (certification) of Taylor Creek as final deliverable Total Not-to-Exceed Amount $700,000.00 The County shall invoice the District in accordance with this Payment and Deliverable Schedule. At the end of the project, the District will require the County to provide FDEP certification of the project. Upon receipt and acceptance of deliverables by the District, the District agrees to pay the County for actual costs incurred up to the not-to-exceed amounts specified above. The invoices shall be accompanied by adequate supporting documentation as described in Article 3.2 of the Agreement, including copies of invoices paid by the County. Page t of t, Exhibit "D" to Agreement No. C-t0282 .~ 8 so~ FLtJJllDA WATER MANAGEIV..ßNT DIITRICT EXIDBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 .. COMPENSATIONI CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page I of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocations for each DISTRICT fiscal year indicated on Page I of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT 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. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work perfonned hereunder. . 2.4 The COUNTY by executing this AGREEMENT, certifies to ttuth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant swns by which the consideration was increased due to inaccurate, incomplete, or non-<:urrent wage rates and other factual unit costs. The DISTRICT shall make any such adjustmein within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 . INVOICING AND PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page 1 of this AGREEMENT.. The COUNTY shall not submit invoices to any other address at the DISTRICT. . 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets. payment vouchers, expense reports, receipts and subcontractor invoices. Page I of9. Exhibit "S" Contract File:\County.doc 04/02/0 I '" soðtwB FL~.uDA WATER MANAGEIVu£NT MTRICT EXIllBIT "B" GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services andlor deliverable(s) r~uired by this AGREEMENT. However. failure by the COUNTY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. . 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the conunencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the perfonnance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page I of the AGREEMENT. All fonnal notices between Ùle parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt r~uested, to Ùle respective addresses specified on Pagè I of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices r~uired by this AGREEMENT shall be considered delivered upon receipr. Should either party change its address. written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page I of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees. servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within Ùle scope of their emploYITl"'nt during perfonnance under Ùlis AGREEMENT. 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. . , 5.2 In the event the COUNTY su!x:ontracts 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 for work under this AGREEMENT shall include a provision whereby the COUNTY's su!x:ontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's su!x:ontract. . ARTICLE 6 - TERMINATIONIREMEDIES 6.1 [f eiÙler party fails to fulfill its obligations under Ùlis AGREEMENT in a timely and proper manner, Ùle other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. [f the defaulting party fails to correct the deficiency within this time, the non-defaulting party Page 2 of9. Exhibit "B" Contract File:\County.doc 04/02/0 1 / 8 SO~I FLOKIDA WATER MANAGE~NT ntIITRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS shall have the option to tenninate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to tenninate for default in accordance with this provision, the DISTRICI' shaIl be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the COUNTY of a Notice of Tennination specifying the extent to which performance of work under the· AGREEMENT is terminated. and the date upon which such termination becomes effective. In the event of tennination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shaIl be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages. under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 If eiti.er party initiates legal action, including appeals. to enforce this AGREEMENT, the prevailing party shaIl be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shaIl be impartial. shall be selected by the parties, and the cost of the mediatior'l shall be borne equaIly by the parties. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that aU or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances . may include, but are not limited to, unexpected technical developments, direction given by th~ DISTRICT's Governing Board, a condition of inunediate danger to DISTRICT employees. or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to. lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICI'. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICI' is received. Upon resumption of work, if deemed appropriate by the DISTRICT. the DISTRICI' sha1l initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "Cft, Statement of Work andlor the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page 1. with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on Page 1 of this AGREEMENT. In the event such COUNTY matching funding andlor in-kind services becomes unavailable, that spall be good and sufficient cause for the DISTRICI' ·to tenninate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 . RECORDS RETENTION! OWNERSHIP 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and. audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records Page 3 of9, Exhibit "S" Contract File:\County.doc 04/02/0 I '" soo-a FL0rtIDA WATER MANAGElVlliNT MTRICT EXIllBIT "B" GENERAL TERMS AND CONDITIONS and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates. expenses. research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice. time and place. C. Extended Availability of Records for Le2al Disputes: In the event that the DISTRICT should become involved in a legai 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, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title. copyright and other proprietary rights in all work items. induding 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 COUNTY. its subcontractOr(S), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT. and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant. without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use. license or sell any work developed. created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the tefIIÙnation or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license frOIr. a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable. non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transfcned from the COUNTY to the DISTRICT immediately upon tennination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or tennination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with, a normal expected life of one (I) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shaH notify the DISTRICT in writing within five (5) working days of such occurrence. . Page 4 of 9, E;(hibit "B" Contract File:\County.doc 04/02/01 , 8 SOU'-d FLOKIDA WATER MANAGEM~NT _mCT EXIllBIT "B" GENERAL TERMS AND CONDITIONS 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT. the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce. distribute or disclose such software to any third party. Use 0 f or access to suc h so ftware shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 . STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state. and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance. but will attempt to advise the COUNTY. upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin. handicap, age, or sex. in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Rorida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Rorida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT. acknowledges and attests that neither it, nor any of its suppliers. subcontractors, or consultants who shall perfonn work which is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list The COUNTY further understands and accepts that this AGREEMENT shaH be either void by the DISTRICT or subject to immediate termination by the DISTRICT. in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133. Florida Statutes. The DISTRICT. in the event of such temúnation. shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICNSocial Security and other applicable t'ixes resulting from this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person. other than a bona fide employee working solely for the COUNTY. to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift. or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision. the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift. or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119. Rorida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119imd related Statutes. the burden of establishing such exemption, by way of injunctive or other relief as provided by law. shall be upon the COUNTY. 4 8.7.1 Pursuant to Sections 1l9.07(3)(o). and 240.241 Florida Statutes. data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c). Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT. pursuant to Chapter 119. Page 5 of9. Exhibit "B" CO[Hract File:\County.doc 04/0210 I ,/ 8 SO~H FLv.tUDA WATER MANAGE~IßNT ~TRICT EXlllBIT "B" GENERAL TERMS AND CONDITIONS Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining pennits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, as the DISTRICT'S COUNTY for this project, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shaJI have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 . RELATIONSIßP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the perfonnance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISI'RICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The COUNTY shall not assign, delegate, or otherwise transfer, its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.4 The COUNTY shall not pledge the DISTRICTs credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement. lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 -l\-VWBE PARTICIPATION Page 6 of9, Exhibit "B" Contract File:\County.doc 04/02/0 I / SOU\.I FLO.rdDA WATER MANAGEM.c.NT DillrRICT EXIllBIT "B" GENERAL TERMS AND CONDITIONS 10.1 The COUNTY hereby acknowledges that no Minority and Women Business Enterprises (M/WBE) participation goal has been established for this AGREEMENT; however. both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MlWBE participation. such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program. laws. ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - YEAR 2000 COMPLIANCE In the event that the COUNTY's performance. as required by this AGREEMENT, involves the use and/or delivery of a software, fumware andlor hardware product of any kind, the following language in this Article 11 shall apply: ILl COUNTY represents and warrants that the software, firmware andlor hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software. firmware andlor hardware will operate during each such time period without error relating to date data. specifically including any error relating to, or the product of. date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, COUNTY further represents and warrants: I) that the software. fumware andlor hardware will not abnormally end or provide invalid or incorrect results of date data. specifically including date data which represents or references multiple centuries; 2) that the software. fmnware andlor hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century; and 3) that the software. firmware andlor hardware includes Year 2000 Compliance. For the purposes of this AGREEMENT. Year 2000 Compliance also means that the software. firmware andlor hardware will: (i) manage and manipulate data involving dates and leap year calculations. ineluding single century formulas and multi<entury formulas. and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT. at no additional charge with, (i) fixes. corrections and updates to the software, firmware andlor hardware that are necessary to ensure Year 2000 Compliance as defined herein. and (ii) advice, consultation and assistance to use the software. firmware andlor hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, fmnware andlor hardware. (iii) and, if deemed necessary by the DISTRICT, replacement software, fumware anellor hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase andlor license andlor receipt of a software, firmware andlor hardware product of any kind previously developed by thèCOUNTY or other third party. and in the event fixès, corrections and updates of the software are not technically feasible. the COUNTY shall accept the return of the software, fumware andlor hardware if this Year 2000 Compliance Warranty is breached. and terminate any and all applicable Schedules andlor License Agreements. Further, the COUNTY shall refund to the DISTRICT the fuIl amount of the License Fee actually paid to the COUNTY for the software; and, in the case of hardware return, the COUNTY shaIl refund to the DISTRICT the fuU amount of the hardware actually paid to the COUNTY by the DISTRICT. In addition to the foregoing, the Page 7 of9, Exhibit "8" Contract File:\County.doc 04/02/0 t , 8 SOl~:1 FLOKIDA WATER MANAGE~NT ~TRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS COUNTY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever; as may be determined by a court of competent jurisdiction (including damages and equitable reliet). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Article 11, in its entirety, shall survive the expiration or termination of this AGREEMENT. ARTICLE 12· GENERAL PROVISIONS 12.1 Notwithstanding any proVIsIons of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy. unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion. force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circwnstances, but this AGREEME,NT shall otherwise remain in effect This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that perfonnance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any proVISIons of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to inSIst on strict performance of any covenant, condition. or provision of this AGREEM&'IT by the parties. their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or proVIsIOn of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof. by force of any statute, law, or niling of any forum of competent jurisdiction. such invalidity shall not affect any other term or provision of this AGREEMENI', to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEl-ŒNT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made. by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. Page 8 of 9, Exhibit "8" Contract File:\County.doc 04/02/0 I ;' 8 S0l\.;I FLG...JDA WATER MANAGElY.u:.NT EJTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other hannful substances regarding their safe handling and use. including instruction on the potential hazards. personal hygiene and required perwnal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 13.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA). the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT perfonnance. 13.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to. establislùng and supervising programs for the education and training of employees in the recognition. avoidance. and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain. as required by existing conditions and perfonnance of the AGREEMENT. reasonable safeguards for safety and protection. including posting of danger signs and other warnings, against hazards. 13.7 The COUNTY shall take reasonable precautions for safety of. and shall provide reasonable protection to prevent damage. injury. or loss to: 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY. or the COUNTY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, Structures, building, vehicles, and equipment not designated for removal. relocation or replacement in the course of work. 13.8 The COUNIT shall provide first aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence. to prevent threatened damage, injury. or loss. 13.11 Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors. use petroleum products. hazardous chemicals, or any other chemicals used on or about the site. the COUNTY shall be responsible for handling these chemical constituents in accordance with federal. state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor. air. ground. surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond inunediately to clean the site, at his expense, to the complete satisfaction of federal. state. local regulatory agencies and to the mSTRICT r~uirements. 13.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT. at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees. ~uipment, or property exist. This provision shall not shift the responsibility or risk of loss for inj uries or damage sustained from the COUNTY to the mSTRICT; and the COUNTY shall remain solely responsible for compliance with all federal. state and local safety requirements, provisions of this section. and safety of all persons and property on or about the site. Page 9 of 9. Exhibit "B" Contract File:\County.doc 04/02/0 I , '-' ~ EXHIBIT "C" STATEMENT OF WORK Taylor Creek/C-25 Canal Restoration Project 1.0 INTRODUCTION The Indian River Lagoon (llli..) waterbody is a shallow, microtidal ecosystem located along Horida's east coast from.volusia County to northern Palm Beach County. The potential of the lagoon to function as a productive ecosystem has been adversely affected by water management practices and land development within the associated watersheds. The IRL Surface Water Improvement and Management (SWllv1) Plan identifies poor water quality and sediment loading in ditch and canal inputs as major impacts to the health of the system. The sediments, which contain high amounts of nutrients, metals and other poIIutants, fonn a habitat that is not conducive to the maintenance of desirable bent.~ic communities. The South Florida Water Management District (District), in an attempt to reverse the degradation of the IRL and the St. Lucie Estuary, is developing programs to reduce sediment loads to the lagoon by identifying water quality treatment techniques within the canal system. The proposed project is an effort to reduce sediment loadings and enhance water quality of canal (C-25) input that discharges directly to the IRL. The C-25 CanaVfaylor Creek area provides drainage for the northern 1/5 of St. Lucie County and northeastern portion of Okeechobee County. The land uses within the C-25 basin are mainly agriculture (citrus) with low-density residential and urban areas to the east. The canal is used for surface and groundwater drainage as well as providing irrigation water. It is used by agricultural interest in the Ft. Pierce Farms and North St. Lucie Water Control Districts. Several agencies are partnering with St. Lucie County under separate agreements to accomplish the restoration of Taylor Creek, including: St. John's River Water Management DistrictlNational Estuary Program, Florida Ports Council, and Florida Inland Navigation District (FIND). 2.0 SCOPE-OF WORK The Taylor CreeklC-25 Canal Restoration Project involves the dredging of Taylor Creek from the C-25 spillway structure, and the Fort Pierce Fanns C-l Canal spillway structure to the llli.. Intracoastal Waterway. The project will involve the removal by St Lucie County (County) of approximately 220,000 cubic yards of sediments to restore Taylor Creek to original depth design or hard sand bottom. The sediments have been accumulating in the creek for the last 40 years. The sediments contain fine-grained organic silt that represents a threat to the health of the sea grasses in the IRL Estuary. Over the years, the sediments have accumulated to a depth of about 6-7 feet deep in the center channel. Page I of2. Exhibit "C" to Agreement No.C-I0282 # '-' Once the sediments are removed Taylor Creek will function as a silt trap to accumulate fine-grain silt before it is discharged to the IRL. In addition, the navigation channel will be restored to its full depth to benefit the public. .." 3.0 WORK BREAKDOWN STRUCTURE St. Lucie County (County), as part of this cooperative agreement, shall: 1) obtain all necessary pennits, design and prepare bid specifications; 2) construct and provide for suitable sediment disposal; 3) remove sediment as necessary from Taylor Creek downstream of S-50; 4) continually monitor the site; and 5) will submit to the FDEP a final post-dredge bathymetry (certification) of Taylor Creek as the final deliverable. District staff will conduct site inspection along with the County engineer to verify that the work is acceptable. Page 2 of 2. Exhibit "C" to Agreement No.C-10282 ,.4 ~ ,",nth I .>rida Water Manag<:m.<IIííIt Dis1rict ~ M""'nlSt r...ci< &n;." c.n,~. 210 ^,""" A,""" . S<=a. Fl.J4""· (561) 223-26OQ GOV 08-32 Suncom (561) 269-2600 . W:¡ts Line 1 (800) 250-4100' F:zx (561) 223-2608 May 21, 1999 O p, ¡:. [, Mr_ Douglas Anderson /I . : \.(.¡) 1 C. \ 1 ~ i~~:-' I ~\'~. ø), f r'vì . 2300 Virg. inia Ave. nue ~ 0& (). T I ç~.?J ~ Ft Pierce, FL34982 '../" ~ \.. r ~i\\ VQ ( u_u~ .l p Dear ~rson: At a recent commission meeting. the St Lucie County Board of County Commissioners, voted to move forward on the Taylor Creek dredging project fi-om the confluence of Taylor Creek and C-25, dOwnstream to the Indian River Lagoon. At that meeting. there was uncertainty expressed as to the'Soµth Florida. Water Managanent District's (SFWMD) commitment to the pròject. The purpose of this letter is to document the District's commitment - both as a project partner and a. funding partner. The District has reviewed the draft scope of work for the project. and submitted suggestions and minor revisions to the St Lucie County Engineer and the county's consultant (BCl). As a result of the request trom St Lucie County, the District submitted the FIND grnnt application for this project. The District has $500,000 in legislatively appropriated money (FY98) for the project and is committed to contribute up to $500,000 of its own funds (FY99) to provide for dredging work and canal bank stabilization of the C-25 canal. directly up-stream of the S-50 structure. The extent of that work bas yet to be detennined. Additionally, St Johns River Water Management District has committed $188,000 in this year's funds to cany out the proposed worl<. Should the County not move forward with this project the District would then redirect the District funds to the C-23 canal shoal remoV3l project and re-request Taylor Creek funding for FY99/00_ Hopefully, this information will assist the County in moving forward with this project. questions, please call me at (561) 223-2600, CÃ1ension 3602. S7~;%Ø,- . Paul S. Millar, Director MartinlSt Lucic Service Center ff you have any .. .. t·. i; !! Wi Œ ì ~:-.¡: .. -'~!j~:1 i .:: . :~ "" MAY 2.- "',""--,,,... I'-,! :> r~~~ ; i.-l . i , -._~ --. ~---. PSM/rb c: Michael Minton, Governing Board Member Board of County Conunisioners, StLucie County Marty Smithson. SJRWMD ... :....... ..~...::...:~. (Jt=FlCE CIj:-",OIÚ"Jh't¡m'.tl. Ff;l:1k \Vi!l¡:1I11~'''.Jr.. (;1;1;::11.1.1 EU:;t'nc; f\. Pcais. \/¡~C Ch:¡i..aua ;\1ir{'hcll \\1. Bcr:;c.'( \"":(:1.:\1. (;1((,;( \\'illi~m E.Cc;d'.:.I1II \\ïlli:1U1 11;LI11"1«111(1 {{iehord :\. )hc!,c~ ;l1¡c!,.cI D. !-1in,on ~iirì:u" Singcr S.muel E. Pook II!. ~'¡\'e DireCtor \·{iclucl S¡')~on.. Dcpury Executive OireCtor P2ul ~1ilb..... ì\hninlSr. Lucic Sct\.icc Centcr Difl:cr..l!" Djwier lIe.dqll.rtcr.< - 33111 GUll Ou{. {¡".d. 1'.0. Bo, l~{¡SO. We" 1';1110 BeJCh. FL 33~ló-4{¡¡;0 - (~07) ó86'8800. Fr. W ^ TS 1-SOO-~32-20~.' .""'t AGENDA REQUEST ITlIiAO. C-5b DATE: May 8,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution 01-99 for the $55,000 Urban Mobile Irrigation Lab (MIL) Grant awarded by the Florida Dept. of Environmental Protection (FDEP) to St. Lucie Soil & Water Conservation District (SLSWCD). 4 BACKGROUND: Due to limited administrative and financial resources, SLSWCD does not maintain an accounting system to handle grants. St. Lucie County BOCC has been assisting SLSWCD with the fiscal administration of certain grant projects for a fee equal to 5% of the grant funds. The role of St. Lucie BOCC is limited to setting up budgets, receiving revenues and disbursing funds from the grants. On 4/23/01 SLSWCD received and accepted a new $55,000 FDEP grant contract allowing for a continuation of the Urban Mobile Irrigation Lab Project, which combines funds for irrigation systems evaluations and for a Urban Mobile Irrigation Lab Team Leader. County Attorney's Office is in process of preparing a new interlocal agreement between SLSWCD and St. Lucie BOCC. 4 FUNDS WILL BE AVAILABLE: 001269-3720-334391-300 FDEP Urban MIL Grant 1 . PREVIOUS ACTION: N/A 4 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 01- 99 to appropriate and expend funds from the FDEP Urban MIL Grant. ~ [XI APPROVED [] DENIED [ ] OTHER: . COMMISSION ACTION: Coordination/Sianatures County Attorney: XX J-r' 9'~ Management & Budget: xxI~~ í1\ Purchasing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) XX G:\B UDGE1ì WP\AGENDA'S\AgendaO I '5'8 UrbanM [L ~ant. wpd " '-' RESOLUTION NO. 01-99 .J 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 Environmental Protection in form of a grant for the Urban Mobile Irrigation Lab awarded to the St. Lucie Soil and Water Conservation District. 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 8th day of May, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-01, and the County's budget is hereby amended as follows: REVENUES 001269-3720-334391-300 Department of Environmental Protection $55,000 APPROPRIATIONS 001269-3720-512000-300 001269-3720-521000-300 001269-3720-521100-300 001269-3720-522000-300 001269-3720-523000-300 001269-3720-523100-300 001269-3720-524000-300 001269-3720-525000-300 001269-3720-549110-300 001269-3720-551200-300 001269-3720-540000-300 001269-3720-551000-300 001269-3720-552000-300 Salaries FICA FICA Mandatory Retirement Group Insurance Life Insurance Worker's Compensation Unemployment Compensation General & Administrative Fee Equipment Under $750 Travel Office Supplies Operating Supplies $39,424 $2,444 $572 $3,607 $1,545 $218 $986 $130 $2,750 $700 $1,000 $700 $924 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8TH DAY OF MAY, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G\BUDGET\ WP\AGENDA'S\AgendaO 1 'S'8UrbanM IL _grant. wpd ... '-' ~ (' .. -" /) J Î. -... .... '--: ~ St, Lucie Soil and Water Conservation District Suite 202, 8400 Picos Road - Ft. Pierce, FL 34945 Date: 26 April 2001 To: Heather Young, Assistant County Attorney St. Lucie County From: Bess P. McKinney, District Administrato~ St. Lucie Soil and Water Conservation District Subject: New Urban Mobile Irrigation Lab DEP Agreement No. WAP044 I am sending a copy of the new MIL contract from DEP to you in the county Inter- Department mail. Things have changed since our last meeting. The St. Lucie Soil and Water Conservation District (SWCD) has decided not to have the Treasure Coast RC&D administer the funds, but to have St. Lucie County administer all the funds, not just the salary as I had discussed with you and Maria Gornieiwicz of Management and Budget. I have already discussed this with her. I will need to fill out a payroll change some time around May 11th. Will J need a new inter-local agreement for this grant, and if so how soon could this be done? The money for the old contract will run out sometime around May 15, 2001. I am sorry for any inconvenience this may have caused you. (look forward to working with you again. If you have any questions, please fill free to contract me at 461-4546 or email bess.mckinney@fl.nacdnet.org cc: Maria Gornieiwicz, Management and Budget APR 2 6 1001 CONSERVATION DEVELOPMENT - SELF-GOVERNMENT , . , \w .., JC" /., r."I" . " 1\ _ 0 tJi! DEP AGREEMENT NO. W AP044 STATE OF FLORIDA WATER ADVISORY P AI'ŒL GRAI"IT ASSIST AI"ICE PURSUANT TO LINE ITEM 1591G OF THE 2000 - 2001 APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "Department") and the ST. LUCIE SOIL AND WATER CONSERVATION DISTRICT, whose address is 8400 Picos Road, Suite 202, Fort Pierce, Florida (hereinafter referred to as "Grantee" or "Recipient"), a unit oflocal government, to operate an Urban Mobile Irrigation Lab (MIL) in St. Lucie County, Florida. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: I. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. 2. 11ús Agreement shall begin upon execution by both parties and end no later than October 31, 2002, inclusive. The Grantee shall not be eligible for reimbursement for work performed prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $55,000 toward the total project cost estimate of $110,000. The parties hereto agree that the Grantee is responsible for providing a minimum match of $55,000 (or 50% of the total project costs, whichever is less) toward the project descnòed in Attachment A. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated amount, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B). In addition to the summary form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. Periodically, the Department may request proof of a transaction (invoice, payroll register, etc.) which must be provided within thirty (30) calendar days of such a request. The Department also reserves the right to audit the Grantee's disbursements as it deems necessary. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. DEP Agreement No. WAP044, Page 1 of 4 ./ '-' v, IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. By: ~ Date: 4/&3(ó\ I etary D'"~\ I '1l c¡ ~~~~ ~4.~~ DEP Contracts Administrator . 6 APfl¡~d~s:fonn~d~ ÐEFtttomey FEID No.: 59-2440607 *For Agreements with govermnental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Letter! Number Description (include number of pages) ~ -ª- ..£.. ..Q... Proiect Work Plan (3 Pages) Payment Request Summary Form (1 Page) Special Audit Requirements (5 Pages) DMS. Division of Purchasing Memorandum No.6 (1998-99) (3 Pages) Attachment Attachment Attachment Attachment DEP Agreement No. WAP044, Page 4 of 4 / '-' ìtiÌ ATTACHMENT A PROJECT WORK PLAN URBAN MOBILE IRRIGATION LAB 1.0 INTRODUCTION This is a continuation of a project that was started under Florida DEP contract No.SP534. The St. Lucie Soil and Water Conservation District (Grantee), with the technical assistance of the USDA Natural Resources Conservation Service (NRCS), and with the Contract and financial Management of the Treasurer Coast Resources Conservation and Development Council (TCRC&D), plans to continue operation of an Urban Mobile Irrigation Lab (MIL) in St. Lucie County, Florida. The NlIL was well received by the community and they intend to continue this program beyond the scope of this contract. The mission of an Urban MIL is to provide technical assistance to residences, golf courses, condominiums, and public buildings for the evaluation, improvement, and management of their irrigation system. A public awareness program, mostly aimed at homeowner's associations, will be a part of the overall approach_ Onsite evaluations of irrigation systems will be made and recommendations for improvement are given to the irrigator along with an irrigation water management plan. The MIL will promote the use of rain shutoff valves and recommendations will be made relative to the use of irrigation scheduling and proper selection and placement of sprinklers. A typical urban MIL, will perfonn 140 evaluations per year, saving an average of 50 to 60 million gallons of water per year. This will result in less stonnwater runoff into the St. Lucie Estuary. This is intended to be an on-going program to last longer than one year. 2.0 BACKGROUND The South Florida Ecosystem Restoration Working Group fonned the St. Lucie Estuary Issue Team in May 1998. It's purpose was to develop federal, state and stakeholder consensus on an action plan to immediately accelerate progress toward improving water and habitat quality in the St. Lucie Estuary and to achieve further and more comprehensive local ecosystem restoration goals. The Issue Team was fonned after El Nino rains during the winter and spring of 1998 caused a drastic decrease in salinity of the St. Lucie Estuary and 33 different species of fish were found with lesions. The Issue Team developed an action plan, which assesses the current problems in the St. Lucie Estuary and set direction for achieving improvements both in water quality and estuarine ecosystem functions (e.g., fish and wildlife habitat) in the next few years. The St. Lucie Estuary is located on the Martin and St. Lucie County line on the East Coast of south central Florida. The inner St. Lucie Estuary is comprised of the North DEP Agreement No. W APO~4, Attachment A, Page 1 of 3 / '-' J Fork and South Fork of the S1. Lucie River, and has a total surface area of about 6.4 square miles. The two forks converge to form a single middle estuary with a surface area of 4.7 square miles. The middle estuary extends east for approximately 5 miles until it meets the Indian River Lagoon, which opens to the Atlantic Ocean at the St. Lucie Inlet. Five tributaries to the estuary provide drainage for a watershed that encompasses 827 square miles. Ten Mile Creek, C-24, and C-23 empty into the North Fork, while the South Fork and the S1. Lucie canal (C-44) discharge into the South Fork. All of the irrigation evaluations performed as a result of this scope of work will be performed in St. Lucie County. 3.0 COOPERATIVE FUNDING RESPONSIBILITIES The amount of cost share is 50-50 between the Issue Team grant and NRCS/St. Lucie SWCD st. Lucie Urban Mobile Irrigation Lab. Budget Items DEP Funds Match Funds Total Funding Budget Items: Salaries: Staff Personnel $48,600.00 $48,600.00 Farm Manager $30,000.00 $30,000.00 Fringe Benefits: Farm Manager $18,926.00 $18,926.00 Contract Administrative Fee (5%) (2,619.05) St. Lucie County for Personnel Funds $2,446.30 $2,446.30 Treasure Coast Resources Conservation and Development Council for general contract management $172.75 $172.75 Travel (if authorized) $1,000.00 $1,000.00 Equipment Purchases: Binding Machine $200.00 $200.00 CD writer $250.00 $250.00 Supplies/Other Expenses $2,004.95 $2,004.95 Vehicle-gas and Maintenance $4,100.00 $4,100.00 Overhead- office Space/ equipment usage $2,300.00 $2,300.00 Total $55,000.00 $55,000.00 $110,000.00 Note: The Contract Administrative Fee is limited to 5% of the total costs of the DEP Funds expended. The Grantee is responsible for matching every dollar expended under this Agreement on a one to one basis (including the administrative fee identified above). 4.0 PROCEDURE AND DELIVERABLES As there are several urban and agricultural MIL's in Florida, all software, evaluation methods, and goals are standard throughout the state. The MIL's meet regularly and DEP Agreement No. WAP044, Attachment A, Page 2 of 3 / '- ..., NRCS engineers review techniques and methods. The urban MIL will perfonn 35 evaluations per quarter, for a total of 140 evaluations per year. Quarterly reports shall be submitted to the Department in the standard formª1. Each report shall detail the number of evaluations completed in the quarter, the findings of these evaluations, and the projected benefits trom implementing the recommendations. NRCS policy prevents the releasing the specific information about each site, which would allow identification of the owner. Date IDeliverables 2000-2001 1 st Quarter 6/3 I/O I Quarterly report Due July 20 35 Evaluations 2nd Quarter 9/30/0 I Quarterly report Due October 20 35 Evaluations 3rd Quarter 12/30/0 I Quarterly report Due January 20 35 Evaluations 4th Quarter 3/31/02 Quarterly report Due April 20 35 Evaluations 5th Quarter 6/30/02 Quarterly report Due July 20 6th Quarter 9/30/02 Quarterly report Due October 20 Final Report Due 5.0 EQUIPMENT The S1. Lucie Soil and Water Conservation District Urban Mobile Irrigation Lab would like to retain all equipment purchased in the project when the grant ends, to further the use of this project as the legislative designed for it to be used. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. W AP044, Attachment A, Page 3 of 3 " \.; A TT ACIDIENT B PAYMENT REQ,(JEST SUlVIMARY FOR\I ,, GR·\.NTEE: GRANTEE'S GRAJ."lT MANAGER: PAYMENT REQUEST NO.: PERFORJ.'1ANCE PERIOD: PERCENT MATCHING REQUIRED: GRANT EXPENDITURES SUMMARY SECTION DEP AGREEMENT NO.: DATE OF REQUEST: Al"1O UNT REQUESTED:$ Al\lOUNT OF THIS TOTAL MATCHING CATEGORY OF EXPENDITURE REQUEST CtJMULA TIVE FUNDS P A Yì\iIENTS Salaries S $ $ Fringe Benefits $ S $ Travel (if authorized) S S $ Subcontracting: $ Planning $ $ S Design $ $ $ Construction $ S S Construction Related Costs $ $ $ Equipment Purchases S S $ Supplies/Other Expenses $ $ $ Land $ $ $ Overhead $ S $ TOTAL REQUESTED S S $ TOTAL GRANT AGREEMENT S Less Total Cumulative Payments of: S TOTAL RElVIAINING IN GRAJ."IT S [Effective Date of Grant through End-of-Grant Period] GRANTEE CERTIFICATION The undersigned certifies that the amounts being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. . Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEP Agreement No. W AP044, Attachment B, Page 1 of 1 }I '- ~ A TT ACHMENT C SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as descnòed in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-l33, as revised (see" AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional insttuctions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB Circular A-l33, as revised. 1. In the event that the recipient expends $300,000 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 I to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In detennining the Federal awards expended in its flScal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 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 $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. DEP Agreement No. W AP044, Attachment C, Page 1 of 5 ; '- ...." PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State awards (i.e., State fmancial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHffiIT I to this agreement indicates State funds awarded through the Department of Envirorunental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Envirorunental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defmed by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office located at http://sun6.dms.state.fl.uslfsaal for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://www.1eg.state.fl.usl. Governor's Website http://\vww.fhzov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.uslaadir/FSAATndex.html. and the Auditor General's Website http://sun6.dms.state.fl. us/audgen. PARTm: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrangeJor funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. WAP044, Attachment C, Page 2 of 5 ,/ ~ "WI A. The Department of Environmental Protection at each of the following addresses: Judy Dolan Florida Department of Environmental Protection Southeast Disnict P.O. Box 15425 West Palm Beach, Florida 33416 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-l33, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-l33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), OMB Circular A-l33, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Judy Dolan Florida Department of Environmental Protection Southeast Disnict P.O. Box 15425 West Palm Beach, Florida 33416 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies ofreporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Judy Dolan Florida Department of Environmental Protection Southeast Disnict P.O. Box 15425 West Palm Beach, Florida 33416 DEP Agreement No. W AP044, Attachment C, Page 3 of 5 ,I \w ...",¡ Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Judy Dolan Florida Department of Environmental Protection Southeast District P.O. Box 15425 West Palm Beach, Florida 33416 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. AJty reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-B3, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V; RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 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DUJIIII}t£J<T(1f ~ SERVICES 1Q~ ü~ Wlr' T~_ ¡:¡.,.;.¡. .nm-œ~o I!.5U$k.~ T0/.4 MCCuu. SeauA JY Fehruary 5. \999 Suire: :n5 MF.MCJRANDUM NO.: 6 (~S·9~) TO: Stat~ Ag::['I~Y Pu.n:b.asing D[rec1OTi, Chi(:[ [11 fOrm.:lli on Off1cm ~ George C Bank$. çp?o W v ")irCCLOt, SE:lCC' Plm:h.:Ising Ycar 2000 COlT>pJi;¡m:e Wmant)l Clause FROM: SUBJECT: The Offiœ of IOC Anamcy Gr::oCr:L1 i'l conjunction with tbe Ytat 2000 Project Gmtc .md State ¡'urchæing. biS dçvo;]QpccI a compr!:hcn~iyc YCIIl :moo CompJ1:11lCe cl"tI~ which includes 1 complùmce w~rr~ty. nmedy. ar1d rcsc:lJr:r'~ r~poMibillty. II is ~omm<:tK1.e6 chat this Year 2000 CompliaClC~ language be included (in Îls entirety) in :my proçun:ment documeot and contnc:c for lnfofation technology hardwar~. software, and services. 11<\4 cth~ "produc~s" whi~b .11-= or contain so1twan:. fim¡wart. microcode, or embedded chip tedmology. It is not tJece5.W}' to replace che Year 2000 J.\ogU2gt In exisúnF; procllrcrnent document; OI contractS. but instead. utilize Ibis new language in :my ßI:W pCOC'\1rc:m~1'LlS md COCtr:lClS. Also. fot "!,rOOucu" or services cQUg hi from St2l.tc CO!\trllC~ il i~ r\O( ¡eœss:uy 10 include the Year 2000 J.1!Igu3gc in the procurement document or CtJl1!r:LC't, since vendors arc a~ady bound. by Iht Yeu2000 language jn I~e Sta.te COßlcacl. This ¥QIJ' 2000 Còmp/I.1I1ce language is ~y.il¡¡br: it! SPURS. ~ r...~"'''' DEP Agreement No. W AP044, Attachment D, Page 1 of 3 / '- ....,¡ St:¡te Ag=n.:y Putchasi¡¡g Director.q Fo:brt.lary 5. 1999 Page 2 YEAR 2000 q)M I'LlANCE WAR RA¡.,-ry Fer purpos.es of this Yc,,~ 2000 WaJT3ttt}'. the term "Product" sh¡¡1l indud= sof.ware, t1rmw:w~, microcode. ha!dware 3tJd ~mbedded chip technology. V~or waaan,s tbat (he Product IS Year 2000 CompJiant. All vc¡sivTls of the Product offered by the vendo~ and jfurcha;:;ed by the Sc<\te. for wþich Vl:!ldor is obligaled to provide m.1intcn¡¡n,;:c service arc. <ir¡d in tM futu~e. will be, Year 2000 Compliant_ Yt.:Jr 2000 Comp]i¡¡.nt IJ1I;:¡¡Cl5 ,he Produc1 wil] ;nclooe the J.bili.ly to~ consistenúy haM]e- date infonna.tjon bçfurc. during. and after Il1J1u:lTY ].2000. joeluding accepting date input. providing date output, .and proces.sing d3!es: functiol1 before, tloring and :lÍt.er J3m'ary 1.2000. without thc nc:c.CI for fll'08ram change:; ca~cd by the advcnt oflhl:: ~w C8lttury: p~opedy h.a.ndle aU dale related information bcfore nd following J¡m I, 2OC!, including but pot limited to ¡"curate: 3nd rc:tiablc pcl'ÍQI'm¡\'1CC in pr\.>l:c~\ing d31e and d:!.cc r=[ated d.ata. im:luding c~çuJating. compwiog nù sequ~ru:ing: properly process MY and all date ca.lculations bd~, on .1nd dlcr thl;: I<:~ ye:u dale. of F~bruaJ)' 29. 2000 and sJ,O1: ¡Hid provIde oUlpui of date information in .......y.~ Ihoill are una.mbigllou$ as 10 century. 'Il1eduratio.n ofchi.q Watnnty and tbc n;mcdi~!t av:1ilablc 10 tbe State forbrea.c:h of.his warnnty shaH be i'S d~nnt.d in. .'led subject tu, lhe: teems and limiLations of an)' general w.atranty provisions or~hi~ contt:¡ct. provided Ih~c oQtwjthstandiog jIIJ}I pto\tisioD 10 the contn.ry in such wan:anly prn....i!tLou(S). or in the .bsence of any 5uc:b wamlt'lty provision(s). defects in the r'roduct with regard to YCl!or 2000 Compliance:. if ¡¡ny. will be correcte:d by Vendor;t VCCldor's ¡;:ust within a li=fnJ.uJO!: mutually 3g~ upon .....lth the State- Vendo! c:m not be hdd re~pun$;ble for erron t'es.ulting from do:vi~ or S)'$œms e.;o¡lErnalto tbi~ CQn!r:lCI whicb ;J.CC perrru.tted to dj reetly a~ss .any dac ~ba$c 'Provided U!lder Ihj s Agr~met'll 2nd ovcrw.ri tr; Product eWe fie:lds or from tbe USers. improper inte.gration of n<Jn· Y c.'Ir 2000 Compliant sY'l~m..'- Nothing in thi$ warranty shall be cotlstL'Ue-d to limit any righu or reme.dJcs the SIa1e tn.'Iy oth.erwizc have under this coctrac:t with respect to defects other (It an Year 2000 perr.ol'tOalIce. YEAR '2000 REMEDY CLAUSE In tbe ~venl of anydc:crcuc i~ product funcliona]ily rcl1ted to time and datcrel¡tted codes :md buernaJ subroutines I bOlt impe<1e the hardware 01' ~o{twar<: programs !roD! ope~liD¡ beyond Ih~ M ¡}leon ium D:l1e Chsnge., Licensors and Veodors of Li<:efUul'S products. ag.m:: to i rmncdi atC:l~ make requjred comc:nCX1S tQ l'e3tore hardW3r'e and soft W2lr~ progr:illn.\ to thr. same Icvel of functJona.lilY!lli W:smu1t=d t1erejo at no c:bnrgo: to Û1e liœnsc:e. aod without intcrruption 10 Ibo ongoing busincss of the: Jicen~. time being or the essenc:1:. DEP Agreement No. WAP044, Attachment D, Page 2 of 3 , '-' .....I StJ.te Agenc:y P'lJrr;n¡¡,:;ing Direclors Fcbnmy 5, ] 999 P'.-gr::3 RE:S.ëU.ERS All produt;\s bid under thl!õ bidl~ocnnLCt wiJl œ Year 2000 compliam. Year 2000 CompJi"nL means lho:: :Product will incJudc tbe: :l.bility to: consistently h.õlndlc date illfonn"cion before. dunn!ii. and ~er J:I!luary t. 2000, including ac.c:epcing å:¡te jnput. providing date I>ULput. and proœ~~jt!g datc3; fune~io!l before, during and a{ler J,¡nuary 1. 2000. wjthol,lL t"" pcc:d t'or program ¡;bange~ cau,SCd by the advent of tbe nc:w ecntulj'; propc.rly b...ndJ.. õlll di1l.c rela1ed infonnation ~forc and fQUowinS lan 1,200]. including 'ow: not limit<=d to a.ccW'õlt~ and æJi.:lbl1:: performance m proc<:ss;ng date aod date related data, including ca!cu~õlting.. comparjng.aDd liCcycncing; properly proce~~ any ðnd all dIIIc: c31culacion!õ before. on. :1nd after the ko\lp )":ar d:ltc of February' 29.2000 and store and pro"icle output of date infonna1Ìct1 in \II¡¡)/5 Ibal are unambiguous u to century. R.esdlcIS InJ\y provide Ii 'PU5 through w3I'1'anty" frorn ,be 1'IIanufactw:erlsoftwacc: developer, which meet~ aU 1he. w:unnc)' requirement5 by t~ Slate. and wbich shill it"JC1u.l~ all o<her watTantjes provided by the ~nut'aclurer or software d.t:vclopcr. R~c:l1er :;1uùl1>e re~ponsjble forwamUlt)' ¡o:s~ur.lllce. n~iistance.enforocrncnt amJ an)' (nt."" actions or ~mcdialion. required to sill.isfy W.1..cJ:uuy ~uiremc:n1S. Please contacl Del Hicks l4S7-Q411. Suneom 277-04l 7. shouJd )Iou have qu.esdon5 or need additionõ1l inCorm\(ion. GCBldgh DEP Agreement No. W AP044. Attachment D, Page 3 of 3 / AGENDA REQUEST IT~O. C-5c DATE: May 8,2001 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Request to modify the type of the records system equipment to be purchased from the Sheriff's Local Law Enforcement Block Grant (LLEBG) 2000-LB-BX-2250. BACKGROUND: Please see the attached memo from the St. Lucie Sheriff dated April 30, 2000. FUNDS Will BE AVAilABLE: 107120-2110-331210-200 Local Law Enforcement Block Grant 2000 PREVIOUS ACTION: On November 8,2000, St. Lucie BOCC accepted the $68,016 Local Law Enforcement Block Grant 2000-LB-BX-2250 and approved the use of funds in the Purpose Area #1 c - Equipment, as required by the granting agency. I RECOMMENDATION: Staff recommends that the St. Lucie County Board of County Commissioners approve the request to modify the type of equipment to be purchased from the Sheriffs LLEBG Grant 2000-LB-BX-2250. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: County Attorney: XX (k/ Originating Dept: Public Works: Coordination/Sionatures 1 - I 1{'lf/!J Management & Budget: " ..; ¡Purchasing: Othec';1Í O.-A 1f Finance: (Check for Copy only, if applicable) XX G :\BUDGET\ WPIAGENDA'SIAgendaO t \5'8 LLEBG _Grant. wpd I' '-' ....,¡ MEMORANDUM FROM: Mika Gomiewicz, Budget Analyst St. Lucie County Management & Budget Department Sheriff Ken Masca~ April 30, 2001 TO: DATE: SUBJECT: Agenda Request Local Law Enforcement Block Grants Program 2000-LB-BX-2250 NUMBER: 010501 We are submitting a request to modify the use of our Local Law Enforcement Block Grant (LLEBG) 2000-LB-BX-2250 award from the United States Department of Justice, Bureau of Justice Assistance (B.JA). The previous administration intended to purchase an IBM AS 400 (or equivalent) mini main frame computer system to support our records system. The IBM AS 400 is much costlier (total project approx. $150,000.00) than the grant award and required match. The Federal LLEBG award is $68,016.00 and the required minimum match is $7,557.00. At this time, the most important issue before us is to improve the efficiency of our deputies toward providing a safe community. We also want our efforts to remain cost effective. We intend to integrate our records system directly, via cellular data packet delivery (CDPD). This will provide patrol deputies and supervisors in the field the ability to transmit offense/incident reports directly to the Sheriff's Office HTE Records system. It will also provide a more efficient manner of data entry than what is currently deployed. This direct wireless transmission from the field to our records system will be funded in part through other federal grants. In addition to offense/incident reports, we also wish to transmit motor vehicle crash reports via CDPD wireless transmission. To do this we intend to modify our use of the existing LLEBG award and contract with HTE to acquire: 100 Field Accident Reporting Application Software & Licensing @ $750.00 ea. Field Accident Form included Field Accident Reporting for CRIMES - Installation Field Accident Reporting for CRIMES Training - 2 days /1 trip Project Management Services - Level 1 Total Project Federal Award Agency Match $ 75,000.00 0.00 1,000.00 2,000.00 + 1.160.00 $ 79,160.00 - 68.016.00 $ 11,144.00 1 1 1 1 We believe the acquisition of the above will reduce the time needed to transmit reports and allow us to redeploy personnel into community policing endeavors more efficiently. The Sheriff's Office will continue to function under the program purpose area that allows LLEBG funds to be spent supporting law enforcement by procuring equipment, technology and other material directly related Page 1 of 2 I' ,-. ...,¡ to basic law enforcement functions. The title of this endeavor will be the Accident Reporting 2001 Project. The Sheriffs Office will be responsible for the required cash match. We are in the process of contacting the LLEBG Advisory Board and will convene either an in- person or electronic board meeting. We will attempt to convene this meeting prior to the next BOCC meeting. We are confident the LLEBG Advisory Board will endorse the modification. However, at this point, the findings of the LLEBG Advisory Board are non-binding and not necessary for the BOCC to approve our modification and for us to move forward. It is critical, due to other grant deadlines, that we implement various programmatic phases including the Accident 2001 Project in a timely manner. St. Lucie County remains the applicant jurisdiction and St. Lucie County Sheriff's Office continues to be the implementing law enforcement agency. Our Information Services Section Commander, Ms. Emilie Enzmann will continue as the Accident Reporting 2001 Project Officer functioning to implement and track system progress and acquired equipment. Our Professional Standards Division Commander, Capt. Mike Graves, will function as the Program Contact Person with the B.J.A. and with the County. It is our understanding that Maria Gomiewicz will function as the Jurisdiction Contact between the County and B.J.A. A copy of the BOCC minutes authorizing this modification and the submission of an on-line drawdown of funds is all that is required for us to proceed. Upon approval by the B.O.C.C. the County Administrator should authorize Maria Gomiewicz to electronically submit the online request for drawdown. Prompt attention to this matter will assure our meeting numerous required grant programmatic deadlines before September 30, 2001. If you have any questions, please contact Captain Mike Graves, who also functions as our agency-wide grant coordinator. His pager number is 343-4099. mg cc: Major Tom Mclnemey, Director of Administration Captain Mike Graves Inspector Bucky Walters Mr. Henry Walker, Comptroller Ms. Emilie Enzmann, Project Officer attachment Page 2 of 2 . W~-r'. .." -.- . _u,,__..~u ,I Acclication Award Award Handbook Overview Review CEO Information Review Jurisdiction Information Accept Award View Award Document Financial Institution Information Decline Award Help/Frequently Asked Ouestions LLEBG Home ].Qg:Qff ~ '-,:,'- .. .,.,... ... -..",;I Recorts Correscondence FY 2000 Local Law Enforcement Block Grants Program St Lucie County, FL Please verify that you are are ACCEPTING your jurisdiction's FY 2000 LLEBG Award and ce that all Applicant infonnation displayed in the previous screens is accurate and truthful. Please ensure that a street address has been included and not just a post office box, and ensure that bOI uppercase and lowercase lettering has been used. Once accepted, no changes can be made to the A ward, including special conditions, without a j request to BJA for a Grant Adjustment Notice (GAN). Verify you are accepting the award and special conditions by clicking on the Accept button be: you need more time to consider accepting this award, please click on the Cancel button below. Please note that clicking Cancel does NOT decline this award. If you have questions, please contact the GMS Hotline at 1-888-549-9901. Signature · Title IMr. · First Douglas Name · Last Anderson Name · 1561-462-1450 Phone · I EMail P" I have examined the information provided here regarding the signIng authority and CI it Is accurate. I am the signing authority, or have been delegated or designated formally; the signing authority by the appropriate official, to provide the information requested throughout this application system on behalf of this jurisdiction to the Local Law Enforcement Block Grants Program. Information regarding the signing authority, or the delegation of such authority, has been placed In a file and is available on-site for immedi review. f.·~t¿äp1/ I~Gan¿él····1 AUTHORIZATION TO ACCEPT GRANT AWARD ELECTRONIC LY: County Administrator RFD Grant Chanaes II Ij~/fX) https://grants.ojp.usdoj.gov:8004/grns_user/plsq V award. accept_ award_verification Accept Award 10/26/00 .... _':>'" .. v.... ... '-' 'WI Iif FY 2000 Local Law Enforcement Block Grants Program ~'::" ~ St Lucie County, FL "',:,::=_.~ Application Award RFD Grant Changes Reports Correspondence .,. Award Handbook Overview Review CEO Information Review Jurisdiction Information Accept A ward . View Award Document· Financial Institution Information Decline A ward Help/Frequently Asked Questions LLEBG Home Log-Off Overview The Award Section of your handbook allows you to check if FY 2000 LLEBG Award documents have been approved by BJA and are ready for your acceptance. You are able to accept or decline your award and print the formal award documents for your records. To ensure that the jurisdiction and CEO information provided during the application process is current and accurate, please verify the information on the following screens. . I , The date of your award is 30-SEP-2000, and it is now ready for your acceptance. You have 45 calendar days to accept this award and 90 calendar days to complete the Request for Drawdown (RFD) process. FY 2000 LLEBG Award Information FY 2000 LLEBG Final Award Amount- 'This amount reflects the final award amount for FY $ 68,016.00 000 plus any needed adjustment to the FY 1999 ",ward amount Matching Amount $ 7,557.00 Please click on the Continue button to review CEO information, view the award documents, and accept the award. If you choose to decline your award, please skip to the Decline Award step on the left. "'~çóritinu~-"I https:llgrants.ojp.usdoj.gov:8004/gms_ user/plsq Vaward.overview?p _ bgid=2 10/26/00 " ¡;,LEBG Program Online Help, " ... ,..¡; \w" Page 1 of 3 .' ~ ...." LLEBG PROGRAM ONLINE HELP F AQ INSTRUCTIONS MORE HELP SEARCH Request for Drawdown System Guidance (LLEBG) Welcome to the Local Law Enforcement Block Grants (LLEBG) Program Request for Drawdown (RFD) System! The information provided in the RFD process will allow the Bureau of Justice Assistance (BJA) to better address the future needs of local communities across the country, as well as provide expanded data regarding crime- fighting initiatives and innovative programs that grantees are implementing in their respective jurisdictions. The data will allow BJA to measure the direct impact that the LLEBG Program is having on crime and our communities. This information will also demonstrate compliance with cross-cutting federal laws. The following information is being provided in an effort to assist each grantee in preparing for the RFD process: Accepting Your Award Receiving your Award Documents and accepting the Award does not provide your jurisdiction with immediate access to the Program funds. Prior to actually receiving funds, you must first complete the Request for Drawdown process. Your jurisdiction will be notified on-line, via the Grants Management System (GMS), when the RFD process is on-line and ready to be completed. It is each jurisdiction's responsibility to check the GMS for notification of the availabilfty of the RFD process. In the interim, you may proceed with your Advisory Board meeting and Public Hearing, as these conditions must be met prior to completing the RFD process and prior to obligating any grant funds. 10% Match 4 The LLEBG Program requires a 10% cash match; federal funds may not exceed 90% of total program costs. Interest derived from the award does not have to be matched, but interest generated from the trust fund may not be used as part of the local match. Matching contributions need not be applied at the exact time or in proportion to the obligation of federal funds. However, the full match must be obligated by the end of the project period. There is no waiver provision for the match requirement (except for American Samoa, Guam, Northern Mariana Islands and U.S. Virgin Islands). ObliÇlating Funds « Prior to obligating (writing purchase orders, entering into contracts or service agreements) any LLEBG funds, Grantees must . Hold both the Advisory Board Meeting and Public Hearing. Expenditure of LLEBG Funds You may not expend any grant funds until you have completed the RFD process. You have exactly 24 months in which to expend (pay for goods and services) all funds, including local match funds and any interest earned. No later than 90 days after the expenditure period ends, all unexpended funds must be returned to the OJP Office of the Comptroller for reallocation to the LLEBG Program for the following year's award cycle. Preliminary Instructions for the Request for Drawdown Process The following information is being provided to help you prepare for the completion of the RFD: https:l/grants.oip.usdoi .gov: 8004/ doc/instructi ons. htm 10118/00 ,_~Lt.jjl.J Program Unlme Help ...I'" .... '), '-" .) '" "WfIII I. Advisory Board Meeting and Public Hearing Both of these meetings must have been held prior to obligating (writing purchase orders, entering into contracts or service agreements) any LLEBG funds. You will need to provide the following information regarding these meetings: The date the public hearing was held. The date the Advisory Board completed its review of the proposed allocation of funds. Certification that the Advisory Board has reviewed the proposed allocations. Certification of Public Hearing Notice and method of notification. List of Advisory Board members (by organization). 11. LLEBG Program/Purpose Areas Jurisdictions are reminded that they may not use LLEBG funds to supplant/replace local funds. The seven (7) purpose areas in which LLEBG funds may be allocated are the same as in previous LLEBG program years. You will be required to indicate the total dollar amounts allocated to each of the seven (7) program/purpose areas. The sum of the purpose area allocations must equal your total award plus match. · Purpose Area #1a: Hiring and Training oflaw enforcement and support personnel (You will be required to provide information regarding the number of FTE's funded with LLEBG funds and indicate the category/classification of employee) Purpose Area #1 b: Overtime for law enforcement and/or support personnel (You will be required to indicate the programmatic purpose areas for which the overtime is expended.) · Purpose Area #1 c: Equipment (You will be required to indicate the type of equipment being purchased and the initiatives to be addressed by the use of the equipment.) Purpose Area #2: Enhanced Security Measures in and around Schools or Locations that are a special risk (i.e., domestic violence shelters, elderly housing, etc.). (You will be required to indicate the facility for which security measures are being enhanced. If the proj ect includes the purchase of equipment in order to meet the project goals, you will be asked to provide information regarding the type of equipment being purchased.) · Purpose Area #3: Establish or Support Drug Courts (You will be required to identify the specific population involved in the drug court [juvenile, adult or both] and provide information regarding the drug court program.) Purpose Area #4: Enhance adjudication of cases involving violent offenders (You will need to identify the age group targeted by the project, provide data relative to the number ofFTE's funded, and the initiative behind the program [i.e., increasing space in correctional and holding facilities].) Purpose Area #5: Establish Multi-jurisdictional Task Forces (You will be required to identify both local and federal agency partners as well as the specific focus of the task force.) Purpose Area #6: Establish Co=unity Crime Prevention Programs to control, detect, or investigate crime or to prosecute criminals (You will be asked to identify the program focus and target population of the program.) Purpose Area #7: Defray the Cost of Indemnification Insurance for law enforcement officers (You will be required to provide information regarding the total amount of indemnification insurance purchased by your jurisdiction.) https://grants.ojp.usdoj.gov:8004ldoc/instructions.htm 10/18/00 c....LEBG Program Unlme tlelp..,_ ,,'\ '-'. . . .~ Note: The following list indicates those expenses that are not allowable unde~e LLEBG guidelines: o Tanks or Annored Vehicles o Fixed-Wing Aircraft o Limousines o Real Estate o Vehicles (not primarily used for law enforcement) o Consultants o Yachts o New Construction (* Renovations to existing facilities require prior approval by BJA staff and the federal share cannot exceed 10% of the total renovations costs.) ~ Louisiana State Applicants (FY 1999 ONLY) LLEBG legislative language requires Lousiana grantees to consider Advisory Board recommendations as binding. In prior years, the Bureau of Justice Assistance (BJA) has requested these be submitted in writing to BJA prior to allowing for the drawdown of funding. For Fiscal Year 1999 funding, Lousiana grantees will be required to establish and maintain a file of all Advisory Board recommendations as part of the LLEBG grant files on-site and to make these available for BJA review upon request during anyon-site visits conducted by BJA. Please do not submit copies of these to BJA as part of the RFD process. . https://grants.ojp.usdoj . gov: 8 004/ doc/instructions.htm 10/18/00 ." AGENDA REQUEST I...." NO. _ 11- J DATE: Nov. 8, 2000 REGULAR [ ] PUBLIC HEARING [ x] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin ~ SUBJECT: Acceptance of the Local Law Enforcement Block Grant award on behalf of the Sheriffs Office and Budget Resolution No. 00-251 to increase the Fine and Forfeiture Fund. BACKGROUND: St. Lucie County Sheriffs Office applied for and was awarded $68,016 for the Local Law Enforcement Block Grant to be used for purchase of a computer mini frame to support the records system (memorandum from the Sheriffs Office is attached). Local match in the amount of $7,557 is included in the FY01 Sheriffs Office. Granting agency requires a public hearing to be held regarding the proposed use of grant funds. . t . FUNDS WILL BE AVAILABLE: 107120-2110-331210-200 USDOJ Local Law Enforcement Slack Grant 2000. PREVIOUS ACTION: Application for this grant was approved by the SOCC on 9/19/00. On 10/24/00 St. Lucie County BOCC approved OMB's request to advertise the public hearing. RECOMMENDATION: Staff recommends that the St. Lucie County Board of County Commissioners to authorize the County Administrator to accept electronically the Local Law Enforcement Block Grant, and to approve Resolution No. 00-251 to increase the Fine and Forfeiture Fund by $68,016. To have effective redundancy anc to provide more effective protection from natural disaster~C COMMISSION ACTION: per 28 CFR Part 23. The AS4001 CONC RENCE: mini-frame computer must be locate at the Emergency Operations Center. [x] APPROVED [] DENIED ( ] OTHER: County Attorney: XX q. ¡ykf Coordination/Sionatures Management & Budget: xJr¡~/ ~vy Purchasing: Public Works: Other: Originating Dept: XX Finance: (Check for Copy only, if applicable) XX G:"BCDGET,WP'AGE:\DA'S\Agend>O t 11'3LL3G_ GronLwpd ~. MEMORANDUM '-' TO: Mika Goriewicz, Budget Analyst St. Lucie County Management & Budget Department Undersheriff Dennis M. Williams ~ I September 5, 2000 .; DATE: '. 1 /1 '7 . " FROM: SUBJECT: Grant Application to Bureau of Justice Assistance FY 2000 - Local Law Enforcement Block Grants Program .' /' \ . /. ,/~';' I' , ~ . NUMBER: 00.09.01 j The Sheriff's Office is applying for a Local Law Enforcement Block Grant (LLEBG) from the United States Department of Justice, Bureau of Justice Assistance (8.JA). The Sheriffs Office intends to apply under the program purpose area that allows LLE8G funds to be spent for supporting law enforcement by procuring equipment, technology and other material directly related to basic law enforcement functions. The Sheriff Office intends to purc:hase an IBM AS 400 (or equivalent) mini main frame computer system to support our records system. We will title this endeavor the Records System 2001 Project. The Sheriff's Office will make application to the B.JA seeking an allocation from the LLEBG program. Federal LLE8G funding will cover up to $68,016.00 of the cost of the Records System 2001 Project. LLE8G funds may not exceed ninety percent (90%) of total program costs. Program participation requires the remainder in a cash match. The IBM AS 400 (or equivalent) mini main frame computer system costs approximately $150,000.00. The Sheriffs Office will be responsible for the required cash match ($7,557.00) and remaining costs. _. f Once our application is approved, St. Lucie County will be the applicant jurisdiction and St. Lucie County Sheriff's Office will be the implementing law enforcement agency. Our Information Services Section Commander, Ms. Emilie Enzmann will function as the Records System 2001 Project Officer functioning to implement and track system progress and acquired equipment. Our Administrative Services Division Commander, Capt. Mike Graves, will function as the Program Contact Person with the 8.JA and with tlíe County. It is our understanding that Maria Gomiewicz will function as the Jurisdiction Contact between the County and 8.JA Attached is a hard copy of the on-line application which I have endorsed and certified. Upon approval by the B.O.C.C. the County Administrator should direct Maria Gomiewicz to submit the on-line application. Prompt attention to this matter will assure our meeting the submission deadlines. If you have any questions, please contact Captain Mike Graves, who also functions as our agency-wide grant coordinator. His pager number is 343-4099. mg cc: Major Richard Duncan, Director of Administration Captain Mike Graves Mr. Henry Walker, Comptroller Ms. Emilie Enzmann, Project Officer Attachment .", - AGENDA REOUEST ITEM NO. c-&wI DATE: May 8, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney , f SUBJECT: Declarations of Unity of Title - Diocese of Palm Beach and George and Patricia Fulmer BACKGROUND: See attached memorandum CÀ ·01-645,': I FUNDS AVAILABLE: N/A f PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed lot line adjustment under the Declarations of the Unity of Title and authorizing the Unity of Title for the Diocese and Fulmer parcels, subject to receipt of a copy of the executed and recorded Corrective Special Warranty Deed and Special Warranty Deed. COMMISSION ACTION: . [XJ APPROVED [] DENIED [ ] OTHER: o ,A. ,-<-~ County Anorney: .' Review and Approvals Management & Budget: Purchasing: Originating Dept Other: Other: Finance: (Check for Copy only, if applicable): _ J '-' ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 01-645 DATE: April 25, 2001 SUBJECT: Declarations of Unity of Title - Diocese of Palm Beach and George and Patricia Fulmer BACKGROUND: Attached to this memorandum are Declarations of Unity of Title from ofthe Diocese of Palm Beach and George and Patricia Fulmer.Tht} Decl~rations have been prepared on behalf of the property owners in conjunction with lot line adjustments proposed to correct errors in the legal descriptions which appear in the chains of title for the subject parcels. Copies of the proposed Corrective Special Warranty Deed and Special Warranty Deed which must also be executed in conjunction with the lot line adjustment are also attached. Staff has reviewed the proposed documents and they appear to be in order. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed lot line adjustment under the Declarations of the Unity of Title and authorizing the Unity of Title for the Diocese and Fulmer parcels, subject to receipt of a copy of the executed and recorded Corrective Special Warranty Deed and Special Warranty Deed. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Community Development Director Public Works Director Deputy Clerk '-' -...I Prepared By and Return to: Harold G. Melville, Esquire MELVILLE & SOWERBY. P.L. 2490 South 25th Street Fort Pierce, Florida 34981 Courthouse Box #63 PARCEL I.D. NO. 2408-324-0002-000n & 2408-324-0002-010/0 [Space Above TIûs Line For Recording Data) CORRECTIVE SPECIAL WARRANTY DEED This Corrective Special Warranty Deed is being recorded to correct the legal description contained in the original Special Warranty Deed recorded in O.R. Book 1304, Page 1493. This Corrective Special Warranty Deed is made and executed this _day of 200 I, by and between NORBERT GUETTLER and PATRICIA GUETTLER, husband and wife, (hereinafter "Grantor"), and The Most Reverend Anthony J. O'Connell, BISHOP OF DIOCESE OF PALM BEACH, his successors in office and assigns, a corporation sole, whose post office address is 9995 North Military Trail, Palm Beach Gardens, of the County of Palm Beach, State of Florida, 33410-9650 (hereinafter "Grantee"). Witnesseth: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following describéd land, situate, lying and being in the County of St. Lucie, State of Florida, to wit: The West 165 feet of the North 316 feet of the South 346 feet of the Southeast one-quarter of the Northwest one-quarter of the Southwest one-quarter of Section 8, Township 35 South, Range 40 East of the Public Records of St. Lucie County, Florida. Subject To restrictions, reservations and easements of record, if any, which are not reimposed hereby, and real estate taxes subsequent to December 31, 1999. TOGETHER with all tenements, hereditam~ts and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor warrants the title to said land and will defend the same against the lawful claims of all persons claiming by or through grantor. In Witness Whereof, the Grantor has hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of: NORBERT GUETTLER 7912 Fisher Field Road, Blairsville, GA 30512·5858 Print Name: PATRICIA GUETTLER 7912 Fisher Field Road, B1airsville, GA 30512-5858 Print Name: STATE OF GEORGIA COUNTY OF The foregoing instrument was acknowledged before me, this day of , 200 I, by NORBERT GUETTLER and PATRlCIA GUETTLER, husband and wife, ~ who are personally known to me, or ~ who produced their driver's licenses as identification. (NOTARY SEAL) Notary Public STATE OF GEORGIA My Commission Expires: ¥ .... '-" ...., Prepared By and Return to: Harold G. Melville, Esquire MEL V1LLE & SOWERBY, P.L. 2490 South 25th Street Fort Pierce, Florida 34981 Courthouse Box #63 PARCEL J.D. NO. Portion of2408-324-0002-000/7 [Space Abtwe This Line For Recording Dat.a] SPECIAL WARRANTY DEED This Special Warranty Deed made and executed this _day of ,2001, by and between The Most Reverend Anthony J. O'Connell, BISHOP OF DIOCESE OF PALM BEACH, his successors in office and assigns, a corporation sole, whose post office address is 9995 North Military Trail, Palm Beach Gardens, of the County of Palm Beach, State of Florida, 33410-9650 (hereinafter "Grantor"), and GEORGE CRAIG FULMER and PATRICIA ANN FULMER, husband and wife, (hereinafter "Grantee").· Witnesseth: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of St. Lucie, State of Florida, to wit: The East 60 feet of the West 165 feet of the North 316 feet ofthe South 346 feet of the Southeast one-quarter of the Northwest one-quarter of the Southwest one-quarter of Section 8, Township 35 South, Range 40 East, ofthe Public Records ofSt, Lucie County, Florida. Subject To restrictions, reservations and easements of record, if any, which are not reimposed hereby, and real estate taxes subsequent to December 31, 1999. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. .'".--- TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor warrants the title to said land and will defend the same against the lawful claims of all persons claiming by or through grantor. In Witness Whereof, the Grantor has hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of: Print Name: THE MOST REVERENT ANTHONY J. O'CONNELL BISHOP OF DIOCESE OF PALM BEACH . 9995 North Military Trail Palm Beach Gardens, FL 33410-9650 Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, this day of ,2001, by The Most Reverend Anthony 1. O'Connell, BISHOP OF DIOCESE OF P ALMBEACH, LJ who is personally known to me, or LJ who produced their driver's licenses as identification. Notary Public STATE OF FLORIDA AT LARGE My Commission Expires: ~ '. '-' "'-' This Instrument Prepared By Harold G. Melville. Esq. MELVILLE & SOWERBY, P.L. 2940 South 25th Street Fort Pierce, Florida 34981 PARCEL J.D. NO. 2408-324-0003-000/4 and Portion of2408-324-0002-000/7 (Spice Above This Line For Recording Dati) DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS that GEORGE CRAIG FULMER and P A TRlCIA ANN FULMER (hereinafter "Declarant"), hereby declare the unification of title of the property more particularly described herein in accordance with the tenns and conditions contained herein. WITNESSETH: WHEREAS, Declarant is the owner in fee simple of the real property (hereinafter "Existing Property") more particularly described as follows: Property Tax J.D. #2408-324-0003-000/4 PARCEL 1: Commencing at a ·point where the West line ofthe SE 1/4 ofNW 1/4 of SW 1/4 of Section 8, Township 35 South, Range 40 East, intersects the N orth right-of~way line of Delaware A venue Extension, thence rurl East along said North right-of-way line a distance of 165 feet for the Point of Beginning, thence run North a distance of 135 feet, thence east parallel to the North right-of-way line of Delaware Avenue Extension a distance of 165 feet, thence South to the North right-of-way line of Delaware Avenue Extension, thence West along said right-of-way line to the Point of Beginning. PARCEL 2: Commencing at point where the West line of the SE 1/4 of the NW 1/4 ofthe SW 1/4 of Section 8, Township 35 South, Range 40 East intersects the North right-of-way line of Delaware Avenue Extension, thence run East along said North right-of-way line a distance of165 feet, thence run North a distance of135 feet for the Point of Beginning, thence run North a distance of 181 feet, thence East parallel to the NorthTight-of-way line of Delaware Avenue Extension a distance of 165 feet, thence South a distance of181 feet, thence West parallel to the North right-of-way line of Delaware Avenue Extension to the Point of Beginning. WHEREAS, Declarant has acquired real property (hereinafter "Adjustment Property") as a result of a lot line adjustment duly approved by S1. Lucie County, Florida, as evidenced by the approval letter attached hereto as Exhibit "A" and incorporated herein by reference. The Adjustment Property being more particularly described as follows: Property Tax J.D. #: Portion of 2408-324-0002-000/7: The East 60 feet ofthe West 165 feet of the North 316 feet of the South 346 feet of the Southeast one-quarter of the Northwest one-quarter of the Southwest one-quarter of Section 8, Township 35 South, Range 40 East, ofthe Public Records ofSt. Lucie County, Florida. WHEREAS, the attached approval letter contemplates consolidation of the "Existing Property" and the "Adjustment Property". F -~ '-' ...., NOW, THEREFORE, in accordance with the provisions of the attached approval letter, the Declarant herein hereby declares that the "Existing Property" and the "Adjustment Property" are hereby combined under common ownership and unity of title to fOlm a common parcel of property to be identified as Prope~ Tax L D_ #2408-324-0003-000/4 or such other Property Tax LD. number as assigned by the appropriate department of S1. Lucie County, Florida. IN WITNESS WHEREOF, the Declarant has hereunto caused this Declaration to be executed this _ day of , 2001. Signed, Sealed and Delivered in the presence of: Print Name: GEORGECRMGFULMER Print Name: PATRICIA ANN FULMER STATE OF COUNTY OF The foregoing instrument was acknowledged before me, this day of 2001, by GEORGE CRMG FULMER and PATRICIA ANN FULMER, husband and wife, [ ] who are personally known to me, or [ ] who have produced their drivers' licenses as proof of identification. Notary Public Print Name: STATE OF My Commission Expires: (NOTARY SEAL) ''"..-" '-' ." Tlús Instrument Prepared By Harold G. Melville, Esq. MELVILLE & SOWERBY, P.L. 2940 South 25th Street Fort Pierce, Florida 34981 Parcell.D. 2408-324-0001-000/0; 2408-324-0002-010/0; and Portion of2408-324-0002-00017 (Space Above 11ù£ Line For Rccording Data) DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS that The Most Reverend Anthony 1. O'Connell, BISHOP OF DIOCESE OF PALM BEACH (hereinafter "Declarant"), hereby declares the unification oftitle ofthe property more particularly described herein in accordance with the terms and conditions contained herein. WITNESSETH: WHEREAS, Declarant is the owner in fee simple of the real property (hereinafter "Existing Property") more particularly described as follows: Pronerty Tax I.D. #2408-324-0001-000/0 The SE 1/4 of the NW 1/4 ofthe SW 1/4 of Section 8, Township 35 South, Range 40 East, LESS AND EXCEPT THEREFROM the South 346 feet thereof. ".,.- WHEREAS, Declarant has acquired real property (hereinafter "Acquired Property") more particularly described as follows: Prooerty Tax J.D. #: Portion of 2408-324-0002-00017: The West 165 feet of the North 316 feet of the South 346 feet of the Southeast one- quarter of the Northwest one-quarter of the Southwest one-quarter of Section 8, Township 35 South, Range 40 East, of the Public Records ofS1. Lucie County, Florida. LESS the East 60 feet thereof. WHEREAS, Declarant desires to consolidate the "Existing Property" with the "Acquired Property" and the approval letter attached hereto as Exhibit "A" contemplates consolidation of the "Existing Property" and the "Acquired Property". NOW, THEREFORE, in accordance with the provisions of the attached approval letter, the Declarant herein hereby declares that the "Existing Property" and the "Acquired Property" are hereby combined under common ownership and unity of title to form a common parcel of property to be identified by such Property Tax J.D. number as assigned by the appropriate department of S1. Lucie County, Florida. \w ...., IN WITNESS WHEREOF, the Declarant has hereunto caused this Declaration to be executed this _ day of ,2001. Signed, Sealed and Delivered in the presence of: Print Name: THE MOST REVERENT ANTHONY J. O'CONNELL BISHOP OF DIOCESE OF PALM BEACH 9995 North Military Trail Palm Beach Gardens, FL 33410-9650 Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, this day of .2001, by The Most Reverend Anthony J. O'Connell, BISHOP OF DIOCESE OF PALM BEACH,LJ who is personally known to me, or LJ who produced his driver's license as identification. Notary Public ST ATE OF FLORIDA AT LARGE My Commission Expires: ."'.-- AGENDA REQUEST ITEM NO. ~~ b_ DATE: May 8,2001 REGULAR [ ] PUBLIC HEARING [ ] 4 CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: f SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: Katherine Mackenzie-Smith Assistant County Attorney Permission to file suit against Robert L. McClain to request an Injunction to requir.e._Mr. McClain to remove trash, junk and debris from his residence at 5020 Garner Street in Fort Pierce. . See attached memorandum Staff recommends that the Board of County Commissioners grant permission to allow the County Attorney to file suit against Robert l. McClain to request an injunction to require Mr. McClain to remove the trash,junk and debris from his property. [~APPROVED [J DENIED [ ] OTHER: [X) County Attorney: Review and Approvals [ ]Managomont & Budgot: [ ]Purcha5ing: [ ] Information T och.: [ ] Pub;;c Work5 Diroctor [ ] Solid Wa5u. Mgr Effoctivo 5/96 [ ]Financo:(chock for coPy only, if applicablo) .I' ~ ..." INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 01-619 DATE: April 27, 2001 SUBJECT: Permission to File Suit against Robert L. McClain to request an Injunction to require Mr. McClain to remove trash, junk and debris from his residence BACKGROUND: On July 5, 1989, the St. Lucie County Code Enforcement Board found Robert L. McClain, Case No. 89-526, in violation of Section 1-9-19 of the St. Lucie County Code of Ordinances. Mr. McClain had accumulated trash, junk and debris at his residence, 5020 Garner Street, Fort Pierce. At the August 2, 1989 fine hearing, the Code Enforcement Board levied a fine of thirty- five dollars ($35.00). On October 4, 1989, the Code Enforcement Board levied a fine of Three hundred and fifteen dollars ($315.00). On November 1, 1989, the Code Enforcement found the property to be in compliance. On November 13, 1989, Mr. McClain paid the fines for a total of three hundred and fifty dollan, ($350.00). On April 3, 1991, the St. Lucie County Code Enforcement Board found Robert McClain, Case No. 91-349, to be in repeat violation of Section 1-9-19. St. Lucie County Code of Ordinance for accumulation of trash, junk and debris at his residence 5020 Garner Street, Fort Pierce. A fine of fifty dollars ($50.00) per day was imposed for each day the violation existed starting March 19, 1991. The violation was abated as of June 3, 1991. On August 7, 1991, the Code Enforcement Board reduced the fine to three hundred dollars ($300.00) which was paid by Mr. McClain. On November 1,1991, the St. Lucie County Code Enforcement Board sent a Notice of Violation to Mr. McClain for repeat violation of Section 1-9-19 St. Lucie County Code of Ordinances. The violation was abated as of November 12, 1991. On February 2, 1994, in Case No. 93-1126, the St. Lucie County Code Enforcement Board found Robert McLain to be in violation of Section 1-9-19 St. Lucie County Code of Ordinances for accumulation of trash, junk and debris. The Code Enforcement Board levied a fine of ten dollars ($10.00) per day beginning February 3, 1994. The violation was abated as of June 7, 1995. On June 7, 1995, the fine was reduced to five hundred dollars ($500.00) and was paid in full. .. / '-r ...,¡ On June 2, 1999, the St. Lucie County Code Enforcement Board found Robert L. McClain, Case No. 99-010015, in violation of Section 1-9-19 of the St. Lucie County Code of Ordinances (the "Code"). Mr. McClain had deposited an enormous amount of various types of trash, junk and debris on his property located at 5020 Garner Street, Fort Pierce. The debris included cardboard boxes, trash bags, unserviceable vehicles, tall grass and weeds. The trash. junk and debris appeared to have filled the entire home, carport and was overflowing into the yard. On July 7, 1999. the St. Lucie County Code Enforcement Board fined Mr. McClain twenty-five ($25) per day for each day the violation continued beginning June 2, 1999. The fine has reached the maximum amount of $5,000. On May 8, 2000, St. Lucie County Code Enforcement received another complaint concerning the junk, trash. debris and overgrowth at Mr. McClain's residence. A notice of violation was issued and Mr. McClain was given to May 25. 2000 to correct the violation. The trash, junk and debris had spread almost to the road. Local service agencies were contacted and a combined effort was put forth from the County, local service agencies and neighbors. The trash, junk and debris and overgrowth were removed from the yard. . '''.-- As of April 2001, trash,junk and debris has again be'ên accumulating. It is spreading from the carport to the yard again. The yard is again overgrown (please see attached photographs). Mr. McClain's property is homestead and therefore, pursuant to state law, the Code Enforcement lien from Case No. 99-010015 cannot be foreclosed as to the real property. Since the traditional remedy of lien foreclosure is not an option in this case, staff believes that the County will need to seek judicial relief to require the property owner to clean up his property. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners grant permission to allow the County Attorney to file suit against Robert L. McClain to request an injunction to require Mr. McClain to remove the trash, junk and debris from his property or in the alternative. to permit the County to clean the property. « Respectfully submitted, J¿¿. KMS/cb Attachment Katherine Mackenzie-Smith Assistant County Attorney Copies to: County Attorney Public Works Director Staff Concurring Clerk Secretary Press Public " . '" ..." . ROBERT MCCLAIN 5020 GARNER ST 4/18/01 OFFICER: MICHELLE PRESTRIDGE . 4 , '" \p -...I ROBERT MCCLAIN 5020 GARNER ST 4/18/0 I OFFICER: MICHELLE PRESTRIDGE .. '-' AGENDA REOUEST """"" ITEM NO. C-6.C DATE: May 8, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie Soil and Water Conservation District - Interlocal Agreement for Administration of Mobile Irrigation Lab ("MIL") Grant - BACKGROUND: S~e attached memorandum CA 01-670 FUNDS AVAILABLE: Funds will be appropriated pursuant to Resolution 01-99 which will be presented to the Board on May 8, 2001. RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed interlocal agreement with the St. Lucie County Soil and Water Conservation District, and authorize the chairman to sign the agreement. [19 APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: c~ V Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ ." "-, ., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 01-670 DATE: May 1,2001 SUBJECT: St. Lucie Soil and Water Conservation District - Interlocal Agreement for Administration of Mobile Irrigation Lab ("MIL") Grant BACKGROUND: The St Lucie County Soil and Water Conservation District has entered into an agreement with the Florida Department of Environmental Protection (DEP Agreement No. W AP044) which I provides for the continuation of the mobile irrigation lab ("MIL") project. The District has requested that the County assist it with the program by coordinating the fiscal administration of the grant. The County has provided similar services to the District for past grants. Attached to this memorandum is a copy of a proposed interlocal agreement drafted for this purpose. Pursuant to the agreement, the County will retain five percent (5%) of the grant funds as compensation for its services to the District. CONCLUSION/RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed interlocal agreement with the St. Lucie County Soil and Water Conservation District, and authorize the chairman to sign the agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachments BY/ Copies to: County Administrator Finance Director Management and Budget Director Deputy Clerk .:J'If ¡ ~ ..,,; INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this day of ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and the ST. LUCIE SOIL AND WATER CONSERVATION DISTRICT, a special taxing district (the "District"). WHEREAS, the District has entered into DEP Agreement No. W AP044 with the Florida Department of Environrnental Protection (the DEP Agreement) which provides for the District's continued operation of an Urban Mobile Irrigation Lab in St. Lucie County (the "Project"); and WHEREAS, the District has requested that the County assist it by coordinate the fiscal administration, including processing the payroll and benefits for the employee hired by the District to operate the Urban Mobile Irrigation Lab ("MIL") of the DEP Agreement on behalf of the District; and .: WHE~AS, the County is willing and able to assist the District in this regard. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. PROJECT MANAGERS. The Project Manager for the County is the Bess McKinney at (561) 461-4546. The Project Manager for the District is Philip C. "Flip" Gates, Jr. at (561) 461-4546. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 1 ", "" ."wII 3. COUNTY RESPONSIBILITY. A. The County agrees to coordinate the fiscal administration of the DEP Agreement on behalf of the District. The County shall deposit into an interest bearing account funds received from the Florida Department of Environmental Protection on behalf of the District pursuant to the FDEP Agreement. Upon receipt and verification of invoices from the District for services or equipment obtained by the District pursuant to the DEP Agreement, the County shall pay such invoices on behalf ofthe District using the funds received from DEP. The County shall retain five percent (5%) of the funds received from DEP as compensation for its services on behalf of the District under this Agreement. Within forty-five (45) days following the date oftennination of this Agreement and payment of all outstanding invoices under the DEP Agreement, the County shall return the remaining funds and any accrued interest to the District. B. The County agrees to be responsible for payment of the salary, benefits, and withholding for:the employee hired by the District to operate 1he MIL (the "Employee"). The DEP funds shall be used for the payment of such expenses. The Employee shall be not be considered an employee of the County. I 4. DISTRICT RESPONSIBILITY. A The District shall be responsible for the perfonnance of the Project under the DEP Agreement as set forth in the Scope of Work thereunder incorporated herein by reference. The District shall submit to the County invoices for services or equipment obtained by the District pursuant to the DEP Agreement. The District shall cooperate with the County in providing any documentation or infonnation required for the County to process such invoices for payment or otherwise administer the DEP Agreement. B. The District shall be responsible for the hiring and supervision of the Employee to operate the MIL. The District shall detennine the salary and benefits for such the Employee. The District shall provide the County Finance Department with the employee's timesheets on or before the Monday preceding a payday. C. The District shall notify the Employee and the County Finance Department regarding any changes in the Employee's status, including tennination of employment. D. The District shall be responsible for the collection of funds from DEP. In the event the funds awarded become unavailable or must be returned to DEP, the District shall repay all payroll and other expenses incurred by the County on behalf of the District. E. The District shall be solely responsible for the Employee's perfonnance and professional conduct. 2 ;' ~ ....J F. The District shall be solely responsible for any work related licenses or insurance which may be required for the Employee. 5. TERM: TERMINATION. The term of this agreement shall commence on the date set forth above and shall continue tmtil the DEP Agreement and any extensions thereof are terminated. Either party may terminate this agreement with or without cause upon thirty (30) days prior written notice to the other party. 6. NOTICES. All notices, requests, consents, and other communications required or permitted under this Agreement shall in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, and addressed to: AS TO COU1iIL WITH A COPY TO: COtmty Administrator 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 St. Lucie COtmty Attorney 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 AS TO DISTRICT: St. Lucie Soil and Water Conservation District 8400 Picos Road, Suite 202 Fort Pierce, Florida 33945 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommtmicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 7. AUDIT. The parties agree that the other party or any of its duly authorized representatives shall, tmtil the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of that party 3 # i "" .-..J involving transactions related to this Agreement. 8. PUBLIC RECORDS. The parties agree to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by them in conjunction with this Agreement. 9. ASSIGNMENT. Neither party shall assign this Agreement to any other persons or firm without first obtaining the other parties' approval. 10. FILING. , ' This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court rfSt. Lucie County pursuant to Section 163.01(11), Florida Statutes. ; IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 4 .# ","' ATTEST: SECRETARY wp \g: 1agreemn/\;n/e1'/oca/\,)'wcdm;/. 01. wpd 'J ST. LUCIE SOIL AND WATER CONSERVATION DISTRICT BY: CHAIRMAN DATE: 5 / '-' AGENDA REQUEST -:.;I ITEM NO. C.~lob DATE: May 8, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Extension of Lease Agreement with State of Florida Department of Juvenile Justice BACKGROUND: 'See attached memorandum fUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Modification to Extend and authorize the Chairman to sign the Modification COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: ouglas Anderson County Administrator County Attorney: w Review and Approvals Management & Budget Purchasing: Originating Dept. Central Svcs Dir.: County Eng.: Finance: (Check for Copy only, if applicable) Eft. 5/96 , OJ '-' ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A_ NO. 01-673 DATE: May 1, 2001 SUBJECT: Extension of Lease Agreement with State of Florida Department of Juvenile Justice ------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- BACKGROUND: . The C04nty owns property including a building located at 119 South 10th Street in Fort Pierce. The County has leased this property to the State of Florida Department of Juvenile Justice ("Department") since June 30,1998. The Department is using the property to provide social services to area residents. The Department is paying the County rent in the amount of five hundred and 0/100 ($500.00) dollars per month. The current Lease expires on August 31, 2001. Attached is a copy of a letter dated April 24, 2001 from Michele Lewis of the Department requesting that the County agree to sign a "Modification to Extend" which would extend the lease term until August 31, 200~ RECOMMENDATION/CONCLUSION: t Staff recommends that the Board approve the Modification to Extend and authorize the Chairman to sign the Modification. DSM/ caf Attachment '-' ...." ,;' STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE April 24, 2001 Mr. Daniel S. Mcintyre 2300 Virginia Avenue 3rd Floor Admin. Annex Ft. Pierce, FL 34982-5652 '.I I.. Re: Lease Number: DJJ 15 001 Location: Ft. Pierce Dear Mr. Mcintyre: ¡ Enclosed is the new Modification to Extend for the above location for your review and signatures. Please have the appropriate signature placed on all five (5) copies of the modification. Also, two (2) separate individuals must witness the signature on all forms and print their names in the proper location. If you have any questions concerning this package or need further assistance you may contact me at (850) 921-6575. Sincerely, ÎYLt'~ ~ Michele Lewis OMCI . Enclosures 2737 CENTERVIEW DRIVE JEB BUSH, GOVERNOR TALLAHASSEE, FLORIDA 32399-3100 W.G. "BILL" BANKHEAD, SECRETARY 1"/ ~ ì/ I &'~ I \ 11 ì I V0V ~ \"~~ ,r '0~ In .J \ . , I , ,I ·i ~) '" '-' STATE OF FLORIDA ..."J ~Jm-~ !:~ .tt..~~1 j._ .: .~~~t:l , '~~-' ",,- ,- ~' .J ""... -!::~-:- '. ~.. 'c..w " ' DEPARTMENT OF JUVENILE JUSTICE AGREEMENT FOR MODIFICATION TO EXTEND TERM ZONE: LEASE NO,: MODIFICATION NO.: 20 DJJ 15 001 02 WHEREAS, the Department of Juvenile Justice , as Lessee, has previously entered into Lease Number DJJ 15 001 , on June 30 , 19~ A.D., for a term comrnencmg July 1 , 19~ A.D., which now terminates the2,L day of August , 20J!L, A.D.,; the current Lessor being St. Lucie County. Florida. A political subdivision of the State of Florida (Owner's name) and; WHEREAS, both the Lessor and the Lessee wish to amend and modify said lease so as to change the term of the lease; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto hereby agree as follows: 1. The above described Lease No. DJJ 15 001 is hereby amended and modified to extend the term to and including the 31 day of AU2ust , 20-ºL, AD., and « 2. The covenants and conditions contained in the original State of Florida, Department of Juvenile Justice Lease Agreement No. DJJ 15 001 as amended by the above modifications, are readopted by the Lessor and Lessee and incorporated herein. ., ~,... ...... "" '-' "-'" LEASE NO.: DJJ 15 001 MODIFICATION NO.: 02 IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, this _ day of , 20_, A.D. ANY MODIFICATION OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES. If Lessor is a Corporation, Partnership, Trust, Name of Corporation, Partnership, Trust, etc.: etc.: St. Lucie County, Board of County Commissioners Signed, sealed and delivered in the presence of: f By: (SEAL) Its Chairman ATTEST: (SEAL) AS TO President, General Partner, Trustee Its Secretary Signed, sealed and delivered in the presence LESSEE: STATE OF FLORIDA of: DEPARTMENT OF Juvenile Justice By: AS TO LESSEE Larry Ochalek, Chief Bureau of Contracting & Purchasing ORIGINAL SIGNATURES REQUESTED ON ALL COPIES . . f c 2of2 "..,- ,; l,; ù AGENDA REQUEST ITEM NO. c-7A DATE: May 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept the Florida Department ofTransportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and resolution 01-104 authorizing the Chairman to sign the agreement, for the construction of a fire protection system at St. Lucie County International Airport. This IP A provides for $400,000 of the $500,000 necessary for the project. This is a 80% matching fund IPA with the Florida Department of Transportation. BACKGROUND: On March 2000, the Board approved the construction of a ground storage tank at St. Lucie County International Airport. The existing water system at the Airport does not provide adequate continuous water supply to support the fire protection and suppression systems required for the construction of some types of hangars. As indicated in the attached Water System Analysis prepared by PBS&J, supplemental fire protection enhancements are necessary to ensure adequate fire protection at the Airport. This JPA will provide $400,000 of the $500,000 necessary for the construction of fire protection enhancements at the airport. . FUNDS AVAILABLE IN ACCT#: Matching funds of $1 00,000 were available in the Airport Signage project. However, due to a federal grant, the signage project required only $22,900 of the $100,000 approved by the Board. The balance of matching funds of $77,100 are available in the Improvements oft Building account (140-4220-563000-400) and the remainder of $22,900 needed for the project are available in Airport funds carryforward balance (140-9910- 599900-800). . PREVIOUS ACTION: In March 2000, the Board approved the fire protection system project at St. Lucie County International Airport. ~ RECOMMENOA TION: Staff recommends that the Board accept the Florida Department ofTransportation (FOOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and resolution 01-104 authorizing the Chairman to sign the agreement, for the construction of a fire protection system at St. Lucie County International Airport. This IP A provides for $400,000 of the $500,000 necessary for the project. This is a 80% matching fund JP A with the Florida Department of Transportation. COMMISSION ACTION: peJAPPROVED [ ]DENIEO [ ]OTHER: Reviews & Approvals f County Attomey'~OMB Originating Dept: ~ 'Other: Finance:(Check fì r Cop y, If applIcable) Purchasing Other: ) ~ · · · WATER SYSTEM ANAL YSIS FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT PBS&J PROÆCT NUMBER 01-1234.01 MAY 2001 PBS' ~ , \w ....,¡ Table of Contents Section Pa1!e 1 Introduction........................................ .......................................................... ...... .... ........ .... 1-1 1.1 Background ..................... ................................................................. ........ .................. 1-1 1.2 .Purpose.............................................................. .... ................................. ... .... ............ 1-2 2 Existing and Future Conditions ...................................................._.................................... 2-1 2.1 Existing Facilities, Equipment and Structures...................._...................................... 2-1 2.2 Existing Potable and Fire Demands........................................................................... 2-1 2.2.1 Existing Potable Demand................................................................................... 2-1 2.2.2 Existing Fire Demand ............._..........................................................................2-4 2.3 Future Potable and Fire Demands.............................................................................. 2-4 2.3.1 Future Potable ..Demand.................................................................................... 2-4 2.3.2 Future Fire Demand ......................................................_.................................... 2-5 . 3 Water System Analysis and Recommendations ................................_............................... 3-1 3.1 Existing and Future Condition Computer Models .........._.......................................... 3-1 3.2 Model Results ............................................................................................................ 3-1 3.3 Recommendations..................... ................................................................................. 3-4 , ST. LUCIE COUNTY INTERNATIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 '-" 'wi ..... Table of Contents Appendices Appendix A.................. ............... ............... .._................................ .. Hydrant Maintenance Reports Appendix B ......... ......... ............ ...... ............ .............................................................. Model Results . Figures Figure 2-1 Existing System - Major System Components ........................................................2-2 Figure 3-1 Recommended System - Major System Components.............................................. 3-5 , Tables . Table 2-1 Existing Potable Water Demand..._............................................................................ 2-3 Table 2-2 Future Potable Water Demand .................................................................................. 2-5 Table 3-1 Analysis Summary......................_....................... ............... ........................................ 3-3 þ I , ST. LUCIE COUNTY fNTERNA TIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 II " '-' .....,I Section 1.0 Introduction 1.1 Background The St. Lucie County [ntemational Airport (the airport) is one of the largest employers in St. Lucie County (the County). The County owns and operates a water distribution system that is located within the airport property boundaries. The water system serves the airport terminal and the on-site fixed base operators that are tenants on the airport site. The airport is located adjacent to 81. Lucie Boulevard in northeast St. Lucie County. The main portion of the airport water distribution system was originally constructed in 1984, and the system was extended in 1992. Water for the system is purchased from the Ft. Pierce Utilities Authority (FPUA) through a bulk water user agreement. [n addition to the water supplied by the FPUA, there are several water users who are connected to private wells. These systems are not interconnected tot the main portion of the airport system. The County contracts maintenance of the system to a private contractor. The contractor is responsible for the overall system operation that includes making system repairs when needed as well as exercising key components such as hydrants and valves. Sufficient water system capacity and fire flow protection must be available in order to accommodate anticipated expansion at the airport. ST. LUCIE COUNTY [NTERNA TIONAL AIRPORT WATER SYSTEM ANAL YSIS Project No. 01-[234.01 1-1 \.;i \wi \. Section 1.0 Introduction 1.2 Purpose This purpose of this project is to analyze, utilizing a steady-state hydraulic model, the existing water distribution system within the airport to detennine the adequacy of the system based on existing and future demands, including fire flow requirements. This report is intended to outline the specific modeling parameters based on 81. Lucie County Utility Department standards, Utility Department field investigations and recommendations, PBS&J site visits and recommendations, and proposed airport expansions. , ST. LUCIE COUNTY INTERNATIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 1-2 ¡; '-' ...I Section 2.0 Existing and Future Conditions 2.1 Existing Facilities, Equipment and Structures Currently, there are two water mains that feed the St Lucie County International Airport (SLCIA): one is a 12" main located on the east side of the airport and the other connection point is an 8" main on the west side of the airport. Both of these water mains connect to Fort Pierce Utility Authority (FPUA) mains. The main lines within the airport consist of 8 and 12-inch lines. Other system components include water lines ranging in size from %-inch to 6-inch, valves, meters, fire hydrants and other miscellaneous appurtenances. The major system components are shown in Figure 2-1. 2.2 Existing Potable and Fire Demands 2.2.1 Existing Potable Demand Existing potable demands were based on meter data provided by the airport staff for October 2000 through February 2001 from the 14 existing water meters located within the airport. An average demand was calculated based on this data and this average demand was utilized as the existing potable demand. This data is provided in Table 2-1. ST. LUCIE COUNTY INTERNATIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 2-1 '-" 'wi \. Section 2.0 Existing and Future Conditions Table 2-1 I Existing Potable Water Demand ble Aviation 16,780 19,790 25,460 15,336 17,290 18,931 0.44 ircraft round 950 1,220 1,080 1,040 1,470 1,152 0.03 ircraft Paint 24,130 34,800 35,600 27,290 36,890 31,742 0.73 . irport errninal 57,800 71,800 76,200 60,000 74,100 67,980 1.56 ir Traffic ontrol 12,000 1I,9oo 10,900 6,800 14,500 11,220 0.26 15,300 42,600 42,300 33,700 14,200 29,620 0.68 76,690 2,290 910 330 8,900 17,824 0.41 22,610 26,520 31,580 35,810 35,510 30,406 0.70 t 15,800 17,820 15,650 14,340 28,150 18,352 0.42 2,630 2,090 1,080 270 1,060 1,426 0.03 10,000 15,400 12,400 10,200 16,300 12,860 0.30 16,54Ö 16,730 112,410 95,370 24,730 53,156 1.22 55,550 132,220 70,240 71,410 82,355 1.91 ST. LUCIE COUNTY INTERNATIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 2-3 ., '-" ...., Section 2.0 Existing and Future Conditions 2.2.2 Existing Fire Demand The existing fire demand was determined based on the existing building square footages, usage and National Fire Protection Association (NFPA) standards. 2.3 Future Potable and Fire Demands 2.3.1 Future Potable Demand Future potable demands \vere projected based on anticipated expansion information provided by airport staff and their planning documents, utilizing existing meter data to estimate future demands based on building usage and area. The proposed buildings included in these additional demands are summarized in Table 2-2. ST. LUCIE COUNTY INTERNATIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 0 I - I 234.0 I 2-4 \.f Section 2.0 ...., \. Existing and Future Conditions Table 2-2 , Future Potable Water Demand , A\'Cra~e Potable Estimated Water Demand, Facility Descriptiun Square Footage gpm . . . I amtmg Hanger aintenance Hanger ir Craft Manufacturing anger csearch. Development and Manufacturing ~ aintenance Hangers anger aintenance Hanger torage Hangers ainting Hanger irport Maintenance Facility anger irportlFirelRescue 40.000 35.000 60.000 12,000 70,000 35,000 22,000 8,000 12,000 14,400 12,000 10,000 10.000 5.000 2.57 1.45 0.90 0.77 1.04 0.92 1.41 0.51 0.77 0.93 0.77 0.22 0.64 0.11 J J 2.3.2 Future Fire Demand The future fire demand was estimated based on proposed expansion information provided by airport staff. This information consisted of proposed building locations, square footages, usage and type of fire suppression system planned. ST. LUCIE COUNTY INTERNA T[ONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 2-5 í \r ...., Section 2.0 .Existing and Future Conditions Based on NFP A 409 Standard on Aircraft Hangers, four different type of possible fire suppression systems were considered as possibilities for future hangers: foam-water, low expansion foam, high expansion foam and closed head foam-water. The maximum fire flow demand, both in tenns of flow rate and volume of water, calculated from the four methods was utilized for this analysis. 4 · · · · · ST. LUCIE COUNTY fNTERNA TlONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 2-6 \.I ....J '" Section 3.0 Water System Analysis and Recommendations J 3.1 Existing and Future Condition Computer Models A steady-state hydraulic model of the water system was prepared using Cybernet Version 3.1. The model contained the following significant assumptions: · 1. All valves within the system are fully open, 2. The pressures at the two tie-in locations was estimated based on the static pressure measured at the ten fire hydrants located within the airport (see Appendix A for test data). t For the existing condition, the worst-case fire demand (based on demand and location of existing buildings) was added to the model. Once the existing system model was established, future conditions were introduced into the model. Again, based on the planned building locations and fire flow demands, a worst-case fire demand was added to the future model. · 3.2 Model Results ) 3.2.1 Existing System The existing system model run indicated that even under current conditions, the system is deficient with regard to providing adequate fire flows. In order to meet the NFP A standards, storage and booster pumps would be required to supplement the existing system. These components were added to the existing model in order to meet existing fire flow demands. The model results for existing conditions with the additional fire suppression components are included in Appendix B. t · 3.2.2 Future System The increased fire flow requirements associated with the planned expansion produced greater system deficiencies under the conditions modeled in the future scenario. The results from this model are included in Appendix B. ST. LUCIE COUNTY INTERNA TIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.0 I 3-1 , \... ...J Section 3.0 Water System Analysis and Recommendations 3.2.3 Alternative Analysis In order to correct the deficiencies identified under future conditions, five different scenarios were modeled and are discussed below and summarized in Table 3-1. Under each scenario, the maximum flow and duration that could be supplied by the proposed system was estimated and the additional fire suppression required via storage and booster pumps was calculated. The model results under each of these scenarios are included in Appendix B. · t 3.2.3.1 Alternative 1 This alternative considered only the addition of a ground storage tank and fire suppression booster · pumps. · 3.2.3.2 Alternatives 2,4 and 5 In order to decrease system losses and increase system capacity, the existing 4,400 linear feet of 8- inch line which runs from the west connection at Hammond Road to the existing 12-inch line running north-south on Aviation Way was replaced in the model; · In Alternative 2 with a 12-inch, · In Alternatives 4 and 5 with 12-inch and 16-inch lines, respectively, and an additional hydrant. ~ 3.2.3.3 Alternative 3 This alternative considered only the addition of a ground storage tank, fire suppression booster pumps and an additional fire hydrant. ~ ST. LUCIE COUNTY INTERNA TIONAL AIRPORT WATER SYSTEM ANAL YSIS Project No. 0 I -1234.0 I 3-2 \.I 'wi \. Section 3.0 Water System Analysis and Recommendations · Table 3-1 Analysis Summary · Existing 6,500 1,750 4,750 213,750 Alternatives · 1 Future with new 8,000 1,880 6,120 275,400 $511,000 storage tank and pumps ,. Future with new 2 12-inch main, 8,000 2,630 5,370 241,650 4,400 $740,000 storage tank and pumps Future with new 3 fire hydrant 8,000 2,200 5,800 261,000 $500,000 storage tank and · pumps Future with new 12-inch main and · 4 new fire hydrant 8,000 4,000 4,000 180,000 4,400 $657,000 storage tank and - pumps Future with new 16-inch main and 5 new fire hydrant 8,000 4,140 3,860 173,700 4,400 $777,000 storage tank and pumps The estimated costs provided in Table 3-1 include construction, engineering and a contingency. rio Additional Fire :\Iaximum Flow Availahle Suppression Demanù from :\Iunicipal Required (gpm) System (gpm) (gpm) Storage Requireù (gallons) New Piping (LF) Total Estimate Cost ST. LUCIE COUNTY INTERNATIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 3-3 , '-' """" Section 3.0 Water System Analysis and Recommendations 3.3 Recommendations The lowest cost alternative that meets the future needs of the airport is Alternative 3 that includes a new fire hydrant, a 26 I ,OOO-gallon storage tank. and fire suppression booster pumps at an estimated cost of $500,000. Figure 3-1 is a schematic representation of the Recommended System's Major Components. . ST. LUCIE COUNTY INTERNA TIONAL AIRPORT WATER SYSTEM ANALYSIS Project No. 01-1234.01 3-4 ST. LUCIE CO. ATTœt£Y Fax:561-462-14110 Ma!: l"W 1 ( ;lA:j t'.UL \.I ..., '", RESOLUTION NO. 01-104 ) A RESOLUTION ACCEPTING THE ST ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 407348-1-94-01) FOR THE PURCHASE OF FIRE PROTECTION EQUIPMENT FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTllERAUfHORlZING THE COUNTY A TIORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of Cmmty Conunissioners of St. Lucie County, Florida, has made the following detenninations: j 1. The Florida Department of Transportation has awarded the County funding for the purchase of fire protection equipment for the St. Lucie County International Airport (Fin. Proj. No. 407348-1-94-01 ). . 2. The Board should authorize and approve execution of the Publie Transportation Joint Participation Agreement with. the: State of Florida Department of Public Transportation for th.e above-referenced project. NOW, THEREFORE. BE IT RESOLVED by the Board ofCountyCommis5Ïonè[$ orSt. Lude County, Florida: 1. The Board h.ereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 407348-1-94-01) to provide funding for the purchase of fire protection equipment for the St. Lucie County International Airport. . 2. The Board hereby authori7.es the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to fonn and correctness. t After motion and second, the vote on this resolution was as follows: Chairperson Frannie Hutchinson Vice-Chairperson Doug Coward Commissioner ClitTBames Commissioner Paula A. Lewis Commissioner John D. Bruhn xx XX XX xx XX 1 ST. LUCIE CO. ATTORNEY Fax:561-462-1440 May 1 'Ul l(;Uö r.UJ ;' '-' ..J PASSED AND DULY ADOPTED this XX day of XX, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA « BY: DEPUTY CLERK CHAIRPERSON · APPROVED AS TO FORM AND CORRECTNESS: · COUNTY ATIORNEY 4 t · t 2 ~ "wi " STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-03O-œ PUBLIC TRANSP ADMIN 07/00 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT · FINANCIAL PROJECT NO.: Fund: OS FLAIR Approp: 088719 407348-1-94-01 FLAIR Obj.: 750004 (Item-segment-phase-sequence) Function: 637 Org. Code: 55042010428 Contract No: Federal No: N/A Vendor No: VF 596000835030 Catalog of Federal Domestic Assistance Number: Catalog of State F1I1ancial Assistance Number: 55004 þ · THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. · W IT N ESE T H: · WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) , Florida Statutes, to enter into this Agreement; · NOW, THEREFORE, in consideration of the mu1ual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to purchase Fire Protection Equipment. and as further described in Exhibit(s) A.B.C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. , \w- ...." FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 2 of 12 2.00 Accomplishment of the Project: . 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, pennit, notice. or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this . Agreement or to undertake the project hereunder, or to observe, assume or cany out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any' such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the . Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit MCM attached hereto and by this reference made a part hereof. 3.00 Project Cost The total estimated cost of the project is $ 500.000.00 . This amount . is based upon the estimate summarized in Exhibit "aM attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 400.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: . (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of th is Agreement; (d) Department approval ofthe project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding ~is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (i&) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, cany out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. '-' '...I " FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 30112 · 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20. payment will begin in the year the project or project phase is scheduled in the \NOrk program as of the date of the agreement. Payment will be made for . actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: · 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project. in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Govemments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the ·project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. ~ , 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. · · 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by property executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. · 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a proper1y signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clear1y identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 1.60 Audit Reports: 1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. 2. Audits shall be conducted under the guidelines of A-133, Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the eaf1ier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. " '-" ...., FORM 72!HJ30-06 PUBLIC TRANSP ADMIN 07100 Page 4 of 12 4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. · 5. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: · Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. · Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: " · State of Florida Auditor General P.O. Box 1735 Tallahassee,Fl 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. · In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit PC". · · 8.00 Requisitions and Paymen1s: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department ofTransportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 33309 its requisition on a fonn or tonns prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation tor services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid tor real property. '-" '...I " FORM 725-030-06 PUBUC TRANSP ADMIN 07/00 Page 50112 · (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. · 8.20 The Departmenfs Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: · 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application. or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; · · 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: 'the Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; · 8.24 Conflict of Interests: There has been any violation ofthe conflict of interest provisions contained herein; or } 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. , 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. ~ · 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for Y«>rk or services performed pursuant to this agreement, the Department may offset such amount from payments due for wort< or services done under any public transportation joint participation agreement \\'hich it has with the Agencf owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Tennination or Suspension of Project: 9.10 T ennination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason. the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement untif such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. , \..; ...,¡ FORM 725-0»-06 PUBLIC TRANSP ADMIN 07/00 Page 6 of 12 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are othenNise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agtèement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. · · 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. ,t · 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departmenfs authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: · 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the em:loyment of the same. · 12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultanfs Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. ~ \..f \J " FORM 72S-03G-06 PUBLIC TRANSP ADMIN 07/00 Page 7 of 12 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. · 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: · 13.10 Equal Employment Opportunity: I n connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. TheAgency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar ~r1<, the Agency shall pOst, in conspicuous places available to employees and applicants for employment for project ~r1<, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. þ 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Trtle VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. ~ · 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. · · 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with pñor approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for t1No years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Govemmental agency. ,/ "-" ...¡ FORM 725-0J0.Q6 PUBLIC TRANSP ADMIN 07/00 Page 8 of 12 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution ofthis Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in confonnance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. ,I 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility orequipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or \..;' '....I " FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 9 of 12 expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the perfonnance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the perfonnance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its tenns, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either df the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. . 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Departmenfs satisfaction, th.e Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a tenn for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its ~ \.. .".J FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 10 of 12 terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbaüm in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30. 2003 . If the Agency does not complete the project within this time period. this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format All words used tiérein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract. the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempüng to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Form to Report lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The \w' v '- FORM 725-0»-06 PUBLIC TRANSP ADMIN 07/00 Page 11 of 12 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a)"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to pro\¡ide 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 perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any pUblic entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." . , '- ....,; FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 12 of 12 Financial Project No. 407348-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT St. Lucie County Board of County Commissioners COMPTROLLER FUNDING APPROVAL DATE: BY: ,¡ ATTORNEY DEPARTMENT OF TRANSPORTATION TITLE: ATTEST: TITLE: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS 4 ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) ~ \wi "'- Fin. Proj. No.: 407348-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and S1. Lucie County Board of County Commissioners PROJECT LOCATION: S1. Lucie County International Airport PROJECT DESCRIPTION: Fire Protection Equipment , SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s} required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A , \.r """" Fin. Proj. No.: 407348-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and 81. Lucie County Board of County Commissioners I. TOTAl PROJECT COST: $500,000 II. PARTICIPATION: Federal Partidpation: FAA, FTA, UMTA, etc. O.()()ofo $0 <.' Agency Partidpation: In-KJnd $0 Cash 20. ()()Ofo $100,000 Other $0 Maximum Department Partidpation: Primary (DS) (DDR) (DIM) (PORl) 80. ()()Ofo $400,000 Federal Reimbursable (DU) (FRA) (DFTA) $0 Local Reimbursable (DL) $0 III. TOTAL PROJECT COST: $500,000 ~ v "- Exhibij C Page 1 of 2 Fin. Proj. No.: 407348-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of Cot.intv Commissioners Documents required to be submitted to the department by the Agency in accordance with the terms of this agreement SUBMITT AUCERTIFICATION BASIS FOR ACCEPTANCE · Consultant Selection Compliance Design Submittal" 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professiónal Engineer Agency Attorney's Certification Engineer Certification"" Construction/Procurement Department Letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice to Proceed Department Letter Annual Audit Reports Agency Certification · Completion Per Specifications Agency Certification · " Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Specialist Public Transportation Office, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 .... Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. , ...... ...." Exhibit C Page 2 of 2 Fin. Proj. No.: 407348-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Particìpation Agreement. Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars , . Florida Department of Transportation Standards of Design for General Aviation Projects · State of Florida Manual of Unlfonn Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Unifonn Traffic Control Devices . State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. . Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. '-'" ""'" ,. ------ ~ ~ ....I ~ AGENDA REQUEST ITEM NO. C - 7 B DATE: May 6, 2001 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] BOARD OF COUNTY COMMISSIONERS PRESENTED BY: TO: SUBMITTED BY: AilJ>ort Paul Phillips SUBJECT: Accept the Florida Department ofTransportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JPA and resolution 01-105 authorizing the Chairman to sign the agreement, for the construction of security fencing at St. Lucie County International Airport. This JP A provides for $8,333 of the $166,666 necessary for the project. This is a 5% matching fund JPA with the Florida Department of Transportation. BACKGROUND: Last year, Congress passed a multi-year funding bill for airports. For the first time ever, Congress appropriated $150,000 per year for three consecutive years to be used for infrastructure projects at general aviation airports. This $150,000 is a 90% matching grant from the Federal Aviation Administration (FAA) with the balance of$8,333 from FDOT and $8,333 from local funds. As airport safety and security is the Airport's number one concern, this project consists of the installation of security fencing. This JPA will provide for FDOT's share of the installation of the security fencing. FUNDS AVAILABLE IN ACCT#: Matching funds of $8,333 are available in the Airport funds carryforward balance account. (140-9910-599900-800). PREVIOUS ACTION: n/a . RECOMMENDATION: Staff recommends that the Board accept the Florida Department ofTransportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and resolution 01-105 authorizing the Chairman to sign the agreement, for the construction of security fencing at St. Lucie County International Airport. This JPA provides for $8,333 of the $166,666 necessary for the project. This is a 5% matching fund JP A with the Florida Department of Transportation. COMMISSION ACTION: [~APPROVED [ ]DENIED [ ]OTHER: Reviews & Aoprovals County Attorney: Originating Dept: , Finance:(Check for Copy ST. LUCIE CO. RTTDRNEY Fax:561-462-1440 May 1 '01 17:~( t-'.U1 \..I 'wi "- A RESOLUTION NO. 01-105 o' A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 411090-1-94-01) FOR THE INSTALLATION OF SECURITY FENONG AT THE ST. LUCIE COUNTY INTERNA TlONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUfHORlZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS ) . WHEREAS, the Board ofCouoty Commissioners ofSt. Lucie County, Florida, has made the following detenninations: t l. The Florida Department of Transportation has awarded the County funding for the installation of security fencing at the St. Lucie CO\Ulty lnternational Airport (Fin. Proj No. 411090- 1-94-0 I). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: , . 1. The Board hereby accepts and approves thc Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 411090-1-94-01) to provide funding for the installation of security fencing at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute: the agreement by approving it as to fonn and correçtness. After moùon and second, the vote on this resolution wa.~ as follows: Chairperson Frannie Hutchinson XX Vice-Chairperson Doug Coward XX Commissioner Cliff Barnes XX Commissioner Paula A. Lewis XX Commissioner Jo1m D_ Bruhn XX ST. LUCIE CO. ~TTORNEY Fax:561-462-1440 May 1 '01 1(:~( t'.Uj '" '-' ...., PASSED AND DULY ADOPTED this XX day of XX, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: CHAIRPERSON DEPUTY CLERK . APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 ~ 'vi " STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-<)30-06 PUBLIC TRANSP ADMIN 07/00 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT . . FINANCIAL PROJECT NO.: Fund: OS FLAIR Approp: 088719 411090-1-94-01 FLAIR Obj.: 750004 (Item-segment-phase-sequence) Function: 637 On;¡. Code: 55042010428 Contract No: Federal No: N/A Vendor No: VF 596000835030 Catalo9 of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004 , THIS AGREEMENT, made and entered into this day of I by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and S1. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. WIT N ESE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) , Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration ofthe mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to Install Security Fencing. and as further described in Exhibit(s) A.S & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. / \w ...",I FORM 725-0:\0.06 PUBLIC "TRANSP ADMIN 07/00 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this . Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost The total estimated cost of the project is $ 166.666.00 . This amount ., is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. . 4.00 Deparbnent Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 8.333.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropñation request in the work program year that the project is scheduled to be committed; (b) Availability offunds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (i&His not) applicable. If applicable, the Departmðl1t may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (i&) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. \..I "'WI " FORM 725-030-06 PUBLIC TRANSP AOMIN 07/00 Page 3 of 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: » ~ 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and ·Principles for State and Local Govemments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the ·project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds·. The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. , 7.30 Costs Incurred for the Project The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. ) 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a proper1y signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clear1y identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: 1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Rnancial Project Number (FPN) and contract number. 2. Audits shall be conducted under the guidelines of A-133, Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the ear1ier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report. or reporting package, and data collection form. ,. '-' ....., FORM n5-0J0.06 PUBLIC lRANSP ADMIN 07/00 Page 4 of 12 4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. 5. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: . Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: ,I State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the DistrictPublic Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facifities or reimburse the Department to the extent of its interest in the lost equipment or facifity. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department ofTransportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. v \wi " FORM 725-0JO.OO PUBLIC TRANSP ADMIN 07100 Page 5 of 12 (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departmenfs Obligations: Subject to other provisions hereof, the Department will honor such ..~ requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in"its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Deparbnent: 'The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for a/l disallowed costs. 8.30 Disallowed Cos1s: In determining the amount of the payment, the Department will exclude all projects ) costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract ór other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.1 0 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. " '-" ..,J FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 6 of 12 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to cany out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are othel'Nise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. '.' 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment. provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departmenfs authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approllal of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion ofthe Department, the Agency will involve the Department in the Consultant Selection Process for all contracts, In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DB E) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the peñonnance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amende~, apply to this Agreement. '-' '~ , FORM 725-030-06 PUBLIC TRANSP ADMIN 07100 Page 7 Of 12 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the perfonnance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perfonn contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and perfonnance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affinnative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or tennination; rates of payor otherfonns of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar wor1<, the Agency shall pœt. in conspicuous places available to employees and applicants for employment for project wor1<, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement J constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or ~heir subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for tv«> years thereafter has any interest, direct or indirecllf any such present or fonner member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect. in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Govemmental agency. ;' '-' ""'" FORM 725-{)30-06 PUBLIC TRANSP ADMIN 07/00 Page 8 of 12 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in confonnance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Deparbnent Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. ,I 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to obßerve or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement.v 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or \..I ....., " FORM 725-0J0.06 PUBLIC TRANSP ADMIN 07100 Page 9 of 12 expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement. except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities. the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and ~II issue to the Agency written approval with any approved portions of the project and comments or recommendations conceming any . remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency ~II certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the eventthis Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its /' '-' ...."" FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 10 of 12 terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." t 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30. 2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. I 19.00 Agreement Format All words used herein in the singularform shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-lll, "Disclosure Form to Report lobbying,· in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, sUbgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The \.I \WI "' FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 11 of 12 20 days are measured from the latter of the date the invoice is received or the goods or services are received. inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers. . as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, , 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to prôvide 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 perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY lWO for a period of 36 months from the date of being placed on the convicted vendor list." tI' '-' ....I FORM 725-030-06 PUBLIC 1RANSP ADMIN 07/00 Page 12 of 12 Financial Project No. 411090-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. . AGENCY FOOT St. Lucie County Board of County Commissioners COMPTROLLER FUNDING APPROVAL DATE: BY: ,I ATTORNEY DEPARTMENT OF TRANSPORTATION TITLE: ATTEST: DISTRICT SECRETARY OR DIRECTOR OF PlANNING & PROGRAMS TITLE: (SEAL) ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) . \..I \J " Fin. Proj. No.: 411090-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES þ · This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County International Airport , PROJECT DESCRIPTION: Install Security Fencing ,J · SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A · - / \w ."j Fin. Proj. No.: 411090-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners , I. TOTAL PROJECT COST: $166.666 II. PARTICIPATION: Federal Participation: FAA, FTA, UMT A, etc. 90.00% $150,000 .1 Agency Participation: In-Kind $0 Cash 5.00% $8,333 Other $0 Maximum Department Participation: Primary (OS) (DDR) (DIM) (PORT) 5.00% $8,333 Federal Reimbursable (DU) (FRA) (OFT A) $0 Local Reimbursable (DL) $0 III. TOTAL PROJECT COST: $166,666 . '-' '...I " Exhibit C Page 1 of 2 Fin. Proj. No.: 411090-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) . This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners , Documents required to be submitted to the department by the Agency in accordance with the tenns of this agreement SUBMITTAUCERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attorney's Certification Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professiónal Engineer Engineer Certification** Construction/Procurement Department Letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice to Proceed Department Letter Annual Audit Reports Agency Certification Completion Per Specifications Agency Certification . * Plans, Specifications. Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Specialist Public Transportation Office, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 ** Criteria for devetopment and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. - . / '-" ..",¡ Exhibit C Page 2 of 2 Fin. Proj. No.: 411090-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as ·plans· in this Exhibit. , Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, "Purpose of Agreement". and Exhibit "AM of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars ,I · Florida Department of Transportation Standards of Design for General Aviation Projects · State of Florida Manual of Unlfonn Minimum Standards for Design, Construction and Maintenance for Streets and Highways . State of Florida Manual on Unifonn Traffic Control Devices . State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. . ~.. ,.. '- ....,¡ AGENDA REQUEST ITEM NO. C-~ DATE: May 8, 2001 REGULAR PUBLIC HEARING . CONSENT x TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Services Division Beth Ryder, Director@~ SUBJECT: Adopt Resolution No. 01-96 authorizing the County Administrator to execute the Satisfaction of Mortgage for each satisfied SHIP second mortgage. BACKGROUND: See Memo 01-45 FUNDS AVAIL. N/A PREVIOUS ACTION: On March 13, 2001, the Board of County Commissioners approved Resolution No. 01-75 which adopted the St. Lucie County Housing Assistance Plan for fiscal years 2001102, 2002/03 and 2003/04 for the State Housing Initiatives Partnership program. RECOMMENDATION: Adopt Resolution No.01·96 authorizing the County Administrator to execute the Satisfaction of Mortgage for each satisfied SHIP second mortgage. . COMMISSION ACTION: County Attorney: /i1 [2i APPROVED [] DENIED [ ] OTHER: Coordination/Signatu res Management & Budget Purchasing: Originating Department: Other; Other: Finance; Check for copy only, if applicable ,.. . '-' .."J ~ COMMUNITY SERVICES MEMORANDUM #01-45 SUBJECT: Board of County Commissioners Beth Ryder, Director & G- Resolution 01-96 TO: FROM: DATE: May 8, 2001 On March 13, 2001, the Board of County Commissioners approved Resolution 01-75 which adopted the St. Lucie County Housing Assistance Plan for fiscal years 2001/2002, 2002/2003 and 2003/2004 for the State Housing Initiative Partnership program. On April 24, 2001, the Board of County Commissioners approved the first group of 5 year deferred mortgage satisfactions under the St. Lucie County SHIP program. Since the SLC SHIP program is in its fifth year, these satisfaction:"will be occurring on an on going basis. To expedite this process, staff is requesting: (1) that the County Administrator be authorized to execute these satisfactions; and further, (2) that the Board approve the language clarification requested by the funding authority as stated in accordance with Section 420.9072, Florida Statutes, that the County has found that 5% of the local housing distribution plus 5% of program income is insufficient to adequately pay the cost of administering the program. ,/ , . '-' """" RESOLUTION NO. 01-96 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 01-75 TO AMEND THE LOCAL HOUSING ASSISTANCE PLAN FOR ST LUCIE COUNTY, AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM. WHEREAS, on June 15,1993, this Board adopted Ordinance No. 93-017, which established Chapter 1-10.5, Article IV, State Housing Initiatives Partnership of St. Lucie County (SHIP-SLC), of the St. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, on November 14, 2000, this Board adopted Resolution No. 00-269 which provided for the adoption of the amended local housing assistance plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, on March13, 2001, this Board adopted Resolution No. 01-75 which provided for the adoption of the amended local housing assistance plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, in accordance with Ordinance No. 93-017, as amended, and the State Housing Initiatives Partnership Act, Section 420.907, Florida Statutes, this Board must approve, by resolution, any amendment to the Local Housing Assistance Plan which delineates affordable housing strategies and identifies the average and maximum purchase prices for eligible property; and, WHEREAS, this Board is required to adopt the new Local Housing Assistance Plan for St. Lucie County for State of Florida fiscal years 2001-2002, 2002-2003, 2003-2004; and, WHEREAS, the County may move funds between strategies as necessary to maintain compliance with State requirements and/or meet specific community needs; and, WHEREAS, in order to expedite the closing process for approval of SHIP closing cost and down payment assistance mortgages, this Board has determined it is appropriate to increase the SHIP program signing authority for the Community Services Director, flk/a Human Services Manager, up to and including Twenty Five Thousand and no/100 Dollars ($25,000.); and, WHEREAS, in accordance with Section 420.9072, Florida Statutes, the County has found that 5% of the local housing distribution plus 5% of Program Income is insufficient to adequately pay the cost of administering the Program: and, WHEREAS, in order to expedite the process of filing the Satisfaction of Mortgage, this Board has determined it is appropriate to authorize the County Administrator to execute the Satisfaction of Mortgage. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Resolution No. 01-75 is hereby amended by amending the Local Housing Assistance Plan for St. Lucie County, incorporated herein by reference, for State of Florida fiscal years 2001-2002,2002-2003,2003-2004, to add the following provisions: 1. The County Administrator is authorized to execute the Satisfaction of Mortgage for each satisfied SHIP second mortgage. ;/ "" .. '- ....,.¡ After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner John D. Bruhn xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 8th day of May, 2001. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney , ).--' f '- ....,¡ Agenda Request Item Number Date: C9 May 8, 2001 Consent Regular Public Hearing Leg. [ ] [xl [ ] [ ] Quasi-JD [ To: Board of County Commissioners Submitted By: Community Development SUBJECT: Request to approve Budget Amendment 01-146, and· mend equipment r quests EQ- 01-038, EQ-01-041, EQ-01-042, EQ-01-043, and EQ-01-148 BACKGROUND: Attached is a copy of Budget Amendment 01-146. This budget amendment provides for amending equipment requests EQ-01-038, EQ-01-041, EQ-01-042, EQ-01-043, and EQ-01-047. These equipment requests, originally approved as part of the FY- 00101 budget process, need to be revised to account for cost changes between the time they were estimated in March 2000, to what we are actually being quoted as the final price for this equipment. The total amount of funds to be transferred is $705. This transfer does not result in any overall increase in the Department budget. This transfer does not involve the use of any contingency funding. FUNDS AVAILABLE: From: 102-1520-546000-100 102-15101-551501-100 611-5210-531000-500 Equipment Maintenance - Office Office Supplies - Computers Professional Services $255 $100 $350 To: 102-1520-564000-100 102-15101-564000-100 611-5210-564000-500 Machinery & Equipment Machinery & Equipment Machinery & Equipment $255 $100 $350 PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve budget amendment 01-146 and amend equipment requests EQ-Ol-038, EQ-Ol-041, EQ-01-042, EQ-01-043, and EQ-01-147. COMMISSION ACTION: [i] APPROVED D DENIED D OTHER County Attorney Originating Depl.: Finance: Coordination! Signatures Mgl. & Budget: ~ Other: Purchasing: i- Other: ¿¿-:- / (AGEND552) I~AY .4 2001 II" '- """" COMMISSION REVIEW: May 8, 2001 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of County Commissioners FROM: Dennis Murphy, Asst. Community Development Director DATE: May 2, 2001 SUBJECT: Request to approve Budget Amendment 01-146, and amend equipment requests EQ-01-038, EQ-01-041, EQ-01-042, EQ-01-043, and EQ-01-047. Attached is a copy of Budget Amendment 01-146. This budget amendment provides for amending equipment requests EQ-01-038, EQ-01-041, EQ-Q1-042, EQ-01-043, and EQ-01-047. These equipment requests, originally approved as part of the FY-00/01 budget process, need to be revised to account for cost changes between the time they were estimated in March 2000, to what we are actually being quoted as the final price for this equipment. The total amount of funds to be transferred is $705. This transfer does not result in any overall increase in the Department budget. This transfer does not involve the use of any contingency funding. Staff recommends that the Board approve budget amendment 01-146. If you have questions, please let me know. ~ ICP munity Development . County Adminlllratar County Attamey Management & Budget DirBCtor Purcltaaing Director , '-' ..,,¡ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: Community Development 05/02/01 05/08/01 TO: 102-1520-564000-100 Machine $255 102-15101-564000-100 Machine $100 611-5210-564000-500 Machine $350 FROM: 1 02-1520-546000-1 00 E ui men! Maintenance - Office $255 102-15101-551501-100 $100 611-5210-531000-500 Professional Services $350 REASON FOR BUDGET AMENDMENT: CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01-146 DOCUMENT # & INPUT BY: '" en c: W,... zo o~ 006 ~o :E~ :Ec: O<t Ow » I-...J z<t ::JO oen o¡¡: LL.c: 00 eLL. 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() ~ o..()oe .9 ~ c: ~ --;; 0:::- .~ 'S: ~ '0 ... :so a () <I) a <I) ()igaa¡ 5-c:~e: e: ~ ~ 0 .S: -Ci3c 53 c:: ~ ~ E ·9 .... - .g. '5 ç\¡ 0 5 '1:J <::) c:: 0- C13 ,..... :::: () () .e S: ~ ~ a .:5 '2 t: a .~ () ~ r::: ~ g ~, ...... .CI] -.:- a ~ -£ g.... E ........~Q..o o § ~ CD 0 ,.... ~ ~ E ~ () e-a¡ Q ::J ....... 1: ..... 0.. () ::3 .~ () ~ 0 ::J t: .5 M ~ () -£ .... .E I a a .... 6 a ~ tl) , a .... ~ .... .... <0 I 4 ~ a: W m :¡¡: :J Z I- Z :J o () () --=:£ . . r---.. 9 .... a @ # o W a: I- Z W :æ Q. 5 o W " --- To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: 'r 'wi Agenda Request Item Number t..... IDA Date: May 8, 2001 Consent Regular Public Hearing Le [ ] [ x ] [ ] [ ] Quasi-JD [ Board of County Commissioners County Administrator istrator By Port of Fort Pierce: Harbormaster Bond for Walter W. Ergle, Jr. Governor Bush has recently appointed Walter W. Ergle, Jr., to serve as Harbormaster for the Port of Fort Pierce. Mr. Ergle currently serves as the Pilot for the Port of Ft. Pierce. Section 313.01, Florida Statutes allows the Governor to appoint a Harbormaster for a term of two years. In those counties having a population of more than 300,000, according to the last official census, or in counties or municipalities where port authorities have been created by special act or ordinance, the office and position of harbormaster as provided in chapter 313 and chapter 314, Florida statutes has been abolished Since St. Lucie County meets neither of these standards, the Governor is empowered to make this appointment. As part of the appointment process, Section 313.02, Florida Statutes, requires Mr. Ergle to post a bond to the Governor in the amount of five hundred and 00/100 dollars ($500.00). This Bond must be approved by the Board of County Commissioners in the county in which the port is located and the Department of Banking and Finance. Staff recommends the Board approve the bond from Walter W. Ergle, Jr., to guarantee his performance as Harbormaster for the Port of Fort Pierce. COMMISSION ACTION: W APPROVED D DENIED D OTHER County Attorney Originating Dept.: Finance: J;Y Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND551) " .....,,¡ COMMISSION REVIEW: May 8, 2001 MEMORANDUM OFFICE OF COUNTY ADMINISTRATOR FROM: Douglas Anderson TO: Board of County C DATE: May 2, 2001 SUBJECT: Port of Fort Pierce: Harbormaster Bond for Walter W. Ergle, Jr. Governor Bush has recently appointed Walter W. Ergle, Jr., to serve as Harbormaster for the Port of Fort Pierce. Mr. Ergle currently serves as the Pilot for the Port of FI. Pierce. Section 313.01, Florida Statutes allows the Governor to appoint a Harbormaster for a term of two years. In those counties having a population of more than 300,000, according to the last official census, or in counties or municipalities where port authorities have been created by special act or ordinance, the office and position of Harbormaster as provided in chapter 313 and chapter 314, Florida Statutes has been abolished Since SI. Lucie County meets neither of these standards, the Governor is empowered to make this appointment. As part of the appointment process, Section 313.02, Florida Statutes, requires Mr. Ergle to post a bond to the Governor in the amount of five hundred and 00/100 dollars ($500.00). This Bond must be approved by the Board of County Commissioners in the county in which the port is located and the Department of Banking and Finance. The duties of the Harbormaster involve having the master of any vessel arriving at the port, that intends to use the wharfarge at the port, to report to the Harbormaster for a station, or for a berth at the wharves, and the Harbormaster shall regulate and station or assign berths at the wharves to said vessel. The Harbormaster is empowered to remove or cause to be removed, from time to time, all vessels not employed in receiving or discharging their cargos to make room for such others as required to be more immediately accommodating for the purpose of receiving and discharging their cargo, and to facilitate their dispatch. The Harbormasters shall be present at all times, either in person or by deputy, to facilitate by stationing or assigning berths at the wharves to vessels arriving at the port, and to facilitate them in discharging and receiving their cargo and to prevent confusion and delay. Also, the Harbormasters shall have full and absolute power to determine how far and in what instance it is the duty of masters, and others having charge of vessels, to accommodate each other in their respective situations. Staff recommends the Board approve the bond from Walter W. Ergle, Jr., to guarantee his performance as Harbormaster for the Port of Fort Pierce. If you have any questions, please let us know. SUBMITTED: Douglas M. Anderson County Administrator DMAJdjm pcrt1(h) cc: County Attorney Public Works Director Community Deveklpmenl Direclor ,,;', \w NO. 462 P.2 ~.3Ø.20Øl 1l:03RM , . ....", J I~II UllSII (;nVI:ltNOlt OF TilE STATE Of' FI.()/l!I>i\ April 4, 2001 Mr. Walter W. Ergle, Jr. 7100 Georges Road Fort Pierce, Florida 34951 Dear Mr. Ergle: Based upon your qualifications and interest in serving the people at Florida, I am pleased to appoint you as Harbor Master for Port of Fort Þierce, Saint Lucie County. You will soon receive your qualifying papers from the Department of State. These papers, excluding Form 1, must be filed with the Secretary of State, Room 1802, The Capitol, Tallahassee, Florida 32399. - Section 112.3145, Florida Statutes, requires you to file financial disclosure Form 1 with the Supervisor of Elections in the oounty in which you permanently reside. Any inquiries may be directed to the Appointments Office at 850/466-2183. All qualifying papers and financial disclosure ferms mUst be filed within 30 days of your appointment. Congratulations, and! wish you the best in your new endeavor. JB/omk "" ;'i,' .,.1.'.; ","":, ~ :'- ~tf' ~ ", , " : ~ ":'. ':"'{,,.:' !;r: , . ;~,'.. ",I', -"!~"':. ;i-,·~J.:.. ...:.t;04~~ '. . I ~ .. J!.. .. . , .' -"""~':-';I1iùI,1" ,; :-0. ·ut.. J(,. ";,,,rllr ',f. ~.~ . 1---1, .' ': ~::-:-;;".:..- -~-?-f:"'~-;~F:~' :';'Y;~çr'T-1'n~-' , .....:. .. ,.' " H....K.,:jIeJ.<::IeJIeJJ. J.l:I:J<:::H¡'¡ ,uit.:&.; III tile .~'\"H1111)' ()01c-err(llIlqnatiomal H.CI:U.illll:o> ... UivÎÂanarrncéUon, ~ iii' ¡'1M o('\JtponI\io... 1J1"¡"""~'t:.11.",1^"1I,... I>lris/<... nl'I1Í1"'ñcal a.,.'oUt«, f)i,-iJiM øfl.ihftny -'ßI,I h,('on111.Iio" Service« '>;"ifli«p ørttcawn¡ Ui\'IJft'" (1r ^dnlÌailtnuiva 5crvicC'~ DIVISION OF ELECTIONS MEMORANDUM . Ii\) . 4b¿·It~ i'îJ"' . 1 ,Ü:Ãiiil'irn' 5'"to O"".,¡ ofOduçol!Gu Trustces of lilt' 1... ~ hflJ'l'Owmcnt 11111( fJurld ~!1"'il""«a. CO""",,,¡.. r'1ariCfllamlo,,4 WAter ^c(JudfCll'køy Camm¡"rOII Silll 110>111 Oiyioia. a(Oond FIoo'lCf11ll D<ponmanlor Lnw Eorfnrcen..." DcpartulCul orlTillhw'Ir s..r\"'Y find Motor VullH;la '''-l''''"",.'arv"",,,,,,, AIT.I.. ~ ,"A\ ~¢~. Ie>. \Y\ ~ r- I ~(,,\\ ~' )--~~ FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State To: Mr. Walter W. Ergle, Jr. 7100 Georges Road Fort Pierce, FL 34951 From: Commission Issuance Section D~~: April 10.2001 We have received notification of your appointment as Harbor Master for the Port of Fort Pierce, Saint Lucie COUIlty. If you accept this office, please complete the documents necessary for issuance of your commission or certificate and return to tIùs office the following items: - Oath of Office and Letter of Acceptance (Form DS-DE 56) - Bond in the amount of $500 for a tenn ending 4/4103 approved by the County Commissioner$ and tile Sccretaty of State - FinlUlcial Disclosure Fonn 1 (filed with the local Supervisor dfElections) - Questionnaire (Originally Executed)was received but had beeù executed over 6 months ago. Please update this infonnation and return the origmal questionaire to us. Please note that Scction 114.01 (l)(h), Florida Statutes, provides that a vacancy shall Occur if you fail to qualify within 30 days of tile beginning date of the term of office indicated. According to the Letter of Appointment ftom the Governor, your tcnn of office begins on April 5,2001. If you have any questions, Or if we may be of assistance to you, pleaSe contact this office at (850) 413-9736. Enclosures ~~~~b I gø-t.l (0 The Capito] · Roonl1802 . TaJla!Ja.¡see., Florida 32399-0250 . (850) 413-9736 or (850) 413.9743 FAX: (8S0) 414-6448 . WWW Addre$~: http://www.dos.state.f1.us . B-Mail: eleclion@mail.doutate.f1.us .~~. . ',¡.;~~ ~ ~rl - , '1: ::i 1""1 . "l.. :,,',1.,'., ': '(.' ,:.-1,-, Ma~ , ~ 02 01 11:27a Carol~n Greenou~h '-" . State of Florida Seuetary of State Di\1tiq of ElectloJl. R.aom I iOZ, 1be OIpitol T"I.~.~ PJoåda 32'Ø-02SO Pubnc Official Bond 1-321-95"'-3325 '...I p. 1 Bond No POB30l0042-00 County of St. Lucie KNOW ALI..MRN'BYTHBSBPR.8SENTs. That we, Walter W. Ergle, ~~~ asPrinc:ipa1.-nd Fidelity & Deposit Company at Maryland IS SJJniIIy.. 2ft: bound UII.tio" GoYGI!I« oftbe ~ ofF1oricM. __ his :successors irI a1fiee. in the sum oU 500. 00 nvn.n. we bcIroby búid 0IIt'Ielws 8Dd each of ourhcíB. exewtocs. ~ ~ -AIIipa,jaiatbr _--»,y. Jr. nŒ CONDlTtON OF THIS OBLIGAn<>N IS SUCH. TIIIf,. wheIeu, sOlÎd cdJÏlõÏa1 ~ele." _ appeiJIW _ Harbor Mo.sterPort Ft. ,Pierce to hold this o1riœ (}Ww -rt:!rJicd foratambag;itmft>.. 5-1-01 andfIIIItiDg 4~4-03 ~dumi1 hist1J.. S1.U:ce9Sø{ is. qlWüied aacurdiDs to Ibe CaastitutiI1l.l md IAws of !he SIIIb! of Flaridt. NOW, T.HE:R.1!FOB.E.U~~ü.1tAida1bIl1 t-1\nw!be \tIIri~ ot~ofJiç. as pxovided 'by law, tb¡¡o obligaüL!II is "oid. . Sill*! 0IQcI Sc:a1c:d dûI X íAJ4~¿J'§¡f;ßL- ~"l!,IWIf Wal r E:.I;gle, J:r. "'01 ~~ -" j¡6 <DOL Fidelity POBox 1227, ~altimore,MD21203 . ~~Md.~~ .. ( -,' '-.. ... {SMl.} . -. , -. Iht~ is ~y~ Ibi5 Sô__,. ÞJ/ .1 ,~ ~tilby: J btHut._ (IIHZJlltO " '- ""'" ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff·Barnes District 5 AGENDA May 8, 2001 1. MINUTES Approve the minutes of the meeting held April 24,2001. OfproJ¿d1 2. GENERAl PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 30 and ~ 2. PUBLIC WORKS ~ A Engineering / Contract Amendment - Consider staff recommendation to approve Amendment NO.1 to Work Authorization NO.2 (C-00-12-181) with Taylor Engineering, Inc. and authorize the Chairman to execute the amendment. B. Engineering / South County Post-Storm Beach Condition Study - Consider staff recommendation to approve Project Agreement (01SLl) with FDEP, Budget Resolution No. 01-03, Work Authorization No. 1 with Coastal Planning & Engineering, Inc. and authorize the Chairman to s,ign all documents. 4 10fo 0 n ~c\T[lnsR-rl æYLMJo~CVô NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an 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 (561) 462- 1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. , .... ,.., EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 24, 2001 Tape: 2 Convened: 11:16 a.m. Adjourned: 11: 16 a.m. Commissioners Present: Chairman, Cliff Bames, Frannie Hutchinson, Doug Coward, John D. Bruhn, Paula A. Lewis Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Schewchuk, Community Development Director, Bill B1azak, Utilities Director, Deputy Nickel, A. Millie Delgado, Deputy Clerk f 1. MINUTES (2-1579) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held March 27,2001; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC CO~NTS ,None 3. CONSENT AGENDA (2-1581) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. A. Engineering/Geotubes Contract- The District approved the Release of Retainage in the amount of$11,176.65 change order no. 1 in the amount of$5,349.50 and final payment in the amount of $38,233.45 to Underwater Engineering Services, Inc. B. Engineering/Fort Pierce Beach Restoration Project (98SL1)- The District approved Amendment No.2 and authorized the Chairman to sign the amended agreement. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of Circuit Court "'" '-' ...." ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA May 8,2001 1. MINUTES Approve the minutes of the meeting held April 24,2001. 2. GENERAl PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 30 and No. 31 2. PUBLIC WORKS A. Engineering / Contract Amendment - Consider staff recommendation to approve Amendment NO.1 to Work Authorization NO.2 (C-00-12-181) with Taylor Engineering, Inc. and authorize the Chairman to execute the amendment. B. Engineering / South County Post-Storm Beach Condition Study - Consider staff recommendation to approve Project Agreement (OISLl) with FDEP, Budget Resolution No. 01-03, Work Authorization NO.1 with Coastal Planning & Engineering, Inc. and authorize the Chairman to sign all documents. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon tbe request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an 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 Sef';ices Manager at (561) 462- 1777 or TDD (561) 462-1428 at least forty-cight(48) hours prior to the meeting. c*' 04/27/01 F71'<BWARR FUND 184 TITLE '-" ~ ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #30- 21-APR-2001 TO 27-APR-2001 FUND SUMMARY- EROSION EXPENSES Erosion Control Operating Fund ..... .. 2,956.81 GRAND TOTAL: 2,956.81 PAGE 1 PAYROLL 2,318.77 2,318.77 4 è 1 . ". T" A Y L O\.,K G L N E E R N April 25, 2001 N .J N E Mr. Richard Bouchard, P.E. St. Lucie County Engineering Division 2300 VirGinia Ave. 2nd Floor AnncK, Room 229 Ft. Pierce, FL 34982-5652 Re: St. Lucie County Beach Monitoring 2001-2001 Dear Mr. Bouchard, I have attached the revised scope of services and cost proposal for the above-referenced project. The revisions are the outcome ofthe April 23, 2001 teleconference with you and FDEP Office of Beaches and Coastal Systems staff. The primary change is the elimination of the analytical modeling of beach fill evolution subtask intended to estimate inlet and dispel'$ion effects in 2001. We will perf ann this subtask in 2002 only. Detailed changes are as follows: · · - - - · - - - · · · Task I - We have increased Vice President time from 0.125 to 0.5 man-clays to include all coordination activities with our beach and borrow site survey subconsu1tant. · Task 2 - We have decreased Director time from 9 to 7.5 man-days, Staff Professional time from 2] to 18 man-days, Senior Tech time from 9 to 6 man-days, and Staff Tech time from 9 to 6 man- days. These changes reflect our elimination of the analytical modeling of shoreline response to the inlet and beach fill subtask. Task 3 - We have increased Vice President time from 0.125 to 0.5 man-days to include all coordination activities with our tunle survey subconsultant. Task 4 - We have decreased Dr. Taylor's rime from 4.5 to 4 man-days, Vice-President time from 3.5 to 0.5 man-days, and Director time from 6.25 to 5.75 man-days. These changes reflect decreased agency and client coordination time and elimination of subconsultant coordination time. Task S - We have increased Vice President time from 0.]25 to 0.5 man-days to include all coordination activities with our beach and borrow site survey subconsultant. Task 6 - We have decreased Senior Tech time from 5 to 4 man-days, and Staff Tech time from 5 10 4 man-days. Task 8 - We have decreased Dr. Taylor's time from 45 to 4 man-days, Vice-President time from 3.125 to 0.5 man-days, and DireCTor time from 6.75 to 6.25 man-days. These changes reflect decreased agency and client coordination time and elimination of subconsultant coordination time. Our revised fee to perform this project is $157,410.50. We will perfonn the scope of services outlined in Exhibit A for a fixed price ofSI57,410.50. The cost breakdown by task is presented in Exhibit B. Please fee I free to contact me in case of questions or comments. YLßv- R. Bruce Taylor, Ph.D., P.E. President :blw cc: Robert Brantley 9000 CYPRESS CREEN DR ~VIT~ 200 J^CKSONVlllE Fl ]~2S' -rEL 904 7317040 FAX 904 7}1 9947 -~~,,,-, " '-" COO"""¿ 81 (W A""'lf!, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO.2 Engineering Services Related to Beach & Inlet Monitoring Work Authorization No.2 between St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant"), for Beach & Inlet Monitoring Services, dated February 13, 2001 (the "Agreement"), is hereby amended to decrease the amount of the compensation to be paid to the Consultant to a total not to exceed One Hundred Fifty-Seven Thousand, Four Hundred Ten Dollars, and Fifty Cents ($157,410.50). The Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been amended and attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. All other terms and conditions of Work Authorization No.2 (C-00-12-181) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No.2 (C-00-12-181) to be executed and delivered on the dates below. WITNESSES: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Date: H:/WP/MISCffA YLOR.WA '" \w ....I EXHIBIT A Scope of Senlces St. Lucie COUDty Beach MODitoring 1001-2002 Taylor Engineering (with its subcontractors) will perform beach monitoring, data analyses, and annual report preparation required by Florida Department ofEnvironmental Protection pennits No. 0126215- 00l-JC (Fort Pierce 1.3 mile beach renourisbment project) and No. 56-2855739 (Spur Jetty). Task 1. Data AcquiaitioD - 2001 Taylor Engineering will engage Morgan &. EkJund,lnc. to perform beach and Capron shoal surveys. We will obtain beach monitoring surveys at each FDEP monument from R·34 to R46 extending from the FDEP monument to 3,000 ft offshore of the monument. We will obtain similar profi1e!l at 200 ft interVals from the jetty to R-35 and three shore parallel profiles required for monitoring spur jetty peñonnance. We will also obtain five profiles at R-47- R-51 for use in design and peñonnance analyses of the on~mile beach nourislunent extension. Task Z. Beach and Shoal Data AD.lyses - 2001 Taylor Engineering will review and analyze the data collected durin!: Task 1. This includes characterization of2001 beach profiles; evaluation oftemporal changes in beach profiles, shorelines, and volumes to assess project perfonnance; documentation of stonn impacts; development of beach sediment transport pathways and magnitudes; characterization of2001 Capron shoal bathymetJy; and evaluation of post-project changes in Capron shoal bathymetry. Analytical modeling of beach fill evolution to separate dispersion and inlet effects will not be peñonned. Task 3. Mariøe TurtJe Monitoring - 2001 Taylor Engineering will engage Ecological Associates, Inc. to perl'orm compaction monitoring, daily nest monitoring and monthly scarp monitoring from FDEP monuments R-34 to R·4 J . Compaction and pre- season scarp monitoring will be perfonned before March 1. Nest and scarp monitoring will be conducted from March I to October 3 J. The nesting data will be tabulated and summarÏ2ed. Tunic reproductive success will be estimated using data from representative marked nests. . .. Task 4. Report and Agency Coordination -ZOOI Upon completion of the annual monitoring activities, Taylor Engineering will prepare and submit the required monitoring repons to the FDEP. This task also provides for coordination with the COImty, the FDEP, the Corps of Engineers, and other regulatory agencies regarding the monitoring and reporting activities. Task S. Data AcquisitioD -1001 Taylor Engineering will engage Morgan & Eklund, Inc. to perfonn beach surveys. We will obtain beach monitoring surveys at each FDEP monument from R-34 to R-46 extending from the FDEP monument to 3,000 ft offshore of the monumeDL We will obtain similar profiles at 200 it intervals from the jetty to R35 and three shore parallel profiles required for monitoring spur jetty perfonnance. We'will also obtain five profiles at R-47 - R-51 for use in perfonnance analyses oftbe one-mile beach nourishment extension. lofl ;' '-" ...I Task 6. Beach Data Analyses .1001 Taylor Engineering will review and analyze the beach profile data collected during Task S. This includes characterization of2002 beach profiles; evaluation of temporal changes in be~h profiles, shorelines, and volwnes to assess project perfonnance; documentation of'stonn impacts; developsn,ent of beach sediment transport pathways and magnitudes; and analytical modeling of beach fill evolution to doewnent dispersion and inlet effects. Task 7. Marine Turtle Monitoring -1002 Taylor Engineering will engage Ecological Associates, Inc. to porfonn compaction and scarp monitoring from FDEP monwnents R·34 to R-41. Monthly scarp monitoring will be conducted from March tllrough October. Compaction monitoring will be performed one time prior to the beginning of the turtle nesting season. " Task 8. Repor1 and Agency Coordination - 2001 Upon completion of the annual monitoring activities, Taylor Engineering will prepare and submit the required monitoring reportS to the FDEP. This task also provides for coordination with the County, the FDEP, the Corps of Engineers, and other regulatory agencies regarding the monitoring and reporting activities. ", ;. 20f2 " '-' ....,¡ Exhibit B Work Compensation Sheet St. Lucie County Beach Monitoring 2001 - 2002 TASK 1: Data Acquisition - 2001 Labor Days Cost Task Totals Vice President 0.500 480.00 Director 1.000 736.00 Administrative 0.500 200.00 Tota! Man-Days 2.000 Labor Cost 1,416.00 Non-Labor Units Cost Beach Monitoring SUrvey 1.0 5,525.00 Spur Jetty Monitoring Survey 1.0 4,575.00 Capron Shoal survey 1.0 5,432.50 Beach Extension Survey 1.0 2,125.00 Computer Hours 4.0 24.00 Total Non-Labor Cost 17,681.50 Total Task 1 19,097.50 TASK 2: Beach & Shoal Data Analyses - 2001 Labor Days Cost ;fask Totals R. Bruce Taylor, Ph.D. 1.500 2,280.00 Director 7.500 5,520.00 Staff Profe:>sional 18.000 9,380.00 Senior Technician 6.000 3,072.00 Staff Tecnnician 6.000 1,728.00 Administrative 2.000 800.00 Total Man-Days 41.000 Labor Cost 22,760.00 Non-Labor Units Cost Computer Hours 300.0 1.800.00 Total Non-labor Cost 1,800.00 Total Task 2 --. 24,560.00 ¡ Page 1 of 4 'ì '-" ..,,¡ st. Lucie County Beach Monitoring 2001 . 2002 TASK 3: Turtle Monitoring - 2001 Labor Days Cost Task Totals Vice President 0500 480.00 Director 1.000 736.00 Staff professional 5.000 2,600.00 Administrative 1.000 400.00 Total Man-Days 7.500 Labor Cost 4,216.00 Non-Labor Units Cost Turtle Monitoring 1.0 34,065.00 Computer Hour.> 4.0 24.00 Total Non-Labor Cost 34,089.00 Total Task 3 38,305.0 TASK 4: Report & Agency Coordination - 2001 Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 4.000 6,080.00 Vice President 0.500 480.00 Director 5.750 4.232.00 Staff Professional 6.000 3,120.00 Senior Editor 1.000 552.00 Senior Technician 2.000 1,024.00 Staff Teçhnician . 3.000 864.00 Administrative 3.250 1,300.00 Total Man-Days 25.500 Labor Cost 17.652.00 Non-Labor Units Cost Computer Hours 80.0 480.00 Total Non-Labor CoBt 480.00 Total Task 4 $ 18.132.00 2001 Total: $ 100,094.50 Page 2 of 4 ..., -""'i ...¡ St. Lucie County Beach MQnltorlng 2001 . 2002 TASK 5: Data Acquisition - 2002 Labor Days Cost Task Totals Vice President 0.500 480.00 Director 1.000 736.00 Administtative 0.500 200.00 T ctal Man-Days 2.000 Labor Cost 1,416.00 Non-Labor Units COst Beach Monitoring Survey 1.0 5,525.00 spur Jetty Monitoring Survey 1.0 4.575.00 Beach Extension Survey 1.0 2,125.00 Computer Hours 4.0 24.00 Total Non-Labor Cost 12,249.00 To/al Task 5 S 13,665.00 TASK 6: Beach Data Analyses - 2002 Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 1.000 1,520.00 Director 6.000 4,416.00 Staff Professional 15.000 7.800.00 Senior Tecnnician 4.000 2,048.00 Staff Technician 4.000 1.152.00 Administrative 1.000 400.00 Tota! Man-Days 31.000 LaDOr Cost 17,336.00 Non-Labor Units Cost Computer Hours 300.0 1,900.00 Total Non-Labor Cost 1.800.00 Total TasK 6 $ 19,136.00 , Page 3 of4 ~ ...,J " St. Lucie County Beach Monitoring 2001 - 2002 TASK 7: Turtle Monitoring - 2002 Labor Days Cost Task Totals Vice President 0.125 120_00 Director 1_000 736.00 Staff Professional 3.000 1,560.00 Aaministrative 0.750 300.00 Total Man-Days 4.875 labor Cost 2.716.00 Non-Labor Units Cost compaction/Scarp Monitoring 1.0 3,325.00 Computer Hours 4.0 24.00 Total Non-Labor Coat 3,349.00 Tota/ Task 7 $ 6.065.00 TASK 8: Report & Agency Coordination - 2002 LaÞor Days Cost Task Totals R. Bruce Taylor, Ph.D. 4.000 6,080.00 Vice President 0.500 480.00 Director 6.250 4,600_00 Staff Professional 6.000 3.120.00 Senior Editor 1.000 552.00 Senior Technician 2.000 1,024.00 Staff Technician 3.000 864.00 Administrative 3.125 1,250.00 Total Man-Days 25.875 Labor COst 17,970.00 Non-Labor Units COst Computer Hours 80.0 480.00 Total Non-Labor Cost 480.00 Total Task 8 $ 18,450.00 2002 Total: $ 57,316.00 Project Total $.157,410.50 Page 4 of 4 ~ ""'. ,.",., AGENDA REQUEST ITEM NO. C-2B DA TE: May 8, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: ß(),{\&~,uJ~ ~ (Donald B. West, P.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: South County Post-Storm Beach Condition Study; approval of 1) Project Agreement with FDEP allocating $39,985 in state funds, 2) Budget Resolution No. 01-003, and 3) Work Authorization ($79,970) with Coastal Planning & Engineering, Inc. (CPE) to perform the Study. BACKGROUND: Protection of the upland development along the southern most shoreline (approx. 4 miles) of St. Lucie County is becoming critical due to the continuing erosion. Beach erosion has been exasperated by the high frequency of storms along the Atlantic coastline. The erosional impacts due to the inlet may also have some far reaching effects in this area. The President's Council of Hutchinson Island has solicited assistance from the County in seeking a critically eroded designation from the State (FDEP). As a result of two separate requests from the County, FDEP has agreed to cost share (50%) in a Post-Storm Beach Condition Study of the South County, commencing at the City of Fort Pierce limits (Ocean Village) south to the Martin County Line. Project Agreement No. 01 SL 1 with FDEP allocates state funds of $39,985 for this Study. The scope of work for this Study was developed by FDEP, the County, and CPE and is incorporated in Work Authorization NO.1 ($79,970). The primary elements of the scope include: 1) past and current erosion conditions; 2) changing or accelerating erosion trends, including the historical impact of Ft. Pierce Inlet; 3) Future threats to existing development; and 4) short and long-term solutions, including dune restoration and beach restoration, to mitigate the erosion. FUNDS: Funds will be made available in Account No. 184204-3710-563005-36203; FDEP South County Post Storm Beach Condition Study. Budget Resolution No. 01-03 allows for the appropriation and expenditure offunds. PREVIOUS ACTION: December 12, 2000: Board approved master consultant's agreement with Coastal Planning & Engineering, Inc. RECOMMENDATION: South County Post-Storm Beach Condition Study---Staff recommends Erosion District Board approval of 1) Project Agreement (01SL1) with FDEP, 2) Budget Resolution No. 01-03, and 3) Work Authorization No. 1 with CPE; and authorize the Chairman to sign said documents. COMMISSION ACTION: [x] APPROVED [ ] OTHER: [ ] DENIED [x]County Attorney [x]Originating Dept. Public Works -t....?-,) ~ Coordination/S i~ natures [x]Mgt. & Budget ~ -111l1\ q [x]Co. Eng f2M,t-1\t\· [x]BudgetlRevenue Coord. BPrt\ [x]Finance Dep~ f ~ ...., DEP Contract No. 01SL1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM Project Agreement THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and ST. LUCIE COUNTY (hereinafter referred to as the "LOCAL SPONSOR") for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Chapter 161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Erosion Control Program; and ~ ~ WHEREAS, the LOCAL SPONSOR has the capabilities of performing the tasks associated with the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the South County Post-Storm Beach Condition Study, (hereafter referred to as the PROJECT), as defined in Attachment "A", "Scope of Work", attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 3. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 4. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of an erosion study of the 13.1 mile segment of shoreline between DEP Monument R46 and Rl15. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified below. Written authorization to initiate each item must be obtained from the DEPARTMENT prior to the initiation of said item. 5. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are: Task # Eligible PROJECT Items ESTIMATED PROJECT COSTS Federal State Local Total 1.0 Erosion Study $-0- $39,985 $39,985 $79,t70 TOTAL $ 0 $39,985 $39,985 $79,970 6. The DEPARTMENT has determined that 100 percent of the PROJECT length is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $39,985 for this PROJECT or up to 50 percent of the non-federal PROJECT cost for the specific eligible PROJECT items listed above, whichever is less. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROJECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated PROJECT costs shall be provided through amendments to this Agreement. DEP Project Agreement No. 01SL1, Page 1 of 6 , / '-' ....,I 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Funding for this PROJECT is subject to the release of funds appropriated to the DEPARTMENT for the fiscal year 2000- 2001. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 8. THIS PARAGRAPH INTENTIONALLY LEFT BLANK. ~ 9. THIS PARAGRAPH INTENTIONALLY LEFT BLANK. , 10. As consideration for the eligible work performed by the LOCAL SPONSOR, not cost shared by the Federal government, under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for contractual services rendered: The LOCAL SPONSOR will submit a request for reimbursement of funds on such forms as attached hereto in Attachment "C", "Payment Request Forms", not more frequently than quarterly. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Administrator and the LOCAL SPONSOR'S Project Financial Officer and submitted to the DEPARTMENT as a payment request. The DEPARTMENT'S Contract Manager has 30 days after receipt of the billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. All reimbursement requests shall be submitted in sufficient detail for a proper pre-audit and post-audit review. Reimbursement requests for payment to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the LOCAL SPONSOR. 1 1 « 11. Pursuant to Section 215.422, Florida Statutes, for work not cost shared by the Federal government, the DEPARTMENT'S Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEPARTMENT must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a LOCAL SPONSOR for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a LOCAL SPONSOR is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. . 12. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the LOCAL SPONSOR, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a LOCAL SPONSOR requests payment. The interest rate established pursuant to Section 55.03(1) Florida Statutes, may be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT'S Contracts Section at 850/922-5942 13. The LOCAL SPONSOR shall submit to the DEPARTMENT quarterly progress and financial reports for the duration of this Agreement. Reports shall be submitted on such forms as attached hereto in Attachment "D", "Quarterly Progress Report" and "Quarterly Financial Report", no later than January 15, April 15, July 15, and October 15, of each year in which the project is underway. Progress reports shall describe the work performed since the last report and the percent completion of the task. Financial reports shall be consistent with progress reports. 14. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEP Project Agreement No. 0ISLl, Page 2 of 6 '-" ...", DEPARTMENT a certification of completion, attached hereto as Attachment "E", "Project Completion Certification". A final PROJECT certification inspection will be made by the DEPARTMENT within 60 days after the PROJECT is certified complete by the LOCAL SPONSOR. 15. This Agreement shall begin on the last date executed and end on May 30, 2002. Pursuant to Section 161.101 (15), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 2000, shall be eligible for cost sharing by the DEPARTMENT. 16. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. I 17. The LOCAL SPONSOR shall have in place quality assurance procedures that insure that proper quality control measures are incorporated into all work performed under the terms of this Agreement. 1 J 18. The provisions of Chapter 62B-36, Florida Administrative Code, entitled Florida Beach Erosion Control Assistance Program, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The DEPARTMENT's Project Manager for all technical matters is Russell Snyder, Phone: 850/487-1262, extension 170, and the Department's Contract Manager for all administrative matters is C. Tony Tucker, Phone: 850/487-1262, extension 192, or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 1 . 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. I 21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 22. Any and all notices shall be delivered to the parties at the following addresses: . DEP Project Agreement No. 01SL1, Page 3 of 6 f' '-" ....; LOCAL SPONSOR Richard Bouchard Public Works Department 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Telephone 561/462-1710 DEPARTMENT C. Tony Tucker, Contract Manager Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 487-1262 23. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in conjunction with this Agreement. 24. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 25. In addition to the requirements of Paragraph 24 of this Agreement, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment "F", Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit "1" summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment "F". A revised copy of Exhibit "1" must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit "1", the LOCAL SPONSOR shall notify the DEPARTMENT's Contract Manager to request a copy of the updated information. 26. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 30. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 31. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 32. No person, on the grounds of race, creed, color, national origin, age, sex, or DEP Project Agreement No. 0ISLl, Page 4 of 6 / \r ..", disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 33. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 34. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Contract Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 35. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 36. The purchase of non-expendable equipment costing $500 or more is not authorized under the terms and conditions of this Agreement. t 37. The DEPARTMENT may at any time, by written order designated to be a change , order, make any change in the work within the general scope of this Agreement (e.g., f specifications, time, method or manner of performance, requirements, etc.). All change I orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 38. A person or affiliate who has been placed on the convicted vendor list I following a conviction for a public entity crime may not perform work as a grantee, ~ contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 39. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DEP Project Agreement No. 01SL1, Page 5 of 6 .' '-'" ...." IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Secretary or designee *Commission Chair Date: Date: DEP Contract Manager APPROVED AS TO FORM AND LEGALITY: DEP Attorney *If someone other than the Commission Chair signs the project agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the County must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Type Letter! Number Description (include number of pages) Attachment Attachment Attachment Attachment Attachment Attachment A B C D E F Scope of Work (1 page) Intentionally Left Blank(l page) Payment Request Forms (2 pages) Progress and Financial Reporting Forms (2 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Project Agreement No. 01SL1, Page 6 of 6 " '--' ....., ATTACHMENT A SCOPE OF WORK ST. LUCIE COUNTY SOUTH COUNTY POST-STORM BEACH CONDITION STUDY The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement and all applicable DEP permits. The PROJECT consists of a beach erosion study of the 13.1 mile segment of shoreline between DEP Monument R46 and Rl15. The study will evaluate the level of current coastal erosion, identify threats to existing development, develop short-term and long-term protection alternatives, and consider environmental impact issues. A. Study Conduct studies necessary to evaluate the level of coastal erosion and analyze short and long-term erosion control measures which could be used along the south county coastline and the extent of improvements necessary to accomplish the goals of the PROJECT. Investigations shall include, but may not be limited to, the following: hydrodynamic modeling; surveying and mapping; coastal engineering analysis; economic studies; environmental analysis; real estate studies; and plan formulation. Project Deliverables A. Reports - Unless otherwise noted above, five copies of all written reports developed under this Agreement shall be forwarded to the Department upon completion of the project. B. Additional Data - Two sets of all data (i.e., aerial photography, survey data, etc.) developed as a result of this Agreement shall be provided to the Department upon completion of the project. C. Schedules- Project schedules shall be submitted concurrently with quarterly progress reports and shall be provided in .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. D. A copy of the Bids and construction contract, including a detailed scope of work, shall be submitted to the DEPART.MENT prior to initiation of any task. Data Development All data developed as a result of this Agreement shall be developed in accordance with standard formats acceptable to the Department. Survey work to be performed shall meet the minimum technical standards for surveys in accordance with Chapter 6IG-17, Florida Administrative Code. All monumentation set or points of origin established shall be based upon those control markers designated on the most recently recorded legal description of the Coastal Construction Control Line, except that any First or Second Order federal or state horizontal control marker may be used to establish or confirm position and direction and any First, Second, or Third Order federal or state vertical control marker shall be used to establish or confirm elevation. G.P.S., Traverse, and Level Loop information shall be adjusted by Compass, Crandell, or Least Square Method. Detailed field notes and computation records shall be kept of the survey and copies shall be made available to the Department upon request. Abstracts of all monumentation or points of origin shall be submitted in digital form and contain at a minimum all field requirements for the Department's Monument Information Tracking System. All profile data shall be submitted in digital form and conform to the standard formats acceptable to the Department. All information submitted shall also be in electronic format, and shall be based on the 1983/1990 North American Datum and State Plane Coordinate system. This information shall be submitted in a .DXF format. Attachment A, DEP Project Agreement No. OISLI, Page I of 1 \..r '...I ATTACHMENT B FUNDING ELIGIBILITY REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ~ I f I Attachment B, DEP Project Agreement No. OlSLl, Page 1 of 1 j1 ~ ....I ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART I Name of Project: South County Post-Storm Beach Condition Study Grantee: St. Lucie County DEP Contract Number: 01SL1 Billing Number: Billing Period: Costs Incurred This Payment Request Total Cost State Share Local Share Contractual Cost Summary State Funds Obligated $39,985 Local Funds Obligated $ 39,985 Less Previous Payment Less Previous Credits Less This Payment Less This Credit Less Retainage (10%) Less Previous Retained State Funds Remaining Local Funds Remaining Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal System's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Attachment C, DEP Project Agreement No. 01SL1, Page 1 of 2 ~ '-' ....,¡ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART II Name of Project: South County Post-Storm Beach Condition Study Grantee: St. Lucie County DEP Contract Number: OlSLl Billing Number: Billing Period: Summary of Invoices Date of Invoice Amount of Invoice Number Invoice Task # Name of Vendor Check Number Amount Paid Vendor $ TOTAL $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto and are maintained as required to support the cost reported above and are available for audit upon request. Name of Proj. Administrator Signature of Project Administrator Date Name of Proj. Financial Officer Signature of Project Financial Officer Date Attachment C, DEP Project Agreement No. OlSLl, Page 2 of 2 '-' ...." ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY PROGRESS REPORT Name of Project: South County Post-Storm Beach Condition Study Grantee: St. Lucie County DEP Contract Number: OlSLl Quarterly Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) A. EROSION STUDY Attachment D, DEP Project Agreement No. OlSLl, Page 1 of 2 " , ~ >wi FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY FINANCIAL REPORT Name of Project: South County Post-Storm Beach Condition Study Grantee: St. Lucie County DEP Contract Number: OlSLl Quarterly Report Period: Project Expenditures Eligible Project Items Costs Incurred This Quarter Costs Incurred to Date Total Funds Obligated Erosion Study $ $ $79,970 TOTAL $79,'70 Attachment D, DEP Project Agreement No. 01SL1, Page 2 of 2 '- ...", ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: South County Post-Storm Beach Condition Study 1 Grantee: St. Lucie County DEP Contract Number: OlSLl I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of . Environmental Protection and grantee, and all funds expended for the project were expended , pursuant to the Project Agreement. Name of Project Administrator Signature of Project Administrator Date J t Attachment E, DEP Project Agreement No. OlSLl, Page 1 of 1 ~ ~ .."" ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Departmen t", "DEP", "FDEP" or "Gran tor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 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 F-l to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 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 $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. Attachment F, DEP Project Agreement No. 01SL1, Page 1 of 5 .II ~ ....., PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1), Florida Statutes. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities) . 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office of Planning and Budget located at http://www.eoq.state.fl.us/ for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://www.leq.state.fl.us/, Governor's Website hLtp://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7) (m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Boulevard, MS*300 Tallahassee, Florida 32399-3000 Attachment F, DEP Project Agreement No. 0ISLl, Page 2 of 5 '* \.,..t ...., Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d) (1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Boulevard, MS#300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Boulevard, MS#300 Tallahassee, Florida 32399-3000 Attachment F, DEP Project Agreement No. 0ISLl, Page 3 of 5 \.,...; "-' Audi t Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building III West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Boulevard, MS#300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 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'H -rl ...¡J -rl W U -I-' W +-' rt1 ¡::~-I-'H QJ ..c:.¡J 1J u~¡:: -rl-rl 0 .¡J~U ew<1; m()UJ QJ H eÞ-<..c: O1OU.¡J oo~ '-' ¡:: 0.'H () ·rl o U ..c: ¡::1J.¡J U Ü'rt1 QJ U mO.¡J1Jm (lJrl w ;:J H m -c- rl -I-' '-'-I-'W U ¡:: o m w ¡::: 0 µ, u ~ .c- u '-' ....,J RESOLUTION 01-03 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds have become available from Florida Department of Environmental Protection in the amount of $39,985 for the South County Post-Storm Beach Study. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 8th day of May, 2001 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the Erosion District's budget is hereby amended as follows: REVENUES 184204-3710-334391-36203 Dept. of Environmental Prot-Physical $39,985 APPROPRIA TIONS 184204-3710-563005-36203 Imp. OIT Bldg-Engineering $39,985 After motion and second the vote on this resolution was as follows: Chairman Clifford Barnes Vice Chairperson Paula A. Lewis Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8TH DAY OF MAY, 2001. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY E:\ WP\ WPMISCIO I-03Erosn. wpd '-" . iCOO-12-173 ........(WA #1) WORK AUTHORIZATION Engineering Services Related to South County Post-Stonn Beach Condition Study Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Coastal Planning & Engineering, Inc. (the "Consultant") dated December 12, 2000 (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 itS Exhibits "A", "B", and "C" , respectively. The District àgrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. WITNESSES: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BY: ~II.~ Print Name: THoµ, AS CAlvfPB£u Title: f¡¿€S/Þ£NT Date: 'I / f- / Of . . H:f\VP/MISC/CPE. WA ,. \..- ,...." EXHIBIT" A" PROPOSED SCOPE OF WORK ST. LUCIE COUNTY SOUTH COUNTY POST-STORM BEACH CONDITION STUDY Background Erosion of the St. Lucie shoreline and dunes south of the Ft. Pierce Inlet has become severe. An erosion study of the 13.1 mile segment of shoreline between the southern limit of the proposed 2.3 mile Federal Ft. Pierce Shore Protection Project (DEP profile monument R46) and the Martin County Line (R115) will be perfonned. The study will evaluate the level of current coastal erosion, identify threats to existing development, develop short-term and long-term protection alternatives, and consider environmental impact issues. The study will form the basis for a determination by the Florida Department of Environmental Protection (FDEP) of the areas critically eroded status and a first approximation of management strategies. Scope of Services The study will evaluate the level of coastal erosion and analyze short and long-tenn erosion control measures which could be used along the south county coastline. These alternatives include dune restoration, dune relocation, beach restoration and limited structural stabilization. Short-term beach fill placement alternatives will be limited to trucked fill from an upland source with and without stabilizing geotextile tube structures. Task 1. Past and Current Erosion Conditions. To document existing beach conditions, a beach profile survey will be conducted from the landward extent of the dune offshore to a depth of approximately -4 ft. NGVD along DEP profile lines R47 to Rl15. Data will be submitted to the FDEP in a program compatible format. Historical beach and hydrographic survey records, and aerial photography, will be collected and analyzed and " , "" ....J compared to the new survey to detennine the extent of the erosion problem within the study area. A site inspection will be conducted to document beach conditions. Task 2. Changing or Accelerated Erosion Trends Including the Historical Imvact of Ft. Pierce Inlet. Based on the data collected in Task 1 and historic data sources, rates of erosion and recession for the area will be quantified. The level of detail included within these estimates will be primarily restricted by the quality and quantity of historic data sources. Trends in erosion will be identified and discussed. Possible links between erosion behavior and Ft. Pierce Inlet Federal Navigation Project impacts will be included. The FDEP will be provided with the Task 1 and 2 data and results and have several weeks to review it before authorization is granted to proceed with Task 3. Task 3. Evaluate Future Threats to Existing Development. Based on current erosional trends, an assessment of future erosion threats to existing structures will be made. The Hutchinson Island Nuclear Power Plant will be included as an existing structure. Current and future projects in adjacent regions which may impact the area will be included within this assessment. Severely eroded segments of shoreline requiring rehabilitation will be identified. Task 4. Short and Long-Tenn Solutions to Mitigate Erosion. A. Develop Short-Tenn Erosion Mitigation Alternatives. This task will involve the identification and schematic development of short-tenn dune stabilization alternatives which could be implemented prior to a long-tenn, pennanent erosion control project. The short-tenn alternatives will include dune relocation with vegetation and possible stabilization with geotextile tubes. The task will also identify possible locations of small scale beach fill projects utilizing material from upland sand sources which could be trucked to the shoreline. Stabilization of the beach fill material utilizing geotextile tubes will beeconsidered. The task will include the development of schematic construction quantities and cost estimates. '-" ...,J B. Develop Long-Term Erosion Mitigation. An assessment of long-term erosion control alternatives including beach and dune restoration utilizing materials ftom offshore borrow sources will be developed. Current and planned projects in adjacent regions which may impact the area will be included within the assessment. The task will include the development of schematic construction quantities and cost estimates. Task 5. South County Post-Storm Beach Condition Study Re?ort. A summary report will be prepared presenting the identified critical erosion locations, short-term alternatives, long-term management strategies, results and recommendations. Environmental issues will be considered utilizing available information to evaluate the potential impacts of a project and the potential impact related to the erosion stresses on the coastline. The report will include evaluating the permittability of the project by State and Federal agencies. The effort \VÍIl include traveling to Tallahassee to meet with Florida Department of Environmental Protection, Office of Beaches and Coastal Systems personnel to discuss the project and the potential for receiving permits and State funding. The fmal product \VÍll be a report documenting the findings of the study including an evaluation of erosion control alternatives, environmental considerations, the permittability of the project and the potential for receiving State fWlding. i:\wp61 docs\St. Lucie\proposedsow ~ ..."., EXHIBIT "B" BUDGET ST. LUCIE COUNTY SOUTH COUNTY POST -STORM BEACH CONDITION STUDY The following provides our estimated cost for completion of the scope of services as described in the previous section. Coastal Planning & Engineering, Inc. proposes to complete this project on a not to exceed basis for a total project cost of $79,970 as described below: TASK AMOUNT Task 1. Past and Current Erosion Conditions $15,880 Task 2. Changing and Current Erosion Trends $6,280 Task 3. Evaluate Future Threats to Existing Development $6,560 Task 4. Short and Long-Term Solutions to Mitigate Erosion $35,710 Task 5. Develop South County Post-Storm Beach Study Report $14,660 TOTAL PROJECT COST $79,970 -- )0 C :;) I- </I Z o ¡:: 15z z;: 80 ~:r:~ ZU<I: :;)<l:w OW II:: OIDID w:S1- _11::</1 UOO :;)1-0 -''?c ..::;¡~ </10- Q,~ )ow I-C Z :;) o U :r: I- :;) o </I \.. ïi 'C " Ü OB o m -<: 16 uQ. o <>" " m 'C." ¡¡- " " ¡;,¡j .¡¡... ~ " - "u ~ [ '" o <D m g ¡¡ C) " íj ;¡ N= !~ ~c% u " ;¡ "0 ~:§ "' J!iÌí M~ u'¡¡ ~UI ~ <D_<D .. ~ ;; " .. " 0.5 u<> ." ¡;;w ~ ~ -" 2õ 0.. " W N N <D !* g.5 'C ê' o..w " IJ) <I ... " " ,,05 0:0 ~crð i~ 88 C.M tIO ~ ~ '2 ~ .sû)~~% _Ec..è:cuc ceað=S~o t:;.I:::2~ ~_u_a.4I U Cd ~ w:: "0 a. "D~~~~~ C«JcP - lQu......J::c.J:: _ ;:: >. 000 vto(\.)cv;;:;ru :.~~~g~ ..¡~;ê¥~ ~~~.g~.g CI 0 4> G) ro G) I-OIJJQ..Oa.. N .......... ~ ~~CX) ......... N N N o ... 0: " ~ 0: o .¡¡; o W " o .~ " o l' ë q:I ut ~ § Ü ::I -0 ~ ~~-g!; ¡"§:~ bI c.!:: £ .5.Q œ olD ~:So;o .~.r:.ü) .s:: Q) c.1 en U~~& Ñ~.!!Icn -:~~~ flU IV ca en I-üü« " ~ ë " E ... o ;¡ t Q .. ~ K : ... l' 2 '" ~ ~ :~cn~ .c~1a~ ~.E~cn f~~~ .aoc"'O ~·8·Q ~ .!~~: 1IIJ_4IQ; ~ifG:i .s~~&> 0.20 M.n.".b ~ID~~ lilt In en ct) {!:J.:J."C <D~ ~ ~ ... ~ ... ~ <D~ ~ ~~CI) ~~$!NNN ~~~NN <D<DN ~Cl:lCONNN ~cocg("H"" N N CDNNNNN UlN"'NNCDNN ... N 0: o 'iõ e ... " ~ ~ ~.. 18 ~ :¡¡¡I: VJ .,= en $ o+: olD CU ñî -. Ë '" ~ I/) ~ E ~ E ~ ~ O.!:J .!:J ~ :;:c ~ :;¡ ~ V en ~~cn~ ~cn~ ~ ~cnBcn~ E;I~ cuo"o'iõo~>~ ~~;C~ ~- - g5~·g~ .l&Iëû~1I) 5~'::¡:::+-'cn -- ...ecc:: u..... ,w~~8~2~~ ba~æO~ _œEE cœ- c_=uo ~~~~88ñî-gG)U~ S~Eca~~ ~c~~~~~~~~~ ~~""'~~cnE8~E~~E~~8m ~~~~~¡~~~¡~~~~~~~ 1:: ø.i::-ø-ø 0.-- E o..õo-¡¡"¡)--~Lt..I E.! o 0 0 L L E ~ ø 0 c ~ ~ ~ 0 D ø 0 ~~~a.a.._ma.~oaa.~a.~a.a ~p .m~m~>-m·m._.ø ~&~~~~~~!~~~~~-~~~ ~ .ã)EE2.2.2 .'G)EE.2.2Q;2.2 ~<~~~~~~m~~~~~~~Z ~<D N N N N on ~88 ~g .. ... :i ... ... &j88 e2 :.. <D .. ~88 cid ...... .. - ;;¡ æi88 me ..;r; ... .. ~88 5~ ;;¡ <D ¡;:88 Iorio ¡:¡~ ;f, <D ~88 U '" .. ... '" æ88 ono ¡:¡~ ... ::t ;I; ~88 -gg - ... .."" ;;¡ ~ &188 H ..", ;;¡ ... ~88 :è2 -... ..- .. - ¡¡ ... " a: ~ ... " ;:¡ .0: U " " "' E ¡¡ ;:¡ i; o ... Þ 0: " o U .0: '!í ,g ... o -¡ ~ ,,¡ -: " ... "'IU"" ~...'" f- iH, o f- ... m "' ::> ::> '" IJ) ...,I oo~oo~ coco ....c ION ......cø ~:I;;å~ ...J.......J......... ~~~t!;! 00000 I-t-I-t-t- .....NC')....IQ ~:..::::.:::..::¥ CI)(I)cnrncn i!~:!~;! '" .... '" øi .... ... 1 '" ;S .5:: ã! '0 ::> U .!: Õ '" 1ij 8 ãi ,g 'i5 '0 '" '" '" .!!! !! '" ., E ::> '" o E I X! '0 g i ., n:: I- </I o U I- U W a II:: Q, -' <I: I- o I- 8 ~ .!: e '" '" "E ., E ::> '" o E ., ;g :s. .c ~ '" .c 1ii X! E ::> '" '" <I: ,...: .¡;¡ '" f- a; Õ z , , '-r ~ EXHIBIT "C" WORK SCHEDULE ST. LUCIE COUNTY SOUTH COUNTY POST -STORM BEACH CONDITION STUDY The following provides our time estimated cost for completion of the scope of services as described in the previous sections. TASK COMPLETION TIME FROM NOTICE TO PROCEED Task 1. Past and Current Erosion Conditions 6 weeks Task 2. Changing and Current Erosion Trends 3 weeks Task 3. Evaluate Future Threats to Existing Development 2 weeks Task 4. Short and Long-Term Solutions to Mitigate Erosion A. Develop Short-Term Erosion Alternatives B. Develop Long-Term Erosion Alternatives 4 weeks 4 weeks Task 5. Develop South County Post-Storm Beach Study Report 4 weeks , .---. \...- :,; \:;~~':':',.?'~-\,,:::;,.~',~~::: :/\~:' :" ,.:-.".-....~.':...~ '~":,:~..n,.::};'>-' >}~->~<:.!;:'i".' ,~,-i: ': ",', -' .';--: ""I "0 PRESIDENTS. COUNCIL OF HUTCHINSON ISLAND PO Box 6111, Hutchinson Island, FL 34957 Phone 561 229 9878 FAX 561 2298178 July 15) 2000 Commissioner Doug Coward, Chairman ST LUCIE COUNTY EROSION CONTROL D1STR1CT 2300 Virginia Ave. Fort Pierce) Fl. 34982-5652 Dear Doug: As you know beach erosion is a major problem for our residents and our tourism industry. Martin County has been successful in getting beach renourishment for their portion of the Island. The President's Council has been active in seeking both state and federal funding for beach renourishment for our area to the north of Martin County. To maintain· our beaches and insure we also maintain our property values and our tourism industry it will be necessary to request assistance rrom the State of Florida. We are soliciting the County Commission to request the Florida Department of Environmental Protection designate the Hutchinson Island beaches in S1. Lucie County as a critical erosion area. Your cooperation in this matter is greatly appreciated. Thank you. cc: SLC BOCC Ed Klima '-' ...., BOARD OF COUNTY COMMISSIONERS July 21, 2000 COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON Dr. Alfred B. Devereaux, Jr., P.E., Director Office of Beaches and Coastal Systems Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 300 Tallahassee, FL 32399-3000 SUBJECT: UPDATE REQUEST: CRITICAL EROSION AREA DESIGNATION ST. LUCIE COUNTY, FLORIDA Dear Dr. Devereaux: We request the Department update the State's inventory of beach erosion areas within 8t. Lucie County and designate the most southerly shoreline in the County (approximately 4 miles) as critically eroding. The erosion and recession to this segment of shoreline and dune system has reached the degree that upland development, recreational interest, and wildlife habitat are being threatened or lost. Due to the severity of the hurricanes last season (Floyd & Irene), the Department issued several emergency field permits for various developments in this area to reconstruct damaged structures and stabilize severely eroding dunes. A letter from the Presidents Council of Hutchinson Island expressing their concerns on this matter is enclosed for your information. We would like to also thank you for allowing Ms. Jackie Thompson the opportunity to visit with the concerned citizens who live along this stretch of eroding shoreline and explain the Department's role in beach management. Thank you in advance for your consideration of this important request. Please contact Mr. Richard Bouchard, P.E., Coastal Engineer, at (561) 462-1710 or Suncom 259-1710 should you have any further questions. 7 s;o?7 /1 '7.J -- ÆfJ- Douglas M. Anderson County Administrator DMA:rb ends cc: Board of County Commissioners Dan Mcintyre, County Attorney Robert Bradshaw, Assistant County Admin. President's Council.of Hutchinson Island Ray Wazny, Public Works Director Don West. County Engineer Richard Bouchard, Coastal Engineer JOHr\ D. Or..UHN Obrricr NO.1. DOII(~ COWARD, DistriCt No '2 . PAULA A. LEWIS, Disrricr NO.3. FRANNIE HUTCHINSON. D;ST'cr No. d . CUFr: D/\.'·~,J~:':~ :>sl'icl ¡..;:_ Counry Admil"'\isrraror - Douglas M. Anderson 2JOOVirginioAvenue. ForrPierce,FL34982-5652. Phone(561)462-1450. TDD(561)462-1426 FAX (561) 462-2131 ""'" Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 July 31, 2000 David B. Struhs Secretary ------..'- ---- Douglas M. Anderson, County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 ~ ;-----:, ;:: "2 :~ : i fi ¡ ,'" - II",: i , i :-; ,AI~ - 7 2000 I ' , ItUIC I' ! .-- ~ . ,.--_. ~:' . c- . Dear Mr. Anderson: RE: Request to Reevaluate Critical Erosion in St. Lucie County We have received your request to evaluate the condition of the southern most four miles of shoreline in St. Lucie County. The condition of beaches are determined to be critically eroded when erosion of the beach or dune system occurs to such a degree that upland development, recreational interests, wildlife habitat, or important cultural resources are threatened or lost. To determine whether these beaches are critically eroded, the Department will evaluate the historical erosion rates, the vulnerability of existing public and private resources, and supplement this information with a field investigation. Staff has scheduled a site visit to the area and will send a report of their findings to you upon completion. If you have any questions before this time, please call Mr. Ralph Clark or Ms. Jackie Thompson at 850/487-4469. Sincerely, /') C_~' Gene Chalecki, P.E. Program Administrator Office of Beaches and Coastal Systems c~~£ GC/jtfp cc: ' Ralph Clark, P.E. II, DEP/OBCS ì'3!chard' Böucha~'St.;f.1.¡~:Co~nty "More Protection, Less Process" Printed on recycled ¡>Oþer. , , '-" ., BOARD OF COUNTY COMMISSIONERS November 15, 2000 PUBLIC WORKS DEPARTMENT Dr. Alfred 8. Devereaux, Jr., P.E., Director Office of Beaches and Coastal Systems Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 300 Tallahassee, FL 32399-3000 SUBJECT: FOllOW-UP REQUEST: CRITICAL EROSION AREA DESIGNATION ST. lUCIE COUNTY, FLORIDA Dear Dr. Devereaux: In light of the severe beach erosion caused by the recent high tides and strong winds (northeast), we request the Department revisit its final determination of the extent of erosion for the most southerly shoreline in the County (approximately 4 miles), before formally responding to our July 21st request. Since the Department's last visit to the site, conditions have drastically deteriorated. At the request of concerned citizens, State Senator Ken Pruitt visited the site and offered to provide assistance. To further depict the urgency of this situation, please find enclosed photographs and newspaper articles of this area. Should this area be designated as critically eroded, we would like to proceed with a feasibility study and request Department funding for FY -2001/02 through appropriate proviso language. . We anxiously await the Department's prompt decision. Once again, thank you in advance for your consideration of this important request. Please contact Mr. Richard Bouchard, P.E., Coastal Engineer, at (561) 462-1710 or Suncom 259-1710 should you have any further questions. Sincerely, r?~0-- Douglas M. Anderson ~ 1;),c,4 County Administrator - DMA:rb enels cc: Board of County Commissioners President's Council of Hutchinson Island State Senator Ken Pruitt Kirby Green, Assistant Secretary, DEP Deborah Flack, FSBPA Dan Mcintyre, County Attorney Robert Bradshaw, Assistant County Admin. Ray Wazny, Public Works Director Don West, County, Engineer Richard Bouchard, Coastal Engineer JOHN D. ßRUHN, Disrrict No.1' DOUG COWARD. District No.2' PAULA A. LEWIS, District NO.:I . FRANNIE HUTCHINSON. District NO.4' CUFF ßARNES, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Public Worl~s: (561) 462-1485 · FAX (561) 462-2362 Division of Engineering: (561) 462-1707 Fox 462-2362 . Division of Rood & ßridge: (561) 462-2511 FAX 462-2363 Division of Solid Waste: (561) 462-1768 FAX 462-6987 Division of ßuilding & Inspections: (561) 462-1553 Fax 462-1735 . TOD (561) 462-1428 , . Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 ....", .Department of Environmental Protection Jeb Bush Governor November 20, 2000 Doug Anderson, County Administrator Sf. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Mr. Anderson: David B. Struhs Secretary This is in response to your letter dated November 15, 2000 concerning critical erosion designation of St. Lucie County beaches. The research, analysis and policy section of our office will be reviewing the area to determine whether it should be considered a critical erosion area. It is hoped that their review will be completed by mid-Decemb~ 2000. Once the review process has been completed, the Departmetn will provide a final response indicating its decision. Should you have any questions or concerns, please advise. .----,-"..-. œl~~__~~~~ ENGINEER!NG Sincerely, ~M ---0/¡/l/ò- /? . Alfré3 B. Devereaux, Jr f. Director Office of Beaches and Coastal Systems ,. ABD/rs/p cc: Mark Leadon, P.E. Administrator I":": r:- i... ...:: . NOV 2? "More Protection, Less Process" Printed on recycled poper. , ." 'Ii ..." . Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 December 21, 2000 David B. Struhs Secretary Douglas M. Anderson, County AdministratO!/ Board of County Commissioners . Public Works Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Mr. Anderson: This is to respond to your request of November 15 to designate southem St. Lucie County an area of critical erosion and sUbsequently to share the funding of a feasibility study to mitigate the erosion. . Please be advised that our staff is very còhcerned about the recent erosion trend along all of St. Lucie County south of Ft. Pierce Inlet. In the wake of Hurricane Floyd last year, Hurricane Irene caused perhaps the most significant countywide erosion in the 20 years subsequent to Hurricane David in 1979. The severity of the erosion in St. Lucie County prompted the Department to extend the noncritical erosion designation from R70 to R80. Staff believes that monitoring the shoreline conditions and further evaluation are necessary before a determination could be made as to whether additional critical erosion designations were necessary south of RaG. In early August of this year, in response to your first inquiry to designate the south county area as critical, our staff conducted a field inspection which indicated there was no threatened development and that the beach had substantially recovered since the hurricanes of 1999. Not wanting to close the door on a serious issue, the Department allowed your staff the opportunity to obtain additional information to support your request before we responded. Since then, in October, a series of northeasters inflicted a new round of beach and dune erosion prompting property owners' concerns and some sandbagging efforts in the area. Your letter and attachments of November 15 directly resulted from these new erosion events. On December 4, Mr. Ralph Clark of this office met with Mr. Richard Bouchard and Ms. Patricia Pacitti, and visited much of the area and witnessed the continued erosion stress during northeaster conditions. Our staff has sUbsequently viewed the photographs and video obtained during this visit and discussed the problem at length. ,.- ",' . Given the prudent landward siting of coastal development throughout this area, a relatively wide vegetated dune still exists and buildings are not currently being threatened. There appears to be no development other than beach/dune walkover structures, viewing decks, lifeguard stands, or other expendable minor structures in close proximity to the beach, actually being threatened by the erosion. In other words, the erosion conditions, though serious, do not currently threaten the development to the extent that would normally trigger the designation of the area as critically eroded. "More Protection, Less Process" Printed on recyded poþer. I. ji ~ ~ '-" ...,¡ Mr. Douglas M. Anderson December 21, 2000 Page 2 However, staff recognizes that there is a recent trend of accelerated erosion in this area and, although conditions may not have become critical as yet, if left unabated the erosion may become critical in the near future or following a severe storm. Therefore, the Department would like to cost-share with the county on a post-storm beach condition study with an expanded coverage and scope from that which you requested. The Department will pay 50% of the costs of the study or $30,000, whichever is less. This study should cover the entire area between the Ft. Pierce beach restoration project and the Martin County project. Past and current erosion conditions need to be examined and changing or accelerating e~osion trends, including the historical impact of Ft. Pierce Inlet, need to "be" identified. Beach surveys and analyses would provide better data" upon which to determine the future threat to" existing development. The study should also identify short and long-term solutions, including dune restoration and beach restoration, to mitigate the erosion. Should you have any further questions, please contact Russell Snyder, Program Manager, at 850/487-1262 or Suncom 277-1262 Sincerely, , /, Alfre B. Devereaux, J ., Director Office of Beaches and oastal Systems ABD/rs/p " . .., Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 David B. Struhs Secretary February 19, 2001 .-'-..-~.. '~- ----~- i ;v.~.. [Ç 0 rc; n ~~~--;':_....' 1.1 r'..I. ,[ 1:,'1 I,. ,I I, 8,',' :' : ¡ .;. ,- :~::_-_Sf. . (,': : ':',..""." : r ; ¡ ~.", ,~ i , : j' f i I'i. FEB 2 12001 ; ~¡, ¡ .j Richard Bouchard, P.E. St. Lucie County 2300 Virginia A venue Fort Pierce, Florida 34982-5652 ','., , ~] -~"_..,..,. ...~." Dear Richard: SUBJECT: South County Post-Storm Beach Condition Study Department staff has reviewed the proposed scope of work concerning the above and feels that it, in large part, departs from the original intent of the Department. The study's focus on emergency response, while necessary and encouraged by the Department, is not appropriate for state cost-sharing under the beach erosion control program. Rather, the study should provide a comprehensive current data set based on field surveys of the entire area, with corresponding analyses concerning: 1. Past and current erosion conditions; 2. Changing or accelerating erosion trends, including the historical impact of Ft. Pierce Inlet; 3. Future threats to existing development; and 4. Short and long-term solutions, including dune restoration and beach restoration, to mitigate the erosion. The study area should include the coastline between the Ft. Pierce and Martin County beach restoration projects. Please provide a revised scope of work addressing the above with an estimate of hours, labor and direct costs for staff review. If you have any questions or concerns, please advise. ~;:jJ Russell Snyder, Project Manager Office öf Beaches and Coastal Systems , . "More ProtectIOn, Less Process" Printed on recycled þaþer. , .. Department of Environmental Protection ...¡ Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B. Struhs Secretary March 28, 2001 röJ rn @ œ LW æ ~ I W/ø ~220~~1 ENG!~'r: 1':.17:;,.' '1 Mr. Richard Bouchard, P.E. Public Works Department 2300 Virginia A venue Fort Pierce, Florida 34982-5652 ~.-"....- .... _.~. Dear Richard: SUBJECT: South County Post-Stonn Beach Condition Study Revised Scope of Work Staff has completed its review of the above and approves it with the following provisos: 1. Task 1: Data should be submitted to the Department in a program compatible fonnat; 2. Tasks 1&2: The Department should receive this data and have several weeks to review it before authorization is granted to proceed with Task 3; 3. Task 3: Power Plant facilities should be included under "existing structures;" 4. The study needs to fonn the basis for a determination by the Department of critically eroded status and a first approximation of management strategies. Furthennore, the Department approves of the cost increase and will pay up to $39,985, or 50% of the cost of the study, whichever is less. If you have further questions, please advise. Russell Snyder, Project Manager Office of Beaches and Coastal Systems cc: Bob Brantly Ralph Clark "More Protection, Less Process" Printed on recycled paper,