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Agenda Packet 08-14-07
August 14, 2001 9800 A.M. V /� BOARD OF COUNTY COMMISSIONER$ N AGENDA REVISED 8113/07 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and ask 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, speahing clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Chris Craft, Chairman District No. 3 Joseph E. Smith, Vice Chairman District No. I Doug Coward District No. a Paula A. Lewis District No. 3 Charles Grande District No. 4 August 14, 2001 9eoo A.M. Invocation Vi Pledge of Allegiance I. MINUTES b6� Approve the minutes from the August 7, 2007 meeting. 3. PROCLAMATIONS/PRESENTATIONS A. Presentation by Israel Ross, Administration Intern, on Gang Issues in St. Lucie County. B. Ag PUD Open Space Discussion ��+�� `� A-2, -; 4- /� T 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 5A. There are no Public Hearings scheduled for August 14, 2007 END OF PUBLIC HEARINGS 5 6. ITEM PULLED PRIOR TO MEETING - �' 19. T. ADMINISTRATION/PURCHASING Board consideration to waive competitive conditions under Section 5.5 (Bid Waiver), Section 5.7 (Purchases from Other Governmental Agencies) and Section 11 (Emergency Purchases) of the St. Lucie County Purchasing Manual to award a contract to Calvin, Giordano & Associates Inc., for a not to exceed cost of $100,000 to complete the St. Lucie County Evaluation and Appraisal Report (EAR) — Consider staff recommendation to approve to waive competitive conditions and approve staffs request to award a contract to Calvin, Giordano & Associates Inc., for a not to exceed cost of $10o,000 to complete the St. Lucie County Evaluation and Appraisal Report (EAR), and authorize for the Chairman to sign the contract as prepared by the County Attorney. a. GROWTH MANAGEMENT Rural Lands Stewardship Area (RLSA) Program Monthly Status Report — Staff recommends that the Board accept the Report and requested action item discussion. CONSENT AGENDA t. WARRANTS Approve warrant list No. 44 and 45 2. COUNTY ATTORNEY A. Howard Creek Estates — Approval of Maintenance Agreement and Bond — Consider staff recommendation to release the original bond in the amount of $9,200, conditionally accept the constructed improvements, approve the Maintenance Agreement and bond in the amount of $1,200.00 for Howard Creek Estates, and authorize the Chairman to sign the agreement. Be Donation of Right of Way — Sun Grove Montessori School, Inc. — 47 feet on Oleander Avenue — Resolution No. 07-237 — Consider staff recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 07-237 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. Revocable License Agreement — REP Associates, Inc. — Orange Avenue — six (6) Monitoring Wells — Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct REP Associates, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. D. Facilities Use Agreement — American Red Cross -North Treasure Coast Chapter — Consider staff recommendation to approve the Facilities Use agreement and authorize the Chairman to sign the Agreement. E. Contract Extension for Human Services Associates, Inc. to operate the Juvenile Assessment Center — Staff recommends an extension of the contract with the current contractor, "Human Services Associates, Inc.", who will continue to provide booking, security, screening, and case management services at the St. Lucie Juvenile Assessment Center (JAC), located at 1215 Bell Avenue, Ft. Pierce, Florida, in St. Lucie County. This extension will be retroactively dated from (2/28/07) thru (9/30/07). The program operates 24 hours a day, 365 days per year. S. PARKS AND RECREATION A. Request for Approval to Serve Alcohol at Maravilla Recreation Center — Consider staff recommendation to approve Raquel Olivares's request to serve/sell alcohol at the Maravilla Recreation Center during the August 25, 2007 reception that she is hosting. B. City of Port St. Lucie Request — South County Stadium — Consider staff recommendation to approve the City of Port St. Lucie request to utilize the fenced "bus parking area" of the South County Regional Stadium on August 18, 2007. Staff recommends that the Board approve the City of Port St. Lucie request including the sale of food and alcoholic beverages. 4. COURT ADMINISTRATION Approve Budget Amendment necessary ($53,524.00) to complete the new Digital Court Reporting System using funds from the Court Administration court innovations fund — Consider staff recommendation to approve Budget Amendment #BA07-074 in the amount of $53,524'. S. PUBLIC WORKS A. Spoil site assessment for Taylor Creek Restoration Dredging Project Phase 2. Approval of WA #5 with Dredging and Marine Consultants, LLC. for Engineering Services — Consider staff recommendation to approve Work Authorization No. 5 with Dredging and Marine Consultants, LLC in the amount of $9,500.00 for Engineering Services for Taylor Creek Dredging. Consent Agenda August 14, 2007 Page Two PUBLIC WORKS CONTINUED B. Waterstone Subdivision — Conditional Acceptance of concrete sidewalk and acceptance of Maintenance Bond and Maintenance Agreement — Staff recommends the following to the Board: 1. Conditional acceptance of the constructed improvement (8' concrete sidewalk). 2. Accept the Maintenance Bond in the amount of $18,000.00. 3. Approve the Maintenance Agreement and authorize the Chairman to sign. C. Award Bid No. 07-089, Taylor Creel? Restoration Project Shoreline Stabilization, Phase 3 — Consider staff recommendation to award Bid No. 07-089, Taylor Creel? Restoration Project Shoreline Stabilization, Phase 3 to Ranger Construction, Inc. In the amount of $1,108,736.00, establish the Project budget as outlined above, and authorize the Chairman to sign the contract as approved by the County Attorney. 6. INVESTMENT FOR THE FUTURE Parks and Recreation — Award Request for Bid No. 07-079 Fairgrounds Concession-Restrooms - County & Fair Association Offices and Approve the use of Investment for The Future funds — Consider staff recommendation to award Bid No. 07-079 Fairgrounds Office, Concession and Restroom Building to AWM Construction the in the amount of $799,495 and approve the use of $113,421.00 from Investment For the Future Funds to cover the projected budget deficit and give staff approval to negotiate with AWM Construction and approve the contract as drafted by the County Attorney and authorize the Chairman to sign. T. SOLID WASTE Staff requests approval of EQ07-354 and authorize the bid waiver and sole source purchase of 1 Kelly Tractor Forklift for a total cost of $38,426. Additionally, staff request Board approval to transfer Property Record No. 50-0711, 2001 DP40K Forklift to Central Services. Consider staff recommendation to EQ07-354 and authorize the bid waiver and sole source purchase of 1 Kelly Tractor Forklift at a total cost of $38,426. Additionally, staff recommends the transfer of Property Record No. 50-0711, 2001 DJP40K Forklift to Central Services. e. CENTRAL SERVICES David Brooks Enterprises, Inc. — Change Order No.18 to C05-12-636 — Construction of the New Clerk of Court Building and Downtown Chiller Plant — Consider staff recommendation to approve Change Order No. 18 to C05-12-636 to increase the contract sum by $131,589.00, the new contract sum will be $13,099,515.00. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. 9. CULTURAL AFFAIRS A. Approve Equipment Request EQ07-355 for two outdoor telescopes and EQ07-356 for a River Flattie boat — Consider staff recommendation to approve Equipment Request EQ07-355 for two outdoor telescopes and EQ07-256 for a River Flattie boat to be exhibited in the new Historical Museum outdoor exhibit entitled, Reflections of Florida's Boating and Fishing Heritage. Be Approve Budget Amendment No. 07-072 to move existing funds into the Museum Infrastructure account — Consider staff recommendation to approve Budget Amendment No. 07-072 to move existing funds into the Museum Infrastructure account for the construction of the sidewalk and fence expansion for the Reflections of Florida's Boating and Fishing Heritage exhibit. C. Authorize the Chair to sign Amendment Number One to the Historic Preservation Grant Award to extend the grant for six months for the Fort Pierce Post Office State Grant #SC615 — Consider staff recommendation to Authorize the Chair to sign Amendment Number One to the Division of Historical Resources Historic Preservation Grant Award to extend the grant for six months for the Fort Pierce Post Office project State Grant #5C615. Consent Agenda August 14, 2007 Page Three 10. PUBLIC SAFETY Request to approve the purchase of two weather transmitter sensors and cables for the total amount of $7,406.50 — Consider staff recommendation to approve the purchase of two additional weather transmitters and cables in the total amount of $7,406.50. Also approve Budget Amendment No. 07-071 and Equipment Request No. 07-357. 11. PURCHASING A. Board approval to award Invitation to Bid No. 07-087 to the lowest responsible, responsive bidder, Dunworth Construction for the cost of $49,748.00 — Consider staff recommendation to approve to award Invitation to Bid No. 07-087 to the lowest responsive, responsible bidder, Dunworth Construction for the cost of $49,748.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Board approval to award Invitation to Bid #07-088 to the lowest responsible, responsive bidder, Stuart Fence for the cost of $11,058.00 — Consider staff recommendation to approve to award Invitation to Bid #07-088 to the lowest responsive, responsible bidder, Fence for the cost of $11,058.00 and authorize the Chairman to sign the co tract as p pared by the County Attorney. 12. PARKS REFERENDUM Lalzewood Park Regional Parh/ DA Survey and Evaluation — Consider staff recommendation to approve the use of $5,090.00 from Parh Referendum Funds and retain the services of American Disabilities Act (ADA) standards expert Larry Schneider to review the new Lahewood Park Regional Pariz facility under Contract No. C07-07-321. 13. ADMINISTRATION/VALUE ADJUSTMENT BOARD Budget Amendment No. 07-073 - Consider staff recommendation to approve Budget Amendment No. 07- 073, request for the Board to approve transferring $10,000.00 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325-531000-100) to finish paying invoices until the end of FY06/07. 14. GRANTS Authorize the submittal of a grant application to The Cable Positive Tony Cox Community Foundation on behalf of In The Image of Christ Inc., a non-profit organization, for funding to publicize HIV/AIDS related promotional/outreach materials to the residents of St. Lucie County — Consider staff recommendation to approve the submittal of the grant application to The Cable Positive Tony Cox Community Foundation. 16. COMMUNITY SERVICES Approval for the Health Department to purchase two (2) vehicles for $28,260.00 (Two (2) 2007 Ford Escape (LI02) small size 4-door utility vehicles — at a cost of $28,260.00 and fees of $108 for tags and titles) with funds from the allocation approved by the Board for FY07 budget. The vehicles will be purchased off the Florida Sheriff's Association State Contract — Consider staff recommendation to approve to use $28,368.00 of the $1,153,000.00 approved budget allocation to purchase two (2) vehicles and tags and authorize the Chairman to sign all pertinent documents necessary. 16. TRANSPORTATION PLANNING ORGANIZATION Recognize the Florida Commission for the Transportation Disadvantaged Planning Grant awarded for $22,132.00 for fiscal year 06107 budget — Consider staff recommendation to adopt Budget Resolution 07-239 to recognize the budget for the Florida Commission for the Transportation Disadvantaged Planning Grant #001420-1540 for FY06/07. Consent Agenda August 14, 2007 Page Four 17. ENVIRONMENTAL RESOURCES Oxbow - Special Account for the Treasure Coast Green Conference — Consider staff recommendation to approve Resolution No. 07-238, in order to set up special accounts for the Treasure Coast Green Conference scheduled from 8:30 am — 5:00 pm, Thursday, Oct. 18, 2007 At the Port St. Lucie Community Center, 2195 SE Airoso Blvd, Pt St. Lucie. ANNOUNCENEN?f August 14, 2007 The Board of County Commissioners will hold the August Informal Monthly Meeting on Friday, August 24, 2007 at 9:00 a.m. in Conference Room #3. 2. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. 3. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. 4. The Board of County Commissioners will hold the Affordable Attainable Workforce Housing for Essential Services in St. Lucie County Worhshop on Friday, September 14, 2007 at 2:00 p.m. in the County Commission Chambers. 5. The Board of County Commissioner will hold the September Informal Monthly Meeting on Friday, September 28, 2007 at 9:00 a.m. in Conference Room #3. 6. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 13, 2007 at 9:00 a.m. in the County Commission Chamber. NOTICE: All Proceedings before this Board are electronically recorded Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1T77 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. .: i6ZA <. Paula A. Lewis, Chairman District Me. 3 Doug Coward, Vice Chairman District Me. Z Joseph E. Smith District Ne.1 Charles Grande District No. 4 Chris Craft District No. 6 AGENDA August 14, 2007 1. MINUTES Approve the minutes from the meeting held on July 24, 2007. 3. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No. 43, 44 and 45. Z. PURCHASING A. Award of Invitation to Bid (ITB) #07-071, Blind Creek? Parbing Lot Construction, to the lowest responsive, responsible bidder, Native Technologies, Inc. for $61,595.00 — Consider staff recommendation to award Invitation to Bid #07-071, Blind Creel? Parhing Lot Construction, to the lowest responsive, responsible bidder, Native Technologies, Inc. for $61,595.00, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Board approval advertise a Request for Qualifications (RFQ) for Engineering services for Mosquito Control activities including, but not limited to impoundment reconnection, restoration, operations and maintenance — Consider staff recommendation to 1. Approve a Request for Qualifications (RFQ) for Engineering services for Mosquito Control activities including, but not limited to impoundment reconnection, restoration, operations and maintenance; 2. Approve for the County Administrator to appoint a selection committee. 3. MOSQUITO CONTROL Approval to Accept Offer for Surplus Equipment — Consider staff recommendation to accept the offer from the Pinellas County Mosquito Control, in the amount of $210.00, and place those funds into the District's state fund account. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. i Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No. 4 District No. S District No. t District Me. 2 District No. s AGENDA August 14, 2007 t. MINUTES Approve the minutes from the meeting held on July 24, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve Warrants List No. 43, 44 and 45. 2. PUBLIC WORKS Artificial Reef Grant program: Enter into Worh Authorization No. 10 (C-05-11-619) with Lee E. Harris, P. E., PhD., to perform investigations for the permitting of two (2) new artificial reef sites offshore of North Hutchinson Island — Consider staff recommendation to approve Work Authorization No. 10 (C-05-11-619) with Lee E. Harris, P.E., PhD, in the amount of $6,960.00, and execution of said agreement by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITION$ AGENDA Ausu$t 14, 2007 REGULAR AGENDA RAI GRANT$ Staff requests approval or guidance on the last stages of the Hachberry Hammock acquisition roject consisting of the (1) last sales agreement of the current project; (2) submittal of a Boundary Modification Request to Florida Communities Trust to acquire one additional parcel; and (3) submittal of a related funding request to the South Florida Water Management District. CAI. CONSENT AGENDA Budget Amendment No. 07-075 and request for the Board to approve additional funding for Phase I of the St. Lucie County Sheriff's Department recommended Security Improvement Plan in the amount of $2,575.00 for the two additional swipe card accesses to the Commissioners' Offices — Consider staff recommendation to approve Budget Amendment No. 07-075 and transferring $2,575.00 from the General Fund Contingency to the Machinery and Equipment account noted above. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director of (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITIONS AGENDA August I4, 2007 REGULAR AGENDA RAI. GRANTS Staff requests approval or guidance on the last stages of the Hachberry Hammoch acquisition project consisting of the (1) last sales agreement of the current project; (2) submittal of a Boundary Modification Request to Florida Communities Trust to acquire one additional parcel; and (3) submittal of a related funding request to the South Florida Water Management District. CAI. CONSENT AGENDA Budget Amendment No. 07-075 and request for the Board to approve additional funding for Phase I of the St. Lucie County Sheriff's Department recommended Security Improvement Plan in the amount of $2,575.00 for the two additional swipe card accesses to the Commissioners' Offices — Consider staff recommendation to approve Budget Amendment No. 07-075 and transferring $2,575.00 from the General Fund Contingency to the Machinery and Equipment account noted above. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. (8/14/2007) Missy Stiadle - PULLED AGENDA'ITEM Page 1 From: Missy Stiadle To: Agenda Date: 8/14/2007 8:15 AM Subject: PULLED AGENDA ITEM Please pull agenda item PAl on the August 14th Additions Agenda. Per Mr. Anderson Thank you. Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 From: Missy Stiadle To: Agenda Date: 8/13/2007 3:26 PM Subject: Pulled Agenda Item for 8/14/07 Board of County Commissioners Agenda CC: Barton, Linda; Brisson, Debra Please pull agenda item C12 on the August 14th Agenda. Per Mr. Anderson. Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 BOARD OF COUNTY COMIVIISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August t�i, 2007 Convened: 6:00 p.m. Adjourned: 10:00 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Doug Coward, Charles Grande, Paula A. Lewis Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri Case, Utilities Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Robert Nix, Growth Management Director, Vanessa Bissey, Environmental Resources Director, Millie Delgado -Feliciano, Deputy Clerk 1. MINUTES (0:10:00) It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held July 26, 2007, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS None 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the so called "Dead Zone" on the Florida Turnpike. He stated there should be speed limit enforcement in that area. He also addressed the T-Dock on the east side of Harbor Point where fishing tournaments will be held. He expressed his concern with the destruction of sea grass in the area. The County Administrator advised Mr. Arena the dock would be floating portable dock and at this time they are looking for another location where there would not be any sea grass. 4. CONSENT AGENDA (0:12:00) It was moved by Com. Grande, seconded by Com. Lewis, to approve the Consent Agenda as amended item C413 reducing the overall allowance by $11,100 as indicated by the Public Works Director, to include the additions, and item C2-D deleted, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 43. 1 07��5/07 FZABWARR FUND TITLE 001 001167 001177 001182 001183 001404 001405 001415 001418 001419 001423 001424 001814 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 002 003 107006 107151 107204 113 114 116 117 119 123 129 130 136 140 140128 140133 140322 140327 140350 150 160 181 183 ST. LUCIE COUNTY - BOARD WARRANT LIST #43- 21-JUL-2007 TO 27-JUL-2007 FUND SUMMARY General Fund FTA Section 5303 Grant FY 05 Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 05 CDBG Sup Disaster Recovery St Lucie Co Special Needs Shalt TDC Planning Grant FY 07 FDCA EMPA FY07 FDCA-Construct County EOC DCA-Construction Mitigation Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology USDOJ Bulletproof Vest Partnership FL Dept Juvenile Justice-DMC Civil Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Parke MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Port & Airport Fund Industrial Park West-EDA Construct Runway 9L/27R Industrial Park West Development FDOT Access Roads Ph.2 A/P IPW Install Security Fencing Impact Fee Collections Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir EXPENSES 878,266.84 19.12 1,773.84 1,540.64 1,768.09 1,739.51 501.25 227.21 162.64 17,980.62 378.79 3,251.53 106.48 33,354.64 56.89 90,270.80 37,933.09 27,172.35 9,528.50 95,380.98 36,552.42 114.65 171,245.07 450.76 2,849.51 2,688.89 7,274.96 1,722.93 274.60 238.01 519.09 580.39 144.50 901.02 367.06 144,647.55 1,589.33 1,487.16 86,305.80 298,873.02 4,231.77 101,242.51 156,278.71 222.73 2,504.55 1,874.47 386.26 2,009.91 PAGE 1 PAYROLL 756,104.71 256.60 0.00 1,756.54 7,028.08 1,866.56 0.00 0.00 0.00 0.00 0.00 2,133.67 11391.91 46,429.44 743.58 46,769.19 32,766.54 21,133.81 0.00 91,980.87 6,233.50 0.00 134,171.85 1,049.60 2,066.40 0.00 8,166.35 0.00 1,507.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,051.50 0.00 13,316.39 0.00 0.00 0.00 0.00 0.00 2,163.20 3,092.80 0.00 0.00 07/27/07 FZABWARR FUND TITLE 183001 183003 183004 183006 185008 216 316 317 401 418 451 458 461 471 478 479 491 505 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #43- 21-OM-2007 TO 27-.TUL-2007 FUND SUMMARY Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA Hurricane Housing Recovery County Capital I&S County Capital County Capital -St Revenue Share Bnd Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES 60.00 550.00 3,382.84 18,677.68 12,146.63 4,000.00 99,004.35 607.96 478,752.88 31,813.41 1,369.71 536.47 26,381.37 11,116.90 952.29 4,329.77 46,552.99 4,010.87 496.22 364,619.91 3,338,353.69 PAGE 2 PAYROLL 0.00 0.00 4,051.91 0.00 1,866.56 0.00 0.00 0.00 66,920.88 23,357.42 1,664.93 688.72 18,304.47 8,421.67 1,426.33 1,214.00 60,195.94 5,920.80 0.00 0.00 1,378,213.82 2. COUNTY ATTORNEY A. Contract for Sale and Purchase Paradise Park Stormwater Improvements Winifred Holmes Liston- The Board approved the contract for sale and purchase with Winifred Holmesd Liston for the purchase price of $60,000 authorized the Chairman to sign the contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. B. Contract for Sale and Purchase- Harmoney Heights Stormwater Improvements — Rhona S. Fromberg and Lynn W. Fromberg- The Board approved the contract for sale and purchase from Rhona and Lynn Fromberg for the purchase price of $19,600.and O Estate Management Corporation for $20,000, authorized the Chairman to sign the contracts and directed staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County, Florida. C. Indrio North Savannas- DoCouto and others Parcel —Settlement offer- The Board approved the proposed settlement offer of $135,000.00. D. Florida Communities Trust- Hackberry Hammock/FCT Project 05- 069-FF5- Option Agreement for Sale and Purchase Grimes/Langel- The Board approved the option agreement for sale and purchase of the Grimes/Langel parcel for $540,000 as shown on the map, authorized the Chairman to execute the agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County. E. Permission to Advertise- Ordinance No. 07-045- Deletion of Section 1-2-2 of the St. Lucie County Code which imposed a local option fee for E911 Service- The Board approved advertising Ordinance No. 07-045 for public hearing on September 11, 2007 at 9:00 a.m. or as soon thereafter as it may be heard. F. Permission to Advertise- Ordinance No. 07-047 Amending Section 1-7-8 to provide that the additional court cost of sixty five dollars and the additional court cost for teen court of three dollars would be imposed against every person who is adjudicated delinquent for a delinquent act- The Board approved advertising Ordinance No. 07-047 for September 11, 2007 at 9:00 a.m. or as soon thereafter as it may be heard. G. St. Lucie County International Airport Runway 9L/27R- South Florida Water Management District Conservation Easement- The Board approved the proposed Deed of Conservation Easement to the South Florida Water Management District, and authorized the Chairman to sign the document. 3. PURCHASING 2 First Amendment to Contract C07-03-171- with R & S Integrated Products and Services, Inc., for Annual Maintenance Laser fiche Software Support - The Board approved the First Amendment to Contract C07-03-171 extending the contract through September 30, 2008 and authorized the Chairman to sign the amendment as prepared by the County Attorney. 4. PUBLIC WORKS A. Contract Extension — Second Amendment to Work Authorization No. 25 (CO3-10-686) for professional soil testing services with Dunkelberger Engineering & Testing Inc. for the Gordy Road Recreation Area- The Board approved Work Authorization No. 25. B. Board approval of Joint Participation Agreement with the FDOT and Florida Ports Council for Taylor Creek Restoration Phase 3 Shoreline Stabilization and Resolution No. 07-234- FSTED's contribution is in the amount of $975,000 towards an estimated total project cost of $1,300,000.- The Board approved the Joint Participation Agreement with FDOT and the Florida Ports Council and approved Resolution No. 07-234. C. Change Order No. 8 to with Dickerson Florida to decrease the contract amount ($717,084,.95) to eliminate street lighting -SR 615 S. 25t' St. Roadway Widening(Midway Road —Edwards)- The Board approved Change Order No. 8. D. Emergency Repair on Indian River at Eden Creek Lane- The Board approved waiving the formal bidding process due to an Emergency repair on Indian River Drive and awarded the construction contract to Johnson -Davis, Inc., in the amount of $49,000 and approved the Project budget as outlined by the Public Works Director. 5. PARKS REFERENDUM AWM Construction Inc. (C05-09-560) Change Order No. 1- Lawnwood Complex- The Board approved Change Order No. 1 to AWM Construction, Inc., contract in the amount of $93,369 increasing the contract amount to $390,469 and authorized the Chairman to sign and approved February 19, 2008 as the revised maintenance building project completion date. 6. PARKS AND RECREATION A. Purchase of two Sentinel Irrigation & one Kronos Clock - Equipment Request No. EQ07-350, EQ 07-351, EQ07-352- The Board approved EQ 07-350, EQ07-351 and EQ07-352. B. Purchase of OSHA approved Flammable Storage EQ07-353- The Board approved Equipment Request No. EQ 07-353. t, C. Request for approval to serve alcohol at Maravilla Park- The Board approved the request to serve alcohol at the request of Maria Madrigal's on August 12, 2007 during the Primera Communion that she is hosting. D. Repeal Resolution No. 06-020 Sports Policy/Approval of Resolution No. 07-222 Establishing Parks and Recreation Department Youth Sports "Provider" policy- The Board approved repealing Resolution No. 06-020 and approved Resolution No. 07- 222 establishing Parks and Recreation Department Youth Sports "Provider" policy and authorized the Chairman to sign the Resolution as drafted by the County Attorney. 7. GRANTS A. Staff requested the Board approve the submittal of an application to the Florida Ports Council, Seaports Capital Improvement Program for funding not to exceed $120,000 for the environmental and engineering assessment of four potential spoil sites and the engineering and permitting of a selected spoil site and acceptance of the grant if awarded. — The Board approved the submittal of the application to the Florida Ports Council and acceptance of the grant if awarded. B. Staff requested the Board authorize the submittal of a grant application to the National Endowment for the Arts, FY 09 Audience Development in the Literary Category requesting $30,000 to assist in the development of the 2009 Zora Fest, and acceptance of the grant if awarded- The Board approved the submittal of the grant application and acceptance of the grant if awarded. C. Staff recommended that the Board authorize the acceptance of a contract amendment from the Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and community Forestry grant Program providing an extension of the grant completion deadline from September 30, 2007 to April 30, 2008- The Board approved the amendment extending the completion deadline. 8. CENTRAL SERVICES Correction to contract number identified on July 3, 2007 Agenda Item No, CA-1 Correct Contract NO. C06-12-800/Dunkelberger Engineering & Testing, Inc., not Contract C07-05-259 as indicated- The Board approved the correction. 9. INVESTMENT FOR THE FUTURE Reallocate IFF funds in the combined amount of $203,331.00 and Jail Pod Renovation funds in the amount of $290,000 to accomplish additional Rock Rock Jail Improvements. 2 The Board approved the reallocation of the IFF Funds to accomplish the following improvements at the jail. 1. Repave parking lot, kitchen delivery and loading area. 2. Replace drainage pipes/make drainage improvements in inmate recreation yard. 3. Complete transport yard/area for inmate transportation to courthouse. ADDITIONS CAL AIRPORT Acceptance of 95% grant from FAA in the amount of $1,300,000 and approve Budget Resolution No. 07-233 for Runway 9L/27RRunway and Taxiway Project- The Board approved the acceptance of the grant and Budget Resolution No. 07-233 and authorized the Chairman or designee to execute same. CA.2 ADMINISTRATION South Bend Estates- K-8 Proposed School Site- The Board approved sending a letter to the St. Lucie County School Board supporting partnering with the School District to acquire this site for a K-8 school and environmental preservation. The County Administrator advised the Board at this point they are committing $900,000 contingent upon receiving a match from the State. However it does not look as if the state will be providing the match. CA.3 COUNTY ATTORNEY Herman's Bay Beach Access Release Letter of Credit- The Board approved releasing the letter of credit posted for Herman's Bay Beach Access. CAA COUNTY ATTORNEY Diamond Sands Subdivision- Release of Original Surety Bond and Acceptance of Replacement Surety Bond- The Board approved the release of the original surety bond issued by Lexon Insurance Company for the Diamond Sands Subdivision improvements and accepted the replacement bond issued by AMS Surety Holdings Corp. REGULAR AGENDA 5.A GROWTH MANAGEMENT Consider the Petition of Top Branch LLC for a change in zoning from AG-1 to the RS-4 zoning district for 19.44 acres of property located on the east side of Emerson Avenue approximately 1.75 miles north of Indrio Road, on the southeast corner of the intersection of Emerson Avenue and Deland Avenue- Draft Resolution No. 07-122- Consider staff recommendation to approve Resolution No. 07-122. 5 Ms. Noreen Dwyer, Ruden McCloskey Law Firm addressed the Board on behalf of the applicant. Quasi- judicial All 5 Board members acknowledged having discussions with the applicant and their representative. Com. Smith questioned going to the Board of adjustment for a variance. Ms. Dwyer reiterated they were before the Board today to request a re- zoning. She advised the Board they would not require a variance in this re zoning. They have presented a site plan for review that would require a variance for the lot widths this particular site plan does meet the overall square footage required in the zoning district. Because of all the dedication of right of way and making the street connections and also accommodating the Stormwater retention area along Emerson, they will be requesting relief from the Board of Adjustment. Ms. Susie Caron, Indrio Road resident, addressed the Board in opposition to the project. Due to the many foreclosures in the county she could not imagine why the Board would consider such a plan. She believed the plan was not compatible and stated she felt we were giving density away for free. Mr. Jay Maycumber, Indrio Road resident, addressed the Board against the density on a road that is already stressed in his opinion. He also expressed his concern with the lots not being the average'/4 lot sizes. Com. Coward stated he believed the RS-4 zoning was appropriate based on the surrounding area. He felt the Board did not have the ability to judge a project based on the market conditions. The variance is not part of this issue and is not to be considered at this stage. Com. Grande stated he felt there was a need to discuss the issue of giving away density. He believes the problem is not with the applicant but with the Board and they need to have methodology in place to correct this today and felt it would be unfair to judge this application on this content. Com. Coward stated when the site plan comes back then they can get into a negotiations stage today' s discussion is about this project being compatible with the surrounding area and he believes it is. Com. Craft stated he felt this zoning was not inconsistent with the area. It was moved by Com. Smith, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.B PUBLIC WORKS Harmony heights MSBU Second Public Hearing Potable Water Improvements FPUA- Consider staff recommendation to adopt Resolution No. 07-232 to levy a non ad -valorem special assessment on the Harmony Heights Municipal Services Benefit Unit; approve the preliminary 0 assessment roll; amend the MSBU boundary and authorize staff to proceed with construction of the project. Ms. Mini Peterson, area resident sent a letter in opposition to her being assessed for the project. She does not oppose the project in general. Ms. Carol Cintonz, area resident, addressed the Board and stated she could not afford the cost of this project. She advised the Board she previously had a discussion about the affordability of the project with someone after receiving a letter and this person advised her she did not have to worry about it. She was told she did not have to pay the assessment. Due to that comment Ms. Peterson did not meet the deadline to apply for the SHIP assistance. Com. Smith disclosed owning property and having relatives in the area. The County Attorney advised the Board there is no conflict with this issue. Com. Craft advised her she could work with staff and fill out the SHIP application and see what they can do. Mr. Tommy Effen, Harmony Heights resident, addressed the Board and expressed his concern with the affordability of the assessment and the deadline for some area residents. He advised the Board he had contacted various residents and advised them of the SHIP program. It was moved by Com. Smith, seconded by Com. Coward, to approve Resolution 07-232, and; upon roll call, motion carried unanimously. 5.0 GROWTH MANAGEMENT (108:00) Petition of Lotux Investments LLC for the development of 78 dwelling units on 10.38 acres, consisting of 12 single family homes and 66 multi family dwelling units- Consider staff recommendation to approve Resolution No. 07-129 granting Final Planned Unit Development Site Plan approval and rezoning the Planned Unite Development for the project to be known as Estancia PUD subject to limiting conditions. Com. Coward requested clarification on the road contribution, i.e. signalization of Cortez and what is the actual contribution to be made by this developer. The applicant advised the Board there is a conflict of the traffic study by their engineer and the study done by Kimely Horn and requested a continuance to attempt to reconcile the two reports. The Growth Management Director requested a 60 day continuance for advertising purposes and so that they can attempt to work out the issue. It was moved by Com. Lewis, seconded by Com. Grande to continue this item on October 2, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 7 5.D GROWTH MANAGEMENT (1:15:12) Application of Plantation Acres, LLC for Final Planned Unit Development Site Plan approval for the development of 46 single family dwelling units known as Plantation Acres PUD, Draft Resolution No. 07-040- Consider staff recommendation to approve Exhibit 1, Draft Resolution No. 07-040, which would deny Final Planned Unit Development Plan approval for the project to be known as Plantation Acres PUD. Staff has determined that as proposed, the Final Planned Unit Development Site Plan submitted by the applicant and dated 27, 2007 has not satisfied the conditions of approval set forth at the April 18, 2006 BOCC hearing for Preliminary PUD Site Plan approval. Staff has determined that this petition does not meet the standards of review as set forth in Sections 11.02.05B and 11.02.1 OB of the St. Lucie County Land Development Code and has been found to be in conflict with the goals, objectives and policies of the St. Lucie County Comp Plan. Should the Board determine that this petition meets the standards of review in Sections 11.02.05B and 11.02.1 OB of the St. Lucie County Land Development Code, and the required purposed of the Planned Unit Development design as per Section 7.01.01 of the County's Land Development Code, staff has provided an additional Draft Resolution 07- 40B with conditions of approval attached hereto as Exhibit No. 2 for the Board's consideration. Staff advised the Board of the key issues: Right of way on Lemonwood Road, applicant agreed to an additional 1 Oft. of right of way along this road on their side towards an ultimate 70 ft right of way. The issue is the process of the improvements to Lemonwood Road and how they would occur. The applicant presented staff with a proposal to go ahead and complete the construction of this road from the west end of parcel one to the east end of parcel one along the northern boundary. This information came in this afternoon. Connectivity of Country Village Road, paved access to the project Koblegard to Indrio Road, identification of future road connection on the final plat, payment of fair share contribution for roadway and infrastructure improvements and this is the signalization of Indrio and Emerson. The flow way connectivity, the use of roads and the flow way path used by public with maintenance by the homeowners association. There is some language that would need to clarified in the information obtained. Com. Coward stated they needed more discussion on the intersection of Indrio and Emerson. He asked if Emerson Estates goes belly up, don't they have certain obligations to meet and if they do not, do they lose their vesting. The Growth Management Director addressed Com. Coward's question and stated according to the new ordinance with regard to concurrency, they're are only vested for 3 years. In the agreement it would depend on the language the Board approved in the agreement. Staff advised the Board there isn't adequate right of way at Koblegard to build it to county standards. Until they show sound agreements from the 8 property owners willing to give the right of way the project cannot be approved because it does not meet concurrency according to the state. The County Attorney stated payback is required back to the county and this was implemented in the 1990's, right of way would need to be acquired before approval. Mr. Brad Curry, applicant, addressed the Board on the continuance and requested he be given the opportunity to present his power point. Com. Smith stated he advised the applicant previously that he was not comfortable going forward with the issue with all the questions requiring answers. He also commented on the staff report where it stated the applicant refused to respond to staff s questions. He stated in is not interested in a continuance due to the fact the applicant has not answered the 23 concerns. He would be more interested in an up or down vote. Com. Grande stated he was disturbed with the approach taken by the applicant as far as coming in today the last day with 2 updates and are hoping to be weighed into the decision process, he does not believe they should be doing business in this manner. Com. Lewis stated she had met with the applicant and was under the impression there were 6 issues remaining she was more inclined to continue and listen to the presentation. Com. Smith asked if in fact there were only 6 issues remaining from the 23. Staff stated this was in fact correct most of the questions were resolved. This has been a process that has had many changes along the way and some at the last minute and staff has not had the time to appropriately review them. The Growth Management Director addressed the process and the mistakes that could occur with last minute submission of information. Com. Craft stated his concern is Koblegard Road and the recommendation to wait and not get plat approval until after the road was constructed. After listing to the County Attorney's comments he felt very hesitant on this recommendation especially since this project does not meet concurrency and he would like to see this issue worked out before it comes back before the Board for consideration. Com. Coward stated he felt the PUD was the appropriate thing and he believes they should give the applicant a date certain that says you will respond to our staff issues by a date certain. He is not prepared to completely deny this project tonight. They are not increasing the density, they are incorporating the flow way and the roads. There have been adversarial aspects, but there have also been other issues to consider as well, he would like to see a continuance. E The applicant stated all 23 issues have come down to six and of those six it has come down to one and that is Koblegard Road and that is an opinion difference of staff and his opinion. Com. Craft recommended working with staff with regard to the right of way issue and also to create the language they are talking about and have the County Attorney review and make a recommendation to the Board if it is accurate. The applicant expressed his concern with the TVC deadline of August 16, 2007 and although he is not sure his project is relative to the TVC he would like a waiver of this deadline. The County Attorney recommended asking staff how long they would need to process this application. Staff stated it would also depend on how long the applicant would need and due to the other issues coming up with a deadline of December for transmittal, he recommended a date in the month of October. The County Engineer addressed the issues and stated they have had difficulties in bringing this project in with the TVC vision, the applicant is not cooperative in that manner. The applicant stated they were not aware the county was going to make the Country Village Road a requirement until last week. He believes they have done numerous things with the project to come in line with the TVC at all possible. They are proposing to have a 60 ft. right of way and the area behind lot 17 is common open space. Com. Coward stated he would like to see this issue of putting in the approach resolved and the connection made and would like to see this developer contribute toward the Bridge. He does not support $500,000 for 40 cars at a signal and would like to see a portion of that towards this contribution. The Assistant County Administrator stated in the meeting they had with the Board members on Friday and Growth Management staff has agreed, in looking at what was placed in the development order staff indicated they missed the signalization and felt it was not appropriate to have this developer contribute the $500,000. Staff thought it was a good idea to look at some type of contribution towards the bridge elevation. She stated if the Board is going to continue this, staff recommendation is to deny and she has not changed her position. She reiterated deadlines staff had to meet and stated if the Board is going to continue this item the applicant needs to work within that time frame. She requested the Board not put her staff through this process again, deny this application and let staff proceed with other projects. Com. Craft stated he did not believe they needed to pursue this connection. Com. Lewis concurred with Com. Craft. 10 Mr. Blanco, applicant addressed the Board and stated they had been working with staff and the Regional Planning Council to comply with all the guidelines and would like the Board to know they have indeed been working with staff on the issue. He stated some issues remain due to the TVC aspects and they are willing to consider these aspects. There are questions about the TVC and how it will be applied to these types of PUD's. The County Engineer stated this was a critical location to extend the Blueway to the south. Com. Craft stated he believes the Board needs to give clear direction when it comes to the TVC. Mr. Jones stated the flow way connectivity issue needed to be addressed. Ms. Wood, TVC Planning Manager stated at this point she felt this was not the proper venue to discuss TVC application. They are working with the Regional Planning Council and meeting with applicants. Com. Coward asked for a consensus with regard to the need for the bridge and require they set aside dollars for that project so that they would not need to discuss this issue once again. The balance of the Board members concurred with the need. The applicant agreed to pay for the re -advertising of the public hearing. Mr. Sal (unintelligible last named) property owner on the east side of the project, addressed the Board regarding Koblegard Road and stated he was not sure how this would relate to his property. He has had discussion with Lennar Homes providing some property however he stated he needed to know where Koblegard Road would be going it seemed to him on the map it looked as if it would be going through his property. He stated all the planning in this intersection is dependent on someone making a decision. Com. Craft stated it would based on the State comments and the TVC requirements. After continued discussion, it was moved by Com. Grande, seconded by Com. Coward to continue this item for a date uncertain with a not to exceed time table of 6 months for the TVC requirements, and; upon roll call, the vote was as follows: Nay: Smith, Aye's: Coward, Lewis, Grande, Craft; motion to continue carried by a vote of 4 to 1. 5.E GROWTH MANAGEMENT Petition of SP Recycling Corp. for a Major Adjustment to an approved Conditional Use Permit to allow for the operation of a Recycling Transfer Station in the IH zoning district located at 9901 Range Line Road. - Consider staff recommendation to adopt Draft Resolution No. 07-043 granting approval to the application of SP Recycling Corp. 11 Mr. James Finley, Director of operations addressed the Board on this issue and advised them of what the operation would entail. Mr. Philip Stickles, area resident, questioned the impact of the additional traffic on this road. Mr. Finley addressed Mr. Stickles concerns. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 07-043, and; upon roll call, motion carried unanimously. 5.F COUNTY ATTORNEY Ordinance No. 07-016 Amending Occupation License Fees to change the name to Business Tax and increase fees by 5% pursuant to Section 205.0535 Florida Statutes- This is the first of two public hearings — No action required at this time. The Asst. County Attorney advised the Board of a Scribiner's error and advised the Board it is being corrected in this ordinance and the tax collector has collected the correct amount. 5G. GROWTH MANAGEMENT Petition of St. Lucie Oaks Commercial LLC for Preliminary Planned Non - Residential Development Site Plan approval on a parcel of land consisting of 4.64 acres with an existing PNRD and CG zoning district designation limiting the site to a maximum of 36 guest units/acre and a Future Land Use designation of Commercial to PNRD for the development of a four-story eighty eight room hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet and an office building consisting of 9,008 square feet located on 4.64 acres. Draft Resolution No. 07-002- Consider staff recommendation to approve Draft Resolution No, 07-002 granting Preliminary Planned Non -Residential Development Site Plan approval with limiting conditions. Mr. Bob Burson representing the applicant addressed the Board accepted the recommendation as stated. Mr. Morris Grady, VP Lucido and Associates, addressed the Board and reviewed the conditions which have already been met. They have received the Environmental permits and also have posted a sign for the contractors with regard to the Indigo snakes in the area. They have allocated 25 Oak trees, 18 feet high for the project/ Ms. Pam Hammer, Reserve resident, addressed the Board and thanked the developer for the work done on the curbs. She had previously expressed concerns on the curb cuts in and out of the project. 12 Quasi —Judicial All the Board members acknowledged having contact with the applicant on this project. It was mobbed by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 07-002, and; upon roll call, motion carried unanimously. 5.H GROWTH MANAGEMENT Application for a Major Adjustment to an existing Conditional Use to relocate a ditch at the St. Lucie County International Airport- Consider staff recommendation to approve Draft Resolution No. 07-139 granting a Major Adjustment to the Existing Conditional Use with limiting Conditions. It was moved by Com. Smith, seconded by Com. Grande to approve Resolution No. 07-139, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 13 (7%3/2007) Miss Stadle - Fwd: Gang Presentation by Israel Pale 1 From: Eva O'Donnell To: Pentz, Ja'net; Stiadle, Missy Date: 7/3/2007 10:59 AM Subject: Fwd: Gang Presentation by Israel Attachments: Gang Presentation by Israel CC: Smith, Carin Please place on August 14th BOCC agenda. See attached request. Thanks, (7/3/22007) Missy St adle Gang Presentation by Israel- 9 e 1 n_ From: Carin Smith To: O'Donnell, Eva Date: 7/3/2007 9:29 AM Subject: Gang Presentation by Israel As discussed yesterday, Commissioner Smith would like to request some time set aside in the agenda on August 14 for a brief presentation by our intern, Israel Ross on his research on the issue of gangs in our community. He'll be joined by a couple of experts -the presentation should run 15-20 minutes. Thanks! CCS Carin Smith, Executive Aide Joseph E. Smith District 1 St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5652 (772)462-1410 A Planned Unit Development that is proposed in any Agricultural Future Land Use Category shall conform to the following open space standards, a_ For any Planned Unit Development, equal to or less than 160 acres in gross area and involving eight (8) or less lots or parcels, a minimum of 50% of the gross land area to be committed to the planned unit development must be for use as open space, of which 35% of the gross land area is to be retained as common open space_ For the purpose of this paragraph, open space, in an agricultural PUD, including the required common open space, may include, parks, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common recreation areas, common open space, common landscaping and planting areas, pastures and Productive agricultural areas which may be held in either common T1 Tfs'W' rn tvi ua mteres ,, ol�cne� dI as 111 public purpose or use other than street, road or rai age rights -of -way, common parking ..areas and above ground utilities, excluding stormwater treatment facilities. For any Planned Unit Development, greater 160 acres in gross area or eight (8) divisions, a minimum of 80% of the gross land area to be committed to the planned unit development must be for use as open space, of which a minimum of 35% of the gross land area is to be retained as common open space which may include, parks, recreation areas, bicycle and pedestrianpaths and facilities, marinas, swim- ming beaches, common open space, common landscaping and planting areas, Or other areas of public purpose or use other than street, road or drainage - rights -of -way, above ground utilities, excludingstormwatertreatment facilities, and . parking areas. :oasdy Land Development Code Revised ThroWh 05/I-W4 t,yust 1,19W 7 - 8 (D W cc O W Q U W U) 0 Q J LO J Q cc J U RE Q Q a m cc cr W w — W W N W W C U y y U c CD O C U 0 7 C= N L d y O) 3 m m 5-,22 a w t o m �••• U C N m a1 O_ U 01 m E p N m O O LO d C U CO cq W U > 0 O a N O ccd om L d J E N" m O` U L OO X m m W t=n _ c > m m CO p m 3 m >L W O C 7 13 V) _ .2 to O Cl) cc m � c to C m W a O LL U ._ o — a ao C O m U (D � Q) C a0 'C m U N L m C m aa0) m m o c m m C a D (a W w o m n L 0- o— O 0 coa 'a E o m -0 L m O ,.. CL C n C O m c E2 0 O m a N O > > Tcoc c ro c m � 0 'n cd 7 O r- (D U-FDE a :3 E c °w -2 W L O ... u1 � L •C 7 D C o .O ao a E y m m U 0 a p d a cG C m m m'N m W N N C a O U U ` m L O d i W a) C m C v T cmEda0m m 0 O d n to N O m m 'U R m U i m C Al d co N 0 o� m d c 7 m c m ca m 0 0 `m a m c O N 0 E 7 9 E it m m m m `W dJ m m c m a C m N Q ui N CD Q v N J Q D J D U Q 0 Q G-1 c � m W ca m 7 W U m C co O m W L L ~ m 3 m m UW N co 0 L U m c m � L � U O 3 m a m `O m U m •C f/1 m U m m ? C U .mp 0 � c .D o iG C O m O' aaCD m m C �r 3 0 0 o m v m M L D o m ao c m =3 U Oc aa) r a c • O 0 W m Boa � •O m m N c m •c m L o y O m ova �a)� •om E A? d m m c am oL. F m c pj O) m _(D y y m d CO C � � a m LD _ m N lu U c N C .Y F m m Lo CD C O N a O d m N w U 0 a O a C m E a O m m a m C c W a m L rn c O a D d d m m .m y E C m `o N U) m X m c C 2.. O m U W C N 7 m C CD U c C m L m rmn O O 2- 0 d N m N L.. m x o c � U1 7 m � W m W m p o LL co O � C L o � - n C L U E o o U C � m c � cn C U O W U � a O (D co a 0onci W m E > a m _o U m 7 _T > 0 'c a Es �j o d o CO C CL 0 0 m U o m m 0 L (D W U m- � O � T Iwo 7 r�C3 m 7 Y N W 3 .5 N d m (A N O o� (n N m d 'c 7 CD c O CD cc In In O 0) `m d .9 ._ O V O E E E m i6 m m d m to al c m a W C m :O fA m N 1-t 00 N N ([Y t U C A m � m m O ca cc J m U. U. LO r Agenda Request Item Number: /19 Meeting Date: 4110/ v Consent [ j Regular [ X ] Public Hearing [ ] Leg. j ] Quasi -JD j ] To: Board of County Commissioners Presented By Submitted By: Growth Management Bob Nix, Director SUBJECT: Request for direction regarding Board policy and comprehensive plan interpretation regarding open space and clustering in Agricultural 2.5 and 5 Planned Unit Developments. BACKGROUND: On January 20, 2004, the Board approved the Carlton Country Estates subdivision. This remains the only subdivision approved in an AG-5 or AG-2.5 Future Land Use category that is subject to the plan policies regarding such subdivisions. Carlton Country Estates remains an exception to the rule, because the Board of Adjustment granted a substantial variance from the minimum 35% common open space requirement. Therefore, the administrative practice and history regarding such subdivisions is limited to this one case. FUNDS AVAILABLE: When Shinn Lakes Agricultural PUD was heard by the Planning and Zoning Commission on march 15`", it was continued to allow the Board to determine the clustering and open space requirements for Agricultural 5 and 2.5 PUDs. Shinn Lakes PUD proposed to use yards as required open space. Consideration by the Board of County Commissioners of the Hunters Run Planned Unit Development was postponed until April 171h to allow the Board to make a decision on this issue. Hunters Run proposes to donate land to the county as a match for an environmental land acquisition using Florida Communities Trust grant funds, and provides approximately 35% common open space, counts yards toward the BO% total open space requirement, but also provides approximately 57% common open space including the conservation areas. The staff is seeking Board guidance to finalize its staff reports on these projects, and several others that have not yet come forward to public hearings. Not applicable. PREVIOUS ACTION: Adoption of the Comprehensive Plan Compliance Agreement on January 6, 2004. Approval of Carlton Country Estates Subdivision, which had a Board of Adjustment open space variance, on January 20, 2004. RECOMMENDATION: Discuss the comprehensive plan and code requirements for open space and clustering in AG PUDs and provide guidance to the staff. COMMISSION ACTION: 1 l - I APPROVED 0 OTHER Approved 5-0 = DENIED CON RENCE: D glas M. Anderson County Administrator Coordination/ Signatures County Attorney Mgt. & Budget: Purchasing: Finance.: Fire Dept: Public Works: Environ, Resources; Utility: Other: COMMISSION REVIEW: APRIL 10, 2007 GROWTH MANAGEMENT DEPARTMENT (insert division name) MEMORANDUM TO: Board of County Commissioners FROM: Bob Nix, Director of Growth Management 17rr /U%jf DATE: April 6, 2007 SUBJECT: Agricultural 5 and Agricultural 2.5 Planned Unit Developments Staff is requesting Board direction regarding the definition of the term "open space" and the calculation of minimum required open space for Planned Unit Developments that are proposed on lands located in either the Agricultural 5 or Agricultural 2.5 Future Land Use Map Categories. Staff also needs direction on how development is clustered in these cases, as a direct result of the open space requirements. The comprehensive plan requires that open space and clustering of development for such subdivisions be provided as follows: A. OPEN SPACE -Plan Requirements and Open Space Definition 1. For proposed Planned Unit Developments on 160 acres or less, with over 8 dwelling units, 50% open space, 35% common open space (included within the 50% total open space), but the common open space requirement is relaxed for proposed Planned Unit Developments in this size range by a permission that the common open space may be either owned in common or individually (Future Land Use Element, Policy 1.1.2.3, attached); 2. For proposed Planned Unit Developments on over 160 acres, with over 8 dwelling units, 80% total open space, 35% common open space, the common open space in Planned Unit Developments in this size category is required to be held in common (Future Land Use Element Policy 1.1.2.3, attached); 3. Open space is defined in the comprehensive plan as follows: "Ali development within the AG- 5 and AG-2.5 future land use categories will be required to preserve open space, which is to be defined to include, but not be limited to, agricultural activities such as groves and range land as well as preservation of natural areas...."(according to the criteria summarized in items one and two, above). (Future Land Use Element Policy 1.1.2.3) B. CLUSTERING -Plan Requirements For all proposed Planned Unit Developments in the Agriculture 5 and Agriculture 2.5 Future Land Use Map categories that create any new street, road, or other public or private infrastructure, development is to be designed in a manner that provides for the grouping or April 5, 2007 Subject: Agricultural PUD Open Space Page 2 concentrating of all development in areas and activities in order to minimize the cost of providing infrastructure and community services to these areas while maintaining a minimum of 80% Open Space (gross area) (Future Land Use Element Policy 1.1.2.2) The Land Development Code has language to implement the plan requirements noted above. A copy of the appropriate Land Development Code provisions is attached. The Land Development Code does not further clarify the definition of open space in the comprehensive plan Future Land Use Element Policy 1.1.2.3 referenced above, but instead broadens the definition to a form that is similar to, and could potentially include, the term "yard". Below is a comparison of the definitions of the terms "open space" and "yard" that appear in the Land Development Code: The code defines open space and yards similarly, but not exactly alike, note the following: OPEN SPACE YARDS Any parcel or area of land or water that is An open space at grade between a building set aside, open and unobstructed to the and the property lines of the lot on which sue, and designated or reserved for public the building is located, unoccupied and or private use or enjoyment. unobstructed from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. In the past, staff has taken the position that yards are a subset of open space, and that the 50% and 80% open space requirement in the comprehensive plan allows yards to be counted as credit toward minimum required open space in proposed Planned Unit Developments that are located within the Agriculture 5 and Agriculture 2.5 Future Land Use Map categories. correct interpretation of the code in 15'l—ement Policy 1.1.2.3, see item A.3., above, expresses an intent to preserve as open space, "agricultural activities such as groves and range land as well as preservation of natural areas....". Staff needs to understand the meaning of tIimitAd to..." in the com rehensive Ian off ' Our uncertainty at this point stems from a lack of clear Ire ion on this point. We now believe that either this phrase was intended to include all types of opens spaces, including yards, or it was meant to include similar types of open space, and not to include dissimilar types of open space, such as yards. April 5, 2007 Page 2 Subject: Agricultural PUD Open Space Therefore, staff is requesting the Board of County Commissioners to interpret the comprehensive plan Future Land Use Element Policies 1.1.2.2 and 1.1.2.3 to define the open space required to be provided by Agriculture 5 and Agricultural 2.5 Planned Unit Developments, and to, in doing so, clarify the intent of Policy 1.1.2.2 regarding clustering to minimize infrastructure costs. To assist the Board in its discussion, the agenda memorandum and backup from the Board meeting of October 7, 2003, is attached. 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NONRESIDENTIAL ACTIVITY: As used in Section 6.03.00, Welf9eld Protection, means any activity occurring on any described parcel of land, whether or not within a structure, with the exception of residential activity as defined herein. Those nonresidential activities which do not most the definttiOn.criteria of existing nonresidential activity as defined herein, shall be defined as new nonresidential activities. NON -RIGID OR FLEXIBLE STRUCTURES: As used in Section 6.02.01. Coastal Area Protection, include, but are not limited to, beach and dune restoration, sand fencing. and stabltzation with beach and dune vegetation to reduce or control vegetation. NURSING HOME: An institution, public or private, that provides twenty-four (24),hours of.nursing,c tefor three ,(3) or more unrelated ind'n►iduais and is preseroy.lieensed. pursuant 10 Section 400.DB2, t~lorida: Statules', OFF -PREMISES SIGN: A sjgr that advertises a use, establishment, product or.service sold, produced,.mantifactuN4 or furnished at a place other than on the real property on which said sign is located. OFFSTREET PARKING: Any .area except a public right-of-way, used for the Purpose of ,part frig, storing, or display . of vehicles, boats, trailers, and mobile homes, including used.car. fots: and other open lot uses. ONE FOOT DRAWDOWN CONTOUR: The locus of points around a wellhead or weilleld where the free water elevation is lowered by one (I I due to a specified pumping rate of the well or welifteld. ONE -HUNDRED -YEAR STORM-OR.100-YEAR STDRM: A shore incident hurricane or any other storm with accompanying wind, wave and storm surge. intensity having a one (1) percent chance of being equaled or exceeded in any given year, during any 100-year interval. ON -PREMISES SIGN: A sign that advertises or directs attention to a use, establishment, product: or service• located or available on the same, premises. OPEN SPACE: • �cel or area of land or water that Is set aside, .open aril unobstructed . to the sky; aunt' designated or reserved for public or private use or -enjoyment. r OPEN ' RCE COMM�t �j; . p or area or tend or water in or related to a development site that Is set aside and4mignated or reserved for the use or -enjoyment of the pubic or the•residents,.occxupents,and/or owners of the deveiopmient or projeCtsite. Common open space areas:shai noi.be wai fdualy owned except by a.reoogrrized •unit of local or state government Man entity oF.organW tfon acceptable to SL Lucie County. OPEN WATER AREAS: Those waters defined as state jurisdictional waters herein. se. Lucia omnyLard Dwoupw otCoe. AdopbdAL001,1800 2-28 ilsri.adib000h 504 Any disruption or displacement, of wetland substrate or bottom sediments or contours, ft also means the.excavafion or creation of a water body which is or will be connected to jurisdictional wetlands as defined in. Section 6.02.03 (B). WETLAND FILLING: The placement of any material in, on, or over a jurisdictional wetland. WETLAND FUNCTIONS: The roleswwetiands serve, including but not timltedto. flood storage,. flood - •-- protection. nutrient removal, food chain support, wildlife habitat, breeding al fishery species, and recreational values. wiveyance,,ground . enhancement and _ habitat grounds for WETLAND MITIGATION: The compensation for the joss of wetland acreage, value and functions by the creation of new wetlands or the •enhancement of existing wetlands. WHIP.ANT A.cylindrical antenna that transmitssignals lilt 360 degrees, WHOLESALE TRADE: The sale of goods for -resale by a retail.establishment.to the ultimate consumer. An open space at grade .between a building and the property lines of the lot on which the building, is located, unoccupied and unobstructed from..the ground upward, exoept.as otherwise &ovided herein. In measurirg,4 yard.tor the purpose.of dbtermbing the deDth,;of a. sine. yard, the; d*h of. a front yard, or, the depth of a reaq yard, the minimum horizontal dWi.inco between the lof line and the main building shag be used. YARD, FRONT: A yard extending.across the front of a lot, bounded by the side lot tines, -front property line and -the -front of fhe main building or any projections thereof. to all. cases, the .main. building and any projections thereof must be behind the line of minimum lot width. YARD, REAR: A:yard extending across the c�ar.o1 a lotbe on.the side oi.lines andthe rear property tine, and being the required mjnimUm horizontal distar►ce between the;rear property One and the rear of the main building or any projections thereof. On all lots the rear yard shall be at the opposite end of the lot from the front yard. _ • . YARD, SIDE: A yard between the main building and the side line of the lot, extending from the required fronf jr to the required rear yard, and being the minimum horizontal distance between a side property line and the side of the main budding or any projections thereof. YARD TaASIi: . Means vegetative matter resulting from landscaping maintenance and land clearing operations. ZONE OF PROTECTION: I . Those areas around public water supply wel fields meeting the criteria in Section 6.03.02. SttKIPcouytwwDWOMP r1cods 2_,1,4 Rrris�d7►ro�RfiO'915A� Adopbd Aup xO 1. "M 1. The advance dedication of all common open space to a pubic, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any build'mg permits, including land doming, for any portion of the Planned Unit Development ;or, 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on H. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. b. No parcel of land identified for use as a park or common open spa .shabe less than one (1) contiguous acre, and all such areas shall be physically part the Planned Unit Development. C. Areas provided or reservedo meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets fhe requirements of this Code. 2. A Planned Unit Development that is proposed in any Agricultural Future Land Use Category shall conform to the following open space standards: i a For any Planned Unit Development, equal to or less than 160 acres in gross area and involving eight (8) or less lots or parcels, a minimum of 50% of the gross land area to be committed to the planned unit development must be for use as open space, of which 35% of the gross land area Is to be retained as common open space. For the purpose of this paragraph, open space, In an agricultural PUD, including the required common open space, may include, parks, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common recreation areas, common open space, common landscaping• and planting areas, pastures and productive agricultural areas which may be held in either common interest, individual interest, or other areas of public purpose or use other than street, road or drainage rights -of -way, common parking _areas and above ground utilities, excluding stormwater treatment facilities. For any Planned Unit Development, greater 160 acres in gross area or eight (8) divisions, a minimum of 80% of the gross land area to be committed to the planned unit development must be for use as open space, of which a minimum of 35% of the gross land area is to be retained as common open space which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swim- . ming beaches, common open space, common landscaping and planting areas. -or other areas of public purpose or use other than street, road or drainage - rights -of -way, above ground utilities, excluding stormwatertreatment facllities,and . parking areas. a.LmecmnLsdDMkpowdCode WopW AU" h.10D b. A minimum of fifty (50) percent of -any existing native'upland Habitat on the property. must be preserved in its natural condition as part of the required operi space.- For each acre of preserved native habitat above the required minimum 50 percent that is preserved in its orlginal state, credit sM- 111 be given at a rate. of 150 percent per acre towards the remaining open space requirement. him - Identified as paft of the Preliminary Development Plan for: the Pjawwd Unit Development. Areas that are noodways, lakes; wetlands, and stormwater.retention areas may be applied to satisfy the total open space requirement, subject to the requirement that 5001. of any existing nature habitat on the property must be included as part of the required 80% open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide fir one of the following. 1. The advance dedication of all!open space to a public, or acceptable private; agency, that will, upon acceptance, agree to maintain the open space and any buildings, structures or improvements that have been •placed on it: All such ded' § or conveyances shall be -completed prior to the issuance of any bu permils, including land clearing, for any portion of the Planned UnitDevelopment; or, 2. A phased conveyance 61 the land to a public or acceptable private .agency that will, upon acceptance, agree to maintain the open space and any -buildings, structures or improvements: that have been -placed on it The schedule for the phased conveyance of any such lands to be used for open - space shall be a specific condition of approval for the Planned Unit Development; or, 3. The Identification of restrictive. easement - or plat dedication that would 'serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of v9s section d. No parcel of land'•fdentiiietiforuse as'a:open space skull be less than one (1) contiguous acre; and all such areas shalt be physically,part of the Planned Unit DevelopmenL e. Areas provided .or -reserved to meet any other environmental preservation or protection -requirement of this code or other lawful regulatory authority may be counted towards the overall open space requirement, provided that the open space meets the requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adl'acent.to land used for agricultural purposes, or designated for - agricultural use on the Future Land Use Map of the SL Lucie County -Comprehensive Plan, shall providdlaetbacks from the agricultural land sufficient to protect -the function and operation of those uses frorin•the encroachment of Urban activities or uses. 5<tawcourttart!tt.,"VumdC- 0400W Avid 1. log 7-9 Avid AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Development Review Backlog BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum ITEM NO. DATE: in uni E - H . REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Daniel 5. McIntyre RECOMMENDATION: Staff requests further direction from the Board as to whether the Board desires staff to advertise Ordinance No. 07-038 and Ordinance No. 07-045 COMMISSION ACTION: [ ] APPROVED [ ] DENIED $CJ OTHER: Pulled prior to meeting. Review and Approvals County Administrator County Attorney:` 0 17►, Management & Budget Purchasing: Originating Dept. Public Works Dir: Finance: (Check for copy only, if applicable) County Eng.: Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-1186 DATE: July 5, 2007 SUBJECT: Development Review Backlog BACKGROUND: At the request of staff and pursuant to direction from the Board, the County Attorney has drafted for discussion purposes Ordinance No. 07-038 otherwise known as the "Stop -Gap Ordinance." The main purpose of the ordinance is to temporarily stop the submittal of certain development applications to allow the staff to process the current applications and to allow the Board to consider certain changes to the Land Development Code that will hopefully help improve the process. Also attached is draft Ordinance No. 07-045 which contains "interim code changes" proposed by the County's Growth Management Director. The purpose of the code changes is also to improve the process and eliminate the backlog. RECOMMENDATION/CONCLUSION: Staff requests further direction from the Board as to whether the Board desires staff to advertise Ordinance No. 07-038 and No. 07-045. Respectfully submitted, r� Daniel S. Mc ntyre 01- County Attorney D5M/caf Attachments FOURTH DRAFT 7/05/07 ORDINANCE NO. 2007-038 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"), PROVIDING POSTPONEMENT OF ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT PERMITS AND DEVELOPMENT ORDERS WITHIN THE UNINCORPORATED COUNTY CONCERNING DEVELOPMENT; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, PROCESSING ORDER; EXHAUSTION OF ADMINISTRATIVE REMEDIES, TERM; APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Board of County Commissioners (the "Board") is presently working through its consultants to enact changes to the County's Land Development Code to modernize and streamline the development review process and to ensure that the review process provides County staff sufficient time to conduct quality review of development applications, so that the public health, welfare and safety is protected and the aesthetic, and environmental resources of the County are further enhanced and protected from impairment; and WHEREAS, in March, 2007, the County consultants discussed proposed amendments to the St. Lucie County Land Development Code Chapters 10, 11, and 12 with the Board of County Commissioners and the St. Lucie County Planning and Zoning Commission at a work session; and WHEREAS, the Board of County Commissioners and staff initiated comprehensive plan amendments in May and June, 2007 in changing provisions of the Comprehensive Plan; and WHEREAS, the proposed amendments will be scheduled to be heard by the Planning and Zoning Commission again in XX, 2007; and WHEREAS, the initial hearing on the proposed amendments will be scheduled before the Board in XX of 2007; and WHEREAS, an important element of the County's growth management strategy includes development and implementation of balanced land development regulations and -1- appropriate comprehensive plan policies that will allow County staff adequate time and provide the necessary policy and regulatory provisions to manage the emerging trend for extensive development activities arising within the County; and WHEREAS, the continued acceptance of applications during the pendency of proposed amendments, creates a danger that adequate and comprehensive review may not result, and that inconsistent determinations may be made which are contrary to the emerging trend for development activities; and WHEREAS, the Board desires to insure that during the pendency of the necessary study activity, presently underway, for the formulation and implementation of the necessary and appropriate land development regulations reference herein, that requests for processing and approval of additional plan amendments, amendments to the Official Zoning Atlas, and development orders for new development within the scope which is described herein, are postponed until the County's land development regulations (the "Land Development Regulations") are prepared and implemented; and WHEREAS, a limited period of time during which the acceptance of applications are postponed until there can be a complete and final review of the proposed amendments serves the public interest and based upon the provisions of this Ordinance, will not unduly prejudice potential applicants; and WHEREAS, the County Local Planning Agency has reviewed the regulations set forth in this Ordinance and has determined that such regulations are consistent with the applicable provisions of the Comprehensive Plan of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals is hereby adopted and confirmed. Section 2. Postponement; Applicability. A. During the time that this Ordinance is in effect, as specified in Section 7 below, no applications for comprehensive plan amendments, amendments to the Official Zoning Atlas, or preliminary or final development orders, as that term is defined in Section 163.3164, Florida Statutes, concerning development on any property in the unincorporated County shall be accepted for processing, except as provided in Sections 3 and 4 herein. This ordinance -2- shall not apply to applications for building permits or to applications for vegetation removal permits. B. Notwithstanding any other provision, the postponements required by this ordinance shall not apply to: 1. any public purpose project which is required by any government entity, including but not limited to any project or facility proposed by the School Board of St. Lucie County or the St. Lucie County Fire District; nor 2. any development which is protected from a change in county ordinances to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements which have been previously entered into. C. That notwithstanding anything to the contrary above, the postponements of this Ordinance shall not apply to new applications for final development orders following the application for a preliminary development order existing on the effective date of this Ordinance. Such applications shall be processed behind all existing final development order application in the order of date/time received. Section 3. Waivers. Notwithstanding Section 2 above, an applicant for development of property may apply to the Board for a waiver to the prohibition against processing such application. The Board shall consider such an application at a public meeting held within 45 days of receipt of the application by the County. If, at the public meeting, the applicant demonstrates to the Board's satisfaction that the application 1) will not detrimentally affect the preparation and implementation of the Land Development Regulations; 2) will be compatible with surrounding land uses; and 3) will not impair the public health, safety or welfare, then the Board may allow that application to be submitted, reviewed and processed concurrently with the Land Development Regulations. Any new application accepted for processing will be processed after all existing applications are closed by the County staff and in order by date and time received. Section 4. Vested Rights. A. Nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: (1) A governmental act of development approval was obtained prior to the effective date of this Ordinance; and -3- (2) Upon which the property owner has detrimentally relied, in good faith, by making such a substantial change in position or incurring such extensive obligations and expenses; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. B. That any property owner claiming to have vested rights under this Section 4 must file an application with the Board for a vested rights determination within 30 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the County Administrator and other documentary evidence supporting the claim. The Board shall hold a public hearing on the application and based upon the evidence submitted shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in this Ordinance shall not be applied. C. Any new application accepted for processing pursuant to this Section 4, will be processed behind all existing applications in order of date/time received, except when the record supports that delay in processing would materially and adversely affect the applicant. Exceptions must be directed by the Board of County Commissioners. Section 5. Appeals. Appeals from final decisions by the Board under Section 3 or Section 4 of this Ordinance shall be by the filing of a Petition for Certiorari in the Circuit Court of the 19th Judicial Circuit in and for St. Lucie County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of local government agencies. Section b. Processing in Order of Date/Time Received. Applications permitted to be processed in order of Date/Time received shall not be subject to any review requirement on time limitation for review in the St. Lucie County Land Development Code until those applications become first in line following the processing of all preceding applications. Section 7. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 8. Term. The time period for the postponement of processing applications for comprehensive plan amendments or development orders imposed by this Ordinance is -4- temporary and shall be effective for the earlier of 1) a period of one hundred eighty (180) days from adoption hereof, or 2) the effective date of the land development regulations related thereto, the formulation and adoption of which shall be expeditiously pursued. The duration of the 180-day time period may be reasonably extended, if necessary, for up to an additional sixty (60) day period by Resolution of the Board. Section 9. Applicability. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Section 10. SeverabiIT If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 11. Effective Date. This Ordinance shall be effective upon filing with the Secretary of State. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Charles Grande PASSED AND DULY ADOPTED this ATTEST: XXX XXX XXX XXX XXX day of , 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ITA Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney -5- ORDINANCE NO. 07-045 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.02.01, PRE - APPLICATION CONFERENCE, BY ADDING PARAGRAPH B, APPLICATION INTAKE AND REVIEW SCHEDULES, TO IMPROVE THE APPLICATION PROCESS AND ELIMINATE THE BACKLOG OF APPLICATIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16,1993 93-03 - February 16,1993 93-05 - May 25,1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6,1999 99-03 - August 17, 1999 Underline is for addition 5#rike Threagh is for deletion Ordinance #07-045 Page 1 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07- April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07 - January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-17- May 30, 2006 06-18 - May 30, 2006 06-22- July 18, 2006 06-30- September 12, 2006 07-017- June 5, 2007 3. On the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 5. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 6. The proposed amendments to the St. Lucie County Land Development Code are clarifications to the existing code and are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. Underline is for addition �#-ike Threngh is for deletion Ordinance #07-045 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER XI ADMINISTRATION AND ENFORCEMENT 11.02.00 PROCEDURE FOR REVIEW OF SITE PLANS 11.02.01 PRE -APPLICATION CONFERENCE AND SCHEDULING APPLICATIONS FOR REVIEW A. Prior to filing for site plan review, the applicant is encouraged to meet with the Community Development Director to discuss the development review process and to be informed of which staff members to confer with about the application. B. Application intake and review schedules shall be established by the Growth Management Director or designee, as follows: 1. An intake schedule shall be established administratively to receive applications for site plan review, planned development review, rezoning conditional use permits variances subdivision review, final plat approval. comprehensive plan amendments, and text amendments to this code or the comprehensive plan. The intake schedule shall provide that such applications will be received once per month on the days and times. and at the location(s). specified by the Director of Growth Management. 2. The intake schedule shall provide for a limitation on the number of applications that will be accepted on the established once per month schedule for receiving applications. Underline is for addition S#m-H a Through is for deletion Ordinance #07-045 Page 3 3. Once accepted during the scheduled intake period, applications shall be reviewed for completeness in the order of the date and time received. 4. Once found complete, applications shall be scheduled for the next step of review in the order of the date and time found complete. 5. At each subsequent step in review, applications will be scheduled for the next step in the review process in order of the date and time the previous step was completed. 6. The time limitations in the Land Development Code shall not begin to toll until an application has moved down the list to the point that it is number one on the list. 7. No application will be processed for any step in a review process, starting with completeness review and continuing to the decision, until it has a low enough number in the queue of applications to be added with any preceding applications on an agenda. 8. The Planning and Zoning Commission agenda will be limited to as few as one and as many as eight items, except for twice per year comprehensive plan amendments which shall not be limited in number. The number of items on the Planning and Zoning Commission agenda will be determined by the Growth Management Director based on his or her perception of the potential length of the hearings. Planning and Zoning Commission hearings shall end at 11:30 p.m.. unless extended by a majority vote of the Planning and Zoning Commission members attending the meeting. 9. The Board of County Commissioners agenda will be limited to as few as one and as many as eight public hearings, except for twice per year comprehensive plan amendments which shall not be limited in number. The number of items on the Board of County Commissioners public hearing agenda will be determined by the County Administrator who shall consider the recommendation of the Growth Management Director for any hearing agenda that exceeds six Growth Management Department items. Underline is for addition Strike gh is for deletion Ordinance #07-045 Page 4 PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Joseph E. Smith XXX Commissioner Doug Coward XXX Underline is for addition Strike Through is for deletion Ordinance #07-045 Page 5 Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this _ day of , 2007. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underline is for addition 64rike Threngh is for deletion Ordinance #07-045 Page 6 AGENDA REQUEST ITEM NO. DATE: 7 08/14/07 REGULAR ( X ) PUBLIC HEARING ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: ADMINISTRATION Faye Outlaw, Assistant County Administrator PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board consideration to waive competitive conditions under Section 5.5 (Bid Waiver), and Section 11 (Emergency Purchases) of the St. Lucie County Purchasing Manual and award a contract to Calvin, Giordano, & Associates Inc., for a not to exceed cost of $100,000 to complete the St. Lucie County Evaluation and Appraisal Report (EAR). BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 102-1510-531000-100 Professional Services PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends Board approval to waive competitive conditions and approve staff's request to award a contract to Calvin, Giordano & Associates Inc., for a not to exceed cost of $100,000 to complete the St. Lucie County Evaluation and Appraisal Report (EAR), and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: jK) APPROVED () DENIED () OTHER Douglas M. Anderson County Administrator Approved 5-o Coordination/Signatures y County Attorney (X) Mgmt & Budget (X) _ �( Purchasing (X) '(:� Administration (X), - - Other Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Faye Outlaw, Assistant County _, `-- Neil Appel, C.P.M., Purchasing Director,/ DATE: July 31, 2007. RE: Board consideration to waive competitive conditions under Section 5.5 (Bid Waiver), and Section 11 (Emergency Purchases) of the St. Lucie County (SLC) Purchasing Manual and award a contract to Calvin, Giordano & Associates Inc., for a not to exceed cost of $100,000 to complete the St. Lucie County Evaluation and Appraisal Report (EAR). Background: Every seven years, each local government is required to submit an Evaluation and Appraisal Report (EAR) to the State of Florida Department of Community Affairs (DCA) evaluating the progress towards achieving the goals of their Comprehensive Plan and determining if changes are needed. St. Lucie County's current EAR is due to DCA by no later than November 1, 2008. Drafting of an EAR involves intensive public participation and is approximately a sixteen -month process. Funds were budgeted in the Growth Management Department current year budget for consultant services for this task. As the Board was informed at the June 12th meeting, no action had been taken to staff this initiative and Administration has since taken the lead to get the EAR underway. Given the time involved to complete the EAR, it is not feasible to create and issue a Request For Proposal (RFP), evaluate the RFP, negotiate the contract, scope and fees and award the RFP in time to meet the DCA November 1, 2008 deadline. Staff is requesting the Board to waive competitive conditions as an emergency condition per Section 5.5 (Bid Waiver, Emergencies), and Section 11 (Emergency Purchases) of the Purchasing Manual and award the subsequent contract. Staff has prepared an EAR Work Plan (Exhibit 1), solicited proposals from four firms with a track record of successfully completing EARS and negotiated fees as follows: Firm Cost Iler Planning Group $110,850.80 + $2,900 in reimbursable expenses Calvin, Giordano & Associates (CGA) $100,000 inclusive Michele Mellgren & Associates $84,201 + $1,455.00 in reimbursable expenses IBI Group $148,200 + reimbursable expenses Based on their backgrounds, all four firms appear qualified to provide the EAR services. However, staff feels it is in the best interest of the County to award a contract to Calvin, Giordano, & Associates. Calvin, Giordano, and Associates has direct experience and familiarity with St. Lucie County and the City of Fort Pierce through the completion of updates to their Comprehensive Plan. Growth Management's consulting budget for the EAR is $100,000. Recommendation: Staff recommends Board approval to waive competitive conditions and approve staffs request to award a contract to Calvin, Giordano & Associates Inc., for a not to exceed cost of $100,000.00 to complete the St. Lucie County Evaluation and Appraisal Report (EAR), and authorization for the Chairman to sign the contract as prepared by the County Attorney. If negotiations fail with CGA, staff is requesting permission to negotiate with the firm of Michele Mellgren & Associates. EXHIBIT 1 Task Completion Date (On or Before) Task 1. Prepare Major Issues List October 20, 2007 Task 2. EAR Scoping Meetings* November 15, 2007 Task 3. Refine Major Issues List and Prepare Presentation Materials December 14, 2007 Task 4A. Major Issues Workshop with LPA January 17, 2008 Task 4B. Board of County Commissioners Major Issues Workshop February 22, 2008 Task 5. Request for Memorandum of Understanding and Coordination With DCA March 2008 Task 6. Deliver First Draft of EAR for Staff Review April 15, 2008 Task 7. Deliver Second Draft of EAR as Recommended for Adoption May 30, 2008 Task 8A. LPA Public Hearing on Whether to Adopt EAR Between June 19, 2008 and July 17, 2008 Task 8B. Deliver Final Draft of EAR as Recommended for Adoption August 11, 2008 Task 9. Board of County Commissioners Public Hearing to Adopt EAR Between September 16 and October 7 & 21, 2008 TOTAL Proposed Evaluation and Appraisal Kepon: t.;onswrani vvorK rian EAR due to DCA by no later than November 1 2008 * SLC Staff: ERD, GM, PW, Utilities, ESD BOCC P&Z Public: Residents, Development Community (Two Cities / RPC) To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X]APPROVED 0 OTHER Staff directed to bring back? a report on costs. Approved 5-0 Agenda Request Board of County Commissioners Growth Management Department Item Number g Meeting Date: , 2-00-1 Consent [ ] Regular [ X ] Public Hearing [ ] Leg. [ ] Quasi -JD [ ] Presented By PW- gam Growth Management Director Rural Lands Stewardship Area (RLSA) Program Monthly Status Report See attached memorandum. NIA NIA Staff recommends that the Board accepts the Report and requested action item discussion. = DENIED County Attorney raw► E.R.D.: Cty. Engineer: Coordination/ Signatures Mgt. & Budget: Public Works: Other: CONC ENCE: ouglas M. Anderson County Administrator Purchasing: Cty. Surveyor: Other: Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, Director, Growth Management FROM: Peter W. Jones, AIA, Planning Ma DATE: August 2, 2007 SUBJECT: RURAL LAND STEWARDSHIP AREA (RLSA) PROGRAM MONTHLY STATUS REPORT This item is the monthly status update on the Rural Land Stewardship Area (RLSA) Program for August 14, 2007. Since the July 17th Board update, the following RLSA activities have occurred as summarized: ACTIONS COMPLETED SSA Application The Stewardship Sending Area (SSA) application team submitted their formal response (Sufficiency Re -Submittal) to the County's review comments on July 25th. A Sufficiency Comment Deadline is set for August 6th. A scheduled meeting with the applicant, its consultants, County staff and representatives for the Stewardship Receiving Area (SRA), took place on July 30th to review and discuss statutory and County Code compliance requirements as they relate to the Sufficiency Review process. SRA Application A scheduled Post Sufficiency Review Meeting was held July 25th with the Stewardship Receiving Area (SRA) applicant, its consultants, County staff and representatives for the SSA. The applicant has received comments from staff regarding this process, and will work to provide responses, clarifications and additional information as part of their response to the SSA Sufficiency Review. Utilities No change. DRI and Conceptual ERP Application The County is in receipt of The Treasure Coast Regional Planning Council (TCRPC) letter dated July 24th noting their receipt of the County's 2nd Sufficiency Response in a timely manner. August 2, 2007 Board of County Commissioners RLSA PROGRAM MONTHLY STATUS REPORT Page 2 of 2 Environmental Advisory Committee Review The applicants, working with the County's Environmental Resources Department, have a standing offer to schedule a site visit meeting for the Environmental Advisory Committee (EAC) members. The Committee has not yet set a date for the site visit. SSA Application Staff is in the process of reviewing the Sufficiency Re -Submittal and working to meet the Sufficiency Comment Deadline set for August 6" SRA Application The SRA applicant is in the process of developing its response to the County's Sufficiency Review. DRI and Conceptual ERP Application Upon notification by the TCRPC finding of completeness, a letter will be generated by the TCRPC noting that the DRI application is complete. The County will then have no more than 90 days from the date of the TP C letter to hold a public meeting of the BOCC. The meeting must be advertised a minimum of 60 days prior to the BOCC meeting. UPCOMING ACTIONS Consultant Funding The firm of MSCW has provided review and critique of the SSA Application. Staff feels similar consulting services for the SRA are critically needed. No funding has been identified for these consulting services at this point. This issue needs to be addressed by the Board. A mi-&- i`ng--ffaite must be selected, in August and legal notice given for September EAC meeting to review SSA Application and a courtesy review of the SRA Application. 08/10/07 FZABWARR FUND TITLE 001 001167 001174 001177 001182 001183 001289 001404 001405 001418 001419 001424 001814 101 101001 101002 101003 101004 101006 101106 101109 101110 102 102001 303 - .002 105 107 107001 107002 107003 107006 107150 107204 129 130 140 140001 140129 140131 140133 140335 150 160 181 183 183001 183004 183006 184205 184209 185008 .001 310002 316 316001 ST. LUCIE COUNTY - BOARD WARRANT LIST #45- 04-AUG-2007 TO 10-AUG-2007 FUND SUMMARY General Fund FTA Section 5303 Grant FY 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 FDOT Trans Buses and Infrastructure 05 CDBG Sup Disaster Recovery St Lucie Cc Special Needs Shelt FDCA EMPA FY07 FDCA-Construct County EOC Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees USDA (NRCS) Emergency Watershed Prt FHWA/FDOT County Rds-H. Jeanne FDOT/FHWA Emerg (Hurricane Wilma) Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park, S L C Stormwtr Imp. Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FDLE Edward Byrne Mem JAG 2007 Crim FL Dept Juvenile Justice-DMC Civil Parks MSTU Fund SLC Public Transit MSTU Port & Airport Fund Port Fund FAA Design 9L-27R/Install Perimeter Design Parallel Runway 9L/27R Construct Runway 9L/27R Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection FHFA Hurricane Housing Recovery County Capital I&S Impact Fees -Library Impact Fees -Parks County Capital Transportation Capital EXPENSES 477,145.53 61.11 10,416.73 6,000.63 3,229.82 1,555.93 14,900.00 13,337.53 450.00 4,024.34 1,602.59 971.73 106.47 22,436.36 59.12 30,442.18 76,526.26 11,869.47 36,063.14 163,543.31 6,259.68 10,467.00 56,189.32 8,688.98 24,303.25 422.02 1,657.20 114,689.58 2,559.84 202.51 25,354.75 12,718.43 9,179.56 115.29 27,157.60 229,118.39 15,261.39 54.17 13,807.23 26,573.98 128,862.61 8,907.57 357.87 1,424.08 349.86 18,717.83 861.07 542.22 536.09 1,278.40 39,051.70 7,390.42 1,202.00 14,978.89 4,668.35 157,867.76 222,414.55 PAGE 1 PAYROLL 708,735.28 821.12 0.00 0.00 1,666.78 6,463.56 0.00 1,866.56 0.00 0.00 0.00 0.00 1,391.91 46,429.43 772.74 48,974.30 33,243.49 21,035.66 0.00 0.00 0.00 0.00 89,931.08 6,307.90 0.00 0.00 0.00 133,460.32 1,049.60 2,066.40 0.00 8,166.35 0.00 1,507.10 0.00 0.00 13,316.38 0.00 0.00 0.00 0.00 0.00 2,163.20 3,775.18 0.00 0.00 0.00 4,051.91 0.00 0.00 0.00 1,866.56 0.00 0.00 0.00 0.00 0.00 08/10/07 FZABWARR FUND TITLE 317 382 39004 39008 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #45- 04-AUG-2007 TO 10-AUG-2007 FUND SUMMARY County Capital -St Revenue Share Bnd Environmental Land Capital Fund Airport Industrial Park Capital MSB Harmony Heights MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 324,121.00 11.94 3,500.00 367.08 467,080.80 16,974.03 69,221.71 49.90 6,662.13 163,600.13 8,671.91 118,179.74 6,549.84 140,574.68 7,962.51 913.53 198.61 25.00 289,561.90 3,693,160.13 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 67,437.10 22,399.54 1,639.33 675.49 21,162.20 8,221.02 1,373.42 1,151.17 56,708.52 5,920.80 0.00 0.00 0.00 0.00 0.00 1,325,751.40 08/03/07 FZABWARR FUND TITLE 001 001117 001167 001174 001177 001182 001183 001404 001418 001423 001424 001814 101 101001 101002 101003 101004 101006 102 102001 102803 107 107001 107002 '003 305 107006 107204 109 111 112 115 118 120 122 126 127 128 130 138 139 140 150 160 181 183 183001 183003 183004 183006 185008 201 J02 316 316001 37005 ST. LUCIE COUNTY - BOARD WARRANT LIST #44- 28-JUL-2007 TO 03-AUG-2007 FUND SUMMARY General Fund PTA 49 USC Sac 5307 98/99 FTA Section 5303 Grant FY 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 05 CDBG Sup Disaster Recovery FDCA EMPA FY07 DCA-Construction Mitigation Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park, S L C Stormwtr Imp. Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Drug Abuse Fund River Park I Fund River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Impact Fee Collections Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA Hurricane Housing Recovery So County Regional Stadium Debt Transportation-I&S Impact Fees -Parks County Capital Transportation Capital Navajo Avenue So MSBU EXPENSES 2,665,379.86 23.90 25.27 36,000.00 358.78 946.05 1,379.65 36,191.72 765.69 83.49 443.69 274.20 9,731.33 73.24 51,684.70 11,055.55 11,193.92 6,268.40 20,321.89 8,785.75 1,200.00 3,390,455.22 1,307.06 425.86 281.48 8,132.36 11,870.31 296.90 35.00 2,845.58 605.43 531.66 734.85 179.49 1,035.58 124.89 377.16 504.77 404.14 259.78 758.64 9,201.34 426.16 740.11 357.85 1,348.72 3.81 160.00 949.74 35.21 382.73 4,836.46 356,424.49 4,568.35 122,799.91 64,194.72 1,250.74 PAGE 1 PAYROLL 3,470.98 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/03/07 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #44- 28-JUL-2007 TO 03-AUG-2007 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 401 Sanitary Landfill Fund 100,838.70 0.00 418 Golf Course Fund 11,955.30 0.00 451 S. Hutchinson Utilities Fund 587.74 0.00 458 SH Util-Renewal & Replacement Fund 139.46 0.00 461 Sports Complex Fund 8,825.23 0.00 471 No County Utility District-Operatin 8,970.91 0.00 478 No Cty Util Dist -Renewal & Replace 281.66 0.00 479 No Cty Util Dist -Capital Facilities 234.70 0.00 491 Building Code Fund 12,544.83 0.00 505 Health Insurance Fund 388,405.25 6,304.64 505001 Property/Casualty Insurance Fund 4,280.45 0.00 611 Tourist Development Trust-Adv Fund 84.78 0.00 615 Impact Fees Fund 2,624.84 0.00 625 Law Library 7,969.32 0.00 801 Bank Fund 45,309.98 0.00 GRAND TOTAL: 7,444,086.73 9,775.62 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. C.2.A. ADDITIONS Date: August 14, 2007 Regular [ ] Public Hearing[ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Howard Creek Estates - Approval of Maintenance Agreement and Bond BACKGROUND: See C.A. No. 07-1347 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners release the original bond in the amount of $9,200, conditionally accept the constructed improvements, approve the Maintenance Agreement and bond in the amount of $1,200.00 for Howard Creek Estates, and authorize the Chairman to sign the agreement. COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER: Approved 5-o County Attorney: qE6,O'-V`f '=Originating Dept.: Finance (Check for Copy only, if applicable): CONCURRE Dou 1as . Anderson County Administrator Coordination/Signatures Mgt. &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: 07-1347 DATE: August 2, 2007 SUBJECT: Howard Creek Estates - Approval of Maintenance Agreement and Bond BACKGROUND: The developer of Howard Creek Estates, Anthony Nardone, has completed the subdivision improvements required under the projects Subdivision Improvement Agreement and is requesting release of the original bond in the amount of $9,200.00. The Public Works Department has inspected the improvements and is recommending conditional acceptance of the work subject to a one year Maintenance Agreement in accordance with Section 11.04.00.E of the Land Development Code. Copies of the proposed Maintenance Agreement and the required 15% bond in the amount of $1,200.00 are attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners release the original bond in the amount of $9,200, conditionally accept the constructed improvements, approve the Maintenance Agreement and bond in the amount of $1,200.00 for Howard Creek Estates, and authorize the Chairman to sign the agreement. Respectfully submitted, 010_� �-- Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Finance Director Public Works Director County Surveyor Road and Bridge Manager Building Official Deputy Clerk DIVISION OF ENGINEERING MEMORANDUM 07-197 TO: Dan McIntyre, County Attorney ° FROM: Ron Harris, County Surveyor ix-Z-1/ DATE: July 05, 2007 SUBJECT: Howard Creek Estates Release of Surety - Improvement Bond 441044576 The developer of Howard Creek Estates has requested a release of the surety. St. Lucie County Engineering, Road/Bridge and Storm water Permitting have inspected the constructed improvement. The developer has provided the required certifications. The County Engineer approves the request for the release of the surety. The St. Lucie County Land Development Code (Chapter 11.04.00; section E) requires upon conditional acceptance of the constructed improvements the developer enter into a maintenance agreement with St. Lucie County and provide a surety in the amount of 15% of the cost of the improvement. The required maintenance bond is $1,200.00 Staff request that the Board approve the following items and authorize the chairman to sign: 1. Release of the original surety in the amount of $9,200.00. 2. Conditional acceptance of the constructed improvement. 3. Maintenance Agreement and bond in the amount of $1,200.00 (Bond #41083814). The following supporting documentation is attached: 1. Engineer's certificate of completion. 2. Copy of maintenance bond and four signed Maintenance Agreements. If all items are acceptable please agenda for Board approval. cc: Don West, P.E., Public Works Director Mike Powley, P.E., County Engineer (w/attachments) Don Pauley, Road and Bridge Chris Lestrange, P.E., St. Lucie County Building Official Finance (w/attachment) File MAINTENANCE AGREEMENT THIS AGREEMENT made and entere into this vZ d day ofy N 9 Z po 7 , by and between _� (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer intends to construct E;iid (the "Improvements') and convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable tot the County Attorney in the amount of fifteen percent (151%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of jw,¢/,k 6&"ASV dollars ($ representing fifteen percent (15%) of the cost of the Improvements as submi ed by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, C S w r u G j Nr=. ejg dated ,)ate. zaa This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners and recommend that the Improvements be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. 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 St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) 2 IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. WITNESSES: ATTEST: DEPUTY CLERK c PRINT: TITLE: 414di— ZA# d iT N - - BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ROAD MINT AGRBGME FORM-d 3 CIVIL - STRUCTURAL - MARINE ENGINEERS, LLC April 27, 2007 Mr. Michael Powley St. Lucie County Engineering Department 2300 Virginia Ave Ft Pierce, FL 34982 RE: "Letter of Conformance" for Proposed Howard Creek Estates Howard Creek Estates Proposed Grading & Drainage Improvements CSM Engineers, LLC (CSM) Job #: 05-020 Dear Mr. Powley: Per the site visit/inspection conducted on April 26, 2007 of the catch basin constructed at the proposed Howard Creek Estates on Howard Creek Lane, Stuart, the catch basin's overall dimensions, wall thickness, reinforcing steel, grate and access plate, baffle and bleeder orifice plates and culvert pipe connection were constructed in conformance with CSM's construction documents (Apr 2006) (See Shop Drawing and photos). CSMrecommended installing a safety/security chain for the access panel since it light weight and easily removable. In addition, CSMrecommends installing a lock to restrict access especially from children. The elevations of the catch basin for the proposed Howard Creek Estates were installed in conformance to the specified elevations indicated on CSM's construction documents (Apr 2006). The following as - built elevations are: Top of CB = 5.0 (NGVD) Bleeder Plate Orifice Inv = 3.42 (NGVD) Exist 36" 0 BCCMP Culvert Pipe = 1.13 (NGVD) Inside Bott of CB = 0.81 (NGVD) Should you have any questions, please call me. Best regards, CSM Engineers, LLC Judy Perkins, P.E., President Enclosures Cc: Dave Stabbert CSM ENGINEERS, LLC • 7 a3 SW MONTEREY ROAD, STUART, FL 34994 A?9-00-200?(MON) 13:21 American Concrete (FAX)i72 595 9050 _--•-••-•+„ --s-I'M I t INGUSTRI6S, INC. 350 R,ECEIV�D y�° FORT &ICE,FLORIDA 34ME APR 7 1 72P t7 6 (M) 464.1187 - Fax vr..1169SiQ50 U 4�W- OT4-.. $.. • 7f.1< 4i.�c, r 4 I• �i`1�.� jIt �N T T + Q/ReM Or 411 .�'�1►AYG'Z'i•�I.G B %frwr-E *,jti -S�L. R M. /4 Ati-u9%- S~ tlwR •Q+ww%m■W v Ive �.� a1T1YK P. 0021002 aN ��-waft Sara 36 VC Y �':iC10�► or .VV4LVM-T Vl%r. lime ^oea dt.swcs 'M W ' Sscct 'iC ok - MR. RON HARRIS; 2300 VIRGINIA AVENUE FORT PIERCE FL. 34982 RE HOWARD CREEK ESTATES: JULY 2, 2007 DEAR RON, ENCLOSED ARE THE FOUR COPIES OF THE MAINTENANCE AGREEMENT EACH SIGNED AND WITNESSED. ALSO ENCLOSED IS THE ORIGINAL BOND AND MAINTENANCE CERTIFICATE I BELIEVE THAT WOULD SATISFY WHAT IS REQUIRED AT THIS TIME. RON, I WOULD APPRECIATE YOUR COOPERATION IN RETURNING THE BOND FOR THE CATCH BASIN INSTALLATION AS SOON AS POSSIBLE. THAT BOND HAS NOW EXPIRED AND I AM BEING BILLED FOR A EXTENSION. THANK YOU; SIN ANTHONY NARDONE 510 GRAND BANKS ROAD PALM BEACH GARDENS FL. 33410 Jun 25 07 01:27p RNTHONY NRRDONE 732 477 1614 p.2 MAINTENANCE BOND BOND NUNTBER-41083814 KNOW ALL BY THESE PRESENTS, That we ANTHONY NARDONE as principal, and PLATTE FJVER INSURANCE COMPANY, a corporation organized under the laws of Nebraska and duly authorized to engage in the surety business in the State of FLORIDA, as surety, are jointly and severally held and firmly bound unto ST LUCIE COUNTY , as obligee, in the penal sum of $1.200.00 (ONE THOUSAND TWO HUNDRED DOLLARS AND 00/100) to which payment well and truly to be made we do bindourselves, our and each of our heirs, executors, administrators, successors arid assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal began work with ST. LUCIE COUNTY on May, 2007 for Off Site Drainage Improvement plans for the projectknown as Howard Creek Estates. WHEREAS, said work has been completed, and was approved on 20L day of June, 2007. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of bear and 1 month (13 Months)following completion .of_the project .then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied.is extended .by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this loth day of June, 2007 Principal, Anthony Nardone PLA'XTE-RIVER EI;SURANCE COMPANY (SURETY) I tsay.N`� a - Attorney -In -Fact, Karen Gri ✓un 25 07 01_27p RNTHONY NARDONE 732 477 1614 p.3 N v/"� ry ✓ r Ra t _ 4�y .< y 4 c r"4i t 1 ' fJ_y ` r R �SS�'- -, x ,j a �.."•6 ..`i 3'✓: a 7�-•. t < 1 , • S!- •» �4 c �! � 5 ,,��yy P 'lip � 'yt 3 ;cif r< q� 1✓ d��, 9r,�L i��•M•.�',¢ r''i'r� �, i • �dttfli�[5�11��IIlY �` I t T � }� �' t C !.�{ � 3'� +•, 17 � i • t} �r�-��)d=Mfg PLATTE RIVER INSURANCE COMPANY 41083814 POWER OF ATTORNEY KNOW ALL MEN BY THESE IWSENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebmska. having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint --G. TIMOTHY WILKERSON, WENDY E LAHM, JENNIFER-HOEHN, DONNA K. ASHLEY. ANGELA D_ RAMSEY, KAREN GRIFf1E -- _�, — WILLLA14 J. QUINN, JAMES W. BLAND, JOHN D. LEAK Ill, JENNIFER S. BEASLEY, SCOTT D. MATHERS, JOSEPH E. HUNNICUTT --- its true and lawful Anarney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety- and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the slim of ALL WRITTEN INSTRUMENTS IN AN AMOUNT; S2.500,0W,00 This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the Sth day of January, 2002. "RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or othenvise, be and they hereby arc granted the Power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attoniey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business or the Corporation; the signature ofsuch officers and the seal of the Corporation may be affixed to such power of attorney or to any certificate relating whereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures orfac%mile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused thcso presents to be signed by its officer undersigned and its corporate seal tote hereto affixed duly attested, this Isl day of June, 2006. Attest: %�✓�``'✓ "211N PLATTE RIVER INSURANCE COMPANY tQ..IEPMSUAq,YpF A.4� �pAPOa�Te '� q.r: rl/t Alan S. Ogilvie S SEAL Secretary l James J. McIntyre President STATE OF WISCONSIN t S S a"EB"'s COUNTY OFDANE On the Iat day of June, 200E before me personally came lames J. McIntyre, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President of PLATTrRIVER 12NSURANCE COMPANY,Yhe corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate scat. that it was so affixed by order ofthe Board of Directors of said corporation and that he signed his name thereto by like order. „M.;.�. x A. PAALSnN Kaihlccn A. Paulson STATE OF WISCONSIN l SS. ;;R a' Notary Public, Dane Co., Wl COUNTY OF DANE J CERTIFICATE My Commission Expires 10-15-2006 1, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, Authorized to make .this .certiCicate,_DO HEREBY CERTIFY Thal the foregoing.attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the Resolution of the Board of Directors. set forth in the Power of Attorney is now to force. Signed and sealed at the City of Middleton, State of Wisconsin this day of N E' , 20 0 DG'�tiw,-tC SEAL \` Alan S. Ogilvie Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER LN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 500-4754450. I•Rg.r'Od Il+Uhl AGENDA REQUEST ITEM NO. C2b TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right of Way Sun Grove Montessori School, Inc. 47feet on Oleander Avenue Resolution 07-237 BACKGROUND: FUNDS AVAILABLE: See attached Memorandum N/A DATE: August 14, 2007 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager PREVIOUS ACTION: Site Plan for Sun Grove Montessori School, conditioned upon the dedication of an additional 47 feet of right-of-way on Oleander Ave to St. Lucie County from Sun Grove Montessori School. Inc. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution 07-237 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: �] APPROVED [ ] OTHER Approved 5-o [x] County Attorney: b CONCU E: [ ] DENIED u M. Anderson County Administrator Review and Approvals [x] Road and Bridge:' [x] Originating Dept:_ [ ] Mosquito Control: [x] Public Works:-) �Iv [x] Engineering: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: August 14, 2007 SUBJECT: Donation of Right-of-way Sun Grove Montessori School 47 feet on Oleander Avenue Resolution 07-237 BACKGROUND: The Site Plan for Sun Grove Montessori School approval was conditioned upon the dedication of an additional 47 feet of right-of-way on Oleander Avenue to St. Lucie County. Attached is a copy of the Warranty Deed for the mentioned right-of-way on Oleander Avenue and Resolution 07-237. RECOMMENDATION: Staff recommends the Board accept the Warranty Deed, authorize the Chairman to sign Resolution 07-237 and direct staff to record the. documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, JoAnn Riley Property Acquisition Manager --- i MALLARP CT- NSHI - -EASY ST SKETCH AND DESCRIPTION THIS IS NOT A SURVEY iUj N89'5f34 E NoRTN LINE of X 1 17. nn' LOT 229 A portion of Lot 229, Subdivision of Section 10, 1 Township 36 South, Range 40 East as recorded in Plat Book 1, Page 23 of the Public Records of St. Lucie County, Florida and being more particularly described as follows: The West 47 feet of the following described parcel: I Lot 229, Subdivision of Section ,10, Township 36 South, — 33.00' EST 4WEST Range 40 East, less the West 33` feet thereof for road right—of—way, as recorded in Plat Book 1, Page 23 of the .n Public Records of St. Lucie County, Florida. o Said parcel contains 0.36 acres, more or less. z r N {— F+l E Wx N w C4 (� r z Z O Z F- VW7 U- W Z Iof Z LEGEND NOT TO SCALE PG = PAGE S89'5212 SOUTH UNEOFof , LOT 229 47.00 PB = PLAT BOOK PLS - PROFESSIONAL LAND SURVEYOR I R/W - RIGHT-OF-WAY C = CENTERLINE f vFile: t� cT�+L� [� �i SKETCH O(" DESCRIPTION 0 CULPEPPER S NC IOR OF 47 r/W ess,ou{dWgy RS I LANNI URV CONSULTING ENG{N EERS � LAND SURVEYORS 47' LESS OUT FOR R/W Date: 5/26/2007 2` 80 SOUTI 125th STREE-7, FORr PIERCE, rz.OxIDA 34981 Prepared For Tech: SB $ ; PHONE %'� 464 3537 PAX 772464-9497 SUN GROVE MONTESSORI SCHOOL, INC utivw cc-cn coma 9 . �1ATG GE T-L(iRiD �\(7?RTIT,ATION N.LU 4286 RESOLUTION NO. 07-237 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Warranty Deed is duly accepted on behalf of St. Lucie County this 14`h day of August 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M. ATTEST: CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:1ACQ%WP\Right of Way Dnnadons\Sun Grove Montessori SchooAResoludon.wpd This Instrument Prepared By: Record and Return To: Stacie L. C. McElroy, Esq. Dean, Mead, Minton & Zwemer 1903 South 25th Street, Suite 200 Fort Pierce, Florida 34947 WARRANTY DEED THIS WARRANTY DEED is made as of the";N� day of July, 2007, by SUN GROVE MONTESSORI SCHOOL, INC., a Florida corporation, whose post office address is 5610 Oleander Avenue, Fort Pierce, Florida 34982 ("Grantor"), to ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose post office address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Grantee"). (Whenever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, personal representatives and assigns of individuals and the successors and assigns of corporations, partnerships, governmental and quasi -governmental entities.) WITNESSETH: THAT GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, all that certain parcel of real property (the "Land") situate in St. Lucie County, Florida and more particularly described as follows: A portion of Lot 229, Subdivision of Section 10, Township 36 South, Range 40 East as recording in Plat Book 1, Page 23 of the Public Records of St. Lucie County, Florida and being more particularly described as follows: The West 47 feet of the following described parcel: Lot 229, Subdivision of Section 10, Township 36 South, Range 40 East, less the West 33 feet thereof for road right-of-way, as recorded in Plat Book 1, Page 23 of the Public Records of St. Lucie County, Florida. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey Grantor's interest in and to the Land and hereby warrants the title to the Land and will defend the same against the lawful claims of all persons whomsoever. This conveyance is subject to taxes accruing subsequent to December 31, 2006, and to easements, restrictions, agreements, conditions, limitations, reservations and other matters of record, if any, but this reference to the Warranty Deed, Page 1 of 2 F0065175v1 foregoing shall not operate to reimpose the same. IN WITNESS WHEREOF, the parties referred to above as Grantor have caused this instrument to be executed and delivered in their names and have intended the same to be and become effective as of the day and year first above written. Signed, sealed and delivered in the presence of: lgnature of Witness Printed,Name of Witness of Witness Printed Name of STATE OF FLORIDA COUNTY OF ST. LUCIE Sun Grove Montessori School, Inc., a Florida corporation 21 The foregoing Warranty Deed was acknowledged before me this Q day of July, 2007, by James Brann as Vice Pr sident of Sun Grove Montessori School, Inc., a Florida corporation. Said person (check one) © is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: (Notary Stamp) Ot' DEBORAH K. BEDNAFlZ MY COMMISSION # DD 377660 EXPIRES: December 16, 2008 1-60"-NOTARY FL Notary Olacount Ae . Co. kPritme: !7cP�C�2AM FC. t bN t;z ublic, State of FL©,-lt'�. A Commission No.: bS 3716,66 My Commission Expires: 16 ,,-7 dQ S F0065175v1 Warranty Deed, Page 2 of 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement REP Associates, Inc. Orange Avenue - six (6) Monitoring Wells BACKGROUND: See Attached Memorandum FUNDS AVAILABLE. N/A PREVIOUS ACTION: N/A. ITEM C2c DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct REP Associates, Inc.to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: W] APPROVED [ ] OTHER Approved 5-0 [ ] DENIED [x] County Attorney: %�Ds*v [X] Originating Dept: Douglas Y. Anderson County Administrator Review and Approvals [x] Road and Bridge [x] Public Works: [x] Engineering: [ ] Purchasing: AlV PROPERTYACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: August 14, 2007 SUBJECT: Revocable License Agreement REP Associates, Inc. Orange Avenue - 6 Monitoring Wells BACKGROUND: The Florida Department of Environmental Protection contracted REP Associate, Inc to remove or excavate contaminated soil and reinstall six (6) monitoring wells in the right-of- way along the south side of Orange Avenue in front of Carter's Grocery Store located at 15901 Orange Avenue. Testing revealed soil and groundwater petroleum contamination significantly above state standards associated with former underground storage tanks. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct REP Associates, Inc. to record the document in the Public Records of St. Lucie County, Florida: Respectfully submitted, JoAnn Riley Property Acquisition Manager FL Lieonsed Huainess Drsanizadon Asbestos-ZA0000088 p ABBOCOAT.rps, INc; Contractor-PCC056672' Engineering-111306006034 ENVIRONMENTAL SOMNTLM, IENGNEZRS & PLANNERS Geology - 011173 July 5, 2007 Ma. Natasha Taylor St. Lucie County Engineering Division 2300 Virginia Avenue, 2' )door, Ft. Pierce, Florida 34982 Re; Right, of Way Permit Form ' FINA-Carter's Grocery Store Site 15901 Orange Avenue (State Road 68) F`t. Pierce, St. Lucie County, Florida 1FDlgP Facility No. 56018583 REP Project No.1783.02,18 hear Ms. Taylor. UP Associates, Inc. (REP) bas completed soil and groundwater assessment at the site referenced above under.Flodda Department -of Environmental Protection Petroleum Cleanup Pre - approval Program. The assessment tasks revealed soil and groundwater petroleum contamination significantly above state standards at the site associated Witb former underground storage tanks, This petroleum contamination is not naturally attenuating in the soil and groundwater. Therefore, in August 2006 W reoommended that soil sourco removal or ,excavation of the petroleum contaminated soil be conducted at the site -in a Rsmedial Actitoa Plan (RAY), The FEDP approvod the RAP and issued a work order to implement soil source removal in May 2007, The subject site is located at 15901 Orange Avenue (State Rdad fib) on the south side of the toad (refer to,Vigure 1, Attachment A). The proposed area of soil excavations at the Site is partially within the St, Lucie County Right of Way associated with Orange Ave, In order to complete the proposed soil excavation it will be necessary to access tbo right of way. In addition, after the excavation and restoration is complete, UP plans to install six monitoring wells within the area to replace the monitoring wells removed during the excavation. REP has completed the enclosed St. Lucid County Engineering Division Right of 'Way permit (Attachment D) to obtain authorization to conduct excavation of petroleum contaminated soil and install monitoring wells in the proposed area. Corporal Office 3932 RCA Boulevard, Suite 3204 Palm Bench Gardens, Florida 33410 P117 (461) 621-1810 FX: (561) 627-2270 WWW.rapaasocidtn.com Ma Clearance Sunshine Stare One -call was contacted on March 19,, 2007 to identify utility owmeis in the vicinity of the proposed excavation area. Florida Power & Light overhead utilities are located over the St. Lucic Co ROW on the north side of the site. In addition, one Bellsouth phone line was identified in the FiDB P ROW on the north side of the site. This BdIsouth utility is also within the proposed aica of excavation. REP contacted Bellsouth to obtain additional information about the utility in this area and inquire about the procedure to dig around this utility. UP issued a letter of notification to Bellsouth of the intent to conduct source removal via Soil excavation at the Site, Figure 2, Attachment A illustrates the proposed locations of the soil excavation with respect to the BeIlsouth line, Documentation of the request to Sunshine State One -call with responses and a copy of the notification letter issued to Bellsouth are provided in Attachment C, Scone o,� Work and Schedule REP plans the excavation of approximately 1,450 tons of petroleum contaminated soil at the: site. Soil excavation will take place in Areas A�B as indicated on Vignre 2, Attachment A. Wilson's Peiroleutu Equipment, Inc. (Wilson's) will perform work per the PDEP work order. Before excavation begins, sheet pile will be installed along the soutb side of Orange Ave (State Road 68) to mains tt the integrity of the roadway. The location of the sheet pile is included in Figure 3, Attachment A and the sbeet pile design is included in Attachment D. In addition, .Mersey barricades will be used along the south side' of SR 68 to separate the work zone from the traffic flow as a precautionary measure. Excavation will be conducted in the proposed locations to a depth of 8 feet below land surface. Following excavation and restoration of the area to the previous condition, monitoring wells will be installed via the hollow -stem auger method by a licensed driller using a tmok mounted rotary drilling rig. The wells will be finished slightly above grade within 64rtch diameter manholes with bolt down lids. Figure 4, Attachment A, depicts the locations for the monitoring wells. Notification of Utility owners and a Sunshine State One -call update request will be performed with 48 hours of receipt of the Right of Way Permit approval. Sheet pile installation and soil excavation will be initiated within 14 days of permit approval and is expected to be completed with 30 days, llisiutenance of Traffic Maintenance of traffic will be conducted as per the Florida Department of Transportation POT) 2006 FDOTDesign Standards, Index No. 602, "Multilane, Work on,Shoulder",, A copy of Index No. 602 is provided as Attachment E. REP's contract with Wilson's includes plans to perform the maintenance of traffic setup and breakdown. The maintenance of traffic setup will remain in place for the duration of the work within or directly adjacent to the Right of Way (approximately 14 days). 1INA-Cartera Grocery Store Site, 15901 Orange Ave (SR 69) July 5, 2D07 Right of Way permit Transmittal Letter REP Project No. 1783,02.19 Page 2 The gste owner has agreed to this work as long as it is conducted during his annual "slow" business period which is during the months of July and August Due to this time constraint, the outstanding work order with the FDEP-Tallahassee and the increased potential for hurricanes as the season progresses, UP respectfully request prompt review of the enclosed ]tight of Way Permit. Should you have any questions or require additional information, please contact me at your convenience. Sincerely, REP Assoolates, Inc. <* Alison D. Drescher Dwight W. Schwendeman Project Manager Senior Project Manager cc! Mr. Craig Carter (FJN.A-Carter's Grocery Store Mr. RobertBrawn (FDBPt.BPSS) Mr. Mike D. Zarrolla (Wilson's Petroleum Equipment, Inc.) FTNA-Carters Grocery Store Site, 15901 Orange Ave (SR fib) July 5, 2007 Right of Way Permit Transmittal Letter REP Project No. 1793.02.19 Page 3 This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (the County) and REP ASSOCIATES, INC, 3932 RCA Blvd, Suite 3204, Palm Beach Gardens, Florida 33410 (REP) WHEREAS, the County is the owner of the property described as: THAT PORTION OF A COUNTY ROAD RIGHT-OF-WAY, KNOWN AS ORANGE AVENUE, LYING IN SECTIONS 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Florida Department of Environmental Protection Petroleum Cleanup Preapproval Program has revealed soil and groundwater petroleum contamination significantly above state standards at the site associated with former underground storage tanks. REP recommended that soil source removal or excavation of the petroleum contaminated soil be conducted at the site. WHERE AS, REP will contact all utility owners in the vicinity ofproposed excavation area to notify them of the scheduled dates and inquire about the procedure to dig around the utilities. WHERE AS, REP plans the excavation of approximately 1,450tons of petroleum contaminated oil at the site. Excavation will be conducted in the proposed location to a depth of 8 feet below land surface. Following excavation and restoration of the area to the previous condition. REP will install six (6) monitoring wells in the right-of-way of Orange Avenue. The monitoring wells will be installed via a hollow - stem auger method by a licensed driller using a truck mounted rotary drilling rig. The wells will be finished slightly above grade within 6-inch diameter manholes with bolt down lids. See Figure 4 WHEREAS, the County has agreed to allow the installation of six (6)monitoring wells subject to the terms and conditions set forth in this Revocable License Agreement and any correspondence with the County Engineer.. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant REP a limited Revocable License Agreement for the purpose of installing six (6) monitoring wells, as indicated on the attached Figure "4", and removal and disposal of contaminated soil according to Florida Department of Environmental Protection Petroleum Cleanup Program. This license shall extend only to the above -referenced location and shall not extend to the construction and/or installation of any other structures. 2. This license shall be binding on future successors and assignees of REP. REP agrees to provide the County with notice of any change in ownership pursuant to Paragraph seven (7) of this 1 Agreement. 3. The County shall have the right, at the discretion of the County Engineer or the Road & Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at REP's sole expense upon thirty (3 0) days written notice to REP. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that REP perform certain alterations to the monitoring wells at REP's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. REP shall, at all times, maintain the wells location so as not to be a detriment to the traveling public, and any damage to the right-of-way, pavement, or roadbed during installation or maintenance operations shall be immediately corrected to the satisfaction of the County Engineer or Road and Bridge Manager. 4. REP shall construct the monitoring wells in accordance with all applicable building and highway codes and safety regulations of the County and State of Florida, and shall be maintained solely at the expense of REP. 5. REP agrees to allow County employees access to the location of the monitoring wells for County purposes as determined by the County Engineer. 6. REP agrees to provide copies of the results of the sampling of the monitoring wells located in the travelway of Orange Avenue to the County Engineer. 7. All notices, requests and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered orcertifiedmail (postage prepaid) return receipt requested, addressed to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to: REP Associates, Inc.: 3932 RCA Blvd, Suite 3204 Palm Beach Gardens, Florida 33410 With Copies to: County Attorney Administration Building Annex 2300 Virginia Avenue, Yd Floor Fort Pierce, FL 34982 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3" Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered 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. 8. As consideration for the County agreeing to allow the encroachment of the monitoring wells as set forth herein, REP agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above right-of-way by REP or their agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during REP's use of the property. 2 9. REP shall pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. REP shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK PRINT NAME ►. u STATE OF COUNTY OF by produc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY REP ASSOCIATES, INC (Seal) The foregoing instrument was acknowledged before me this day of 2007, AS of REP Associates, Inc. who d (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of My commission expires: Signature of Notary Public 2007. 3 TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2D DATE: August 14, 2007 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Facilities Use Agreement - American Red Cross -North Treasure Coast Chapter BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Facilities Use Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: PC] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept Public Works Dir: County Erg.: Finance: (Check for copy only, if applicable) Eff. 5/96 I INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-1326 DATE: July 31, 2007 SUBJECT: Facilities Use Agreement - American Red Cross -North Treasure Coast Chapter BACKGROUND: Attached is a copy of a letter dated July 13, 2007 from Sarah Tippet Ruwe, Chief Executive Officer of the American Red Cross -North Treasure Coast Chapter ("ARC") requesting to use the Sam's Club site for storage of disaster supplies. Attached is a draft Facilities Use Agreement between the County and ARC. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Facilities Use Agreement and authorize the Chairman to sign the Agreement. DSM/caf Attachments Daniel S. County A Ily subm American Vero Beach Service Center 2506 17th Avenue Red Cross Vero Beach, FL 32960 t� Tel: 772-562-2549 North Treasure Coast Chapter Fax: 772-778-5500 Email: info@ntc-redcross.org July 13, 2007 http://northrreasurecoast.redcross.org C Mr. Doug Anderson St. Lucie County Administrator 2300 Virginia Aver //✓ Fort Pierce, FL 34982 Dear Mr. Anderson, I am writing to you on behalf of the North Treasure Coast Chapter to ask for your assistance as we enter the 2007 Hurricane Season. Our chapter has been engaged in many conversations and planning sessions with the State of Florida and our National Headquarters over the issue of requesting material supplies either pre or post impact. In order to be eligible to receive needed supplies, it has been made clear that we need a secure site for St. Lucie County. This site should provide a 3occk for the unloading incoming trailers, a forklift and a place to secure the forklift and sufficient space to stage trailers and trucks to maintain the supply chain to serve the people of St. Lucie County and supply the responding partners. We know that you have been inundated with requests for the use of the former Sam's Club. However, that face y possesses e very elements mentioned above. We are not asking for a permanent home but rather a safe haven during our response efforts to provide relief to St. Lucie County should a hurricane hit this year. If you know of another suitable site other than Sam's, we would be happy to have access to any facility that would fit the requirements mentioned above. There is one other "ask" involving the utilization of your new site (formerly Sam's Club). Would there be any chance that there would be meeting rooms that would be free nights or weekends to be utilized for tramma f r both Health and Safety or Disaster classes for up to,, people? Our current office in Ft. Pierce is not adequate for the training needs of St. Lucie County. While we continue to search for affordable office space in St. Lucie, we have yet to find a site. I look forward to hearing from you. Please do not hesitate to call me if you have any questions. Sincerely, Sarah Ti et Pp Chief Executive Officer Cc: Beth Ryder Charles Christopher Faye Outlaw United 01-1.40), Way JUL 1 b 2GD Fort Pierce Service Center 2211 South 25th Srreer (Civic Center Plaza) Ft. Pierce, FL 34947 Tel: 772-461-3950 Fax: 772-461-0795 Toaether. we can save a life FACILITIES USE AGREEMENT THIS AGREEMENT made and entered into on this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and AMERICAN RED CROSS -NORTH TREASURE COAST CHAPTER, a not for profit corporation hereinafter referred to as "Red Cross". WITNESSETH: WHEREAS, the County owns a facility located at 3855 5. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, the Red Cross desires to use the Facility on a temporary basis to store pre and post disaster supplies; and, WHEREAS, the County is willing to enter into this agreement with the Red Cross to permit it to temporarily use the facility for storage. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: SITE The parties acknowledge and agree that the Facility shall be located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, and shall consist of the main building and grounds. 2. USE OF FACILITY The Red Cross shall use the Facility to store pre and post disaster supplies in locations acceptable to the County. The County may require the Red Cross to relocate the supplies to a different location within the Facility. The County shall provide for necessary access to the Facility during the pre and post periods of a disaster including access to the loading docks and forklist, if available at time of disaster. 3. TERM The term of this Agreement shall begin on August 1, 2007 and continue until terminated. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. G \ATTY\AGREEMNT\FAC-U5E\Red Cross-07.wpd -1- 4. PERSONNEL The Red Cross represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Red Cross shall not be employees of or have any contractual relationship with the County. The County, at its option, may provide County employees to assist the Red Cross in the unloading and storage of commodities at the facility. 5. INDEMNIFICATION AGAINST CLAIMS The Red Cross is and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. To the extent of the insurance coverage set forth in Paragraph 9 below, the Red Cross shall and will indemnify and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Facility by the Red Cross or its agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Red Cross or its agents, servants, employees, customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). The Red Cross further agrees to undertake at its own expense the defense of any action brought against the County claiming damages arising out of, in connection with, or by reason of the Red Cross's use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence or acts of the County, the County agrees to reimburse the Red Cross for the actual expenses incurred by the Red Cross in defending the County. The County agrees to cooperate in any defense by the Red Cross. 6. NO LIEN CREATED The Red Cross covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with the Red Cross or furnishing materials or labor to the Red Cross, or to its agents or servants, as well as all persons whomsoever, shall be bound by the provisions of the Agreement. G:\ATTY\AGREEMNT\FAC-U5E\Red Cross-07.wpd -2- 7. OPERATING COSTS The Red Cross agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, excluding utilities other than telephone, incurred in the use and operation of the Facility. 8, INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the Red Cross's sole direction, supervision and control. The Red Cross shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Red Cross's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Red Cross shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 9. INSURANCE The Red Cross shall maintain in effect Workers' Comprehensive Insurance as required by Florida Statutes, covering all employees of the Red Cross including employer's liability insurance, with limits of not less than $100,000.00 per accident. The Red Cross shall furnish County at the time of execution of this Agreement, the Red Cross's Certificate of Insurance evidencing existence of the coverage required above with an insurer approved by the Insurance Commissioner for the State of Florida. In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the party agrees to notify the other parties of the claim as soon as possible but not later than thirty (30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. 10. REPAIRS AND MAINTENANCE The County agrees at its expense to make all routine repairs to the Facility, including structural, air conditioning, electrical, plumbing, sewer conditions, and all other repairs that may be required to be made. The Red Cross at its expense agrees to deliver to the County upon the termination of this Agreement, the Facility in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. Any structural changes proposed by the Red Cross require prior County approval. Red Cross shall return the space used to its original condition upon termination of this Agreement. The Red Cross shall keep the Facility at all times in a clean and orderly condition and appearance and all of the Red Cross's fixtures, equipment and personal property which are located on any GAATTY\AGREEMNT\FAC-USE\Red Cross-07.wpd -3- part of the facility which are open or visible to the general public shall likewise be so kept and maintained. In the event that the Red Cross fails in any material respect to so clean the Facility within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, at its option, and in addition to any other remedies which may be available to it, clean all or any part of the Facility included in such notice, and cost shall be payable by the Red Cross immediately upon demand of the County. 11. ADDITIONAL COVENANTS OF RED CROSS A. The Red Cross shall use and occupy the Facility solely for the purpose specified in Paragraph 2 of this Agreement. B. The Red Cross shall pay all applicable taxes, assessments on its operation as well as on goods, merchandise, fixtures, appliances, equipment and property owned by it and located in or about the Facility. 12. DEFAULT; TERMINATION Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. In the event the County terminates this Agreement, the County shall have the right to re-enter or repossess the property during the period of the Red Cross's right to use thereof, either by force, summary proceedings, surrender or otherwise, and dispossess and remove therefrom the Red Cross or other occupants thereof, without being liable for any prosecution therefore and shall have the right to utilize the Facility as it determines to be in the best interests of the County. Should the County incur expenses in enforcing its rights hereunder, specif ically including attorneys' fees and court costs (at the lower court and appellate levels), said expenses shall be borne by the Red Cross. 13. NON-DISCRIMINATION The Red Cross for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 14. CONFLICT OF INTEREST The Red Cross hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Red Cross further represents and warrants that in the performance of this Agreement, no person having such GAATTY\AGREEMNT\FAC-U5E\Red Cross-07.wpd -4- interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 15. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 16. ENTIRE AGREEMENT This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes al► other negotiation, understandings, and representations (if any) made by and between such parties. 17. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 18. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 19. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. G;\ATTY\AGREEMNT\FAC-U5E\Red Cross-07.wpd -5- 20. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be 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 (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO ST. LUCIE COUNTY St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO THE Red Cross: Executive Director American Red Cross 2506 17'h Avenue Vero Beach, Florida 32960 WITH A COPY TO: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommuniated if by telegraph, (c) on the date of transmission with confirmed answer bank 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. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 21. HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 22. PRONOUNS In this Agreement,the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. GAATTY\AGREEMNT\FAC-U5E\Red Cross-07.wpd -6- 23. SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 24. WAIVERS The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 25. GOVERNING LAW: VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of 12007. ATTEST: M Deputy Clerk GAATTY\AGREEMNT\FAC-U5E\Red Cross-07.wpd -7- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: C7AATTY\AGREEMNT\FAC-U5E\Red Cross-07.wpd -8- APPROVED AS TO FORM AND BY: CORRECTNESS: County Attorney AMERICAN RED CROSS -NORTH TREASURE COAST CHAPTER President r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2E DATE: August 14, 2007 REGULAR[] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Mark Godwin SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Contract Extension for Human Services Associates, Inc. to operate the Juvenile Assessment Center BACKGROUND: The Juvenile Assessment Center (JAC) provides booking, security, screening, and case management services for juveniles that have been taken into custody by law enforcement for new law violations, truancy, and running away. Also, referrals are made to parents linking them with community resources, provision for medical/mental health and substance abuse screening, interview for risk identification and release to their legal parent/guardian. FUNDS AVAILABLE: County budgeted funds available through 9-30-07, furthermore, funding for 2/3rds of costs is pending from the Cities of Ft. Pierce and Port St. Lucie. PREVIOUS ACTION: Board Approved previous Contact in June, 2005 for 18 months. RECOMMENDATION: Staff recommends an extension of the contract with the current the contractor, " Human Services Associates, Inc.", who will continue to provide booking, security, screening, and case management services at the St. Lucie Juvenile Assessment Center (JAC), located at 1215 Bell Avenue, Ft. Pierce, Florida, in St. Lucie County. This extension will be retroactively dated from (2\28\07) thru (9\30\07). The Program operates 24 hours a day, 365 days per year. COMMISSION ACTION: CONCUR E: pCj APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Douglas Anderson County Administrator Review and Approvals County Attorney: ✓ Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 FOCUSING ON FAMILIES June 12, 2007 Mr. Mark Godwin Criminal Justice Coordinator 2300 Virginia Ave 3rd Floor Admin Annex Fort Pierce, FL 34982-5652 Dear Mr. Godwin: Attached please find four signed copies of the First Amendment to the June 28, 2005 contract. All copies have been witnessed. Once executed, please forward a copy to my attention. If you need any additional information, you may contact me at (407) 422-0880 or drrooks(cD-hsainc.org. Sincerely, David R. Rooks Vice President /drr enclosure �a �I ����,h'"�� io aon oernnrm[HT or CHILDREN �� )LNTY as T Q FAMILIES 1703 W. COLONIAL DRIVE ♦ ORLANDO, FL 32804 ♦ PHONE: 407.422.0880 ♦ FAx: 407.284.1050 WWW.HSAINC.ORG ♦ FRANK B. FRANCISCO, PRESIDENT FIRST AMENDMENT TO JUNE 28, 2005 CONTRACT THIS FIRST AMENDMENT is dated this day of , 2007, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County," and HUMAN SERVICES ASSOCIATES, INC. hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, on June 28, 2005, the parties entered into a Contract, which, provided for the Contractor to perform the booking, receiving, security, screening, case management, data collection and reporting services at the St. Lucie Juvenile Assessment Center located at 1215 Bell Avenue; and, WHEREAS, the parties desire to extend the term of the Agreement through and including August 31, 2010. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: Paragraph 4 TERM shall be amended to read as follows: 4. TERM The term of this Agreement shall begin on the date first above written and shall continue through and including September 30, 2007 unless otherwise terminated as provided for in the Contract. 2. All other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: 'WIFE, WITLUM APPROVED AS TO LEGAL FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: HUMAN SE VICE AS5 CIATES, INC. EY: \' PRINT NAME: TITLE: g\atty\kathetine\kathcrine\contra is\Ia.humanssc Aces 2 AGENDA REOUFST TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation ITEM NO: C-3�4_ DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ CONSENT [Xl PRESENTED BY: Debra Brisson SUBJECT: Request for Approval to Serve Alcohol at Maravilla Recreation Center BACKGROUND: Raquel Olivares is hosting a reception at Maravilla Recreation Center on August 25, 2007. As part of the event, alcohol will be served/sold and as required by County Ordinance 1-15-23, BOCC approval must be acquired. FUNDS ARE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Raquel Olivares's request to serve/sell alcohol at the Maravilla Recreation Center during the August 25, 2007 reception that she is hosting. COMMISSION ACTION: )C] APPROVED [ ] DENIED [ ] OTI4ER: Approved 5-0 CONCURRENCE: Z-/ z - o Anderson County Administrator C Coordination/Signatures County Attorney: �`/''� Management & Budget: Purchasing: Originating Dept: Other: Admin/Finance_ applicable) • Parks and Recreation Department Memorandum To: Board of County Commissioners From: Debra Brisson, Parks & Recreation Director Subject: Agenda Request C-3c, August 14, 2007 Request for Approval to Serve Alcohol at Maravilla Recreation Center Date: July 31, 2007 Raquel Olivares is hosting a reception at Maravilla Recreation Center on August 25, 2007. As part of the event, alcohol will be served/sold and as required by County Ordinance 1-15-23, BOCC approval must be acquired. DB:bjh C: Douglas M. Anderson Fay Outlaw 07/27/2007 14:18 7724622377 PAGE 02/02 ALCOHOL BEVERAGE PERMIT ST. LUCIE COUNTY PARKS AND RECREATION DEPT. (Plus form is to be used in conjunction with the facility Use Permit) I, lS representing�L �- request a p t to �f nsume and/or sell alcoholic rages for on -site consumption at t ly [ on (3 � t�`)1 �7 Criteria for issuance of the aermit 1. An appIicant must be at least 21 years of age. 2. An applicant must possess a valid driver's license or another form of identification containing a current address. 3. Application for permit trust be completed and delivered to the Parks and Recreation Department at least 15 days prior to the event. 4. User trust present a General Liability Insurance policy certificate for the date of use and a host liquor liability policy certificate gay in an amount not less than one million dollars ($1,000,000) when the facility use permit application is submitted. 5. In the event any user intends to sell alcoholic beverages, they are required to meet all state requirements regarding sale of alcohol and obtain all required permits. Copies of said permits shall be submitted with the facility use permit. 6. The user must pay the cost of security provided by the St. Lucie. County Sheriff's Off tee. The fee is payable directly to the Parks and Recreation Department at the time of payment for, the facility use. Conditions of Penni# 1. Person signing the permit must be present during the event. 2. Area of permit use will be confined to the area specified above. User shall be responsible for the behavior of any parties with the user's group, 3. User is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 4. Alcoholic beverages shall be sold/served only in conjunction with food sales. No alcohol will be served during the last 30 minutes of the user's event. 6. The user must abide by all other operational policies and procedures as set forth in the facility use permit. Any violation of any of these rules can result in termination of the event. 7. User is not to state that St. Lucie County is a sponsor or participant in the event. By signing, I agree to abide by :he laws of the State of Florida as they apply to the consumption of alcoholic beverages, a licable St. Lucie County ordinances and the conditions of this permit as set out above- , Si tta6r_e V)kpplicant Date Recreation Division Signature 10/02 Date State Permit Received Date Insurance Certificates Received AGENDA REQUEST COUNTY L710. R xI D A A ITEM NO: C-3b DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: City of Port St. Lucie Request —South County Stadium BACKGROUND: The city of Port St. Lucie is asking to use the fenced "bus parking area" at the South County Regional Stadium on Saturday, August 18, 2007. The purpose is to host the "Hispanic Heritage Month Festival" sponsored by the Puerto Rican Assoc. for Hispanic Affairs, Inc. The December 21, 1999 sublease entered into by the City & County entitles the City use of the facility 182 days annually including concession rights. The festival will include the sale of alcoholic beverages. As per County Ordinance 1-15-23, Board of County Commissioner approval must be obtained for consumption and/or sale of alcohol at any County facility FUNDS ARE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the City of Port St. Lucie request to utilize the fenced "bus parking area" of the South County Regional Stadium on August 18, 2007. Staff recommends that the Board approve the City of Port St. Lucie request including the sale of food and alcoholic beverages. COMMISSION ACTION: A, APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: D ug V Anderson County Administrator Coordination/Si nag tares County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Admin/Finance applicable) Parks and Recreation Department Memorandum To: Board of County Commissioners From: Debra Brisson, Parks & Recreation Director Subject: Agenda Item #C-3b, August 14, 2007 City of Port St. Lucie Request — South County Stadium Date: July 30, 2007 BACKGROUND: The City of Port St. Lucie is asking to use the fenced "bus parking area" at the South County Regional Stadium on Saturday, August 18, 2007. The purpose is to host the "Hispanic Heritage Month Festival' sponsored by the Puerto Rican Assoc. for Hispanic Affairs, Inc. The December 21, 1999 sublease entered into by the City & County entitles the City use of the facility 182 days annually including concession rights. The festival will include the sale of alcoholic beverages. As per County Ordinance 1-15-23, Board of County Commission approval must be obtained for consumption and/or sale of alcohol at any County facility. DB:bjh 07/31/2007 12:12 7724622377 PAGE 01/01 CITY OF PORT ST..LUCIE PARKS & RECREATION A CITY FOR ALL AGES February 28, 2007 Ms. Debra Brisson St. Lucie County Parks & Recreation 2300 Virginia Aventte Fort fierce, FL 34982 Dear Ms. Brisson: The City of Port St. Lucie would like to once again request the use of the fenced "bus part rea" aof the South Country Regional Stadium on Saturday, Ju - k Us-u57- Ste, 2007. We are nuking this request under the sublease the city and County entered into on December 21, 1999. The purpose of this request is to host a festival sponsored by the Puerto Rican Association for Hispanic Affairs, Inc., similar to last years San Juan Festival, however this year the event will be two days. As was the case last year, we would request that the County waive its concession tights for the two days. It is the intention of the Association to charge an admission to the festival, the sale of alcoholic beverages and food is auticipated. I appreciate your consideration of this request and loop forward to your response. Sincerely, l� Chuck froulx, Certified Parks & Recreation Professional Parks and Recreation Director CP/klm cc: Robert Roldan, President PuertoRican Association Jerry Bentrott, Assistant City Manager Gerry Melville, Deputy Director of Parks H;\K=vaM03%tonc&M mquly67.doc 2195 SE Airoso Boulevard - Port St, Lucie, FL 34984.5099 - 772-878.2277 • Fax 772-871-5290 1 TDD 772-878.2277 AGENDA REQUEST ITEM NO. C4 DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: Tom Genung SUBJECT: Approve Budget Amendment necessary ($53,524) to complete the new Digital Court Reporting System using funds from the Court Administration court innovations fund. BACKGROUND: The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in the 7th Street Juvenile Courthouse. Before this system can be installed and made operational, it is necessary to purchase server hardware and hardware required for sound reinforcement in each courtroom and hearing room. The server hardware installed will accommodate up to 6 additional rooms in the future. This purchase includes server hardware, microphones, amplifiers and mixers. The amount listed above includes installation costs of the above hardware. FUNDS AVAILABLE: Furigawill be made available in the Court Innovations Fund. 62NJ- 07-564000-6000 $41,864.00 6207-551501-6000 $11,660.00 $53,524.00 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve Budget Amendment #BA07-074 in the amount of $53, 524. COMMISSION ACTION: k] APPROVED [ ] DENIED [ ] OTHER Approved 5-0 C OCURRENCE: Doug Anderson County Administrator Coordination/Signatures County Attorney: 9LrXr#piih Management & Budget: Other: Finance: (Check for Copy only, if applicable) BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT PREPARED DATE: AGENDA DATE: COURT ADMINISTRATION 7/31/2007 8/14/2007 ACCOUNT NUMBER ACCOUNT NAME_ AMOUNT TO: 107-6291-564000-6000 Machinery & Equipment $41,864 107-6291-551501-6000 Office SuDDlieS-Computer $11.660 FROM: 107-6291-599300-6000 REASON FOR BUDGET AMENDMENT: To complete new Diqital Court R CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: Reserves I the 7th Street Juvenile Courthouse. 53,524 nla BA07-074 MEMORANDUM TO: Board of County Commissioners FROM: Thomas A. Genung, Court Administrator SUBJECT: Approve Budget Amendment necessary ($53,524) to complete the Digital Court Reporting System using funds from the Court Administration court innovations fund. DATE: August 14, 2007 The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in the 7th Street Juvenile Courthouse. Before this system can be installed and made operational, it is necessary to purchase server hardware and hardware required for sound reinforcement in each courtroom and hearing room. The server hardware installed will accommodate up to 6 additional rooms in the future. This purchase includes server hardware, microphones, amplifiers, and mixers. The amount listed above includes installation costs of the above hardware. Staff recommends the Board of County Commission approve expenditure in the amount of $63,524. REV.1 PRICE QUOTATION Prepared for 19th Judicial Circuit St Lucie County 20 July 2007 - STATEMENT OF WORK: CourtSmart shall install 2 digital recording courtrooms along with the A/V at the 71h Street Juvenile Facility in accord with the specifications below. Server hardware will be installed that will accommodate up to 6 anticipated rooms in the future. Microphone Requirements: Courtroom 1 3 - Goose Neck Microphones with Bases (Judge, and two attorney tables) 1 - Goose Neck Microphone without Base (Witness) 3 - Button Microphones 4 - Choir Microphones Courtroom 2 (Small in size) 2 - Goose Neck Microphones with Bases (Judge and Clerk) I - Goose Neck Microphones without Bases (Witness) 3 - Button Microphones 1 - Choir Microphone St Lucie Juvenile 19`h Circuit CONFIDEN'rIAL 7/20/07- REV.1 Please build the system with the following additional requirements: 1. Both Courtrooms should be equipped with audio and video (including cameras) 2. The audio and video servers should be sized to support six full size courtrooms. This will allow expansion without having to purchase new servers 3. Both Courtrooms should have BFLs 4, Both Courtrooms should be capable of remote monitoring either locally or over WAN infrastructure 5. Please provide five (5) client licenses 6. Include full height Dell rack in quote 7. Include Audio rack for each courtroom 8. Include UPS for all equipment as standard like in previous quotes. 9. Include Extron control boxes, or similar function, for each courtroom 10. Provide one (1) Portable ADA Compliant Hearing Assisted System that can be used in any of the two courtrooms above. This system should be capable of plugging into the mixer or output channel of the CourtSmart System. 11. Include one (1) amplifier like what has been provided in existing 19th Judicial Circuit quotes to be used in Courtroom 1 (above) 12. Include three (2) Lectrosonic Matrix Mixers, one for the Courtroom and Hearing Room sized for each room RESPONSIBILITIES: 1. The 19th Circuit is responsible for all cabling within the courtrooms and from each courtroom to the server location per CourtSmart specifications. 2. The 19th Circuit will furnish all client/workstations connected to the Local Area Network in the courtroom and wherever client workstations are needed. 3. CourtSmart shall install and supply all required audio/video components and provide a +4dbu balanced line level signal for each primary channel and a similar composite signal for the backup server.. 4. The 19th Circuit will furnish all network infrastructures. 5. The 19th Circuit shall provide a VPN to CourtSmart for support and maintenance purposes. ALL PRICING IS IN ACCORD WITH FL ITN #06-001-JC 1 Courtroom and 1 Hearing Room Servers Backup Server 1 $ 7,900 $ 7,900 DELL 1800 Dual Core XEON RAID 5, 2.5 TB, DVD-RAM Windows Server 2003, SQL Video Recording Server 1 $ 5,600 $ 5,600 St Lucie Juvenile 19`" Circuit CONFIDENTIAL, 2 7/20/07- REV.1 DELL 1950 Dual Core XEON Video Encoders (8 channel) Control Room Full Height Server Rack Rack Mount 2200VA UPS KVM Switcher Rack Mount monitor/keyboard/mouse VU Meters (2@$1850) Software Client BFL Courtroom LED Recording Display Audio/ Courtroom AN 41 Video 2 microphones (2@$340 each) 2 Choir Microphones Microphone Bases (1 @ $120) Lectrosonic Matrix Mixer DM1612 TOA Amplifier Audio rack UPS/Power Conditioner Speakers (10@ $224) Installation/Misc Sennheiser Portable ADA Smaller Hearing Room — 42 Lectrosonic DM812 Microphones — AKG/ASTATIC Per room (7 @ 340) 3 Gooseneck 3 Clock 007 1 Choir Microphones Microphone Bases (2@ $120) Installation & Misc Audio Rack UPS — Line Conditioner 1 $ 12,675 $ 12,675 2 $ 1,200 2 $ 550 1 $16,234 $ 680 $ 120 $ 4,250 $ 1399 $ 325 $ 280 $ 2,240 $ 2,450 $ 4,490 $ 7,615 1 $ 3,150 7 $ 2,380 $ 240 1 $ 1240 1 $ 325 1 $ 280 $ 2,400 $ 1,100 $ 16,234 $ 7,615 TOTAL ST LUCIE JUVENILE (Part 3) $ 53,524 St Lucie Juvenile 19"' Circuit CONFIDENTIAL. 3 7/20/07- REV.1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) ITEM NO. C 5a DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: Ition West Public Works Director SUBJECT: Spoil site assessment for Taylor Creek Restoration Dredging Project Phase 2. Approval of WA # 5 with Dredging and Marine Consultants, LLC., for Engineering Services. BACKGROUND: In 1998, the County initiated the Taylor Creek Dredging and Restoration Project, to remove the muck sediments from Taylor Creek. Removal of muck sediments from the tributaries to the Indian River Lagoon is a goal of the IRL National Estuary Program. In 1999, the County initiated a spoil site study, to select a location for the Taylor Creek Project. A total of 13 site were studied, to select a location for the Taylor Creek Project. A total of 13 sites were evaluated for feasibility as potential dredge spoil disposal sites. In December of 2000, the County selected the "Seminole Property" as a potential permanent spoil site. In early 2001, the City of Fort Pierce and St. Lucie Village objected to the use of the "Seminole Property" as a permanent spoil disposal site. The County proceeded with selection of an alternate location to be used as a temporary spoil site. The Port Property was determined to be the best location for a temporary spoil site, due to the fact that it was previously built out of dredged fill material. In September of 2003,. Mr. Lloyd Bell granted the use of his Port Property as a temporary spoil site. In April of 2004, the County commenced construction of Phase 1 of the Taylor Creek Dredging Project. A 16 acre spoil disposal site was constructed for handling the muck sediments. The Project was completed in June of 2005, and the spoil site has not been used by the County since. FUNDS AVAILABLE: Funds will be made available in the Port Budget Grant Account #-140329-4315-534000- 4657. PREVIOUS ACTION: 10124106: BOCC action to relocate the spoil site on Mr. Bell's Port Property. 03127107: Award of Construction Budget in the amount of $185,406.00 for removal of spoil site. 04127107: Award of Management Services of Spoil site removal at the Port of Fort Pierce with Dredging and Marine Consultants, LLC. RECOMMENDATION: Public Works Staff is requesting Board approval of WA 5 5 with Dredging and Maine Consultants, LLC in the amount of $9,500.00 for Engineering Services for Taylor Creek Dredging. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER Dou la Anderson Approved s-o County Administrator I] County Attorney [ ] Mgt A Budget ''Pr '' 1�' t— [ 1 originating Dept. Public Works V" U Project Manager I 1 Budget A Rev. Coor. [ ] Purchasing Dept. [ ] Road & Bridge (] ERD [XI Copy to Finance [ ] Other Dredging & Marine Consultants DMC ENGINEERS • SCIENTISTS July 17, 2007 DMC PN: 07-002-09 Mr. Donald B. West, P.E. Director of Public Works St. Lucie County 2300 Virginia Ave, 2nd Floor, Annex Room 229 Ft. Pierce, FL 34982 RE: Taylor Creek Restoration Dredging Project Phase 2 TUMMA Assessment Engineering Services; Scope of Services, Budget, and Schedule Dear Mr. West: Dredging & Marine Consultants, LLC (DMC) is pleased to submit this proposal with supporting exhibits for the above referenced project. At your request, we have attached the three exhibits: Exhibit A - Scope of Services, Exhibit B - Budget, and Exhibit C — Schedule. These services include the necessary services to prepare a report on the environmental and engineering assessment of utilizing four potential sites that have been identified by the City of Fort Pierce as the Temporary Upland Dredge Material Management Site for the Taylor Creek Dredging, Phase 2. DMC is able to commence work immediately upon receipt of the County's Notice to Proceed. We look forward to working with St. Lucie County. Respectfully, Dredgir&Mine Consultants, LLC Shailesl, M.Sc., CPSSc. Project Manager C:\DMC PROJECTS\002 -St. Lucie County\07-002-09 Taylor Creek Dredging TUMMA Assessment\07-002-09St.LucieCounty TaylorCreekDredging Phase 2 TUMMA Assessment Proposal Coveritr07-17-07.doc 5889 S. Williamson Blvd., Suite 1407 • Port Orange. FL 32128 • Phone: 386-304-6505 • Fax: 386-304-6506 spatel@dmces.com • www,dmces.com Exhibit A Scope of Services Project: Taylor Creek Restoration Dredging Project Phase 2 TUMMA Assessment Client: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 07-002-09 Scope of Services Task 1: Environmental and Engineering Assessment: This task will include field visits to four upland sites that have been provided by the City of Fort Pierce as potential City sites, to evaluate as the temporary dredged material management site(s) for the Phase 2 dredging of Taylor Creek. Our engineers and ecologists will review each site for any environmental issues and challenges, including both flora and fauna threatened and endangered species. The site(s) will also be assessed for dredging efficiency to site, potential surrounding impacts and issues as well as for temporary dredged material treatment, storage and hauling. We will coordinate with regulatory agencies for their input on these sites in terms of permitting requirements and restrictions. This task will also provide a potential cost for utilization of each site, if suitable. Task 2: Report and Meetings: This task will involve providing the County with a report of our findings. We anticipate one meeting with the County and potentially two meetings with the public regarding the findings. C:OMC PROJECTS1002 -St. Lucie County107-002-09 Taylor Creek Dredging TUMMA Assessment107-002-09St.LucieCounty TaylorCreekDredging Phase 2 TUMMA Assessment Scope Exhibit A07-17-07.doc lk=V tp a Madre ConsuHonts DMC ENGINEERS • SCIENTISTS Exhibit B Budget Project: Taylor Creek Restoration Dredging Project Phase 2 TUMMA Assessment Client: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 07-002-09 Budeet Task Description Cost (S) 1 Environmental and Engineering Assessments of four sites 6,600.00 2 Report and Meetings 2,900.00 TOTAL 9,500.00 C.\DMC PROJECTS\002 -St Lucie County107-002-09 Taylor Creek Dredging TUMMA Assessment\07-002-09St.LucieCounty TaylorcreekDrcdging Phase 2 TUMMA Assessment BudgetExhibit B 07-17-07.doc Dredging & Madne Consullants DMC ENGINEERS • SCIENTISTS Exhibit C Schedule Project: Taylor Creek Restoration Dredging Project, Phase 2 TUMMA Assessment Client: St. Lucie County County Project Manager: Mr Donald B. West, P.E. DIVIC Project Manager: Mr. Shallesh K. Patel, M.Sc., CPSSc. DIVIC Project Number:07-002-09 Task F-1 IlEnvironmental [a:] Description & Engineering Assessments FReport & Meetings Weeks from Notice to Proceed 1 2 3 4 05 6 I LILIF-IF❑ M = Meeting F = Final Report P = Presentation C.OMC PROJECTM02 -St. Lucie County\07-002-09Taylor Creek Dredging TUMMA AssessmerA07-002-0881: LucieCountyTaylorCreekDredging Phase 2 TUMMA Assessment Schedule Exhibit C 07-17-07 & Madne ComuVants - SCIENTISTS WPM COUNTY` F L O R I D A - WORK AUTHORIZATION NO.05 CONTRACT C04-12-563 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2007, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and DREDGING & MARINE CONSULTANTS, LLC, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on July 13, 2004, the COUNTY entered into a Consulting Agreement (Contract No. C04-12-563) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: TAYLOR CREEK RESTORATION DREDGING PROJECT, PHASE 11 TUMMA ASSESSMENT (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C04-12-563). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall be billed on an hourly basis, and shall not exceed a total amount of nine thousand five hundred and 001100 dollars ($9,500.00), as further detailed in Exhibit "B". A rtnNTpa T nnri IMFIUT- Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work within the time specified in the Exhibit "C". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. BOARD OF COUNTY COMMIS: ATTEST: ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DREDGING & MARINE CONSULTANTS BY: Print Name: Title: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C 5 DATE: August 14, 2007 REGULAR[] PUBLIC HEARING [ J CONSENT [x] PRESENTED BY: A�lrw,�U_ Mickel V. Po% , P.E. County Engine SUBJECT: Waterston Subdivision — Conditional acceptance of concrete sidewalk and acceptance of Maintenance Bond and Maintenance Agreement. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends the following to the Board: 1. Conditional acceptance of the constructed improvement (8' concrete sidewalk). 2. Accept the Maintenance Bond in the amount of $18,000.00. 3. Approve the Maintenance Agreement and authorize the Chairman to sign. COMMISSION ACTION: K,APPROVED [ ] OTHER [x] County Attorney [ ] DENIED [x]Orig. Dept. Public Works Ns - Waterston accept mainten rce nd.ag Approved 5-0 CONCUR CE: ou6ladAnderson County Administrator Coordination/Slanatures [ ] Mgt. & Budget [ ]Exec. Asst. [x] County Surveyor. /11-1 [ ]Env. Resources DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer A4VP DATE: August 14, 2007 SUBJECT: Waterston Subdivision — Conditional acceptance of concrete sidewalk, acceptance of Maintenance Bond and Maintenance Agreement. Resolution No. 03-240 required that the developer construct a concrete sidewalk along the parcels west property line abutting Emerson Avenue. The developer has completed the construction of the required sidewalk and has supplied the required record drawings, test data and certification of completion. The required documents have been reviewed by staff. Staff recommends the Board conditionally accept the constructed improvement (8' concrete sidewalk), together with the Maintenance Bond and Maintenance Agreement, and authorize the Chairman to sign. MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this _ day of MA,rci4 by and between 't e. c L: j (/; (6, i , jtesbt &* C(C (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political sub 'vision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer intends to construct J Qw 5,yt %.. k (the "Improvements") and convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of et�j r„jA&s&kk4 dollars ($�, representing fifteen percent (151/o) of the gopt of ttl a Improvements as submitted by the Developer's engineer and approved by the ►Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, C(.L- 149; dated JWM 04 20*6 . This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners and recommend that the Improvements be conditionally accepted. 1 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. 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 St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) 2 IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. WITNESSES: BY: Elizabeth E. PRINT: Kenr�eczy TITLE: Aembt,r ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK ROAD MAIN? AGREE%ffNT FOWAOC BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: 3 COUNTY ATTORNEY 1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN ITEM NO. C5c DATE: August 14, 2007 REGULAR:( ) PUBLIC HEARING: ( ) CONSENT: (X) PRESENTED BY: Don West Public Works Director SUBJECT: Award Bid #07-089, Taylor Creek Restoration Project Shoreline Stabilization, Phase 3. BACKGROUND: Taylor Creek/C25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Infra -coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. In April,'2003, the County submitted permit applications for the entire Taylor Creek Dredging Project. In August, 2003 a decision was made to subdivide the Project into 3 Phases for purposes of permitting and construction. This decision was based upon the complexity of permitting issues and the need to expend grant funds in a timely manner. Currently, Phase 1 of the dredging has been completed. Approximately 100,000 cubic yards of muck sediments have been dredged from the navigation channel, east of the Railroad Bridge. Public Works Staff is ready to Proceed with construction of Phase 3 of the Project. mproveme inclu a stabilization of the shore ire and the a s Creek at se ected locations. Limits of the Project are een the spinway structure and the U.S. On July 31, 2007 bids were opened for the Taylor Creek Restoration Phase 3 Project. One thousand six hundred and forty-six 1,646.00) vendors were noted, sixty-nine (69) sets of bid documents were distributed and eleven (11) bids were received. The lowest qualified bidder is Ranger Construction, Inc., in the amount of $1,108,736.00, (see attached copy of bid tabulation). Several Agencies are partnering with St. Lucie County to accomplish the restoration of Taylor Creek, including South Florida Water Management District (SFWMD), St. John's River Water Management District (SJRWMD), Florida Ports Council, (FSTED), and Florida Inland Navigation District (FIND). Funding for the Phase 3 Taylor Creek Construction Project is being provided by the following list of Agencies in the amount shown: Small County Dredging Program $ 975,000.00 St. Lucie Matching Funds $ 58,000.00 Fla Inland Navigation District (FIND) $ 267,000.00 Fla Seaport Council (FSTED) $ 340,707.87 St. Lucie County Matching Funds (50%) $ 340,707.87 $1,981,415.74 The Project Budget will be established as follows: Construction Contract $1,108,736.00 Soil & Water Quality Testing $ 30,000.00 Contingencies $ 111,264.00 Total Project Budget $1,250,000.00 FUNDS AVAILABLE: Funds will be made available in FDOT Taylor Creek Restoration Grant, Account No's: 140329-4315-546350-4657; 140800-4315-563000-4657; and County Match; 140001-4315-563000-4657, along with Board approval of the JPA with FDOT and FI Ports Council (FSTED) for Resolution # 07-234 FSTED's contribution in the amount of $975,000.00. PREVIOUS ACTION: 3/9/99: Approval of Work Authorization #11 with Williams, Hatfield & Stoner in the amount of 11,000 for preparation of FIND Grant. 5/4/99: Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process. 2/15/00: Approval of Work Authorization #13 with Williams, Hatfield & Stoner in the amount of $86,900 for sediment testing and analysis. 3/7/00: Approval of Work Authorization #14 with Williams, Hatfield & Stoner in the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 5/1101: Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and permitting of Taylor Creek Project. 2/5/02: Approval of Work Authorization #2 with BCI in the amount of $33,050 for the Taylor Creek Restoration Dredging Project Shoreline Stabilization and Improvements Reach 2. 3/5/02: Approval of Work Authorization #3 with BCI Engineers, Inc. in the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. 8/22/03: PO #2313380 for Arc Surveying for Hydrographic Survey in the amount of $18,500. 8122/03: PO #2313388 for Elab for Analytical Services in the amount of $18,894.00- 8/22/03: PO # 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10,050.00. 9/30103: PO #2313589 for Dredging & Marine Consultants, Inc. for Grant Coordination and Permit Finalization in the amount of $19,990.00. 2/04104: Approval of contract with DMC Engineering in the amount of $24,970.00 for preparation of bid documents & specifications. 2/17104: Approval of Work Authorization #4 with BCI in the amount of $7,494.00 for design of spoil site. 3/16/04: Award of Construction Contract for Phase I Dredging of Taylor Creek in the amount of $2,485,820.00. 6/7/05: Approval of time extension extending project to September 30, 2006. 1/9/06: Board accepted the Taylor Creek Phase 1 Dredging project and released retainage and final payment to Lake Michigan Contractors, Inc in the amount of $648,315.65- Is 9119106: Approval of time extension, extending FETED grant contract to September 30, 2008. 5/2106: Board approved the Taylor Creek/C25 Dredging Restoration Project Phase 3 to Dredging and Marine Consultants, Inc in the amount of $107,500.00. 03/27/07: Award of Construction contract to Sheltra Construction, Inc., in the amount of $185,406.00 for removal of Spoil Site. 04117/07: Spoil site removal at the Port of Fort Pierce. Approval of contract with Dredging and Marine Consultants, LLC., for Engineering Design and Construction management services. WA #4. 04/24107 Approval of Amendment of WA # 3 with DMC, Inc in the amount of $7,725.00 for permitting of Spoil Site removal. 06126107: Approval of Change Order No. 1 with Sheltra Construction Inc., in the amount of $121,392.00 for removal of Spoil Site. 08114107: Approval of WA # 5 with Dredging and Marine Consultants, LLC., for Spoil Site Assessment Study. RECOMMENDATION: Public Works Staff recommends award of Bid No. 07-089, Taylor Creek Restoration Project Shoreline Stabilization, Phase 3 to Ranger Construction, Inc. In the amount of $1,108,736.00, establish the Project budget as outlined above, and authorization for the Chairman to sign the contract as approved by the County Attorney. COMMISSION ACTION: CoNCNCE: KAPPROVED❑ DENIED 41=1'� 0 OTHER: Administrator Approved 5-0 ®OrigiVng W. Wks. WBudget Douglas Anderson County Review and Approvals n County Attorney: % 4L,n p*'^ ® Management and es Purchasing: a Parks 6 Recreation: u Environmental Lands: o Finance 4 a Other Anyone with a disability requiring accommodation to attend this meeting should contact the St Luck County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) Lours prior to the meeting. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR Bid #07-078 — TAYLOR CREEK SHORELINE STABILIZATION, PHASE III TABULATION SHEET OPENED: JULY 31, 2007 AT 2:00 P.M. Eleven submittals were received: Total Bid Price Ranger Construction P.O. Box 14589, Ft. Pierce, FI. 34979 $1,108,736.00 Fax: (772) 466-9559 South Florida Land Clearing, Inc. 15701 Orange Av. Ft. Pierce, FI. 34945 $1,241,829.67 Fax: (772) 461-9523 Alliance Steel Construction, Inc. 3500 Nth 12th St., Superior, WI. 54880 $1,324,776.58 Fax: (715) 392-6862 Sunshine Land Design P.O. Box 559 Port Salerno, FI. 34992 $1,386,767.98 Fax: (772) 283-8944 Johnson- Davis 604 Hillbrath Drive, Lantana, FI. 33462 $1,513,330.00 Fax: (561) 585-5252 Native Technologies 814 South Military Trail, Deerfield Beach, FI. 33442 $1,682,359.37 ** Fax: (954) 480-6249 Timothy Rose Contracting, Inc. 1360 SW Old Dixie Hwy, Suite 1D6 Vero Beach, FI. 32962 $1,727,428.20 Fax: (772) 564-7888 Sitewerks, Inc. 4045 43rd Ave. Vero Beach, FI.32960 $1,752,456.10 Fax: (772)562-2773 Worth Contracting, Inc. 2112 Jernigan Road, Jacksonville, FI. 32207 $1,853,106.70 Fax: (904) 396-1888 Optimum Services, Inc. 690 Highway 70 East, Okeechobee, FI. 34972 $1,902,470.59 Fax: (863) 467-8067 Lucas Marine Construction 3130 SE Slater Street, Stuart, FI.34997 $1,970,968.00 Fax: (772) 286-1139 ** Vendor considered non responsive Number of companies notified*: 1646 Number of bid documents distributed*: 69 Number of bids received: 11 *per demandstar.com JOSEPH E. SMITH, District No.1 # DOUG COWARD, District No. 2 ♦ PAULAA. LEWIS, District No. 3 ♦ FRANNIE HUTCHINSON, District No. 4 ♦ CHFRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 website: www.co.st-Iucie.fl.us INVESTMENT FOR THE FUTURE ITEM NO: C 6 DATE: August14, 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Award Request for Bid #07-079 Fairgrounds Concession-Restrooms / County Fair Association Offices and Approve the use of Investment For The Future funds. BACKGROUND: On April 18, 2007 Bids 07-049, Fairgrounds Concession-Restrooms & County & Fair Association Offices were opened. Due to discrepancies all bids were rejected. Attached is the original Bid Tabulation Sheet for Bid 07-049, the lowest bidder was Richard K. Davis Construction @ $885.969.00. On July 23, 2007 Bid # 07-0790, Fairgrounds Concession —Restrooms & County & Fair Association Offices submittals were opened. Five hundred -eighteen (518) companies were notified, fifty (50) bid documents were distributed and nine (9) bids were received. All bids came in over budget. Staff is requesting that the Board of County Commissioners approve the use of $113,421 from Investment For The Future Funds to cover the budget deficit and award Bid #07-079 in the amount of $799,495 to AWM Construction, the lowest responsible, responsive bidder. PREVIOUS ACTION: Original Bid #07-049 rejected. FUNDS WILL BE MADE AVAILABLE: 310002-7420-562000-76550 (Parks Impact Fees- Fairgrounds- Buildings) 316-7420-562000-76550-(IFF- Fairgrounds — Buildings) RECOMMENDATION: Staff recommends that the Board of County Commissioners award Bid #07- 079 Fairgrounds Office, Concession & Restroom Building to AWM Construction in the amount of $799,495 and approve the use of $113,421 from Investment For the Future Funds to cover the projected budget deficit and give staff approval to negotiate with AWM Construction and approve the contract as drafted by the County Attorney and authorize the Chairman to sign. COMMISSION ACTION: CONCUR CE: [>fJ APPROVED [ j DENIED [ j OTHER: oug nderson Approved 5-0 D County Administrator Coordination/Signatures County Attorney: gt & Budget: F Purchasing: y Originating Dept: Public Works: Other: Parks & Recreation Department MEMORANDUM DATE: August 2, 2007 TO: Board of County Commissioners FROM: Debbie Brisson, Director RE: Bid 07-079 Fairgrounds Concession-Restrooms & County & Fair Association Offices On April 18, 2007 Bids 07-049, Fairgrounds Concession-Restrooms & County & Fair Association Offices were opened. Due to discrepancies all bids were rejected. Attached is the original Bid Tabulation Sheet for Bid 07-049, the lowest bidder was Richard K. Davis Construction @ $885.969.00. On July 23, 2007 Bid # 07-0790, Fairgrounds Concession —Restrooms & County & Fair Association Offices submittals were opened. Five hundred -eighteen (518) companies were notified, fifty (50) bid documents were distributed and nine (9) bids were received. All bids came in over budget. Staff is requesting that the Board of County Commissioners approve the use of $113,421 from Investment For The Future Funds to cover the budget deficit and award Bid #07-079 in the amount of $799,495 to AWM Construction, the lowest responsible, responsive bidder. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — BID #07-079 PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR FAIRGROUNDS OFFICE, CONCESSION AND RESTROOM BUILDINGS OPENED: JULY 23, 2007 AT 2:00 PM Nine (9) submittals were received for subject proposal: Total Bid Price AWM 296 N. US 1 Fort Pierce, FL 34946 $799,495.00 Tel: 772-466-7117 Fax: 772-467-9859 Paul Jacquin & Sons, Inc. 7348 Commercial Circle Fort Pierce, FL 34951 $849,900.00 Tel: 772-465-2475 Fax:772-466-2806 T & G Constructors 8491 NW 17th Street, Ste 110 Miami, FL 33126 $893,000.00 Tel: 305-592-0552 Fax: 305-592-0559 Richard K. Davis Construction PO Box 186 Fort Pierce, FL 34954 $917,322.00 Tel: 772-461-8335 Fax: 772-465-7665 Hennis Construction Co., Inc. 18500 Glades Cut -Off Road Port St. Lucie, FL 34987 $919,000.00 Tel: 772-464-2404 Fax: 772-464-4114 Ahrens Companies 1461 Kinetic Road Lake Park, FL 33403 $921,081.00 Tel: 561-863-9004 Fax: 561-863-9007 JOSEPH E. SMITH, District Nc.t ♦ DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 ♦ CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator- Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462.1700 - To (772) 462-1428 welosite: w .co.sl-Iucie, fl.us Kirchman Construction Co. 2597 SE Delmar Street Stuart, FL 34997 $945,700.00 Tel: 772-283-4256 Fax: 772-283-1570 Homecrete Homes, Inc. 759 S. Federal Highway, Ste 213 Stuart, FL 34994 $1,034,600.00 Tel: 772-873-6707 Fax: 772-873-6686 West Construction 318 South Dixie Highway, Ste 4-5 Lake Worth, FL 33460 $1,049,900.00 Tel: 561-588-2027 Fax: 561-582-9419 Number of companies notified*: 518 Number of bid documents distributed*: 50 Number of bids received: 9 *per demandstar.com JOSEPH E. SMITH, District No # DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, Distrct No, 5 County Administrator — Douglas M. Anderson 2303 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 website: v .co.st-Iucie.Fl.us PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: May 23, 2007 RE: Rejection of all Bids for ITB #07-049, Fairgrounds Office, Concession and Restroom Building Renovation Background: On April 18, 2007, submittals for ITB #07-049, Fairgrounds Office, Concession and Restroom Building Renovation were opened. Five hundred sixty one (561) companies were notified, forty seven (47) bid documents were distributed, and ten (10) submittals were received (bid tabulation attached). Although the low bidder, R.K. Davis and Associates was originally declared non -responsive due to errors in that firms bid submission, since there were discrepancies in the bid specifications, staff recommends that all bids be rejected and that the project should be re -bid. Recommendation: Staff recommends that the Board reject all Bids received for Bid #07-049 due to discrepancies in the bid specifications and re -bid the project. NA/ak BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR Bid #07-049 TABULATION SHEET FAIRGROUNDS OFFICE, CONCESSION AND RESTROOM BUILDINGS OPENED: APRIL 18, 2007 AT 3:30 P.M. Fairgrounds Office Concession & Building Bid Restroom Building Combination / Bid Total Bid AMW Construction, Inc. 2296 North US 1, Fort Pierce, FL 34946 $339,411.00 $658,829.00 Fax: (772) 467-9859 Barth Construction, Inc. 1717 Indian River Blvd, Vero Beach, FI 32960 $946,135.00 Fax: (772) 770-3017 CEM Enterprises, Inc. 1757 Benbow Court, Apopka, FL 32703 $487,800.00 $892,000.00 $1,379,800.00 Fax: (407) 884-2972 Close Construction, Inc. 301 NW 4th Avenue, Okeechobee, FL 34972 $479,178.00 $744,110.00 Fax: (863) 763-6337 Hennis Construction Company, Inc. 18500 Glades Cut -Off Road, Port St. Lucie, FI 34987 $888,000.00 Fax: (772) 464-4114 Homecrete Homes 759 S. Federal Highway, Stuart, FL 34994 $299,576.00 $778,044.00 $1,077,620.00 Fax: (772) 873-6686 Ocean Gate General Contractors 2854 SE Federal Highway, Stuart, FL 34994 $433,000.00 $739,900.00 $1,172,900.00 Fax: (772) 283-1538 Fairgrounds Office Concession & Building Bid Restroom Building Combination ! Bid Total Rid Richard K. Davis Construction Company PO Box 186, Fort Pierce, FL 34954 Fax: (772) 465-7665 $317,205.00 $593,147.00 $885,969.00 Summit Construction Management, Inc. 3200 43`d Avenue, Vero Beach, FL 32960 $1,038,584.00 Fax: (772) 794-2097 T&G Constructors 8491 NW 17"' Street, Suite 110, Miami, FL 33126 $364,000.00 $621,000.00 $930,000.00 Fax: (305) 592-0559 Number of companies notified*: 561 Number of bid documents distributed*: 47 Number of bids received: 10 *per demandstar.com ITEM NO. C-7 AGENDA REQUEST ZZ�1;Me1U►III WYdihnIJilf--%9[*1►14:111 SUBMITTED BY: Solid Waste Department DATE: 8/14/07 REGULAR( ) PUBLIC HEARING () CONSENT (X) PRESENTED BY: Leo J. Cordeiro, Solid Waste Director SUBJECT: Staff requests approval of EQ07-354 and authorize the bid waiver and sole source purchase of 1 Kelly Tractor Forklift for a total cost of $38,426. Additionally, staff request Board approval to transfer Property Record No. 50-0711, 2001 DP40K Forklift to Central Services. BACKGROUND: N/A FUNDS AVAILABLE: 401-3410-564000-300 Machinery & Equipment Funds are available in 401-3410-564000-300 due to EQ07-251 Trailer Mounted Vactron not being purchased at a budgeted amount of $48,500. PREVIOUS ACTION: Since 2001 the Board has approved 2 sole source purchases and 1 bid purchase of this exact model Forklift. RECOMMENDATION: Staff recommends approval of EQ07-354 and authorize the bid waiver and sole source purchase of 1 Kelly Tractor Forklift at a total cost of $38,426. Additionally, staff recommends the transfer of Property Record No. 50-0711, 2001 DJP40K Forklift to Central Services. COMMISSION ACTION: (� APPROVED () DENIED O OTHER APProved 5-o County Attorney( ) Originating Dept. ( ) Coordination/Signatures Mgt. &Budget (X) Other( ) Finance: (check for copy, only if applicable) Purchasing (X) - Other ( ) 4TOR PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro Solid Waste Director DATE: 7/25/07 RE: Purchase of Forklift Staff had six different demonstrators from three different manufacturers along with the rental of another forklift (CASE) from Briggs Equipment for a month. The Caterpillar DP40K-D2 has proven to be very effective in the working environment. The justification for the bid waiver and sole source is uniformity on parts and labor and the fact that we have tried a total of eleven machines. This is the only machine that works. This price is the same as the last machine purchased in October, 2005. A set of tires for this forklift cost $2,500 and last approximately 8 months. All 3 of our forklifts take the same tires and rims. This purchase also has an emergency aspect to it in that a forklift will be required for Central Services in the event of a hurricane. Please call if you have any questions. LJC:dls COUNTY "KNN-117 F LORI D A JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following 'DP40K Caterpillar Forklift The basis for this sole source determination and the reason no other vendor is suitable is: In six years of operating the Baling Facility and experimenting with more than a dozen forklifts, this brand and model is the only one that we found suitable in this application. Additionally, we own 3 of this brand and model forklift and the tires and parts are interchangeable among each unit. Department/Di ' ion ',Solid Waste Department A6tKorized Signature Date 7/27/07 Solid Waste Director Title Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved Disapproved PurchaCeg'Director Dates G:FORMSISOLE SOURCEIINT ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 AGENDA DATE 8/15107 DEPARTMENT: SOLID WASTE RECOMMENDED: X YES I NO REVISED DIVISION:: SOLID WASTE APPROVED: YES I NO I REVISED ^a�"E k11 Ti i fi 15£i .. 5. m'r, ... �5, A . ei �t( .�C ° ;�d �, a�. M.'�"k EQUIPMENT: FORKLIFT 11 ADDITIONAL COSTS11 BUDGET AMOUNT: $38,426 NEW X REPLACEMENT I YES X NO 12-1 . y JUSTIFICATION: This piece of equipment is six years old and unable to perform at the level and pace necessary at the Baling & Recycling Facility, and will be transferred to Central Services whre it will be used on a light duty schedule. Funds are available in 401-3410-564000-300 due to EQ07-251 Trailer Mounted Vactron not being purchased at a budgeted amount of $48,500. EQUIPMENT REQ#: EQ07-354 ACCOUNT#: 401-3410-564000-300 AUOILY TRACTOR Marsha Duvall 5460 Okeechobee Blvd. West Palm Bch, FI. 33417 Office (561) 683-1231 X185 Cell (561) 386-1616 Fax (561) 478-6150 Marsha_DuvaII@Kellytractor.com July 25, 2007 Dear Mr. Ron Roberts, I would like to thank ST LUCIE SOLID WASTE DEPT in doing business with Kelly Tractor, here is the information that you requested. Kelly Tractor, will sell ST LUCIE SOLID WASTE DEPT, a new DP40K —SOLID TIRES, for the same price as paid on August of 2006. We have the equipment in stock and will hold it for you no later then August 15, 2007. I will need a letter with a signature from you to hold the equipment. Best regards, Marsha Duvall Cc/Juan Alvarez Bill Archer 10/07/2005 10:46 FAX 3055927382 KELLY TRACTOR CO Q 001 KEur TIUM M Forklift Division www.keilyfractor.com ❑ Kely Tracbr Co. ❑ Kely Tractor Co. ❑ Ke4 Trades Co. ❑ Kely Tractor Co. ❑ Kelly Trades Co. 8255 NW 58 Street 2801 Reese Road 5460 Okewldee BoLlevard *51 Kelly Trades Dr 2704 Falkenbvg Road S Miami, i'l 331%3493 Davie, FL 33314 West Palm Beach, FL 33417-4587 Ft MM, FL 33905 S514 Rwrview, FL 335%2561 (305) 592-5379 (9m) 58141181 (561) 683-1231 (49) 693-9233 1813) 626-7454 FAX (305) 592-7382 FAX (954) 581.6464 FAX (561) 68M91 FAX (239) 693-8876 FAX In) 626 6714 EQUIPMENT QUOTATION To: ST. LUCIE COUNTY SOLID WASTE FACILITY 6120 GLADES CUT-OFF RD FT. PIERCE, FL 34981 Attn: MR. ROBERT BROWN Title: Ship To: . SPECIFICATIONS DATE: 10/06/05 QUOTE NUMBER: 242-29737 ❑ Equipment quoted is subject to prior sale. ❑ Price is subject to change wit out notice. Price is firm until C2 >,f K5 NEW CATERPILLAR LIFT TRUCK MODEL DP40K-D2 SOLID TIRE. 8,000 LBS. BASIC CAPACITY AT 24" LOAD CENTER. 7,200 LBS. NET RATED CAPACITY AT 24" LOAD CENTER AT 187" M.F,H., WITH SIDESHIFT ATTACHMENT. 300" X 15" SOLID DRIVE TIRES. 7.00" X 12" SOLID STEER TIRES. 3 SECTION HYDRAULIC VALVE. 187" MAXIMUM FORK HEIGHT TRIPLEX MAST. 90" OVERALL LOWERED HEIGHT. 54.4" FREE LIFT. 6 DEGREES FORWARD 6 DEGREES BACK TILT. 71" WIDE ITA CLASS III SIDESHIFT CARRIAGE. 2 SPEED POWERSHIFT TRANSMISSION AND POWER STERING. DIESEL FUEL SYSTEM. 48" HIGH LOAD BACKREST. 86" HIGH OVERHEAD GUARD. 3 WAY HYDRAULIC SUPPLY GROUP. 2.0 X 6.0 X 48" LONG FULLY POLISHED AND TAPERED FORKS. OPTIONS INCLUDED: 2-SPEED TRANSMISSION, TRIPLEX MAST, EXTRA -WIDE CARRIAGE, SIDESHIFT, F-IT FORKS, OVER HEATING PROTECTION PACKAGE, SOLID TIRES, BACK UP ALARM AND STROBE LIGHT. SELLING PRICE .............. F.O.B .............. FT. PIERCE, FL .............................................. S38,301.00 ................................... PLUS TAX, IF APPLICABLE ............................................ PLUS OPTIONS: SEMI -SUSPENSION SEAT ADD............................................................... $125.00 5 YEAR,10,000 HOURS EXTENDED POWERTRAIN WARRANTY... ADD ... S580.00 WITH PM CONTRACT. WARRANTY: 12 MONTHS PARTS AND LABOR/ UNLIMITED HOURS. PARTS FAST, PARTS FREE, GUARANTEE. APPROXIMATE DELIVERY: 20 WEEKS. OTHER: TOTAL DUE NET 30 DAYS AFTER RECEIPT OF EQUIPMENT. THANK YOU, KELLY TRACTOR CO., INDUSTRIAL LIFT DIVISION. This Purchase Order is accepted conditionally by a sales representative, pending validation by an authorized manager of the Industrial Lift Division, Kelly Tractor Co. Applicable sales and other taxes are to be added to quoted prices. Purchas a rear to have read an rood warranty terms attached here- to. Delays in delivery shall be excused when caused by strikes, lockouts, accidents, fir , ft. v me I ac n, ny cause beyond reasonable control of seller. Down payments and/or deposits made toward non -stock equipment are of nd an Ilations ers will be subject to service shave. e. ` �° 7 & ACCEPTED AS SPECIFIED ... OR AS MODIFIED AND INITIALED ACCEPTED BY SALES REPRESENTATIVE DATE PURCHASER To be confirmed by Purchaser's Order No. ACCEPTED BY KELLY TRACTOR CO. MANAGER Issued no later than DATE AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES ITEM NO. c-8 DATE: Aug. 14, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: David Brooks Enterprises, Inc. Change Order No. 18 to #C05-12-636 Construction of the New Clerk of Court Building and Downtown Chiller Plant BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1930-562000-16012 (Buildings) 310003-1930-562000-16012 (Buildings) 315-1930-562000-16012 (Buildings) 317-1930-562000-16012 (Buildings) PREVIOUS ACTION: On July 24, 2007, Item No. c-14C, the Board approved Change Order No. 16 & No. 17 to #C05-12-636, David Brooks Enterprises. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.18 to #C05-12-636 to increase the contract sum by $131,589; the new contract sum will be $13,099,515. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: w Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: .1 Ar t V Other: CONCU E: Do g derson County Administrator Purchasing Mgr.: Other: Eff. 1197 H:\AGENDA\AGENDA-220 DAVID BROOKS CO-18.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: August 14, 2007 SUBJECT: David Brooks Enterprises, Inc. Change Order No. 18 to #C05-12-636 Construction of the New Clerk of Court Building and Downtown Chiller Plant BACKGROUND: On December 6th, 2005, the Board approved Contract No. C05-12-636, between St. Lucie County and David Brooks Enterprises for the construction of the New Clerk of CourtBuilding. November 14, 2006, the Board approved Change Order No. 4-Revised to Contract No. C05-12-636 to include construction of the downtown Chiller Plant. Staff is seeking approval of Change Order No. 18 to incorporate the following changes into the contract: • FPUA Modifications $54,269.00 • Flooring Modifications $77,320.00 $131,589.00 Change Order No. 18 will increase the contract sum by $131,589; the new contract sum will be $13,099,515.00. (Please see attachments) RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 18 to #C05-12-636 to increase the contract sum by $131,589; the new contract sum will be $13,099,515. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) New Clerk of Courts Office Building TO (Contractor): David Brooks Enterprises, Inc. 9000 Burma Rd., Ste. 101 Palm Beach Gardens, FL 33403 CHANGE ORDER NUMBER: 18 INITIATION DATE: 0 7/16/0 7 CONSULTANTS PROJECT NO.: C-05-12-636 ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE: 12- 0 7- 0 5 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes No) Incorporate changes to the contract submitted and approved as Pending Change No. 58R2 (FPUA Utility Modifications) and Pending Change No. 80 (Flooring Modifications) attached. The original (Contract Sum) (6k*areRtee4Ma*ifntrAfi6estj•was .......................... $11, 863, 000. 00 Net change by previous authorized Change orders ..................................... $ 1, 104, 926. 00 The (Contract Sum) (G-uaxanteed-Max+mwFA-Cwo" prior to this Change Order was ....... $ 12, 967, 926. 00 The (Contract Sum) (QAxanUxKf-Ma*4;ah*ra-Go" will be (increased) (decreased-er, -.Ctiauged) by this Change Order ....................................................... $ 131, 589. 00 The new (Contract Sum) including this Change Order will be $13, 099, 515.00 The Contract Time will be ( =easegH-deereased) (unchanged) by ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Building 10/30/07 Funds Available: Account Number (see attached) Chiller Plant 01/31/08 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed.Wnder this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Edlund, Dritenbas, Binkley & Assoc-_ ArchitectX 9ineer Agreed To: David Brooks Enterprises, Inc. Contractor 9000 Burma Rd., Ste. 101, PBG, FL T17D By Date Central Services St. Lucie County Department 2300 Vi rgli ni a Ave-., ., Ft Pi Ar,e, FL Address 0 Date Authorized: St. Lucie County:2300 Virginia Ave., Ft. Pierce, FL34982 By Date Approved as to Form and Correctness County Attorney PINK - PURCHASING GOLDENROD - FINANCE WHITE - VENDOR CANARY -DEPARTMENT ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING CHANGE ORDER NO.18 SUMMARY 16-Jul-07 P.C. No. Description Price Days 58R2 FPUA Modifications $54,269 80 Modifications $77,320 -Flooring TOTALS $131,589 0 AltOoks _ JUN ( S 2001 E N T E R P R 1 5 E S 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 5611626.9960 Fa x:'551.626.9980 June 8, 2007 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Office Building FPUA Utility Modifications Pending Change No. 58R2 — RE -REVISED Dear Greg: We are in receipt of revised underground utility drawings (P-1 and F-3 Rev. 4/10/07 plus C-5 and C-6 dated March 2007). The drawings indicate an increase in the scope of work as well as changes in the materials to be used in order to comply with the requirements of the Fort Pierce Utility Authority. Since submitting the proposal for this work on June 6, our utilities subcontractor has communicated with the civil engineer and reduced the up -charge for using anti -corrosive materials. As a result, the revised net price increase for the referenced modifications is Fifty Four Thousand Two Hundred Sixty Nine Dollars ($54 269.00). Due to the timeline requirements for procurement and installation, it is imperative that we secure approval to proceed right away. If there are questions or you require any other information, please let me know immediately_ We are also concerned about the lack of fire sprinkler protection that has resulted from the lengthy design and approval process. Please review the attached backup information and let me know if you need anything else. Sincerely, David Brooks En ices, Inc. Davi rooks President ACCEPTED: St Lucie County By: Date: Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk of CourtsTending ChangesT.C. #58R2.doc General Contractors • Construction Management ESTIMATE RECORD Date: 06/08107 RE-REmSED David Brooks Enterprises, Inc. Project: Clerk of Courts Office Building Page: 1 a 1 P.C. # 58R2 - FPUA Revisions I I Prep—d by. DB peiav sn-t Description Unit Quantity Labor Unit Total Labor Material Unit Material Total Subconhact Unit Subcontract Total Total _ Cost $560 Supervision & Coordination HR 8.00 60.00 $480 $10 $80 $0 Earfiwmrk I Grading I Cleanup LS 1.00 500.00 $500 $500 $500 $0 $1,000 Net Utility Costs (Compass Const.) LS 1.00 $0 $0 $22,150 $22,150 $22,150 Upgrade for Anti -Corrosive Matis LS 1.00 $0 $0 $8,995 $8,995 $8,995 Fire Line Upgrade (Life Safety Syst.) LS 1.00 $0 $0 $13,540 $13,540 $13,540 $980 $580 $44,685 $46,245 Sales Tax % 6.00 Ind. incl. $980 $580 $44,685 $46,245 $147 $87 $6,703 $6,937 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $1,088 $54,269 208 N Parrott Avenue Tol. 863-824-DIRT (3478) Okeechobee, FL 34972 Fax 863-824-0273 June 8, 2007 To: Davitl Brooks Enterprises Attn: David Brooks Reference: St. Lucia Clerk of the Courts Compass Construction, LLC has viewed the location and reviewed the requested work. The following items are proposed Description W Unify UNIT /Price Total Mobilization 1.00 LS $ 2,125.00 $ 2,125.00 8" C-900 SDP-18 Watennaxn 25.00 LF $ 42_60 $ 1,062.50 8"Fittings 1.00 LS $ 1,380.00 $ 1,330.00 6" C-"O SDR-18 5.00 LF $ 20.00 $ 100.00 6" Gatc Valve 1.00 EA $ 1,410.00 $ 1,410.00 4" C-900 SDR-18 Watonnaia 12.00 LF $ 36_00 $ 432.00 4" fittings 1.00 LS $ 1,050.00 $ 1,050.00 4" Gs+e Valve 1.00 EA $ 1,190.00 $ 1,190.00 2" Water Service 2.00 EA $ 2,660.00 $ 6,100.00 3" Water Service 1.00 EA $ 2,850.00 $ 2,850.00 Shut Off Valve and Wx 3.00 EA $ 920.00 $ 2,760.00 Flushing Device 1.00 EA $ 810.00 $ 810.00 Sample Paints 4.00 EA $ 470.00 $ 1,880.00 $ 22.149.50 Total base pace. (Twenty Two Thousand One Hundred Forty Nine Dollars and 501100's) Alternate ADD for and corrosive materials 1.00 LS $ 8,995.00 $ 8,995.00 (Eight Thousand Nine Hundred Ninety Five Dollars and 001100's) Looking forward to working with you on the above project Sinoerely, Moe Madrigal Estimator / Project Manager JOB NOTES: THIS PROPOSAL EXCLUDES ALL SURVEY/AS-GUILTS, LANDSCAPING, PERMITS/FEES, MITIGATION PLANTINGS, EXPORT OF ANY SOILS, PERMANENT FENCING, AND ANY OTHER ITEMS NOT INCLUDED IN THIS PROPOSAL. THIS PROPOSAL I$ BASED ON THE BEST INTERPRETATION OF THE PLANS. FINAL PAYMENT WILL BE BASED ON FIELD MEASURED QUANTITIES. $OD, SEED, OR MULCH IS NOT INCLUDED. ALL MATERIALS REQUIRE 4-6 WEEKS LEAD TIME FROM APPROVED SUBMITTALS_ BASED ON CONVERSATION WITH JOHN BLUM (CARTER & ASSOCIATES) WATERMAINS TO BE PVC C-900 DR-18 Z9/Z9 3DVd NOIlDmji5NOD SSbdWOC ELEOVZOE98 SS:eZ LOOZ/L0193 MAY-23-2007(WED) 10:33 P.001/001 1349 S.W. RILTMORE STREET PORT ST. LUCIE. FL 34983 OFFICE: U721844-8477 FM- U721344-0479 LICENSE: Ef - 0001037 REQUEST FOR CH=GE ORD= DATE: 5--23-2001 TO: DAVID BROOKS ENTERPRISES AT'TN: AMBER UOB: SAINT LUCIE COUNTY CLERK OF COURTS o TWA 11 MAY-2 3 2007 REASON FOR CnANGE ORDER: PC# 81A ALL UNDERGROUND FITTINGS TO BE EPDXY COATED AND ALL BOLTS TO BL' STAINLESS STS&L PER FPUA. r0R THE SUM OF....... .......... __.»....»....».............. ................... .._» �13, 5d0 Q0 5r1�CERE�X� �7ot3N RronDAN GENERAL MANAGEA Z9/TO 39d8 Slanoo j0 NJGio ZZTGEGZZLLT ZZ:ZZ L09Z/61/50 AN T E E R P R I S E S oks ��►Vtt�,��vv� 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 July 3, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Office Building Flooring Modifications Pending Change No. 80 Dear Greg: Fax: (772) 462-1444 We have received a proposal from Irving Access Flooring in response to communication they received from you and the architect on the referenced project. The net price for incorporating these changes is Seventy Seven Thousand Three Hundred Twenty Dollars ($77 320.00). I have attached a copy of Irvine's quotation for your review. We do not have drawings or a description of the exact scope of work and assume that there are no other trades affected by this change. We reserve the right to re -visit this proposal with respect to cost and schedule upon receipt of the final construction documents. Your timely direction as to whether or not to proceed with this change will be appreciated. Please let me know if you have questions or require anything else. Thank you, David Brooks Enterprises, Inc. David Brooks ACCEPTED: St. Lucie County By: Date: President / Print Name / Title Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:1CIerk of Courts\Pending Changes\P.C. #80.doc General Contractors • Construction Management ESTIMATE RECORD Date: 07/02/07 David Brooks Enterprises, Inc. Project: Clerk Of Courts Office Building Page: !of 1 P.C. # 80 - Flooring Modifications Prepared by: DB Detai Labor Total Material Material subcontract Subcontract Total Sheet Description Unit Quantity Unit Labor Unit Total Unit Total Cost $600 Supervision / Coordination HR 8.00 60.00 $480 $15 $120 $0 Net Flooring Changes (Irvine Access) LS 1.00 $0 $0 $65,287 $65,287 $65,287 $480 $120 $65,287 $65,887 Sales Tax % 6.00 incl. Incl. $480 $120 $65,287 $65,887 $72 $18 $9,793 $9,883 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $1,549 $77,320 MEN C D ■SIN IRVMINE ACCESS FLOORS, INC. 2150 Premier Row * Orlando, FL =09 r Phone: (407) 851-7479 * Fax: (407) 0S1-8709 TO: David Brooks Er&rpdses DATE: 6114/2007 9000 Burma Rd. Sude 101 Palm Beach Gardens, FL 33403 ATTENTION; Rick Wrhefm RE: Clem of the Phone: 772-293-0568 Courts Fax 772-293-0121 FROM: Brad Jones lAF PROJECT No.: 110413 SUBJECT: Furnish and install FIELD APPLIED accessible flooring in areas cunentlY l receiving VCT per updated drawings D r FOR CHANGE O� Ell 2007 lAF REQUESTP DESCRIPTION OF WORK PROPOSED X PERFORMED[] Y= REVISED WITH NEW QUANTMES 7,284 SF Replace VC"I' arOaS with field applied Axxess Tile In designated Corridors on floors 1-4 including the sky bridge_ Install in pattern par drawings. $70,260.00 1 EA Credit for PlywoM from original contract not shipped to iobsite. $ 4,993.00 Total for change order, $65.26T00 All wart indudeM 1) Rakgng existing panels in recessed areas 2) Replace and disposing or all Cut pneis 3) Field insl,Mtl accessible floor file in areas previously requiring VCT based on revised drawings THE ABOVE CHANCES WILL NECESSITATE up to 6 ADDITIONAL WEEKS EXTENSION FOR THE COMPLETION OF THIS PROJECT_ THIS INCLUDED MANUFACTURING AND ft-crrAI I ATInN OF MATERIAL.. The follimiviing change will not be processed until we rive the aaaepdattice of this change order or a wrd*n change order by the GenOW Contractor. PLEASE SIGN BELOW FOR ACCIZI)TANCE OF THIS CHANGE ORDER. IRV►NE ACCESS F BRAD JONES VICE PRESIDENT DATE ►�`/ , CONTRACTOR ACCEPM 13Y TITLE Ca % DATE Maryland * Virginia * North & South Carolina * Georgia * Alabama + Florida n1577 ,eUMRS OF r,9& ACCESS FLOORINC wl5w.irvinea=essf ors,com TO/To 3svd 06007J CC3DDV 01'T9LM-0b ZT'9T IOOZ/�T/90 TO/TO 39",d siNnoo JO TZTOE6ZZLLT 6T:9T LOOZ/OT/90 AGENDA REQUEST ITEM NO. C- 9a DATE: August 14, 2007 IyZ eilll_\-.4a PUBLIC HEARING [ ] CONSENT [X] Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs Jody Bo t, irector SUBJECT: Approve Equipment Request EQ07-355 for two outdoor telescopes and EQ07-356 for a River Flattie boat to be exhibited in the new Historical Museum outdoor exhibit entitled, Reflections of Florida's Boating and Fishing Heritage. BACKGROUND: To improve heritage tourism for the County and expand the educational component of the Historical Museum, the proposed outdoor exhibit will feature five areas that focus on the Native American era, Spanish era, Pioneer era, World War II era, and the Modern era. This project was started several years ago with a grant from the Division of Historical Resources and will incorporate boating artifacts and the five three -sided kiosks. The two heavy duty outdoor telescopes will be placed in the modern era section so visitors and students can see the ships going to the ports and other boats on the inlet. The River Flattie is built by a local boat builder and will be placed in the pioneer section since it represents the boats that were utilized by the net fishermen along the Indian River Lagoon. FUNDS AVAILABLE: 001-7910-564000-700 — Historical Museum Machinery and Equipment PREVIOUS ACTION: The BOCC has approved the engineering work for this project along with going out to bid for the sidewalks and the fence. RECOMMENDATION: Approve Equipment Request E007-355 for two outdoor telescopes and EQ07-356 for a River Flattie boat to be exhibited in the new Historical Museum outdoor exhibit entitled, Reflections of Florida's Boating and Fishing Heritage. COMMISSION ACTION: ]PPROVED [] DENIED OTHER: Approved s-o Douglas` M. Anderson County Administrator Review and Appil&ars County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: _X_ (Check for Copy only, if applicable) Effective: 5/96 Cultural Affairs Department MEMORANDUM #07-45 TO: Board of County Commissioners FROM: Jody Bonet, Directors SUBJECT: Equipment Request for Outdoor Exhibit Project DATE: July 31, 2007 Cultural Affairs staff has been working on the development of an outdoor exhibit that features the region's boating and fishing history. The exhibit will focus on five sections including the Native American era, the Spanish era, the Pioneer era, the War era and the Modern era. The exhibit will be located on the south and southwest side of the Museum and include five kiosks that explain the eras. Artifacts and native plants will also be featured to highlight the items used during the eras. The Equipment Request is for authorization to purchase a 16' River Flattie boat that will be placed in the outdoor exhibit in the pioneer section. This boat was used for net fishing within the Indian River Lagoon. The two outdoor heavy-duty telescopes will be in the modern era. They will be installed so kids, adults and visitors using wheel chair can look at the ships, boats and wildlife along the lagoon. The goal of this exhibit is for visitors to understand how the lagoon played a vital role in our history. Funds have been budgeted to purchase these items for this new outdoor exhibit in the Machinery and Equipment account #001-7910-564000-700. Staff Recommendation: Staff recommends that the Board approve Equipment Requests #07-355 and #07-356 for a River Flattie and two telescopes for the Historical Museum Outdoor Exhibit entitled Reflections of Florida's Boating and Fishing History. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 The River Flattie will be an intergral part of the new outdoor exhibit that will be located on the Historical Musuem grounds. The five educatonal kiosks will focus on five eras of Treasure Coast Boating and Fishing History. The River Flattie will be in the pioneer era that will allow kids and adults to see the type of boats that were built right here in Ft. Pierce and used for net fishing on the Indian River Lagoon. The River Flattie is made by a local fisherman who grew up on the Indian River and learned boat building and fishing from the locals. EQUIPMENT REQ#: 07-356 (Account # 001-7910-564000-700 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 The proposed two outdoor telescopes will be an intergral part of the new outdoor exhibit that will be located on the Historical Musuem grounds. The five educatonal kiosks will focus on five eras of Treasure Coast Boating and Fishing History. The telescopes will be in the modern era that will allow kids and adults to see all of the interesting boats at the port. Two heavy duty telescopes will be able to withstand the weather and large numbers of school groups. ENT REQ#: 07-355 001-7910-564000-700 Coin Operated Telescope - SeeCoast Manufacturing, Telescopes, Viewing Machines Page 1 of 2 rl�l S�ast Company Revenue Products History Share Email Where do you want to go? Coin -Operated Telescope Height: 57 inches (1.448 meters) Weight: 85 pounds (42.301 kg) Castings: 356 Alum. Alloy Column: 4'/z" Diameter Alum. Stanchion (H.430 cm diameter) Standard Base: 30 inch diameter (76.200 cm diameter) Telescope Width: 9 Inches (22.860 cm) Telescope Length: 25 inches (88.900 cm) Housing Movement: 360' Rotation, 33' Up and 40' Down Power: 20X Field of View: 121' at 1,000 Yards (36.881 meters at 914.400 meters) Coin Chute: 250 Standard U.S. Coins (foreign coinage available) Timing Mechanism: 1 Min. 30 Sec. The Mark I, coin operated Telescope has an optic power of 20X and is best for long distance viewing. By utilizing the 180, or half base, the instrument can be installed closer to the parapet, giving the patron a wider field of view. Options Installation inside or outside • Special order coin chutes - (For foreign coins, stacked coins or tokens) Free -play operation • Object Locator - Brass Donation Plaque Coin Operated Binoculars - 5eeCoast Manufacturing, Telescopes, Viewing Machines ---... Page 1 of 2 &AN n t"''rtmanw C Wheelchair ■ r se Sales` Company Revenue Producls History Sharing Where do you want to go? What are the provisions for Public Accommodation under the ADA (title III)? Title III protects individuals with disabilities from discrimination by any place of public accommodation. The discrimination prohibitions extend to requiring places of public accommodation to allow individuals with disabilities to participate fully and equally in the most integrated setting appropriate to the needs of the individual. Examples of places public accommodation include: restaurants, hotels, theaters, doctor's offices, retail stores, museums, libraries, parks, private schools, and day care centers. Email Excerpt from "PARK WORLD" magazine Feb. 1994 On July 26, 1990, at a well attended ceremony in the White House Rose Garden, George Bush signed into law a sweeping civil rights statute called The Americans with Disabilities Act. The goal of ADA is to end discrimination against individuals with disabilities and bring them into the mainstream ofAmerican life. To the estimated 43m Americans with a physical or mental disability, the government is in effect saying, " You now have the legal right to participate fully in the nation's public life. " That means having the ability to find and hold a job, to do business and receive services freely, to use public transportation and to take advantage of the nation's cultural and technological life. Under Title III of ADA, businesses operating as public accommodations cannot discriminate against customers with disabilities. Individuals with disabilities must also be helped, if that help will enable them to enjoy the public facility. Physical "barriers " must be removed if removal is "readily achievable" For example, public accommodations must add ramps and take away curbs to permit wheelchair access under the act. Mark I «» Mark tI «» Mark III Viewers «» Bases «>> Colors «» Construction TO: AGENDA REQUEST ITEM NO. C- 9b Board of County Commissioners DATE: August 14, 2007 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Cultural Affairs Jody B t, irector SUBJECT: Approve Budget Amendment #07-072 to move existing funds into the Museum Infrastructure account for the construction of the sidewalk and fence expansion for the Reflections of Florida's Boating and Fishing Heritage exhibit. BACKGROUND: To improve heritage tourism for the County and expand the educational component of the Historical Museum, the proposed outdoor exhibit will feature five areas that focus on the Native American era, Spanish era, Pioneer era, World -War II era, and the Modern era. This project was started several years ago with a grant from the Division of Historical Resources and will incorporate boating artifacts and the five three -sided kiosks. The funds are currently in the Museum's budget but are required to be moved to the infrastructure account 001-7910-563000-700 so they can be utilized to construct the sidewalk and fence approved through the bid process. FUNDS AVAILABLE: Move funds from 001-7910-599330-700— Historical Museum Project Reserves and 001-7910-546100-700 Building Maintenance to 001-7910-563000-700 Infrastructure. PREVIOUS ACTION: The BOCC has approved the engineering work for this project along with going out to bid for the sidewalks and the fence. RECOMMENDATION: Approve Budget Amendment #07-072 to move existing funds into the Museum Infrastructure account for the construction of the sidewalk and fence expansion for the Reflections of Florida's Boating and Fishing Heritage exhibit. COMMISSION ACTION: APPROVED [] DENIED OTHER: Approved s-o County Administrator Review and ADDQals County Attorney: Management & Budge Purchasing: Originating Dept: - Other: Other: Finance: _X_ (Check for Copy only, if applicable) Effective: 5/96 Cultural Affairs Department MEMORANDUM #07-46 TO: Board of County Commissioners FROM: Jody Bonet, Director SUBJECT: Budget Amendment #07-072 DATE: July 31, 2007 Cultural Affairs staff has been working on the development of an outdoor exhibit that features the region's boating and fishing history. The exhibit will focus on five sections including the Native American era, the Spanish era, the Pioneer era, the War era and the Modern era. The exhibit will be located on the south and southwest side of the Museum and include five kiosks that explain the eras. Artifacts and native plants will also be featured to highlight the items used during the eras. The Budget Amendment #07-072 will allow for funds to be moved from two accounts in the Historical Museum's budget to the infrastructure account. The funds will be utilized to expand the sidewalk and the fence to incorporate the boating and fishing heritage exhibit. The attached site plan demonstrates where the new exhibit will be located. Funds will be transferred from the Museum reserve and building maintenance accounts to the infrastructure account to allow for the bids to be processed and contracts set up with the lowest bidders. The Purchasing Department has an additional agenda item that requests that the contracts be approved with the lowest qualified bidders for the fence and the sidewalk. Staff Recommendation: Staff recommends that the Board approve Budget Amendment #07-072 to move funds to the infrastructure account to allow the award of contracts to expand the fence and the sidewalk for the Historical Museum Outdoor Exhibit entitled Reflections of Florida's Boating and Fishing History. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Cultural Affairs - Historical Museum PREPARED DATE: 7/25/2007 AGENDA DATE: 8/14/2007 TO: 001-7910-563000-700 FROM: 001-7910-599330-700 001-7910-546100-700 Infrastructure Project Reserve Building Maintenance W11 REASON FOR BUDGET AMENDMENT: A portion of the funds were held in Project Reserve until the bidding process and designs for the construction of the sidewalks and fence were completed. Now, the next phase can begin with the outside exhibit project fence, sidewalk, and kiosks at the Historical Museum. THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: N/A N/A ,D BA07-072 nraOuO ocvsor•sm saw ayw •wsrr�aa� yfl r�owOlo SMOA-MUnS'SN3NNif7d'SM33NlDN3 c, ae�!� V d `SZI�'AiH3S PQ8 HLIa?I ='" �#:' x a '� : s Ntlld L81HX3 M0001110 ]'?1 4 � g S �' 9E 99 y vamr,, yrwn r,ie jvomo18 H IAmnoo 31om us n X ^1 LU e u 'Wd 60:6Z;S LOOZ/SZ/S'£-7'�'^P71QI Z�bO'ObTLVNP156uVneiO 6upmuj6u3 - 9L# 911JUMM3 HSI3 V JVOS WR3SHW IVDHO1SIH AGENDA REQUEST ITEM NO. C- 9c COUNTY F LORI DA-46 TO: Board of County Commissioners DATE: August 21, 2007 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Cultural Affairs Jody Bo rector SUBJECT: Authorize the Chair to sign Amendment Number One to the Historic Preservation Grant Award to extend the grant for six months for the Fort Pierce Post Office State Grant #SC615. BACKGROUND: The Ft. Pierce Post Office will provide a new cultural venue on the Treasure Coast that will include traveling exhibit space, a gift shop and a fifty -seat theatre. The County received a $350,000 grant for this project in September 2005 and has recently been approved for a 6-month extension. REG has completed the architectural design for the site and has been directed to break the project down in phases. This agenda item is to ensure that the extension is approved while staff and the architects develop a phased restoration plan. FUNDS AVAILABLE: Division of Historical Resources grant $350,000 — Fund 001406-7913-7661, Local Grant Match $4490,112 Fund #001406-7913-7661 PREVIOUS ACTION: The BOCC approved the original grant agreement in September 2005 and an Interlocal Agreement with the City of Fort Pierce in December 2006. RECOMMENDATION: Authorize the Chair to sign Amendment Number One to the Division of Historical Resources Historic Preservation Grant Award to extend the grant for six months for the Fort Pierce Post Office project State Grant #.615. COMMISSION ACTION: ;APPROVED 0 DENIED 0 OTHER: DoAlas-M. Anderson Approved 5-0 County Administrator Review and Approvals County Attorney: 0'V Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: _X_ (Check for Copy only, if applicable) Effective: 5/96 Cultural Affairs Department MEMORANDUM #07-41 TO: Board of County Commissioners FROM: Jody Bonet, Director - SUBJECT: Orange Avenue Post Office Grant Extension DATE: July 31, 2007 The County has already invested $108,280 for architectural services with REG Architects for renovation of this facility. The 6,000 square foot building will include a fifty -seat theatre, two exhibit halls, a gift shop, and a reception court yard area. The goal is to have traveling art and historic exhibits, a theatre to show the Zora Neale Hurston documentary and host other programs, and possibly permanent exhibits of local artifacts since the Historical Museum has little space for expansion. In addition, copies of documents from the Library of Congress and University of Florida related to Zora Neale Hurston are proposed for display along with five original paintings on Ms. Hurston. Since Ms. Hurston is internationally acclaimed, this will be a great attractant for cultural and heritage tourism. The plans are 100% complete and are ready to go out to bid. However, County and City staff has met with the architects to request a phased development to the project. REG will come back with plans for a building stabilization phase, and then two follow up phases to complete the project. The goal is to first protect the building and then have some plans to seek sponsors for various areas of the project. The City of Ft. Pierce owns the building and the permits would be submitted to the City for approval. The $350,000 Historic Preservation Grant Amendment #1 is to extend the completion of grant to December 31, 2007. Attached to this memo is a copy of an email from Alissa Slade with the Division of Historical Resources explaining that the entire project does not have to be completed as long as the grant funds are utilized for specific items that were included in the grant contract / application. Staff Recommendation: Staff recommends that the Board of County Commissioners authorize the Chair to sign the Division of Historical Resources — Historic Preservation grant Amendment #1 to extend the grant until December 31, 2007. FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF HISTORICAL RESOURCES July 5, 2007 Ms Debora Brisson St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Fort Pierce Post Office Grant No. SC61 S Dear Ms Brisson: Please find enclosed two copies of Amendment Number One to the Historic Preservation Grant Award Agreement for the above referenced project. After your review, please: Have both copies of the Amendment signed by the authorized person in your organization; and 2. Return both signed copies to our office. We will return one completely executed document to you for your files. 3. Please do not date the amendment. Our office will date this document after it is fully executed. If you have any questions or if I can be of further assistance, please do not hesitate to contact me at (850) 245-6333 or toll free at 1-800-847-PAST, by fax to (850) 245-6437, or by email to amsladena,dos. state.fl.us. Sincerely, M. Slade c Preservation Grants Supervisor 1 of Historic Preservation Enclosures (2) 500 S. Bronough Street • Tallahassee, FL 32399-0250 . http://www.flheritage.com O Director's Office ❑ Archaeological Research ® Historic Preservation O Historical Museums (850) 245-6300 • FAX: 245-6435 (850) 245-6444 • FAX: 245-6436 (850) 245-6333 • FAX: 245-6437 (850) 245-6400 • FAX: 245-6433 ❑ Palm Beach Regional Office O St. Augustine Regional Office O Tampa Regional Office (561) 279-1475 • FAX: 279-1476 (904) 825-5045 • FAX: 825-5044 (813) 272-3843 • FAX: 272-2340 HISTORIC PRESERVATION GRANT AWARD AGREEMENT AMENDMENT NUMBER ONE Grant No. SC615 This AMENDMENT to the Agreement dated September 22, 2005, hereinafter referred to as the Agreement, between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the St. Lucie County Board of County Commissioners, hereinafter referred to as the Grantee, relative to the Fort Pierce Post Office Project, hereinafter referred to as the Project, shall be effective when properly executed by the parties thereto, and shall be made a part of the original Agreement. The Grantee has requested revision to the Grant Period ending date as described in the original Agreement. The requested revision has been reviewed by the Department and found to be in accordance with current regulations. The Agreement is amended as follows: 1. The Grant Period ending date as described in the original Agreement is hereby changed from June 30, 2007 to December 31, 2007. All other terms, conditions and provisions of the Agreement remain in full force and effect. This Amendment is entered into and executed on June 30, 2007. DEPARTMENT OF STATE FREDERICK P. GASKE Director, Division of Historical Resources ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Signature of Authorized Official Printed/Typed Name and Title of Authorized Official To: Slade, Alissa 7/23/2007 Subject: SC 615 Ft Pierce Post Office Hi Alissa, I am preparing the agenda item for our Board of County Commissioners to approve the six month extension for SC 615. Can we use the grant funds and the match toward replacing the air conditioning unit, restoring the windows and any other items that seals the building? These are items that can be completed by the end of the year. It will take over a year to complete full restoration and may require additional fund raising since all of the government budgets are getting tighter due to the tax cuts. There is an existing interlocal agreement with the City and County on this project but as usual the project cost has risen since the original estimates. So that is the need for possible future fund raising. So the BOCC asked me to check if its ok to continue with the grant funds to complete the AC and other specific items even though we will not have the entire project complete for at least a year? Will the State release all of the grant funds when we show that it was expended on the first steps to restore the building? Or will you hold some of the funds until its fully restored? Thanks, Jody Jody Bonet, Director St. Lucie County Cultural Affairs 600 North Indian River Drive Fort Pierce, Florida 34950 772/462-1767 Fax 772/462-1769 We will consider the project closed when all grant funds AND local cost share as stated in the original application have been expended. These amounts will also be in your grant award agreement. The local cost share in the agreement may or may not include funds from the 5 years prior to you application. It will depend on the commitment in the application. The entire restoration does not need to be completed if you have expended the funds promised. Alissa M. Slade Historic Preservation Grants Supervisor Office of Cultural and Historical Programs Division of Historical Resources 500 South Bronough St. Tallahassee, FL 32399-0250 amslade!aidos. state. fl.LIS 850/245-6333 800/847-7278 AGENDA REQUEST ITEM NO. C-10 TO: BOARD OF COUNTY COMMISSIONERS DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ CONSENT [XI PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Request to approve the purchase of two weather transmitter sensors and cables for the total amount of $7,406.50. BACKGROUND: See attached FUNDS WILL BE AVAILABLE: Funds will be available through 001-2510-564000-29501 EMPA Trust Fund, for the amount of $7,406.50 PREVIOUS ACTION: The Board of County Commissioners approved the joint participation project between St. Lucie County and Florida Power and Light for the purchase of five (5) weather transmitter which are located around the County. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of two additional weather transmitters and cables in the total amount of $7,406.50. Also approve Budget Amendment #07-071 and Equipment Request #07-357. ACTION: [' )<] APPROVED [° ] OTHER: APPmved 5-O /County Atto Originating Finance: (C [ ] DENIED Dougta's Anderson County Administrator Review and Approvals Management 5 Budget /Purchasing: /JJ7 Other: Other: JJJ Copy only, if applicable) Eff. 5/96 St. Lucie County Department of Public Safety Division of Emergency Management JOWRANDUM TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety Directo DATE: August 27, 2007 REF: Purchase of two additional Weather Transmitter sensors BACKGROUND: During the hurricanes of September 2004, we found a need to be able to advise all of the Public Safety agencies throughout St. Lucie County what the wind speeds were in different areas of the county. The only information we could provide was what we had available at the EOC and it was not accurate. It is very important when the wind speeds reach 45-50 mph, units are pulled off the road and not allowed back on the road unless in extreme emergencies, until the wind speed drops below 45 mph. Wind speeds are also very important to the EOC, so we can advise not only the Weather Service, but our building officials as to what the wind speeds were to collate it with the damage assessments. This was a joint project between St. Lucie County Public Safety and Florida Power and Light. We are able to tie into their weather information located at the Power Plant and they are able to retrieve our information on wind, rain, etc. This information is transmitted to the Emergency Operations Center by radio frequency. Florida Power and Light will handle all of the maintenance and placement of the equipment, at no cost to the County. The Board of County Commissioners approved the purchase of five (5) weather transmitters. Currently those five weather transmitters are located at Green River Parkway, US Highway #1 and Georgia, the Emergency Operations Center, North Hutchison Island and one as a back up. The two weather transmitters we are requesting at this time will be used as an additional spare and the new Emergency Operations Center located at the Fairgrounds. Therefore, we are requesting to purchase two additional weather transmitters in the total amount of $7,406.50. CONCLUSIONIRECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of two additional weather transmitters in the total amount of $7406.50. Also approve Budget Amendment #07-071 and Equipment Request #07-357. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: PUBLIC SAFETY RECOMMENDED: X YES NO REVISED DIVISION: EMERGENCY MANAGEMENT APPROVED: YES NO I REVISED EQUIPMENT: TWO WEATHER TRANSMITTER SENSORS ADDITIONAL COSTS BUDGET AMOUNT: $7,407 X NEW I REPLACEMENT YES X NO JUSTIFICATION: During the hurricanes of September 2004, we found a need to be able to advise all of the Public Safety agencies throughout St. Lucie County what the wind speeds were in different areas of the county. The only information we could provide was what we had available at the EOC and it was not accurate. It is very important when the wind speeds reach 45-50 mph, units are pulled off the road and not allowed back on the road unless in extreme emergencies, until the wind speed drops below 45 mph. Wind speeds are also very important to the EOC, so we can advise not only the Weather Service, but our building officials as to what the wind speeds were to collate it with the damage assessments. This was a joint project between St. Lucie County Public Safety and Florida Power and Light. We are able to tie into their weather information located at the Power Plant and they are able to retrieve our information on wind, rain, etc. This information is transmitted to the Emergency Operations Center by radio frequency. Florida Power and Light will handle all of the maintenance and placement of the equipment, at no cost to the County. The Board of County Commissioners approved the purchase of five (5) weather transmitters. Currently those five weather transmitters are located at Green River Parkway, US Highway #1 and Georgia, the Emergency Operations Center, North Hutchison Island and one as a back up. The two additional weather transmitters we are requesting at this time will be used as an additional spare and the new Emergency Operations Center located at the Fairgrounds. Therefore, we are requesting to purchase two additional weather transmitter in the total amount of $7,406.50. ADDITIONAL COSTS EQUIPMENT REM EQ#07-357 ACCOUNT#:ool-2510-swoo-zeso7 FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Safety PREPARED DATE: 7/25/2007 AGENDA DATE: 8/14/2007 001-2510-564000-29501 0 N FOR BUDGET AMENDMENT: In a joint participation project between St. Lucie County and Florida Power and Light, the windspeeds were in various areas of the county are monitored with five 5 weather transmitters. The two weather transmitters requested will be used as an additional spare and the new Emergencv Operations Center located at the Fairgrounds. THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: NIA BA07-071 ITEM NO. C11-A DATE: 08/14/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid #07-087 to the lowest responsible, responsive bidder, Dunworth Construction for the cost of $49,748.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001-7910-563000-700 — Museum Improvements other than Buildings PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to award Invitation to Bid #07-087to the lowest responsive, responsible bidder, Dunworth Construction for the cost of $49,748.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: ()X APPROVED () DENIED () OTHER Approved 5-o County Attorney (X) Cultural Affairs (X) Uougl p'M. Anderson Countv Administrator Coordination/Sian atures Mgmt & Budget (X) t �5j Purchasing (X) Other Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: July 27, 2007 RE: Board approval to award Invitation to Bid #07-087 to the lowest responsible, responsive bidder, Dunworth Construction for the cost of $49,748.00. Background: To improve heritage tourism for the County and expand the educational component of the Historical Museum, a proposed outdoor exhibit featuring five areas that focus on the Native American era, Spanish era, Pioneer era, World War II era and the Modern era are being prepared. This project was started several years ago with a grant from the Division of Historical Resources and will incorporate boating artifacts and the five kiosks. Since the Historical Museum is based along the lagoon and the waterways is an integral part of our history, this project should attract residents as well as tourists to this new outdoor exhibit. Designs for the construction of sidewalks and a fence were completed, and the County issued Invitation to Bid #07-087 on July 1, 2007. Three hundred Eighty nine firms were notified, twenty one bid packages were issued, and four bids were received. Recommendation: Staff requests Board approval to award Invitation to Bid #07-087 to the lowest responsive, responsible bidder, Dunworth Construction for the cost of $49,748.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. TABULATION SHEET - BID #07-087 ST.LUICE COUNTY HISTORICAL MUSEUM EXHIBIT AREA SIDEWALKS OPENED: JULY 25, 2007 AT 1:30 P.M. Four submittals were received for subject bid: Bid Total Dunworth Construction 625 SW Salerno Rd. Stuart, FI. 34990 $49,748.00 Fax: 772 463-2105 Sunshine Land Design 3291 SE Lionel Terrace Stuat, FI. 34997 $51,766.14 Fax: 772 283-8944 Shell Subcontractors Inc. 429 S. Market Ave Ft. Pierce, FI. 34982 $78,743.00 Fax: 772 460-2647. G C Works Inc. 20283 State Road 7, Suite 300 $113,000.00 Boca Raton, FI. 33498 Fax: 561 807-6401 Opened by: Neil Appel, Purchasing Director Number of companies notified: 389 Number of documents distributed: 21 Number of bids received: 4 ITEM NO. C11-13 DATE: 08/14/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid #07-088 to the lowest responsible, responsive bidder, Stuart Fence for the cost of $11,058.00. BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: 001-7910-563000-700 — Museum Improvements other than Buildings PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to award Invitation to Bid #07-088 to the lowest responsive, responsible bidder, Stuart Fence for the cost of $11,058.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: APPROVED () DENIED () OTHER Approved 5-0 County Attorney (X) Cultural Affairs (X) County Administrator Coordination/Signatures f�n, Mgmt & Budget (X) , M N _) Purchasing (X) Other Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: July 27, 2007 RE: Board approval to award Invitation to Bid #07-088 to the lowest responsible, responsive bidder, Stuart Fence for the cost of $11,058.00. Background: To improve heritage tourism for the County and expand the educational component of the Historical Museum, a proposed outdoor exhibit featuring five areas that focus on the Native American era, Spanish era, Pioneer era, World War II era and the Modern era are being prepared. This project was started several years ago with a grant from the Division of Historical Resources and will incorporate boating artifacts and the five kiosks. Since the Historical Museum is based along the lagoon and the waterways is an integral part of our history, this project should attract residents as well as tourists to this new outdoor exhibit. Designs for the construction of sidewalks and a fence were completed, and the County issued Invitation to Bid #07-087 on July 1, 2007. Four hundred forty four firms were notified, thirty one bid packages were issued, and six bids were received. Recommendation: Staff requests Board approval to award Invitation to Bid #07-088 to the lowest responsive, responsible bidder, Stuart Fence for the cost of $11,058.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. TABULATION SHEET — BID #07-088 PROVIDE AND INSTALL FENCE FOR THE ST. LUCIE COUNTY HISTORICAL MUSEUM BOAT AND FISH EXHIBIT AREA OPENED: JULY 25, 2007 AT 2:00 P.M. Six submittals were received for subject bid: Bid Total Stuart Fence P.O.Box 2636 Stuart, FI. 34995 $11,058.00 Fax: (772) 288-3035 St. Lucie Fencing 569 NW Mercantile PI. Port St. Lucie, FI. 34986 $11,401.68 Fax: (772) 873-9164 Lawrence Fence Corp. 211 Commerce Way #4-8 Jupiter, Fl. 33458 $11,837.00 Fax: (561) 747-7024 Tropic Fence Inc. 1864 NW 21 St. Pompano Beach, FI. 33069 $13,387.00 Fax: (954) 960-1432 Commercial Fence Con. 1610 N Goldenrod Rd. Orlando, FI. 32807 $14,000.00 Fax: (407) 831-7989 Martin Fence 862 13th Street Lake Park, FI. 33403 $16,150.00 Fax: (561) 848-4466 Number of companies notified: 444 Number of documents distributed: 31 Number of bids received: 6 PARK REFERENDUM AGENDA REQUEST ITEM NO: C-12 DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Lakewood Park Regional Park/ADA Survey and Evaluation BACKGROUND: In order to ensure Lakewood Park Regional Park is in compliance with Part III of the Americans with Disability Act, staff is requesting that the Board of County Commissioners approve the use of $5,090.00 from Park Referendum Funds and to retain the professional services of ADA expert Larry Schneider to review the facility under Contract C07-07-321. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: 129-7210-531000-76019 (MSTU) Park Referendum — Professional Services — Lakewood Park) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the use of $ 5,090.00 from Park Referendum Funds and retain the services of American Disabilities Act (ADA) standards expert Larry Schneider to review the new Lakewood Park Regional Park facility under Contract # C07-07-321. COMMISSION ACTION: [ ] APPROVED [ ] DENIED QA' OTHER: 8 C12 Pulled prior to meeting. Doug'Afiderson County Administrator Coordination/Signatures County Attorney: Mgt & Budget:Purchasing: �J Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) • Parks and Recreation Department Memorandum To: Board of County Commissioners From: Debra Brisson, Parks & Recreation Director Subject: Agenda Item #C-12, August 14, 2007 Lakewood Park Regional Park/ADA Survey and Evaluation Date: July 30, 2007 BACKGROUND: In order to ensure Lakwood Park Regional park is in compliance with Part III of the Americans with Disability Act, staff is requesting that the Board of County Commissioners approve the use of $5,090.00 from Park Referendum Funds to retain the professional services of ADA expert Larry Schneider to review the facility under Contract C07-07-321. DB:bjh $5,090.00 M: 129-7210-563000-7692 Infrastructure $5,090.00 $531,943 $5,090.00 REASON FOR TRANSFER: To move money into account for ADA Survey/Report for New Lakewood Park Reqional Park. CONTACT PERSON: Elaine M. Messier, Admin. rt fiord. PHONE #: 1524 DEPARTMENTAL APPROVAL: Debra Brisson, Director OMB APPROVAL: ADMINISTRATION APPROVAL: OMB NOTES: $10,180 INPUT DATE: INPUT BY: LINE -TO -LINE TRANSFER #: DOCUMENT M MANAGEMENT & BUDGET FLORIDA AGENDA REQUEST ITEM NO. C-13 DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT IN TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration/ PRESENTED BY: Doug A d rs Value Adjustment Board SUBJECT: Budget Amendment #07-073, request for the Board to approve transferring $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325- 531000-100) to finish paying invoices until the end of FY 06107. BACKGROUND: See attached memo. FUNDS WILL BE MADE AVAILABLE IN: 001-1325-531000-100 (Professional Services) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board's approval of Budget Amendment 407-073, request for the Board to approve transferring $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services (00 1 - 1325-53 1000-100) to finish paying invoices until the end ofFY 06/07. COMMISSION ACTION: [�C]. APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Administrator Coordination/Signatures i , County Attorney: LA. Management & Budget: urchasing: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) Other: IIAIAGENDA UQUEST92007NAB DOC BOARD OF COUNTY COMMISSIONERS Memorandum To: Board of Coi From: Douglas And Date: July 30, 2007 Subject: Value Adjustment Board COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON The Value Adjustment Board has experienced an overwhelming amount of individuals who have petitioned to have their property taxes re-evaluated. To date, the Value Adjustment Board will need approximately $10,000.00 to finish paying for invoices until the end of FY 06/07 for Special Magistrate Services, postage and advertising. At this time I am asking that the Board approve Budget Amendment BA#07-073 transferring funds from Contingency to Professional Services in the amount of $10,000.00. If you have any questions, please contact me at extension 1450. Thank you. DMA/j dp JOSEPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT. District No. 5 County Adoonisrrotor - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • Phone (772) 462-1450 • TDD (772) 462-1428 FAX (772) 462-1648 • emoil: dougo@co.st-lucie.fl.us web site: www.co.st-lucie.fl.us BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Admin -Value Adjustment Board PREPARED DATE: 7/30/2007 AGENDA DATE: 8/14/2007 •ACCQUNTiNU=1Ult3'ER ACCOUNT`NAME TO: 001-1325-531000-100 Professional Services FROM: 001-9910-599100-800 REASON FOR BUDGET AMENDMENT: Value Adiustment Board - To cover invoices CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: $10,000 $110,797 7377 BA07-073 FISCAL YEAR 2006-2007 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $120,797 DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 001-9910-599100-800 $1,000,000 BA07-004 Old Civic Center Parking Lot $25,000 10/17/2006 BA07-007 Savannas Emergency Sewer Repairs $11,360 10117/2006 BA07-008 Harbour Pointe Three -Phase Service $4,099 10/24/2006 Interfund Loan to complete ADA improvements @ Tradition Field Item C11 $479,200 10/24/2006 Line -to -Line Reimbursement Ft Pierce CRA Ref BA07-008 ($4,098) 12/14/2006 BA07-014 New project for Env Resources $22,600 11/14/2006 BA07-023 ADA Review for new Special Needs Facility $1,287 12/19/2006 BA07-024 Internal Loan for Minor League Complex A.C. Replacement @ Tradition Field $100,000 1/9/2007 BA07-029 Editor for Media $7,966 1/23/2007 BA07-033 For repairs on generators that are being kept at the EOC. $5,000 2/13/2007 BA07-041 Architectural services at St. Lucie County Fairgrounds $20,280 2/20/2007 Line -to -Line Tradition Field Beer Line Replacement $14,556 2/20/2007 BA07-045 Center -Aisle seating package for passenger van. $7,627 3/13/2007 BA07-050 Partial repayment for ADA improvements @ Tradition Field (not used) ($108,172) 3/20/2007 BA07-050 Heathcote Botanical Gardens Match $100,000 3/20/2007 BA07-051 Media Relations to upgrade the SLCTV Production Control Room $22,000 3/23/2007 BA07-056 Info Technology -Phase 1 SLC Sheriff Security Impvmt Plan $9,418 4/24/2007 BA07-055 County Atty - Additional Litigation Services $65,000 5/1/2007 BA07-060 Asbestos siding removal of Parks Division Will Feed Rd Compound $35,000 6/12/2007 BA07-063 To replace IBM Mainframe/Server $55,485 6/26/2007 BA07-066 DEP / 5 Year -Temporary Floating Dock Permit @ Harbour Pointe $2,000 7/24/2007 BA07-070 Increase to Asbestos siding removal of Parks Division Will Feed Rd Compound $3,595 7124/2007 Total used: $879,203 Balance Available $120,797 Proposed action: BA07-073 Value Adjustment Board - To cover invoices $10,000 8/14/2007 Balance Available After Proposed Action: $110,797 AGENDA REQUEST ITEM NO. C14 TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery DATE: August 14, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [XI PRESENTED BY: Ken Justice SUBJECT: Authorize the submittal of a grant application to The Cable Positive Tony Cox Community Foundation on behalf of In The Image of Christ Inc., a non-profit organization, for funding to publicize HIV / AIDS related promotional / outreach materials to the residents of St. Lucie County. BACKGROUND: In The Image of Christ Inc. is a non-profit 501c3 corporation, founded in 2001 to provide comprehensive charitable health outreach services. The founder, Hazel Holyman, is recognized not only locally but also by the State as a leader in this field. The program is located at 115 North 8th Street, Fort Pierce, Florida 34950. Its' primary goal is to foster awareness of the HIV / AIDS disease and its prevention throughout the community, where program services are targeted to the general population and groups hardest hit by HIV/AIDS, such as minorities. Additional program resources available include free prevention resources and supplies, educational materials, and HIV screening to County residents. In The Image of Christ also supplies a local food pantry, a Planned Parenthood Program, and a essential Role Model Program aimed to build continuing support that will ultimately combat the HIV / AIDS epidemic in the County. If awarded, this competitive grant would provide funds to raise awareness of HIV / AIDS, that include educational materials, community based services, and free printed content. Grant funds to be requested is $7,000 with no financial or service obligation to the County. These funds would cover the overall costs of publicizing HIV / AIDS educational, promotional, and marketing outreach materials. FUNDS AVAIL: There is no financial obligation to St. Lucie County. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to The Cable Positive Tony Cox Community Foundation. COMMISSION ACTION: CONCURRENCE: L�1 APPROVED [ ] DENIED [ l OTHER: Approved 5-0 County Attorney: Originating Dept: WF Finance: (copies o 1 }: Dougijrs .rnaerson County Administrator Coordination/Si nat es Mgt & Budget: Purchasing: Public Works: Other: AGENDA REQUEST ITEM NO. C-15 DATE: August 14, 2007 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [XI TO: BOARD OF COUNTY COMMISSIONERS PRESENSUBMITTED BY(DEPT):Community Services Division Beth BY: Beth Ryder, Director SUBJECT: Approval for the Health Department to purchase two (2) vehicles for $28,260.00 (Two (2) 2007 Ford Escape (UO2) small size 4-door utility vehicles - at a cost of $28,260.00 and fees of $108 for tags and titles) with funds from the allocation approved by the Board for FY07 budget. The vehicles will be purchased off the Florida Sheriff's Association State Contract. BACKGROUND: The Health Department's current amended contract between the County and the State was approved February 27, 2007 for the amount of $10,161,812.00 with $1,153,000.00 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department. This request will not change the total allocation from the General Fund, but will decrease to $1,124,632 the amount for operation of the St. Lucie County Health Department. The $28,368.00 difference will be used to purchase two (2) vehicles (and tags) to provide transportation for Health Department employees which will reduce the cost of employee travel and to be used in hurricane response. The vehicles will be titled in the County's name. Attached is a letter from the Health Department clarifying this request. FUNDS AVAIL. FY07-001-6210-564000-600 (SLC Health Department -Machinery & Equipment) FY07-001-6210-549300-600 (SLC Health Department -Licenses & Fees) PREVIOUS ACTION: The Board approved the original contract and County's allocation of $1,153,000.00 in the FY07 budget. RECOMMENDATION: Staff has explored the purchase of a hybrid vehicle and the cost difference of $23,670.00 each as opposed to $14,130.00 each is substantial. Currently, factory approved maintenance facilities are not readily available. At this time with the budget restraints, staff is recommending purchasing the gasoline powered Ford Escapes. Staff recommends approval to use $28,368.00 of the $1,153,000.00 approved budget allocation to purchase two (2) vehicles and tags and authorization for the Chairman to sign all pertinent documents necessary. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER Approved 5-o County Attorney X Originating Department.-- - ---- Coordinationis- natures Management & Budget X ,7ther CONCURRE oou jTas ,ICI. Anderson County Administrator Purchasing. Ctner 7i '" COMMUNITY SERVICES MEMORANDUM #07-200 TO: Board of County Commissioners FROM: Beth Ryder, Director SUBJECT: Approval for the Health Department to purchase two (2) vehicles for $28,260.00 (Two (2) 2007 Ford Escape (UO2) small size 4-door utility Vehicles at a cost of $28,260.00 and fees of $108 for tags and titles) with funds from the allocation approved by the Board for FY07 budget. The vehicles will be purchased off the Florida Sheriff's Association State Contract. DATE: August 14, 2007 The Health Department's current amended contract between the County and the State was approved February 27, 2007 for the amount of $10,161,812.00 with $1,153,000.00 from the General Fund of St. Lucie County for operation of the St. Lucie County Health Department. This request will not change the total allocation from the General Fund, but will decrease to $1,124,632 the amount for operation of the St. Lucie County Health Department. The $28,368.00 difference will be used to purchase two (2) vehicles (and tags) to provide transportation for Health Department employees which will reduce the cost of employee travel and to be used in hurricane response. The vehicles will be titled in the County's name. Staff has explored the purchase of a hybrid vehicle and the cost difference of $23,670.00 each as opposed to $14,130.00 each is substantial. Currently, factory approved maintenance facilities are not readily available. At this time with the budget restraints, staff is recommending purchasing the gasoline powered Ford Escapes. Staff Recommendation Staff recommends approval to use $28,368.00 of the $1,153,000.00 approved budget allocation to purchase two (2) vehicles and tags and authorization for the Chairman to sign all pertinent documents necessary. Charlie `'"` FLORIDA DEP:AR'1'MEXT OF HEALTH Go%% !rwl end %I `'1Qnk0nte Res, M D .:ALP 11. Se�rctun,�f 11�alth TO: Beth Ryder, Director, Community Services FROM: Lydia Williams, General Services � `- �- DATE: June 25, 2007 SUBJECT: Vehicle Purchase This is a reuest to purchase two vehicles for the County Health Department and to reduce our 4t quarter allocation by their cost . The vehicles are: 2 each 2007 Ford Escape (UO2) small size 4-door utility vehicle — 42, standard engine, standard automatic transmission, power steering, standard gauges, air conditioning with 134A system, standard tinted glass all around, standard am/fm stereo, standard power windows, power door locks, cruise control and tilt steering wheel, standard production seats, color white, (options — add Heavy duty rubber floor mats, replaces carpet HD factory mats pass and cargo 50B/50Q $160.00) Each Cost: $13,970.00 + 160.00 $14,130.00 The total cost of both vehicles is $28,260.00 The vehicles will provide a reduction in employee travel expenses and be used for Hurricane and Disaster Response for the St. Lucie County community. If you have any question, please contact me at ext. 4887 or Jim Gilbert at ext. 4884. cc: Larry Lee. Administrator Jim L Gilbert, Administrative Services Director Doug Anderson, County Administrator Neil Appel Purchasing Director (SLC) SI'. Ll ('1E ('01 Vill I HEA1.C11 Dk-VW 'NIE.\T ---- Fort Pierce Site 51 50 NAA ,Milner Drive 714 Acenuc "C" , PortSt. Lucie Site 1 on Si l uric . FL 34ON3 5150 NW fb101ier 1)r I AX (772) 462-3.S24 I771) 4t 2-3x00 SC' 259-3,+Ipp - SunCom 259-3Y24 Wehsile: htrp:` www �tluciecuunt �hc�lth.a�m FAX: Com 2 l- 9 {1 l SunCum ..45-i941 k -,svvl r n,ncn -me: meann uepartmem vehtcte Purchase $aye From: Desiree Cimino To: Scott, Karen Date: 7/31/2007 9:35 AM Subject: Re: Health Department Vehicle Purchase The cost for a hybnd Ford Escape is $23,670.00/ea. Thanks, Desiree Desiree Cimino, Senior Buyer Purchasing Department Phone: 772-462-3581 Fax: 772-462-1704 >>> Karen Scott 7/31/2007 9:33 AM r» Desiree, Mr Anderson asked Betts to find out if the Ford Escapes that the Health Department wants to purchase are hybrids. If not, what is the cost difference between these and the hybrids? Thank you for your assistance. Karen Karen Scott Executive Assistant St Lucie County Community Services 437 North 7th Street Fort Pierce, FL 34950 772.462-2376 Fax 772-462-1703 SunCom: 259-2376 k scott,a%stluci�co qov Karen Scott E;:ecutive Assistant St Lucie County Community Services 437 North 7th Street Fort Pierce, FL 34950 772-462-2376 Fax: 772462-1703 SunCom: 259.2376 i< :�;>Yt.'•r,i_tlir-i�rn env AGENDA REQUEST Traniporlaeion planning NzDpr Organisolion ST. LUCIE URBAN AREA ITEM NO. C16 DATE: 8/14/07 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Transportation Planning Organization PRESENTED BY: TPO, Director SUBJECT: Recognize the Florida Commission for the Transportation Disadvantaged Planning Grant awarded for $22,132.00 for fiscal year 06/07 budget. BACKGROUND: See attached agreement — grant funding effective 7/1/07-6/30/08. FUNDS AVAILABLE: See attached Budget Resolution 07-239 PREVIOUS ACTION: none RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 07-239 to recognize the budget for the Florida Commission for the Transportation Disadvantaged Planning Grant #001420-1540 for FY06/07. . COMMISSION ACTION: '$4 APPROVED [ I DENIED [ ] OTHER: Approved 5-o County Attorney: Coordination/Signatures Management & Budget: A- urchasing: Orig Dept: Central Services: W. Anderson ministrator Finance: (Check for Copy only, if applicable) PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Satterlee, Direct DATE: July 31, 2007 SUBJECT: TD grant funding - FDOT BACKGROUND: The TPO TD (Transportation Disadvantaged) funds approved by FDOT authorization agreement dated 7/1/07 for a total of $22,132. Agreement is attached. These funds are part of the UPWP (Unified Planning Work Program) for O6/07 and 07/08 grant fiscal year. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve Budget Resolution #07-239 in the amount of $22,132. Funding will be made available in grant fund 001420-1540-599330-100. RESOLUTION NO. 07- 239 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Transportation Disadvantaged Coordinated System in the amount of $22,132. 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 14th day of August, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 001420-1540-334491-100 Transportation Disadvantaged $22,132 APPROPRIATIONS 001420-1540-599330-100 Project Reserves $22,132 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 14th DAY OF AUGUST, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY iIORIDA COMMISSION FOR FNF Transportation Disadvantage Charlie Crist Governor July 1, 2007 JR Harding Ed.D. Chairperson Donna Loggie Ms. Marceia Lathou Vice Chairperson St. Lucie Metropolitan Planning Organization Lisa M. Bacot 2300 Virginia Avenue Executive Director Ft. Pierce, FL 34982 Dear Ms. Lathou: Subject: Planning Grant Agreement # AOS00 St. Lucie County Enclosed is your copy of the fully executed grant agreement for the above referenced project. Consider this letter to be your authorization to proceed and begin incurring project costs, effective the execution date of this agreement. Thank you for your continued support of the Transportation Disadvantaged Coordinated System. Please contact Erin Schepers at (850) 410-5710 if you have any questions concerning this project. Sincerely, •r , L. Lisa M. Bacot , Executive Director 111=3iP Enclosure: Executed Agreement cc: DOT Comptroller Julie Hotaling, Financial Services Manager 605 Suwannee Street, MS-49 w Tallahassee, FL 32399-0450 Phone: (850) 410.5700 W Toll Free: (800) 983.2435 w Fax: (850) 410.5752 www.dot.stateA u sictd )AMAS Approp: 108846 _ Fund: TDTF FM'- �b No(s).: 705221401 SAMAS Obj.: 750075 Function: 035 CSI-H No. 55.002 Org Code: 55 12 00 00 952 Contract No.: AQ 5 cx) Vendor No.:F596-000-835-011 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED PLANNING GRANT AGREEMENT THIS AGREEMENT, made and entered into this !j� day of ci ...200 1 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPOlkTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and St Lucie Metropolitan Planning Organization 2300 Virginia Avenue Ft. Pierce Florida 34982 hereinafter called the Grantee/Agency. WITNESSETH: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to carry out responsibilities of the Commission which includes the function of the Designated Official Planning Agency and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide financial assistance to accomplish the duties and responsibilities of the Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, and the Application and Policy Manual for Transportation Disadvantaged Planning Related Services as revised on March 5, 2007; and as further described in this Agreement and in Exhibit(s) A, 6, C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide financial assistance to the Grantee 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. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" 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 Grantee 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 Grantee 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 Grantee will use its best efforts to enable the Grantee to Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 1 of 19 provide the necessary funs' -,)r the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial and operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide documents or products.requi red by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, the approved Planning grant application submitted by the Grantee, and the Application and Policy Manual for Transportation Disadvantaged Planning Related Services, as revised on March 5, 2007. 3.00 Total Project Cost: The total estimated cost of the Project is $ 22,132.00 . This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies,- in the Project in the amount of $ 22,132.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. 4.10 Eligible Costs: Planning Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to undertake planning activities. 4.20 Eligibie Project Expenditures: Project expenditures eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; and d) Submission of all certifications, invoices, detailed supporting documents or other obligating documents and all other terms of this agreement. 4.30 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 2 of 19 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B", 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. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision which changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B". This schedule shall show disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after. final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee 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 Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds". The Grantee 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 Commission, 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 Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account all eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not Planning Grant Agreement 2007/2008 Page 3 of 19 Form Rev. 03/05/07 within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers and such other detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Banking and Finance. Should the Grantee seek reimbursement for any travel expenses, documentation of such expenses must be filed in accordance with section 112.061, Florida Statutes. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In the event that the Grant recipient expends a total of $300,000 or more in State awards in its fiscal year, the Grant recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, Rule Sections 10.550, 10.650, Florida Administrative Code, and the applicable rules of the Executive Office of the Governor and the State Comptroller, and rules of the Auditor General. State Awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, the name of the awarding State Agency. If the grant recipient expends less than $300,000, this audit is not required and if the grant recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds. The Grant recipient agrees to allow the Commission, the Department of Transportation, the State Comptroller and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Grant Recipient shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Commission and the Office of the Auditor General. The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 4 of 19 representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital equipment; and to audit the books, records and accounts pertaining to the financing and development of the project at all reasonable times including upon completion of the project, and without notice. Grant recipients shall make all records available to the CTD, upon request, for a period of five (5) years after final project invoice. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Grant Recipient shall submit as part of the audit package to the Commission a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Grant Recipient shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Commission funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450 its requisition on form or fors prescribed by the Commission, and such other data pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions,invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing Procedures. 8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support documentation will be true and correct. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document of data or certification furnished therewith or pursuant hereto; Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 5 of 19 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "C". 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds.will because for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2, and 60A-1 Florida Administrative Code, and the Application and Policy Manual for Planning Related Services is met. 6.50 Travel Expenses: Bills for any travel expenses shall be submitted in accordance with section 112.061, Florida Statutes. The Commission may establish rates lower than the maximum provided in section 112.061, Florida Statutes. Travelers shall not be reimbursed on a per -diem basis nor shall travelers received subsistence allowance for Class "C" travel. This applies to all contracts, grants and agreements for all services. This language pertains to meals and lodging only, not expenses that relate to the provision of transportation or other travel related expenses. 8.60 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 6 of 19 the amount is not made within sixty (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20 hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, 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 Commission may terminate any or all of its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission 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 Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission:reserves.the right to unilaterally cancel this agreement for refusal by the agency or its contractors to allow public access to all documents, papers, letters, records, 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 and after financial audit of the project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 7 of 19 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation: Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with the Grantee, where said project involves a consultant contract for any services, is contingent on the Agency complying in full with provisions of section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services or other commodities shall comply with the provisions of section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any Project, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotions. or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of 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. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee 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, the Regulations of the Federal Department of Justice, and the assurance by the Agency pursuant thereto. 13.30 Prohibited Interests: Planning Grant Agreement 200712008 Form Rev. 03/05/07 Page 8 of 19 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement ortermination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the.Grantee.determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 9 of 19 contractors or their sub -contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with, Disabilities Act, as it may be amended from time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment, telephone; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 11.0Q_ Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement Planning Grant Agreement 200712008 Form Rev. 03/05/07 Page 10 of 19 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 and Commissions: By execution of the Agreement the Grantee 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 Grantee 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 Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Agency to the end that the Grantee may proceed as soon as possible with the Project. 15.00 Plans and Specifications: Not applicable. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Planning Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of section 768.28 Florida Statutes, or any similar provision of law. Notwithstanding the foregoing, pursuant to section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 17.20 Multi -Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of section 339.135(7)(a), and section 287.058, 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 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 shall be 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 Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 11 of 19 contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one 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 twenty-five thousand dollars and having a term for a period of more than one year." In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission's performance and obligation to pay under any multi -year Agreement is explicitly contingent upon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30. 2008. If the Grantee does not complete the Project within this time period, this agreement will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2008. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution.of.Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (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 forty (40) days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 12 of 19 after a thirty-five (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 Grantee requests payment. Invoices which have to be returned to a Grantee 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 Commission. A Vendor Ombudsman has been established within the Commission of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed ,and .shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 13 of 19 FM/JOB No(s). CONTRACT NO. AGREEMENT DATE 23705221401 Imo? `a Cn C- IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: St. Lucie Metropolitan Planning Organization BY. TITLE. jI11 PD r Pere A or Apf,jLtVE2 k.9 TO FWA AID ovsK SS: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TITLE: Executive Director.(Commission Designee) peverly C.Austin ATTEST: Commission # DD536614 Expires April 7, 2010 �— na0 Troy Ffn • Mfaonce, tM !OF]65•J01� / �� � �' NOTARY SEAL or TITLE f , 1*f, Erin K. 5chepers =•fi Commission # DD542646 Expires August 19, 2010 yPi��f Bontlfa Troy Fun•mfunnq. me lOOdBS-T019 DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Planning Grant Agreement 2007/2006 Form Rev. 03/05/07 Page 14 of 19 FMJJOB No(s). 23705221401 CONTRACT NO. ItQS C, AGREEMENT DATE -A — I __0" 1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES: PLANNING This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and St Lucie Metropolitan Planning Organization 2300 Virginia Avenue Ft Pierce, Florida 34982 PROJECT LOCATION: St. Lucie County(s) PROJECT DESCRIPTION: This project provides for the accomplishment of the duties and responsibilities of the Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies and the Application and Policy Manual for Transportation Disadvantaged Planning Related Services as revised on March 5, 2007. The project period will begin on the date of this agreement and will end on the date indicated in Article 18.00 hereof. Specific required tasks are as follows: I. Program Management A. When necessary and in cooperation with the local coordinating board, solicit and recommend a community transportation coordinator, in conformity with Chapters 287 and 427, Florida Statutes. B. Develop and maintain a process for the: appointment and reappointment of voting and non- voting members to the local coordinating board (LCB). C. Prepare agendas for local coordinating board meetings consistent with the Local Coordinating Board and Planning Agency Operating Guidelines. Ensure that operator payments are addressed as a standard agenda item. D. Prepare official minutes of local coordinating board meetings. For committee meetings, prepare minutes in the form of a brief summary of basic points, discussions, decisions, and recommendations to the full board. Keep records of all meetings for at least five years. E. Provide at least one public hearing annually by each local coordinating board, and assist the Commission, as requested, in co -sponsoring public hearings. F. Provide staff support for committees of the local coordinating board. G. Develop and update annually by-laws for local coordinating board approval. Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 15 of 19 H. Develop, annually update, and implement local coordinating board grievance procedures in accordance with the Commission guidelines, which includes a step within the local complaint and/or grievance procedure that advises a dissatisfied person about the Commission's Ombudsman Program. I. Maintain a current membership roster and mailing list of local coordinating board members. J. Provide public notice of local coordinating board meetings and local public hearings in accordance with the Coordinating Board and Planning Agency Operating Guidelines. K. Review and comment on the Annual Operating Report for submittal to the local coordinating board, and forward comments/concerns to the Commission for the Transportation Disadvantaged. L. Review the transportation disadvantaged service plan, and recommend action to the local coordinating board. M. Report the actual expenditures of direct federal and local government transportation funds to the Commission for the Transportation Disadvantaged no later than September 15th. N. Report the annual budget estimates of direct federal and local government transportation funds to the Commission for the Transportation Disadvantaged no later than June 30th and as required by Chapter 427, Florida Statutes. II. Service Development The planning agency shall develop the following service development items. A. Jointly, with the community transportation coordinator and the local coordinating board, develop the Transportation Disadvantaged Service -:Plan (TDSP) by preparing the planning section following Commission guidelines. B. Encourage integration of transportation disadvantaged" issues into local and regional comprehensive plans. Ensure activities of the local coordinating board and community transportation coordinator are consistent with local and state comprehensive planning activities including the Florida Transportation Plan. C. Encourage the local Community Transportation Coordinator to work cooperatively with local WAGES coalitions established in Chapter 414, Florida Statutes, and provide assistance in the development of innovative transportation services for WAGES participants. III. Technical Assistance Training, and Evaluation The planning agency shall provide technical assistance and training for the local coordinating board, and shall assist the local coordinating board in monitoring and evaluating the community transportation coordinator. Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page ifi of 19 A. Provide the local coordinating board with quarterly reports of transportation disadvantaged planning accomplishments and expenditures as outlined in the planning grant agreement and any other activities related to the transportation disadvantaged program including but not limited to consultant contracts, special studies, and marketing efforts. B. Attend at least one Commission -sponsored training, including but not limited to, the Commission's quarterly regional meetings, the Commission's annual training workshop, or other sponsored training. C. Attend at least one Commission meeting each year within budget/staff/schedule availability. D. Notify Commission staff of local transportation disadvantaged concerns that may require special investigations. E. Provide training for newly -appointed local coordinating board members. F. Provide assistance to the community transportation coordinator, purchasing agencies, and others, as needed, which may include participation in, and initiating when necessary, local or regional meetings to discuss transportation disadvantaged needs, service evaluation and opportunities for service improvement. G. To the extent feasible, collect and review proposed funding applications involving "transportation disadvantaged" funds consistent with Chapter 427, Florida Statutes, and Rule 41-2, Florida Administrative Code, and provide recommendation to the local coordinating board. H. Ensure the local coordinating board conducts, at a minimum, an annual evaluation of the community transportation coordinator. The local coordinating board shall evaluate the coordinator using the Commission's Evaluation Workbook... for, Community Transportation Coordinators and Providers in Florida (at a minimum, using the modules concerning Competition in Use of Operators, Cost -Effectiveness and Efficiency, and Availability of Service) and local standards as defined in the Transportation Disadvantaged Service Plan. I. Assist the Commission for the Transportation Disadvantaged in joint reviews of the community transportation coordinator. 1. Ensure the local coordinating board annually reviews coordination contracts to advise the Coordinator whether the continuation of said contract provides the most cost effective and efficient transportation available, consistent with Rule 41-2, Florida Administrative Code. K. Implement recommendations identified in the Commission's QAPE reviews. IV Special Considerations by Planning Agency: V. Special Considerations by Commission: Planning Grant Agreement 200712008 Form Rev. 03/05/07 Page 17 of 19 CONTRACT NO. AGREEMENT DATE r1 i ._0-7 EXHIBIT "B" PROJECT BUDGET AND CASHFLOW This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St Lucie Metropolitan Planning Organization, 2300 Virginia Avenue Ft Pierce Florida 34982 I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, and the Application and Policy Manual for Transportation Disadvantaged Planning Related Services as revised on March 5, 2007. Planning Related Services St. Lucie County TOTAL: $22,132.00 23705221401 $22,132.00 II. SOURCE OF FUNDS Commission for the Transportation Disadvantaged State Funds (100%) $ 22,132.00 Total Project Cost$ 22,132.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul. Aug. Sep. FY 07 8 5.533 Oct. Nov. Dec. Jan. Feb. Mar. Apr. May Jun. 5.533 5.533 5.533 Planning Grant Agreement 2007/2008 Form Rev. 03/05/07 Page 18 of 19 FM/JOB No(s). CONTRACT NO. AGREEMENT DATE EXHIBIT "C" PLANNING 23705221401 0tos 00 i This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St Lucie Metropolitan Planning Organization 2300 Virginia Avenue Ft Pierce Florida 34982 THE GRANTEE SHALL SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: 1. Submit progress reports quarterly. Finished products such as approved Coordinating Board minutes, by-laws, grievance procedure and actions taken, consolidated estimate of Federal and Local government transportation disadvantaged funds, and the Transportation Disadvantaged Service Plan, as they are completed. The progress reports and finished products are required to accompany, or to precede, all reimbursement invoices. 2. Submit copy of financial reporting packages of audits as required in Section 7.60 of this Agreement and prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to: Commission for the Transportation Disadvantaged State of Florida Auditor General 605 Suwannee Street, MS-49 Room 574, Claude Pepper Building Tallahassee, FL 32399-0450 111 West Madison Street Tallahassee, FL 32302-1450 THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter- governmental contract as set forth in section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.107(1)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 187.017(1)(a), Florida Statutes. Planning Grant Agreement 2007/2008 Page 19 of 19 Form Rev. 03/05/07 ITEM NO. C-17 AGENDA REQUEST DATE: August 14, 2007 REGULAR() PUBLIC HEARING () CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: ERD/Oxbow Sandra Boaan, Oxbow Eco-Ctr, Mar SUBJECT: Special Account for the Treasure Coast Green Conference BACKGROUND: St. Lucie County in cooperation with the City of Pt. St. Lucie and the City of Ft. Pierce, is planning a Treasure Coast Green Conference set for October 18t', at the Pt. St. Lucie Community Center. The purpose of the Conference is to inspire representatives from local governments and the development community to seek a creative, comprehensive approach to development which works with the natural environment, enhances regional economies, and results in healthy, resource -efficient communities. Funding for this conference will be raised through sponsorships and registration fees. Resolution #07-238 will allow the Oxbow Eco-Center manager to process registrations and sponsorships, and ensure payment of the costs of the conference. FUNDS WILL BE MADE AVAILABLE: See attached budget resolution 07-238 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve resolution #07-238, in order to set up special accounts for the Treasure Coast Green Conference. COMMISSION ACTION: ( APPROVED () DENIED () OTHER Approved 5-0 CONCURR E: DOG DERSON COUNTY ADMINISTRATOR Coordination/Sianatur s County Attorney (X) Mgt. & Budget( Purchasing( ) Originating Dept. (X) Other O Other( ) Finance: (check for copy, only if applicable) Commission Review: August 14, 2007 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: County Commission FROM: Sandra Bogan, Education and Outreach Manager DATE: July 31, 2007 SUBJECT: Request for resolution # 07-2381 Special Account 3925 for Treasure Coast Green Conference St. Lucie County in cooperation with the City of Pt. St. Lucie and the City of Ft. Pierce, is planning a Treasure Coast Green Conference set for October 18th, at the Pt. St. Lucie Community Center. The purpose of the Conference is to inspire representatives from local governments and the development community to seek a creative, comprehensive approach to development which works with the natural environment, enhances regional economies, and results in healthy, resource -efficient communities. Funding for this conference will be raised through sponsorships and registration fees. The attached agenda items sets up a special account for this conference which will be administered by the Oxbow Eco-Center. SUBMITTED: Sandra Bogan, u tion and Outreach Manager cc: Doug Anderson, County Administrator Dan McIntyre, County Attorney Vanessa Bessey, Environmental Resources Department Director File RESOLUTION NO. 07- 238 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the amount of $20,800 for Treasure Coast Green Conference. 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 14th day of August, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 001-7912-366900-3925 001-7912-347210-3925 APPROPRIATIONS 001-7912-534000-3925 001-7912-547000-3925 001-7912-541300-3925 001-7912-551200-3925 001-7912-551000-3925 001-7912-548060-3925 001-7912-552000-3925 City of Ft. Pierce $10,300 Program Fees $10,500 Other Contractual Services $15,800 Printing & Binding $3,000 Postage $100 Equipment < $1,000 $1,000 Office Supplies $500 Promotional Activities $200 Operating Supplies $200 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 14" DAY OF AUGUST, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 08/10/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #45- 04-AUG-2007 TO 10-AUG-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 58,338.65 43,770.55 146 Mosquito State I Fund 12,966.08 0.00 GRAND TOTAL: 71,304.73 43,770.55 08/10/07 ST. LUCIE COUNTY - HOARD PAGE 1 FZABWARR WARRANT LIST #45- 04-AUG-2007 TO 10-AUG-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 4,451.36 4,713.60 GRAND TOTAL: 4,451.36 4,713.60 Paula A. Lewis, Chairman District No. 3 Doug Coward, Vice Chairman District Me. 2 Joseph E. Smith District Me.1 Charles Grande District Me. 4 Chris Craft District No. 6 AGENDA July 24, 2007 1. MINUTES Approve the minutes from the meeting held on July 24, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No. 43, 44 and 45. 2. PURCHASING A. Award of Invitation to Bid (ITB) #07-071, Blind Creek: Parking Lot Construction, to the lowest responsive, responsible bidder, Native Technologies, Inc. for $61,595.00 — Consider staff recommendation to award Invitation to Bid #07-071, Blind Creek: Parking Lot Construction, to the lowest responsive, responsible bidder, Native Technologies, Inc. for $61,595.00, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Board approval advertise a Request for Qualifications (RFQ) for Engineering services for Mosquito Control activities including, but not limited to impoundment reconnection, restoration, operations and maintenance — Consider staff recommendation to 1. Approve a Request for Qualifications (RFQ) for Engineering services for Mosquito Control activities including, but not limited to impoundment reconnection, restoration, operations and maintenance, 2. Approve for the County Administrator to appoint a selection committee. 2. MOSQUITO CONTROL Approval to Accept Offer for Surplus Equipment — Consider staff recommendation to accept the offer from the Pinellas County Mosquito Control, in the amount of $210.00, and place those funds into the District's state fund account. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-rm or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 24, 2007 Convened: 11:30 a.m. Adjourned: 11:31 a.m. Commissioners Present: Chairman, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES It was moved by Com. Craft, seconded by com. Coward, to approve the minutes of the meeting held Jun 26, 2007, and upon roll call, motion carried unanimously. 2. GENAERAL PUBLIC COMMENT None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List Nos. 39, 40, 41 and 42. 2. PURCHASING A. The Board approved to piggyback Indian River County Mosquito Control District Invitation to Bid on Permethrin. B. The Board approved the First Amendment to Contract No. CO3-12-795 with R.L. Weight Environmental Consultant, Inc. for the Bear Point Mitigation Bank Qualified Mitigation Supervisor Services and authorized the Chairman to sign. C. The Board approved advertising an Invitation to Bid for Electrical Contracting Services for facilities including pump stations, pumps, aerator stations and offices. D. The Board approved advertising an Invitation to Bid for the purchase of replacement monitors and controllers for Ultra Low Volume spray units. E. The Board approved the Sole Source Procurement with Southeaster Aerial Crop Services for Aerial Larviciding Services and authorized the Chairman to sign the contract not to exceed $50,000 as prepared by the County Attorney's office. 4. MOSQUITO CONTROL Indian River Lagoon License Plat Program FY 2007- Grant Application- The Board authorized the application (August 10, 2007 deadline) for grant funding from the Indian River Lagoon License Plate FY 2007 grant in the a mount of $40,758 acceptance of the grant if awarded and authorized the Chairman to execute the Agreement pending County Attorney review and approval of the Agreement. JUL 3 0 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court W 07/27/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #43- 21-JUL-2007 TO 27-JUL-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 149,134.19 GRAND TOTAL: 149,134.19 PAGE 1 PAYROLL 57,706.56 57,706.56 07/27/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #43- 21-JUL-2007 TO 27-JUL-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,620.53 GRAND TOTAL: 3,620.53 PAGE 1 PAYROLL 4,713.60 4,713.60 07/27/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #43- 21-JUL-2007 TO 27-JUL-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 149,134.19 GRAND TOTAL: 149,134.19 PAGE 1 PAYROLL 57,706.56 57,706.56 07/27/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #43- 21-JUL-2007 TO 27-JUL-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,620.53 GRAND TOTAL: 3,620.53 PAGE 1 PAYROLL 4,713.60 4,713.60 08/03/07 ST. LUCIE COUNTY - HOARD PAGE 1 FZABWARR WARRANT LIST #44- 28-JUL-2007 TO 03-AUG-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 96,258.08 0.00 146 Mosquito State I Fund 15,488.19 0.00 GRAND TOTAL: 111,746.27 0.00 08/03/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #44- 28-JUL-2007 TO 03-AUG-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 976.42 0.00 GRAND TOTAL. 976.42 0.00 ITEM NO. DATE: AGENDA REQUEST REGULAR TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT SUBMITTED BY: SUBJECT: BACKGROUND: PURCHASING DEPARTMENT C2-A 08/14/07 PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Neil Appel, Purchasing Director Award of Invitation to Bid (ITB) #07-071, Blind Creek Parking Lot Construction, to the lowest responsive, responsible bidder, Native Technologies, Inc for $61,595.00. Please see attached memorandum. FUNDS AVAILABLE: 145-6230-563000 (Infrastructure)-JG005M PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval to award Invitation to Bid #07-071, Blind Creek Parking Lot Construction, to the lowest responsive, responsible bidder, Native Technologies, Inc for $61,595.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: 01 APPROVED O DENIED () OTHER APProved 5-0 County Attorney Mosquito Control (x) vi ofton-'I (X) CONCURRENC : DouW derson County Administrator Coordination/Signatures Mgmt & Budget (X) Purchasing (X) Other Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: July 17, 2007 RE: Award of Invitation to Bid (ITB) #07-071, Blind Creek Parking Lot Construction, to the lowest responsive, responsible bidder, Native Technologies, Inc for $61,595.00. Background: On June 17, 2007 St. Lucie County issued ITB #07-071 for the construction of 4 parking areas and access roadways to, and between, the parking areas, at Blind Creek Park. Six Hundred Seventy Four (674) firms were notified, Twenty Two (22) bid packages were issued and Six (6) bids were submitted. Recommendation: Staff requests Board approval to award Invitation to Bid #07-071, Blind Creek Parking Lot Construction, to the lowest responsive, responsible bidder, Native Technologies, Inc for $61,595.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. NAlak BOARD OF COUNTY COMMISSIONERS Bid #07-071 BLIND CREEK PARKING LOTS OPENED: TUE 07/10/07 AT 2:00 PM PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR Total Bid Price Native Technologies 814 South Military Trail Deerfield Beach, FI 33442 $61,595.00 Tel: 954-596-2411 Fax: 954-480-6249 Sunshine Land Design 3291 SE Lionel Terrace Stuart, FL 34997 $62,872.00 Tel: 772-283-2648 Fax:772-283-8944 Beville Tractor 771 Campbell Road Fort Pierce, FL 34945 $77,000.00 Tel: 772-464-4074 Fax: 772-468-9295 Timothy Rose Contracting, Inc. 1360 Old Dixie Hwy SW, #16 Vero Beach, FL 32962 $77,302.00 Tel: 772-564-7800 Fax: 772-564-7888 Ranger Construction Industries 4510 Glades Cut -Off Road Fort Pierce, FL 34981 $95,984.60** Tel: 772-464-6460 Fax: 772-466-9559 Precision Paving & Excavation, Inc. 8430 Hidden Pines Road Fort Pierce, FL 34945 $175,000.00** Tel: 772-468-1313 Fax: 772-468-1071 Number of companies notified*: 674 Number of bid documents distributed*: 22 Number of bids received: 6 *per demandstar.com ** Non -responsive ITEM NO. C2-B DATE: 08/14/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to advertise a Request for Qualifications (RFQ) for Engineering services for Mosquito Control activities including, but not limited to impoundment reconnection, restoration, operations and maintenance. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 145-6230-531000-600 Professional Services PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends: 1-Board approval to advertise a Request for Qualifications (RFQ) for Engineering services for Mosquito Control activities including, but not limited to impoundment reconnection, restoration, operations and maintenance; 2-Approval for the County Administrator to appoint a selection committee. COMMISSION ACTION: CON (� APPROVED () DENIED () OTHER Approved 5-0 Doug County Attorney (X) 5jV t!, (Jorn Mosquito Control (X) 3 M. Administrator Coordination/Sian atures Mgmt & Budget (X) Purchasing (X)_ Other Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: July 17, 2007 RE: Board approval to advertise a Request for Qualifications (RFQ) for Engineering services for Mosquito Control activities including, but not limited to impoundment reconnection, restoration, operations and maintenance. Background: Since Impoundment reconnection, restoration, operation and maintenance often require permitting or other professional engineering -related services, staff is soliciting qualifications for Engineering and Consulting Services for Mosquito Control activities. Impoundment construction and re -construction activities often involve; survey, design/as-builts, geotechnical and hydrological data, which permitting agencies require be collected, analyzed, and reported as part of the permit submission and post -construction permit sign -off process. Grant agencies (i.e. FEMA, Fish America, NOAA, etc.) also require professional certified reports be included as part of grant submission/reporting requirements. Permitting and pre -permitting activities sometimes require seagrass survey and UMAM analysis. A qualified consultant is needed to provide these and other related services, such as construction oversight and hydrological modeling. Recommendation: Staff recommends: 1-Board approval to advertise a Request for Qualifications (RFQ) for Engineering services for Mosquito Control activities including, but not limited to impoundment reconnection, restoration, operations and maintenance; 2-Approval for the County Administrator to appoint a selection committee. NA/ak AGENDA REQUEST ITEM NO. C - 3 DATE: August 10, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Mosquito Control District Board SUBMITTED BY: Mosquito Control SUBJECT: Approval to Accept Offer for Surplus Equipment PRESENTED BY: James R. David BACKGROUND: In order to meet the requirements of Chapter 388.323, Florida Statutes, District surplus equipment must first be offered to other Mosquito Control Districts, through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. That process was completed and one offer was received, from Pinellas County, for purchase of surplus Liberty Plus Mosquito Magnets/parts, for use as surplus parts. The equipment was originally provided free of charge to the District. FUNDS AVAIL.: N/A PREVIOUS ACTION: Board approval to surplus on June 26, 2007 RECOMMENDATION: Staff recommends that the Board accept the offer from the Pinellas County Mosquito Control, in the amount of $210.00, and place those funds into the District's state fund account. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Review and Approvals County Attorney: Management & Budget t.46ginating Dept. A Z Other: Finance: (Check fo opy only, if applicable)_ County Administrator V6uchasing: Other: Eff. 5/96 MOSQUITO CONTROL DISTRICT MEMORANDUM TO: Mosquito Control District Board FROM: James R. David, Mosquito Control Director DATE: July 20, 2007 RE: Approval to Accept Offer for Surplus Equipment BACKGROUND: In order to meet the requirements of Chapter 388.323, Florida Statutes, District surplus equipment must first be offered to other Mosquito Control Districts, through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. That process was completed, and one offer was received, from Pinellas County, for purchase of surplus Liberty Plus Mosquito Magnets (for use as surplus parts). The equipment was originally provided free of charge to the District. RECOMMENDATION: Staff recommends that the Board accept the offer from the Pinellas County Mosquito Control, in the amount of $210.00, and place those funds into the District's state fund. cc: file H:\WP\AGENDA\2007\Surp1us No.1 Offer Accept_mem wpd X007/1UL/03ME 07:29 AM P. 001/001 OARD OF COUNTY COMMISSIONERS Ronnie E Duncan - Chairman Robert 9. Stewart - Vice Chairman Calvin D. Harris Susan Latvala John Morroni (Caren Williams Seel Kenneth T. Welch To: Jim David Fax: 772-462-1565 Phorie: 772-462-1686 Re: 5urplus Magnets From: Nancy Iannotti Pages: 1 pate: 7/3/2007 Pinellas County i PUBLIC WORKS Highway Pinellas County Mosquito Control submits a bid of1$10 each for the 215urplus Liberty Plus Mosquito Magnets, for a total not to exceed $21T. We would offer the same amount for any number of magnets remaining if we have been overbid for a portion of the Magnets. . s Nan Iannotti, Director PLEASE ADDRESS REPLY TO: Pinellas County Mosquito Control 22211 U.S. 19 North Clearwater, Florida 33765 Phone: (727) 464.8900 Website•. www.pinallascounty.org FROM CTUU)JUN 26 2007 16:66/6T.16:06/Ne.7600000464 P 2 y .Uq, 26, 2007 3:22PM No.0771 P. 3 Surplus Liberty Plus Mosquito Magnets Serial Vs LP0000064154 LP0000067316 LP0000066511 LP0000063688 LP0000052796 LP0000052762 LP00521AJO3442F LP00521AJO16744 LP00521AJO13796 LP00521AJO15764 LP00517AJ032883 LP00517AJ032980 LP00527AJO09941 LP00527AJO04517 LP00527AJO03804 LP00527AJO0449A LP00527AJO09915 LP00527AJO0996D LP00526AJO07360 LP00526AJO12308 LP00519AJ028507 td Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No. 4 District No. S District Ne.1 District No. 2 District No. 3 AGENDA August 114, 2007 1. MINUTES Approve the minutes from the meeting held on July 24, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 11. WARRANTS LIST Approve Warrants List No. 43, 44 and 45. 2. PUBLIC WORKS Artificial Reef Grant program: Enter into Woriz Authorization No. 10 (C-05-11-619) with Lee E. Harris, P. E., PhD., to perform investigations for the permitting of two (2) new artificial reef sites offshore of North Hutchinson Island — Consider staff recommendation to approve Works Authorization No.10 (C-05-11-619) with Lee E. Harris, P.E., PhD, in the amount of $6,960.00, and execution of said agreement by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, F LORIDA REGULAR MEETING Date: July 24, 2007 Convened: 11:31 a.m. Adjourned: 11:31 a.m. Commissioners Present: Chairman, Charles Grande, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith Others Present: Doug Anderson, County Administrator Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Richard Bouchard, Erosion manager, Millie Delgado -Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held Jun 26, 2007 and; upon roll call, motion carried unanimously. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes from the meeting held July 3, 2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List Nos. 39, 40, 41 and 42. 2. PUBLIC WORKS South County Dune Restoration- The Board approved Resolution No. 07-010 and approved Work Authorization No. 9 with Coastal Technology Corporation for he determination of an appropriate funding plan along with services for permitting, design and construction oversight and authorized the Chairman to sign. There being no further business to be brought before the Board, the meeting was adjourned. Chairman AGENDA REQUEST ITEM NO. C-2 Date: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ ) CONSENT [ X ] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710u(��n�Q, Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Artificial Reef Grant Program: Enter into. Work Authorization No. 10 (C-05-11-619) with Lee E. Harris, P.E., PhD., to perform investigations for the permitting of two (2) new artificial reef sites offshore of North Hutchinson Island. BACKGROUND: The St. Lucie County Artificial Reef Program has added 13 deployments on its two permitted artificial reef sites south of the Fort Pierce Inlet over the last 2 years. The third permitted site (Fish Haven) north of the Inlet has been determined to be too shallow for effective artificial reef deployments to occur. Investigation of two deeper water sites offshore of North Hutchinson Island will precede a permit application for these sites. The first site is located 5.6 nautical miles from the inlet in water depths of approximately 55 feet and the second site is 13.4 nautical miles in 120 to 140 foot water depths. Both of these sites are depicted by the crosshatched areas the on the attached drawing. The Marine Advisory Committee also supports the permitting of both sites. FUNDS: Funds ($6,960.00) will be made available in Account #184-3710-563005-39003: Erosion District — Artificial Reefs. PREVIOUS ACTION: November 22, 2005: Board approved the selection of Mr. Lee E. Harris as artificial reef consultant RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization No. 10 (C-05-11-619) with Lee E. Harris, P.E., PhD, in the amount of $6,960.00, and execution of said agreement by the Chairperson. COMMISSION ACTION: [9 APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED [x]County Attorney dd [x]Originating Dept. Public Works - Douglas Anderson County Administrator Coordination/Signatures yl� [x]Mgt. 8 Budget �ty►Ir f F J [x]Madne Resource Coor �'J [x]Fiscal Coordinator SA14'' [ ]FinanceDepl. C:1DrawingsUim0ppenbom10729-NHIRS.dwg, 7/23/2007 2:40.40 PM, SLCPW-ED — D. S. ARD "GRAPHIC SCALE f; " } :.0 7000' 14000 "¢R1D 1883�r4 831 ID Ea068 LATITQDE. 27*35 54.574" r inch,.; = ° 14000 ft. LONGITWE:-80°02`10:�233' „ .• i a ,' l�1�1D N:1186193.4.10 °' �� P GRID • •� Eri962348°068' 1 „ GRID ;M:1168477.740 1ATMUDE:27°35'3T.607" a L 'GRI.D,E:922840.208' TUDEu.80°0`3'16.9) 8" LAB T4�UDE: 27°32'25. f.85" I "' LOf C ITUDE:-80"ITI3 .48& y ; GRID NA1604J0 977 GRID E:924W2,,009 i Y P TITUDE 27,M4,28 776"' (3F21D N.1164515 J4D ONGIEFUDE r80°1 1 4 '3 ' «' ;GRID E:916853.444- �` 4 a, : '�\ ,f,fi"Y111'''''t/ ' 1 ,x TII�JDE: 27*32'06.149"° I , L' QI�IGI rf?1DE.' -80° 1 144111011 I. G B l ..• .,� + 'i I e- .. e. 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' eY �' "OF SHORE SITE Lie 2r 23. .oea" a Lona. low P.1 a;. aD ''I, I ✓ h s. a v ��' e, ssn N.O.A i P 11174 sv 10th Editio . 2b 2000 , t, lilt V �C O o GENERAL LOCATION MAP: PROPOSED ARTIFICIAL REEF SITES BY THE ST. LUCIE CO. EROSION DISTRICT B0 0g C Cpy� ONM LU�)�iTY )IDA PUBIIC TOWDEP!„ ENGII�DiG DIVL4[ON, EROSION DISTRICT p00 Y� AM. MW PUMCX. PUMA MMi � 462 — 3707 R I Y I 8 I O N 8 C05-11-619 (WA #10) WORK AUTHORIZATION NO. 10 Professional Services Related to Artificial Site Investigations Two (2) Potential Sites East of North Hutchinson Island Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the District") and Mr. Lee E. Harris, P.E., PhD (the "Consultant") dated November 22, 2005 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part thereof as Exhibits "A", "B", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MR. LEE E. HARRIS, P.E., PhD BY: Print Name: Title: Date: H'IMSWORDWISCILHARRIS. WA10 LEE E. HARRIS, Ph. D., P.E. Consulting Engineer Phone: 3211795-1126 "Exhibit A" Scope of Work July 9, 2007 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 310 Ormond Ave. Indialantic, FL 32903 Email: Lharris@fit.edu RE: ST LUCIE COUNTY ARTIFICIAL REEFS — Investigations of 2 New Potential Reef Sites Jim: This letter is to provide you with a proposal and cost estimate for our work for St. Lucie County for providing services to investigate 2 new potential artificial reef sites. This proposal consists of the following items: 1. Scope of Work (Exhibit A), 2. Cost (Exhibit B), and 3. Schedule (Exhibit Q. To perform this work, we will spend 2 days of ship and diver work for investigating 2 new potential artificial reef site deployment areas. The work will include fathometer surveys and diver surveys to look for any existing reefs, hardbottom, wrecks, bottom type, etc. Video and photographs will be taken to document the conditions. For the shallower site, water jet probes will be done to assess the suitability of the bottom for artificial reef foundation. For the deeper site, investigations will include searching for the location of the ledge west of this proposed site and the eastern hardbottoms with a fathometer. Based on the survey work performed for the 2 sites, we will adjust the corner coordinates on the proposed site(s) if required. Please contact me for any further information required. Sincerely, Lee E. Harris, Ph.D., P.E. Consulting Coastal & Oceanographic Engineer revLHarris_SLCAR new sites surveys.doc Pagel of 3 LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 3211795-1126 "Exhibit B" Costs July 9, 2007 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 310 OrmondAve. Indialantic, FL 32903 Email: Lharris@ftt.edu RE: ST LUCIE COUNTY ARTIFICIAL REEFS - Investigations of 2 New Potential Reef Sites Using the approved rate sheet, the following costs are proposed to perform the work for St. Lucie County to investigate 2 new potential artificial reef sites. ST LUCIE COUNTY Investigations of 2 New Reef Sites Rate Time (hrs) Amount One Day Field Work — shallow site Project manager 95 12 1140.00 Small Workboat with operator and fuel 75 12 900.00 Diver support — 1 additional diver per day 45 12 540.00 Diving & photographic equipment use 75/day 1 day 75.00 Water jet pump and other equipment 100/day 1 day 100.00 Subtotal $2,766.00 One Day Field Work — deep site Project manager 95 14 1330.00 Small Workboat with operator and fuel 75 14 1050.00 Diver support —1 additional diver per day 45 14 630.00 Diving & photographic equipment use 75/day 1 day 75.00 Subtotal $3,085.00 Office work: data analysis, photographs, & report preparation Project manager 95.00 8 660.00 Technical personnel — 1 @ 45/hour 45.00 8 360.00 Subtotal 1 $1,120.00 TOTAL COST= $6,960.00 revLHarris_SLCAR new sites surveys.doc Page 2 of 3 LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 3211795-1126 "Exhibit C" Schedule July 9, 2007 310 Ormond Ave. Indialantic, FL 32903 Email. Lharr&WIt.edu Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: ST LUCIE COUNTY ARTIFICIAL REEFS — Investigations of 2 New Potential Reef Sites Task Estimated Completion Time Planning Completed prior to September 1, 2007 Field work Completed by October 1, 2007 Survey report Completed by November 1, 2007 revLHarris_SLCAR new sites surveys.doc Page 3 of 3 LINE -TO -LINE TRANSFER REQUEST DEPARTMENT: ENGINEERING 07-109 DATE: 7124/07 184-3710-563005-39003 Artificial Reef - Eng. $6,960.00 $0 1 (FROM 184-37 IREASON FOR TRANSFER: TACT PERSON: kRTMENTAL APPROVAL: APPROVAL: INISTRATION APPROVAL: OMB NOTES: INPUT DATE: LINE -TO -LINE TRANSFER M Artificial Reef - Imr). $6,960.00 Establish funding as scheduled for the Board 8114107. Barb Meinhardt PHONE M 1708 INPUT BY: DOCUMENT #: AGENDA REQUEST ITEM NO. CA-1 DATE: August 14, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ADMINISTRATION PRESENTED BY: D G NDERSON SUBJECT: Budget Amendment #07-075 and request for the Board to approve additional funding for Phase I of the St. Lucie County Sheriffs Department recommended Security Improvement Plan in the amount of $2,575.00 for the two additional swipe card accesses to the Commissioners' Offices. BACKGROUND: See attached memo. FUNDS WILL BE MADE AVAILABLE IN: 001-1955-564000-100 (Machinery & Equipment) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board's approval of Budget Amendment 407-075 and transferring $2,575.00 from the General Fund Contingency to the Machinery and Equipment account noted above. COMMISSION ACTION: [ APPROVED [ ] DENIED [ OTHER. - Approved 5-0 County Administrator Coordination/Simatures County Attorney: ✓% Management & Budget: Purchasin Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) _. HAAGENDA REQUESTS\20071P14ASE I SECURITY IMPLEMENTATIONADDrrION.DOC COUNTY ADMINISTRATION •R I D Ar MEMORANDUM 07-103 TO: Board of County Commissioners FROM: Douglas Anderson, County Administrator Date: August 7, 2007 Subject: Additional Funding for the Implementation of Phase I of the St. Lucie County Sheriff's Department Security Improvement Plan. Staff has requested and received a St. Lucie County Sheriff's Security Survey of the County Administrative offices. On April 24, 2007, the Board of County Commissioners approved the implementation of the Phase I of the St. Lucie County Sheriff's Security Survey of the County Administrative offices in the amount of $9,418.00. There were two additional swipe card accesses implemented for the Commissioners' Offices in the amount of $2,575.00. Board approval is requested to transfer $2,575.00 from General Fund Contingency to the Machinery and Equipment Account 001-955-564000-100 to pay for the additional accesses. DMA/j dp BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: ACCOUNT NUMBER TO: 001-1955-564000-100 FROM: 001-9910-599100-800 Information Technology 8/7/2007 8114/2007 ACCOUNT NAME & Equipment REASON FOR BUDGET AMENDMENT: Additional funding required for Phase I of the St. Lucie Improvement Plan. CONTINGENCY BALANCE: $1 THIS AMENDMENT: $ REMAINING BALANCE: $1 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: it.,t BA07-075 riffs AMOUNT FISCAL YEAR 2006-2007 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $120,797 DEPARTMENT ITEM Approved Budget Contingency ACCOUNT # 001-9910-599100-800 AMOUNT $1,000,000 DATE BA07-004 Old Civic Center Parking Lot $25,000 10117/2006 BA07-007 Savannas Emergency Sewer Repairs $11,360 10/17/2006 BA07-008 Harbour Pointe Three -Phase Service $4,099 10/24/2006 Interfund Loan to complete ADA improvements @ Tradition Field Item C11 $479,200 10/24/2006 Line -to -Line Reimbursement Ft Pierce CRA Ref BA07-008 ($4,098) 12/14/2006 BA07-014 New project for Env Resources $22,600 11/14/2006 BA07-023 ADA Review for new Special Needs Facility $1,287 12/19/2006 BA07-024 Internal Loan for Minor League Complex A.C. Replacement @ Tradition Field $100,000 119/2007 BA07-029 Editor for Media $7,966 1/23/2007 BA07-033 For repairs on generators that are being kept at the EOC. $5,000 2/13/2007 BA07-041 Architectural services at St. Lucie County Fairgrounds $20,280 2/20/2007 Line -to -Line Tradition Field Beer Line Replacement $14,556 2/20/2007 BA07-045 Center -Aisle seating package for passenger van. $7,627 3/13/2007 BA07-050 Partial repayment for ADA improvements @ Tradition Field (not used) ($108,172) 3/20/2007 BA07-050 Heathcote Botanical Gardens Match $100,000 3/20/2007 BA07-051 Media Relations to upgrade the SLCTV Production Control Room $22,000 3/23/2007 BA07-056 Info Technology -Phase 1 SLC Sheriff Security Impvmt Plan $9,418 4/24/2007 BA07-055 County Atty - Additional Litigation Services $65,000 5/1/2007 BA07-060 Asbestos siding removal of Parks Division Will Feed Rd Compound $35,000 6/12/2007 BA07-063 To replace IBM Mainframe/Server $55,485 6/26/2007 BA07-066 DEP / 5 Year -Temporary Floating Dock Permit @ Harbour Pointe $2,000 7/24/2007 BA07-070 Increase to Asbestos siding removal of Parks Division Will Feed Rd Compound $3,595 7/24/2007 Total used: $879,203 Balance Available $120,797 Proposed action: BA07-073 Value Adjustment Board - To cover invoices $10,000 8/14/2007 BA07-075 Information Technology - Additional Funding Security Improvement Plan $2,575 8/14/2007 Balance Available After Proposed Action: $108,222 1`2712276 0706)(P �2,17 I Ull� Nature Of Service: Installation Charge Current Charges: 23I26/07 Job Number: 3250322205 Arnounr Amount: S2,575.00 Tax: 10.00 100% Completion ul'Job - TwaiCosi 2,575M Lcss 0.00 Riliud Previously Total Balance Due: $2,575.00 Did you know.. 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S2 5 'I o ans"a timely, accurate application to your accavot, A —I PLEASE INCLUDE THIS STUR WITH YOUR PAYMENT. =256 s, T111 46WNKFYQ P2223052310021094 81 LUCI:: COUNTY 2300 VIAGINIA AVE FOR-r PIERCE, FL 34962-5632 III Hill IM 11 llEanlrliiu, 111, blink T MAIL PAYMENT TO T, AOT SECURITY SERVICES INIC. P-Q, BOX 371987 PITTSBURGH, PA 15250-7-967 0013250322ED005439894600726070002S?EODDD02575008 C6 \..1 N T IF L D R F D A AGENDA REQUEST ITEM NO. RA1 TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/Disaster Recovery DATE: August 14, 2007 REGULAR [X ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Roberta Breene, Grants Resource Developer SUBJECT: Approval or guidance on the last stages of the Hackberry Hammock acquisition project consisting of the: (1) last option agreement for sale and purchase of the current project; (2) submittal of a Boundary Modification Request to Florida Communities Trust to acquire one additional parcel; and (3) submittal of a related funding request to the South Florida Water Management District. BACKGROUND: The Hackberry Hammock project, along Germany Canal Road and adjacent to Paleo Hammock, was approved by the Board in May 2005 and originally included approximately 232 acres. The last parcel (Grimes/Lange) - 20 acres) is under contract and attached for Board approval. To date, 143 acres, acquired, under contract or pending, valued at approximately $3.218M (plus due diligence) will have been acquired in fee or by donation at a total cost to the County of $1.129, plus due diligence. Florida Communities Trust scored and approved this project for funding in 2005 and is now a 39.12% funding partner on any approved purchases that can be completed and allow this project to close with FCT by December 31, 2007. The prices paid for much of the acquisitions to date have been less than anticipated at the time of the award. In addition, two of the parcels designated for acquisition are no longer available. Therefore, of the total FCT funding award ($3,398,061) allocated to this project, approximately $2,633,062 remains unused and available to St. Lucie County for this project for pre -approved parcels. If we cannot use these funds for acquisitions related to this project, the allocation will revert to FCT. However, there is an additional 40-acre parcel (BSA) adjacent to the Hackberry Hammock/Paleo Hammock projects for which we now have received expressions of interest in selling by the owners. FCT has agreed to a Boundary Modification for the Hackberry project that would allow the purchase of this parcel with FCT providing 39.12% funding. This would help square -off our acreage, facilitate future connectivity and would be attached to upland habitat. In addition, Staff has met with a representative of the South Florida Water Management District relative to funding that also may be available to the County for these parcels. SFWMD owns and is acquiring significant acreage in this area as part of the Comprehensive Everglades Restoration Program. Some of these lands are directly adjacent to Hackberry Hammock. Should we be able to secure the SFWMD funding this funding, it would potentially pay 50% of the acquisition costs. With FCT contributing 39.12 %, and SFWMD potentially contributing 50%, the County would be paying only 10.88% of the acquisition costs for a 40-acre parcel. In addition, we plan to ask SFWMD to partner with us on the acquisition of the Grimes/Lange) parcel. Partnering these two funding sources provides a unique opportunity for the County to leverage available funding to acquire property (at 10.88% of the appraised value) that the County had already designated for acquisition and conservation and that SFWMD and FCT each have also an interest in conserving. The parcel sought in the Boundary Modification Request has a roughly estimated value of $1 M, plus due diligence. This equates to $391,200 (39.12%) by FCT, $500,000 (50% by SFWMD and $108,800 (10.88% by the County. FUNDS AVAIL: A 60.88% match is required by FCT. Funding for the parcel in the Boundary Modification Request would be funded 39.12% from FCT, 50% from anticipated funding from South Florida Water Management District and 10.88% by the County from funds available in Account 3823915561000-3116, Environmental Lands Capital Fund. PREVIOUS ACTION: The Board approved acquisition of the Paleo Hammock Natural Area and, on 4/27/04, and approved the submittal of a grant application for Paleo Hammock Addition. These two projects resulted in the acquisition of 438 acres of natural area. The Hackberry Hammock application was approved by the BOCC on May 3, 2005. In addition, a USDA grant has been approved and received to assist with restoration of the earlier Paleo (Teague) parcels). In addition, on October 25, 2005 - Board of County Commission authorized the Chairman to execute and transmit the Grant Contract to Florida Communities Trust; on February 14, 2006 - Board of County Commissioners approved the Contract for Sale and Purchase of the Kelly parcels; on December 5, 2006 - Board of County Commissioners approved the Option Agreement for the donation of a parcel owned by Riverview Developers, LC and Royal Professional Builders, Inc.; and on May 8, 2007 Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Comer parcel. RECOMMENDATION: Staff requests approval or guidance on the last stages of the Hackberry Hammock acquisition project consisting of the (1) last option agreement for sale and purchase of the current project including authorizing the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida; (2) submittal of a Boundary Modification Request to Florida Communities Trust to acquire one additional parcel; and (3) submittal of a related funding request to the South Florida Water Management District. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: RA1 Pulled prior to meeting. County Attorney: Originating Dept: Finance: (copies only): CONCURRENCE• Dou 1 s Anderson County Administrator Coordination/Si atures Mgt & Budget: Purchasing:. Public Works: Other: To: Board of County Commissioners From: Roberta Breene, Grants Resource Developer /,�-46 Date: August 21, 2007 Subject: BOCC Meeting, August 14 2007, Regular Agenda Item RA1 Paleo/Hackberry Hammock — Acquisition and Modification Paleo Hammock Natural Area — Paleo Hackberry Addition Paleo Hammock (99-020-P9A) is a prior FCT 80-acre project, and Paleo Hammock Addition (04-044-FF4) is a prior FCT 358-acre project. This Hackberry Hammock project (05-069-FF5) was to have expanded Paleo Hammock by 232 acres, making a total of 670. The Natural Area project is located in western St. Lucie County with access by Carlton Road and Germany Canal Road. The site is generally described as isolated hydric hammocks within the historic Allapattah Flats ecosystem. The project contains historic Indian mounds and is used by a variety of wading bird species and a number of listed species. Based upon a letter from the Florida Fish and Wildlife Commission, and sightings, a crested caracara (T) is within the project area. According to Rare and Endangered Biota of Florida, the crested caracara's primary habitat in Florida was the native prairie with associated marshes and cabbage palm and cabbage palm live oak hammocks. Restoration of the 40-acre to be acquired by the County will return the areas to primarily wet prairie community with some hydric hammock area. Therefore, the project will benefit the crested caracara by improving and preserving its habitat. A list of other special birds seen in the Hackberry Hammock area includes: Limpkin (SSC), Snowy Egret SSC), Little Blue Heron (SSC), Tri-colored Heron (SSC), White Ibis (SSC), Sandhill Crane (T), Wood Stork (E), Bald Eagle (T), Osprey (SSC) and Snail Kite (E). Red rat snake (SSC) and indigo snake (T) are just two of the other species seen in Hackberry Hammock. Habitat acreage will be increased by 18 acres through the restoration of an old citrus grove. Management will be through a combination of mowing and burning. The Hackberry site will include a hiking trail that connects to the Paleo Hammock trail. Parking, a picnic pavilion and a bird -watching blind are planned for other sections of the acquisition, and two observation platforms will be constructed overlooking a stormwater retention area. Acquisition of the site will add not only to the Paleo Hammock Natural Area, but also to the planned Cypress Creek Greenway. With the recent nearby acquisition of 316 acres by the South Florida Water Management District, only an additional two phases will be necessary to connect the Paleo Hammock area to St. Lucie Pinelands, which is immediately adjacent to Cypress Creek. The purpose of this acquisition and the anticipated benefits to the community are to protect wildlife habitat; to expand a greenway/wildlife corridor; to protect the historic Indian mounds on the site; to provide for educational and passive recreational opportunities; to conserve and restore valuable wetlands necessary to improve water quality of surface and ground waters; and to conserve and restore greater than 100 acres of upland hydric hammock habitat. These parcels include at least two historical Indian mounds that have not yet been listed in the Florida Historical Resources site file and several listed species such as woodstork and the crested caracara. The total original project cost was estimated to be $8,686,250. This FCT grant awarded funding reimbursement in the amount of $3,398,061 (39.12%). St. Lucie County's match of $5,288,189 (60.88%) was to be funded through the value of donated land and a donated conservation easement by Riverview Developers LC Royal Professional Builders Inc. The conservation easement is expected to be received but was not able to be used as match. The County therefore has committed $1.29M to date plus due diligence, including the attached Grimes/Lange) option agreement for sale and purchase. The original Hackberry Hammock project included approximately 232 acres foracquisition: 15-acre combined Kelly parcels; 20-acre Comer parcel; 18 acres in fee and approximately 142 acres in conservation easement donated by Riverview Developers LC; the pending 20-acre Grimes/Lange) parcel and 16-acre combined parcels that are no longer available. (Note that the conservation easement acreage has been reduced but is not yet finalized.) The Boundary Modification adds one 40-acre parcel currently owned by BSA Associates Lc. The parcel is directly to the west of Paleo Hammock and directly east of the Grimes/Langel parcel. This Boundary Modification is particularly attractive at this time due to potential funding of 50% from the South Florida Water Management District. In addition to SFWMD's interest in conserving land in this area, one of the reasons that these SFWMD funds may be available to the County is that a 135-acre parcel (Teague) in the vicinity and also adjacent to the Paleo/Hackberry project has already approved for 50% acquisition funding by St. Lucie River Issues Team to another applicant. Following allocation of the award, the applicant was unable to come up with the match. Partnering this potential 50% match with a potential 39.12% match from FCT provides a unique opportunity for the County to leverage the funds available to acquire property (at 10.88% of the appraised value) that the County had already designated for conservation and that SFWMD and FCT also each have an interest in restoring and conserving. We anticipate that SFWMD may allow theses funds to be used for 50% of the BSA addition, but also may consider allocating 50% funding to the Grimes/Langel parcel. The 40-acre parcel included in the proposed Boundary Modification Request was on the agenda for the Environmental Land Acquisition Selection Committee on June 28, 2007. Although those present expressed positive interest in the parcel, due to the lack of a quorum, no vote was taken on the parcel. As indicated, the proposed acquisitions are connected not only to the over 650 acres owned by St, Lucie County in the area, but also to Cypress Creek Natural Storage and Water Quality Area of the Comprehensive Everglades Restoration Program (CERP). The SFWMD has acquired thousands of acres in this area as part of the CERP. These parcels are no isolated pockets but part of a very large greenway and environmental conservation area, which markedly adds to the environmental viability and importance of the lands. Numerous wildlife species cannot survive in small isolated lands due to their need for significantly larger feeding habitat. Likewise, many ecosystems are unable to function adequately in small isolated areas due to biodiversity interrelationships needed for sustainability. The connectivity of the proposed acquisitions is therefore a significant factor in allocations by funding agencies. The acquisition will further a major greenway in the western County. The site also has been identified by Dr. Joan Morrison of the University of Florida (who wrote the crested caracara management plan) for the Florida Fish and Wildlife Conservation Commission as one of only three gathering areas for juvenile caracara. The crested caracara is listed as a threatened species in Florida. Caracara, in the age range of 1-3 years, congregate together in "gathering areas" before choosing a mate. They then mate for life. This site is therefore important to the statewide management of the caracara. The majority of the site historically has been wet prairie. Wet prairie is a rapidly declining natural community due to its conversion to pastureland and development. Of the more than 6,000 acres acquired through the Environmentally Sensitive Lands Program, the previously acquired 300-acre Teague site, which is part of this acquisition area, is the only site within that inventory that when restored will stand as and independent wet prairie community. The proposed acquisition will add to that community. The Florida Natural Area Inventory (FNAI) has identified wet prairie as a community commonly favored by the crested caracara. A grant has been received from the USDA Wetland Reserve Community to restore the Teague site to a wet prairie community. The proposed acquisition parcels will qualify for funding from the same grant source. N N 45 � � 0 3 a, n 's m O d .� O m o m co � rn j Q 'o to a 3 H ` d U Z U a� f� du I I 1•Twa` U�oaf o' 1 QJ C CJ N J �n O � oO on O 0 0 o a of oc o� oar � S p0 8 O N O O LL J o O 0 0 O > oo; q�M oNM U a'jo N cOU n WNNP� oVtR0 3'r? 3"' 3o mrNi 3v Q t0 [t] N C.) �O� W0 LION (AON 20 O ^�J I� FI uT a 1 0 N H C 01 Q 1f 9 021'ItlNV�ANVWa3J—. ....., ft � MM i 0 0 m m H D Q °D N c CO Lo N 0 o I? L M IL a a to 110 C O � U Q O ,e E U U E E E x A m Z a O O U IC m c0 a a x N Cl) GI N (D N N N f0 f0 f6 L L L d a a 01 a 0 Y � 7 � f0 U It N U P8 uo1ljeo 0 U) -a c m a) c d m leue� uew�a� JM N N l0 L a s r 5 Southeast Appraisal Group James I. Miller, MAI, SRANA Real Estate Appraiser - Litigation - Economist e-mail: seapgrp@aol.com February 3, 2006 Ms. Caroline C. Sutton, Community Program Administrator Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Appraisal Review FCT Project No. FCT Project Name: County Location: FCT Grant Recipient: Dear Ms. Sutton: 05-069-FF5 Hackberry Hammock St. Lucie County St. Lucie County Enclosed herewith please find the review of the appraisal reports on two (2) parcels within the Hackberry Hammock Project as outlined above. Parcel 1 is owned by Alexandra Z. Comer and Parcel 2 is owned by Timothy K. Grimes and John V. Langel. There are two (2) appraisals on these properties prepared by Daniel K. Deighan, MAI and Daniel D. Fuller, MAI. The appraisal reports have been reviewed based on the Florida Communities Trust Appraisal Guidelines and the Uniform Standards of Professional Appraisal Practice. The appraisals were complete, self-contained appraisal reports prepared under the single parcel format. The appraisal reports conform to the Uniform Standards of Professional Appraisal Practice for Real Estate Appraisals and are hereby approved. The appraisals prepared on this property are well done. Parcel 1 is owned by Alexandra Z. Comer and contains about 20.02 gross acres.. Parcel 2 is owned by Timothy K. Grimes and John V. Langel and contains about 20.01 gross acres. The appraisals on these properties reflect a small divergency in value ranging from 2% to 61/16 respectively for Parcels 1 and 2. As outlined in the attached review appraisal memorandum the purpose of this assignment is to review the appraisals on Parcel 1 owned by Alexandra Z. Comer and Parcel 2 owned by Timothy K. Grimes and John V. Lange[ within the Hackberry Hammock Project as outlined in the following review. The appraisals were obtained to estimate the value of the properties described in the following review which are to be acquired by St. Lucie County as the Grant Recipient. 348 South Lakeside Drive, Satellite Bch., FL 32937 - (321) 777-1446 - Fax: (321) 773-2796 - Mobile: (321) 759-5706 Ms. Caroline C. Sutton, Community Program administrator Florida Communities Trust February 3, 2006 Page Two The properties are located on the southeast side of Germany Canal Road, south of State Road 70 (Okeechobee Road) and west of Carlton Road in western St. Lucie County. The properties are located in a rural area of western St. Lucie County which has seen heavy demand for residential tracts. The property is zoned for low density residential development. Enclosed herewith please find the completed review appraisal package including Certificate of Value, Narrative Review, Corrections to the Appraisals and Correspondence. One copy of the appraisals will be retained in my file. The appraisal reports are deemed acceptable based on the corrections received from the appraisers. The Maximum Approved Purchase Price outlined in Rule 9K-8.007(5) F.A.C. follows: Parcel 1: Comer 20.02 Acres $540,000 Parcel 2: Grimes/Lange) 20.01 Acres $540,000 If you have any questions, or need any additional information, please do not hesitate to contact me. Respectfully submitted, Southeast Apprai I Group Ja es I. iller, , AI, SR/WA St to Certi ied General Real Estate Appraiser Flor C ificate Number 0000122 have no contributory value. HIGHEST AND BEST USE The Highest And Best Use of the subject property "as if vacant" is based on its.location in western St. Lucie County. The property is surrounded by rural residential uses including pasture, ranchettes and former citrus groves. The area has been expanding in its residential development at a low density of one residence to five acres. This is typical throughout the area. The property contains a total of about 20.01 gross acres and 18.84 net acres. The property could be developed with one residence or possibly up to four residences if further subdivision is permitted. A proposed plan would have to be presented to St. Lucie County to determine the development allowed on this property. Under the current land use and zoning the property could support up to four residential tracts. Therefore, the highest and best use "as if vacant" is to develop with from one to four residential tracts. This is a reasonable estimate of the highest and best use reached by the appraisers. VALUATION ANALYSIS The subject property is a 20.01 gross acre tract with about 18.84 net acres. The property is within one tax parcel. The property contains about 10% hammocks scattered throughout the property. The property is valued as a single parcel. This is based on its highest and best use for development with from one to four residential tracts. The property is vacant containing only minor agricultural improvements. The value of the property is estimated based on its low density highest and best use. Based on the highest and best use of the property "as if vacant" for low density residential development the appraisers have relied on the sales comparison approach to land value. This approach is based on recent sales and contracts for comparable vacant sites with a similar highest and best use for low density residential development. These sales were compared to the subject property to estimate the value of the property as if available for residential use. Valuation By Daniel D. Fuller, MAI Mr. Fuller has considered the most recent market information and compared it to the subject property based on its residential highest and best use. The appraiser considered a total of five (5) comparable sales in the area of this property in estimating the current land value. In addition the appraiser considered the current listing of the subject property and two (2) listings in the current market. - 19 - FULLER-ARMFIELD-WAGNER Appraisal & Research, Inc Daniel D. Fuller, MAI, SRA 120 N. Second St. Phone (772) 468-0787 St. Cert. Gen. REA RZ567 Ft. Pierce, Fl, 34950 1-800-273-7364 FAW_app@bellsouth.net Fax (772) 468-1103 December 22, 2005 St. Lucie County Board of County Commissioners c/o Ms. Joann Riley, Property Acquisitions Manager 2300 Virginia Ave. Ft. Pierce, FL 34982 RE: "Hackberry Hammock" FCT Project # 05-069-FF5, Parcel "G", Grimes/Langel property. Dear Ms. Riley: As requested, I have inspected the referenced property and I have analyzed the subject property's market segment. My inspection and analysis is to provide you my opinion of the Market Value of the Fee Simple Interest in the referenced property, as of October 18, 2005, the date of my site inspection. Per your request, the appraisal is a Complete assignment as defined in the Uniform Standards of Professional Appraisal Practice (USPAP), presented in a Self - Contained report format. The appraisal and report is subject to Limiting Conditions, Extraordinary Assumptions, and Certificate of Appraisal included within this report. Based on the analyses presented in this report, the following is my opinion; Market Value, Fee Simple Interest, as of October 18, 2005, is: $540,000 I believe you will find my appraisal and this report complete, but questions exist, please contact me. DanielD,/Fuller, MAI St. Cert. Gen. REA 567 DDF/asf #18321 Grimes/Lange) s0 HIGHEST AND BEST USE (continued) However, except for the Carlton Country Estates subdivision located on Ideal Holding Road, and a few small platted subdivisions of ranchette acreage tracts, I am unaware of any platting of large scale projects in the neighborhood with a inventory of 5 acre tracts, although some owners have such plats in the planning process. Because there is a lack of inventory in the lower price range interest remains in properties in the subject's size range regardless of costs, but not a strong as say 18 months ago. Therefore, it is expected that if the subject is placed on the market the subject can be marketed in a reasonably short time period at prices higher than found in the recent past but not at the current asking price levels. The end use, in my opinion, will be residential as the residential market will command a higher price than a agricultural use, especially in the subject's case. with easement access: Thus the financially feasible and maximally productive use, in my opinion,. is developing the subject with one residential ranchette use. Conclusion of Highest and Best Use - As if Vacant In summary, the subject can physically support a small scale agricultural use and/or a residential use. Legally the subject can be developed with a agricultural and/or a residential use, most likely restricted to one residential ranchette site. A financially feasible use can be in the agricultural and/or residential markets. However, in my opinion the maximally productive use is one residential ranchette site. Therefore, it is my opinion the highest and best use of the subject is one residential ranchette site. FULLER-AR.MFIELD-WAGNER DEIGHAN CONSULTANTS 506 Colorado Avenue Stuart, FL 34994 PHONE: (772) 221-3650 deighan@bellsouth.net FAX: (772) 221-3649 LETTER OF TRANSMITTAL I November 10, 2005 Ms. JoAnn Riley, Property Acquisition Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Complete Appraisal, Self -Contained Report Grimes/Langel Parcel Hackberry Hammock FCT Project Number 05-069-FF5 St. Lucie County, Florida Our File #DID-2005-055 Dear Ms. Riley: At the request of St. Lucie County, I have undertaken an appraisal of the market value of the fee simple estate for the above -cited property. To that end, I have inspected the subject property, its economic environment and surrounding neighborhood, considered and inspected sales and offers of similar properties, and studied all factors pertinent to the market value of the fee simple estate as of the effective date of value — October 18, 2005. The purpose of our investigation and analyses has been to develop an opinion of the Market Value of the Fee Simple Estate of the subject parcel, "as is", as of October 18, 2005. The function of this appraisal is for your use in decision -making relative to a fair offering price for the subject properly. This format represents a complete appraisal, self-contained report of the property, subject to the guidelines and requirements promulgated by the Uniform Appraisal Standards for the Board of Trustees Land Acquisitions. and Supplemental Appraisal Standards appertaining thereto. This format and the procedures followed by the appraiser are intended to conform to the Standards of Professional Practice and Guidelines of the Appraisal Institute for self-contained reports [2-2(a)]. Based on all pertinent information, the investigation, and analyses, as of October 18, 2005, we have concluded that the subject property would have had the following market value of the fee simple title: Market Value of the Fee Simple Estate "As Is": $510,000 The preceding statement of value is predicate upon any and all assumptions and limiting conditions contained within this appraisal report. Existing Mineral Deposits: None known. Existing Salable Timber: None. Existing Leases/Rentals/Use Agreements: No leases, rentals or use agreements have been identified. Flood Plain: Zone X, Map Panel 412111C 025OF — this is described in the Addenda, and has no effect upon the subject parcel Environmental: We have noted no overt signs of contamination having occurred or occurring upon the subject tract. Please refer to the Assumptions and Limiting Conditions in this regard. No Phase I Environmental Site Assessments have been prepared for or made available to the appraiser for this appraisal of the subject properties. Functional Adequacy of the Site: The shape and size of the site will not limit its residential developability. There is adequate frontage on the access road to accommodate the allowable 4 units. None. The fencing around the property is typical for agricultural parcels in this area. HIGHEST AND BEST USE ANALYSIS it Highest and best use is defined in the Addenda. Our conclusions as to highest and best use for the subject properties are based on the following criteria which summarize the four tests inherent in Highest and Best Use analyses: 1. Legal uses . 2. Physically possible uses 3. Financially feasible uses 4. Maximally productive uses Highest and Best Use As Vacant: Residential Development Highest and Best Use As Improved: N/A Reasonine: 1] The highest and best use concluded and identified above is legally permissible, based upon the land use and zoning. 2] The subject is large enough and of appropriate shape to accommodate a maximum of about 4 units under its land use designation. On October 7, 2003 the Board of County Commissioners approved a change in Land Use Regulations that allows communities of up to 8 units to be built without underground utilities, up from 4 units. This means central water and sewer does not have to be brought to the site in order to maximize the number of units that can be built. Topographically, the site is generally pasture land with trees in the southern one-third and along the northern boundary. These trees would be an asset to the property when developed. 31 The subject is concurrent in terms of water and sewer availability, due to the aforementioned change in Land Use Regulations. The parcel has access via a dirt easement from Germany Canal Road. Therefore, it has road frontage. A typical buyer would be someone wanting to build a residence on the entire property or subdivide into 5-acre tracts. 24 Project: Hackberry Hammock Project Number: 05-069-FF5 Parcel: Grimes/Langel Contract Number: Property Tax I.D. Number: 3229-341-0001-000/7 OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this W:& day of _tlLi 2007, between TIMOTHY K. GRIMES and JOHN V. LANGEL, whose address is 2529 North Indian River Drive, FbA Pierce, Florida 34946, and the FLORIDA COMMUNITIES TRUST, a non -regulatory agency within the Department of Community Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, and ST. LUCIE COUNTY, a political subdivision within the State of Florida, ("Local Government"), whose address is in care of Ms. JoAnn Riley, 2300 Virginia Avenue, Fort Pierce, Florida 34982. Acquiring Agency and Local Government will be collectively referred to as ("Purchaser"). 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in St. Lucie County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to Seller. 2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the form of a state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement and the Acquiring Agency's governing body granting project plan approval in accordance with Rule 9K-8.011, Florida Administrative Code, and ending on November 30, 2007 ("Option Expiration Date"), unless extended by other provisions of this Agreement. In the event Acquiring Agency's Purchase Price (as hereinafter defined in paragraph 3.A) or Local Government's Purchase Price (as hereinafter defined in paragraph 3.A) are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is FIVE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($540,000.00), which, after reduction by the amount of the Option Payment, will be paid by Acquiring Agency and Local Government at closing to Seller or Seller's designated agent who meets the requirements of Section 253.025, Florida Statutes, in the manner set forth herein. The Total Purchase Price shall be paid to Seller as follows: Acquiring Agency shall pay the lesser of $211,248.00 or 39.12% of the final adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. ("Acquiring Agency's Purchase Price"), which after reduction by Acquiring Agency of the Option Payment, will be paid to Seller by state warrant at closing; and Local Government shall pay $328,752,00 or the balance of the final adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. ("Local Government's Purchase Price"). The Total Purchase Price is subject to adjustment in accordance with paragraph 3.B. The determination of the final Total Purchase Price can only be made after the completion and approval of the survey required in paragraph 5. This Total Purchase Price presumes that the Property contains at least 20.01 total acres, to be confirmed by the Survey as provided in Paragraph 5. This Agreement is contingent upon approval of the Total Purchase Price, Acquiring Agency's Purchase Price, and Local Government's Purchase Price by Purchaser and upon confirmation that the Acquiring Agency Purchase Price is not in excess of the final Acquiring Agency's maximum approved purchase price of the Property as determined in accordance with Rule 9K-8.007, Florida Administrative Code ("Maximum Approved Purchase Price"). This Agreement is also contingent upon Local Government's funds for closing being available at closing and upon Local Government giving written notice to Acquiring Agency, prior to the exercise of the option, that these funds are available to close Grimes/Langel FCT No.: 05-069-FF5 7/10/2007 Page 1 in accordance with this Agreement. If such notification is not accomplished, Acquiring Agency may in its sole discretion declare this Agreement void and of no further force and effect as of that date. Local Government's funds are the sole responsibility of the Local Government. Seller shall have no recourse whatsoever, at law or equity, against Acquiring Agency or the Property as a result of any matter arising at any time whether before or after fee simple title is conveyed to Local Government, relating to Local Government's funds, Acquiring Agency shall have no obligation under this Agreement to provide any portion of Local Government's funds. Acquiring Agency's funds necessary to close are the sole responsibility of Acquiring Agency. Seller shall have no recourse whatsoever, at law or equity, against Local Government or the Property as a result of any matter arising at any time, whether before or after fee simple title is conveyed to Local Government, relating to Acquiring Agency's funds. Local Government shall have no obligation under this Agreement to provide any portion of Acquiring Agency's funds. Should Local Government's funds or Acquiring Agency's funds not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party. Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the Property at the closing notwithstanding that Acquiring Agency and Local Government are required to pay all of the Total Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will take place at the closing, in exchange for the payments to be made by Acquiring Agency and Local Government to Seller at closing as set forth above in this paragraph 3.A. 3.13. ADJUSTMENT OF TOTAL PURCHASE PRICE. If, prior to closing, Acquiring Agency determines that the Acquiring Agency Purchase Price stated in paragraph 3.A. exceeds the final Acquiring Agency Maximum Approved Purchase Price of the Property, the Acquiring Agency Purchase Price will be reduced to the final Acquiring Agency Maximum Approved Purchase Price of the Property. Upon determination of the final Acquiring Agency Maximum Approved Purchase Price, the Acquiring Agency's Purchase Price and Local Government's Purchase Price will be determined and adjusted in accordance with paragraph 3.A. If the final adjusted Total Purchase Price is less than 95% of the Total Purchase Price stated in paragraph 3.A. because of a reduction in the Acquiring Agency Maximum Approved Purchase Price of the Property, Seller shall, in his sole discretion, have the right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Seller elects to terminate this Agreement, Seller shall provide written notice to Acquiring Agency and Local Government of his election to terminate this Agreement within 10 days after Seller's receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price. In the event Seller fails to give Acquiring Agency and Local Government a written notice of termination within the aforesaid time period from receipt of Acquiring Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in paragraph 3.A. 4.A. ENVIRONMENTAL SITE ASSESSMENT. Local Government shall, at its sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials ("ASTM"). Local Government shall use the services of competent, professional consultants with expertise in the environmental site assessing process to determine the existence and extent, if any, of Hazardous Materials on the Property. The examination of hazardous materials contamination shall be performed to the standard of practice of the ASTM. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 4.B.). The environmental site assessment shall be certified to Purchaser and the date of certification shall be within 90 days before the date of closing. 4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment provided for in paragraph 4.A. confirms the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate Grimes/Langel FCT No.: 05-069-FF5 7/ 10/2007 Page 2 this Agreement, Seller shall, at his sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 5% of the Total Purchase Price as stated in paragraph 3.A., Seller may elect to terminate this Agreement and no party shall have any further obligations under this Agreement. 5. SURVEY. Local Government shall, at its sole cost and expense and not less than 35 days prior to the Option Expiration Date, furnish a current boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey"). It is Local Government's responsibility to ensure that the surveyor contacts the Acquiring Agency regarding these standards and requirements prior to the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. 6. TITLE INSURANCE. Local Government shall, at its sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, approved by the Acquiring Agency, insuring marketable title of Local Government to the Property in the amount of the Total Purchase Price. Local Government shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. 7. DEFECTS M TITLE. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, not including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase Price by an amount determined by Acquiring Agency, (b) accept the title as it then is with no reduction in the Total Purchase Price, (c) extend the amount of time that Seller has to cure the defects in title, or (d) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be ST. LUCIE COUNTY, a political subdivision within the State of Florida. 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and 380.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8. of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date. Grimes/Langel FCT No.: 05-069-FF5 7/10/2007 Page 3 10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be provided by Seller under this Agreement within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11. EXPENSES. Local Government will pay the documentary revenue stamp tax and all other taxes or costs associated with'the conveyance, including the cost of recording the deed described in paragraph 8. of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local Government acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to cleanup and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Local Government prior to the exercise of the option by Purchaser. 15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Local Government at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reason- able attorney's fees and costs. 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement Grimes/Langel FCT No.: 05-069-FF5 7/10/2007 Page 4 required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. In the event Purchaser defaults under this Agreement and this transaction does not close, Purchaser will execute and deliver a quit claim deed to Seller which releases all Purchaser=s interest in the Property. 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILTTY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WAIVER. Failure of Purchaser to insist upon strict performance of any covenant orcondition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 29, SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Local Government's possession of the Property. THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLER AS AN OFFER. IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE JULY 31, 2007, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER. THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, TOTAL PURCHASE PRICE, ACQUIRING AGENCY=S PURCHASE PRICE, AND LOCAL GOVERNMENT=S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K-8.011, Grimes/Langel FCT No.: 05-069-FF5 7/ 10/2007 Page 5 FLORIDA ADMINISTRATIVE CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. SELLER -&'� -�Ii���- Witness Witness as to Local Government Witness as to Local Government Approved as to Form and Legality for Local Government Rv- Date: Grimes/Langel FCT No.: 05-069-FF5 7/10/2007 TIMOTHY K. I;RIME$and JOHN V. LANGEL Timothy K. ,/Social Security Number SS q3 -1 t' 170 q a v JohnA. Lange] VSoical Security Number _ '�-6 9 -4G- FS%J Date signed by Seller 46 l0 PURCHASER LOCAL GOVERNMENT ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Name Print/Type Its: Date signed by Local Government Page 6 Witness as to Acquiring Agency Witness as to Acquiring Agency Approved as to Form and Legality By: Trust Counsel Date: STATE OF FLORIDA PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST Janice Browning, Director, Division of Housing and Community Development Date signed by Acquiring Agency COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 1 LP day of U, 2007 by Timothy K.Grimes, who is personally known to me or who has produced a driver license issued within the last five years as identification. (NOTARY PUBLIC) SEAL usN�44LL ° CowEomMir13,2010 We Comm # DD 527727 °f •yd •� Bonded By National N AM. (Printed, Typed or Stamped Name of Notary Public) Commission No.: !- 7 My Commission Expires: � 200 STATE OF FLORIDA COUNTY OF ST. LUCIE / The foregoing instrument was acknowledged before me this, day of JLA 1_, 2007 by John V. Langel, who is personally known to me or who has produced a driver license issued within the 14st five years as identification. (NOTARY PUBLIC) SEAL o ary Public „Y, 1 ASF1pNDA REESE FALL (Printed, Typed or Stamped Name of Notary Public) r'=°:� �;�:Nowy of FbW8 P132ot0 Commission No.: Cem,1isslon A DO 527727 My Commission Expires: ID 41,;7X Bonded By National NW y Assn. Grimes/Langel FCT No.: 05-069-FF5 7/10/2007 Page 7 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2007, by as of St. Lucie County, a political subdivision within the State of Florida, on behalf of the Local Government, and is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 2007, by Janice Browning, Director, Division of Housing and Community Development, on behalf of the Acquiring Agency. She is personally known to me. (NOTARY PUBLIC) SEAL Grimes/Langel FCT No.: 05-069-FF5 7/10/2007 Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: Page 8 EXHIBIT "A" Legal Description Situate and lying in County of St. Lucie, State of Florida, and described as follows: Lot 6: From the North 1/4 corner of Section 29, Town hip 36 South, Ran�eI38 East, St. Lucie County, Florida, run South 00022'25" East, 3530Z1 feet along the 1 4 Section line to &d point of Beginning; from the Point of Beginning continue South 00022125" East, 1743 7 feet to the South /4 corner of said Section; thence South 89059'54" Nest, along the South Section line, 5 0.00 feet; thence r4o4th 00°22'25" West, 1743.27 feet; thence North 89059'54" East 500.00 feet to the Point of eoinning. Final legal description to be determined by survey pursuant to Paragraph 5. Grimes/Langel FCT No.: 05-069-FF5 7/ 10/2007 Page 9 ADDENDUM DISCLOSURE STATEMENT (INDIVIDUAL) The following Disclosure Statement is given in compliance with Sections 375.031(1) and 380.08(2), Florida Statutes. The Seller states as follows: 1) That to the best of the Seller's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions,attorne 's or consultant's fees or an other fees or other benefits incident to the sale of the Property are: Name Address Reason for Payment Ant 63i3 �� s l-1wca, �rArVI c►d,�.r 2) That to the best of the Seller's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of Seller) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to St. Lucie County, a political subdivision within the State of Florida: Name and Address Date of Parties Involved — Y'\ '3/1 Ices' gcnoca S -US L3 FLORIDA COMMUNITIES TRUST APPROVED AS TO FORM & LEGALITY By: Date: BENEINTITCT Revised 11/23/93 Grimes/Langel FCT No.: 05-069-FF5 7/ 10/2007 Page 10 J Type of Transaction Q1.01Q. JGruuCS 4/ . Langel Amount of Transaction