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Home My WebLink AboutAgenda Packet 04-09-02 APRIL 9,2002 9:00_AM BOARD OF COUNTY corvrrvIIssIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA, These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission vvill discuss individually usually in the order listed on the agenda, PUBLIC HE-\RINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings ""ill 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 \vill open each public hearing and asks anyone \\ishing to speak to come forward, one at a time. Comments \Nil! be limited to five minutes, As a general rule, when issues are scheduled before the Commission under department request or public hearing. the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board, ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGESD,-\ ITEMS, These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC Cm!\IENT' Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes., DECORUM- Please be respectful of others opinion. MEETINGS- .--IJl Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. \!eetings 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. Anyone vvith a disability requiring accommodation to attend this ¡11eeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462,1428 at least forty-eight(48) hours prior to the meeting. VVìNVV. stlu ci eco.g OV John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA April 9,2002 9:00 A.IVl. INVOCATION PLEDGE OF ALLEGL-\:'\CE N 1. MINUTES Approve the minutes of the meeting held April 2, 2002. 2. PROCL-\:\IATlONS / PRESENTATIONS There are no proclamations or presentations. 3. GENER.-\L PUBLIC COMMENT - '-{'r\<I' s;.ÍA.. - i.A{"";' / 10 o~~) C,A-...L s l..V--. 4. CONSE\JT .-\GENDA - PUBLIC HEARINGS SA. There are no public hearings scheduled for April 9, 2002. End of Public Hearings ~ 3mí!1LT j", [ .~T' r ~:'¥f" _%^,"~""tiLWhU~,Ul L 6. COUNTY ATTORNEY -- ! Permission to Advertise / Contract Extension - Consider staff recommendation to grant permission to advertise a Request for Proposals (RFP) for legal representation of indigents, and extend the current contract for a period of two months to allow the County to complete the RFP process. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarâ at these meetings will need a record of the proceedmgs and for such purpose may neeô 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. Anv party to the proceedings will be granted the opportunity to cross-examine any individual testifying during åhearing upon request. Anyone witli a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-€ight(48) hours prior fo the meeting. REGULAR AGENDA i\.PRlL 9, 2002 PAGE HVO 7. COMMT.JNITY DEVELOPMENT Selection of a Consultant for all 2002 Community Development Block Grant Programs - Pursuant to state requirements outlined in the Small Cities Community Development Block Grant Program, the RFP and the St. Lucie County Purchasing Manual, staff recommends that the Board of County Commissioners rank the two firms, selecting the firm with the lowest score. 8. ADMINISTRATlON Bi-weekly Committee Reports - The Board vvill provide committee and advisory board updates. CONSENT AGE\DA April 9, 200:) 1. WARRANTS LIST Approve warrants list No. 21 2. PUBLIC WORKS A. Bid Waiver and Sole Source Purchase / Asphalt Millings - Consider staff recommendation to approve the bid waiver and sole source procurement for the purchase from Ranger Construction Industries, Inc. at the rate of $7.50 per ton. B. Resolution No. 02-6S - Consider staff recommendation to adopt the resolution establishing a No Passing Zone on Oleander Avenue from 1340 feet north to Coral Street to Anita Street for northbound and southbound traffic. C. Resolution No. 02-1 --l - Consider staff recommendation to adopt the resolution establishing a speed limit of 40 mph from Glades Cut-Off to Midway Road on SeI\itz Road for northbound and southbound traffic. D. Traffic Barrier and Guardrails at Box Culvert for Shinn Road at Canal No. 58 Project- Consider staff recommendation to approve Change Order NO.1 and Final in the amount of S 1 ,040. 50; accept the project; release retainage in the amount of $5,343.S5 and make final payment in the amount of 553,--135.50 to CEM Enterprises, lnc. E. Goldsmith Road and Header Canal No. 59 Sheet Pile Installation and Embankment Improvements - Consider staff recommendation to approve the Interlocal Agreement with NSLRWCD for transfer of FEMA grant funds in the amount of S16,ï35 to be used for construction, and authorize the Chairman to sign the agreement. 3. PURCHASING A. Bid No. 02-050 / Legal Arts Building Demolition - Consider staff recommendation to award the bid to the low bidder, L.E.B. Demolition in the total of S13,450, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Permission to Ad,'ertise a Request for Proposals (RFP) for Appraisal of County Parcels - Consider staff recommendation to grant permission to advertise the RFP, C. Budget Amendment \'0.02-130/ Equipment Request No. 02-213 - Consider staff recommendation to apprm'e the budget amendment, equipment request, and request for a bid waiver and sole source purchase from New Waste Concepts, for the purchase of Con Cover intermediate waste cover at a unit cost of $79.50 per 1000 square foot and a Caps 900 applicator at a cost of 540,411.20 for the St. Lucie County Solid Waste Baling and Recycling Facility. CONSENT AGENDA APRlL 9, 2002 PAGE TWO 3. PURCHASING (CONTINUED) -. rn. . ~c1 ~. )-, l,.,'\A.. ~~¡ d l.L)~Lí2.oYL \ltdr~"'+~) D. Bid Waiver and Approval of Agreements with Florida Property Consultants Group - Consider staff recommendation to approve the bid waver and agreements in the amount of $34,200 and $32,500, and authorize the Chairman to sign the agreements as prepared by the County Attorney. ~ 4. MANAGEMENT AND BUDGET A Budget Resolution No. 02-100/ USDOJ 2002 State Criminal Alien Assistance Program (SCAI\P) Grant - Consider staff recommendation to approve the budget resolution, accept the grant award, and authorize the County Administrator to sign the on-line acceptance form. Budget Resolution No. 02-102 / West First Street MSBU - Consider staff recommendation to adopt the budget resolution establishing the budget for the MSBU. 5. SHERIFF'S OFFICE 2002 Bulletproof Vest (BVP) Grant Consider staff recommendation to approve electronic submission of the grant application, and authorize the County Administrator to sign the application. 6. COUNTY ATTORNEY A Courthouse Concession Agreement with Thompson Coffee Co., Inc. - Consider staff recommendation to find Thompson Coffee Co., Inc. to be in default under it's January 2,2001 agreement with the County, terminate the agreement, and retain the full amount of the security deposit. B. Criminal Case Management System / Agreement with Clerk for OBTS Electronic Transmission Project Grant - Consider staff recommendation to approve the proposed interlocal agreement with the Clerk, and authorize the Chairman to sign the agreement. I. COMMUNlTY DEVELOPI\IENT A Tourism / Simple Success Marketing Advertising Invoices - Consider staff recommendation to approve payment of the invoices for the month of March in the amount of $3,077.70. CONSENT AGENDA APRIL 9, 2002 PAGE THREE 7. COMMUNITY DEVELOPMENT (CONTINUED) B. Land Acquisition Selection Committee Finance Subcommittee - Consider the recommendation of the Land Acquisition Selection Committee to appoint the following members to the Finance Subcommittee: Cliff Barnes St. Lucie County Commission Dr. Ed Novak Homeowners Association E.I-!. Klueppelberg, Jr. SLC Chamber of Commerce Rob Johnson St. Lucie County Farm Bureau Butch Terpening At-Large Engineer 8. INVESTMENT FOR THE FUTURE Equipment Request No. 02-212 / Budget Amendment No. 02-127 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of a 20' x 8' x 8'6" metal container in the amount of $1,700 for use at the Rasmussen House. 9. COMMUNITY SERVICES U.S. Department of Justice Violence Against ì\'omen Office (VAWO) Grant under the Safe Havens: Supervised Visitation Safe E'(change Program (Supervised Visitation Program) on Behalf of Exchange Club Castle Grant - Consider staff recommendation to approve the submission of the grant and authorize the Chairman to sign all documents necessary for the grant. 10. CENTRAL SERVICES Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program (FBIP) / Resolution No. 02-10l - Consider staff recommendation to grant permission to submit the application for funds to construct a restroom at the Ft. Pierce Inlet Boat Ramp Facility (Little Jim Bridge), and approve the resolution authorizing the project manager to administer the grant on behalf of the Board. St. Lucie County Board of County Commissioners Announcements April 9, 2002 A. There will be a public meeting on the Community Parks System Master Plan/Referendum on April 23,2002 at 1:30 pm in the Commission Chambers B. There will be a public meeting on the Community Parks System Master Plan/Referendum on June 11, 2002 at 1:30 pm in the Commission Chambers. C. The 2002/2003 Budget Overview will be held on July 9, 2002 at 2:00 pm in Room 101. D. The June 11, 2002 Board of County Commissioners Meeting has been cancelled. E. The May 7, 2002 Board of County Commissioners Meeting will begin at 6:00 PM, with the Airport Master Plan from 6:00 pm to 7:00 pm. F. The Treasure Coast Community Action Agency 'will meet on April 18, 2002 at 2:00 pm in the Community Services Conference Room, 437 North 7'h Street, Fort Pierce, FL G. The Board of County Commissioners will hold a Sludge Disposal Workshop on May 14, 2002, in Conference Room 3, immediately following the Board of County Commissioners meeting. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn in, Any party to the proceedings will be granted the opportunity to cross~examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Manager at (561) 462- 1777 or TTD (561) 462,1428 at least forty'eight (48) hours prior to the meeting. APRIL 9, 2002 9:00 _AM BOARD OF COUNTY cOMrvnssloNERS l'vlEETING AGENDA vVELCOlvíE GENERA.l 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 ITEMS, Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 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 ""ill open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments \\ill be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION, Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. ]'lON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC CO¡v!MENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM, Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.?>!. and on the second and fourth Tuesdays at 9:00 A.ì\L, 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Luòe County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. Ww\v.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGL'\DA April 9, 2002 9:00 A.M. INVOCATION PLEDGE OF ALLEGIAi"\JCE 1. MINUTES Approve the minutes of the meeting held April 2, 2002. 2. PROCLAMATIONS / PRESENTATIO:\S There are no proclamations or presentations. 3. GENER_A.L PUBLIC COMMENT 4. CONSENT AGENDA I¥&J ~-=A""" ~:wm:~¡;w ~ ~..~,. 'm:M - PUBLIC HEARINGS SA. There are no public hearings scheduled for April 9, 2002. End of Public Hearings ft''" -~ nnu 6. COUNTY A TIORNEY Permission to Advertise / Contract Extension - Consider staff recommendation to grant permission to advertise a Request for Proposals (RFP) for legal representation of indigents, and extend the current contract for a period of two months to alIa'\\' the County to complete the RFP process. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarô at these meetings will need a record ofthe proceedíugs and for such purpose may neea to ensure that a verbatim record of the proceedings is ma¡Je.t]pollthe request ofanyparty to the proceedings, individuals testifying during a hearing will be sworn in. . to the proceedìngs will be granted the opportunity to cross-examine any indivIdual testifying durin pon request. Anyone with a disability requiring accommodation to attend this meetiul! shoul¡, contact t. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty--eight(48} hours prior fo the meeting. REGULAR AGENDA APRIL 9, 2002 PAGE TWO ï. COMMUNITY DEVELOPMENT Selection of a Consultant for all 2002 Community Development Block Grant Programs - Pursuant to state requirements outlined in the Small Cities Community Development Block Grant Program, the RFP and the St. Lucie County Purchasing Manual, staff recommends that the Board of County Commissioners rank the two firms, selecting the firm with the lm-vest score. 8. ADMlNISTRA TION Bi-weekly Committee Reports - The Board vvill provide committee and advisory board updates. CONSENT AGENDA April 9, 2002 L WARRAJ'\JTS LIST Approve warrants list No. 27 2, PUBLIC WORKS A. Bid Waiver and Sole Source Purchase / Asphalt Millings - Consider staff recommendation to approve the bid waiver and sole source procurement for the purchase from Ranger Construction Industries, Inc. at the rate of 17.50 per ton. B. Resolution No. 02-65 - Consider staff recommendation to adopt the resolution establishing a No Passing Zone on Oleander Avenue from 1340 feet north to Coral Street to Anita Street for northbound and southbound traffic. C. Resolution No. 02-74 - Consider staff recommendation to adopt the resolution establishing a speed limit of 40 mph from Glades Cut-Off to Midway Road on Selvitz Road for northbound and southbound traffic. D. Traffic Barrier and Guardrails at Box Culvert for Shinn Road at Canal No. 58 Project- Consider staff recommendation to approve Change Order No.1 and Final in the amount of 11,040.50; accept the project; release retainage in the amount of 15,343.55 and make final payment in the amount of $53,435.50 to CEM Enterprises, lnc. F.. Goldsmith Road and Header Canal No. 59 Sheet Pile Installation and Embankment Improvements Consider staff recommendation to approve the Interlocal Agreement with NSLRWCD for transfer of FEM.A. grant funds in the amount of 576,735 to be used for construction, and authorize the Chairman to sign the agreement. 3. PURCHASlNG A. Bid No. 02-050 / Legal Arts Building Demolition - Consider staff recommendation to award the bid to the low bidder, LEE. Demolition in the total of 513,450, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Permission to Advertise a Request for Proposals (RFP) for Appraisal of County Parcels - Consider staff recommendation to grant permission to advertise the RFP. C. Budget Amendment No. 02-130/ Equipment Request No. 02-213 - Consider staff recommendation to approve the budget amendment, equipment request, and request for a bid waiver and sole source purchase from New Waste Concepts, for the purchase of Con Cover intermediate waste cover at a unit cost of $79.50 per 1000 square foot and a Caps 900 applicator at a cost of 540,411.20 for the 5t. Lucie County Solid Waste Baling and Recycling Facility. C01\5£.\T AGENDA APRIL 9, 2002 PAGE 1\\'0 3. PURCHASING (CONTINUED) 0, g~C~~~i_V~O~~~d~~~~~~;lr~~~~~~~~~~~~~1~~ ~lo~ida Property Consultants agreements in the amount of $34200 and s~r2rFoovoe thedbId wa~er and Ch'¡irm t ' h ' ,J , an authorIze the c an 0 sIgn t e agreements as prepared by the County Attorney. :\L\.\AGEJ'vIENT AND BUDGET 4, ,-\. Budget Resolution No. 02,100/ USDa] 2002 State Criminal Alien Ass' t Program (SCA,AP) Grant Consider staff recommendation to appr~~.;1~~ budget resolutlOn, accept the grant award, and authorize the County AdmmIstrator to sign the on-line acceptance form. Budget Resolution No. 02 -102 / West First Street MSBU - Consider staff recommendation to adopt the budget resolution establishing the budget for the J\ISBU. B. J. SHERIFF'S OFFICE 2002 Bulletproof Vest (BVP) Grant - Consider staff recommendation to approve electronic submission of the grant application, and authorize the County Administrator to sign the application. 6. COUNTY A TTORNE'{ .-\. Courthouse Concession Agreement \\1th Thompson Coffee Co., Inc. - Consider staff recommendation to find Thompson Coffee Co., Inc. to be in default under it's January 2,2001 agreement Vvith the County, terminate the agreement, and retain the full amount of the security deposit. 13, Criminal Case Management System / Agreement with Clerk for OETS Electronic Transmission Project Grant - Consider staff recommendation to approve the proposed interlocal agreement with the Clerk, and authorize the Chairman to sign the agreement. ï. CmI:\IUNITY DEVELOPMENT .-\. Tourism / Simple Success tlIarketing Advertising Invoices - Consider staff recommendation to approve payment of the invoices for the month of March in the amount of $3,Oïï.70. t, '-"" wi BOARD OF COUNTY COMMISSIONERS ST. LUCIE COuNTY, FLORIDA REGULAR MEEtING Date: April 2, 2002 Tape: 1-2 Convened: 7:00 p.m. Adjourned: 8:30 p.m. Commissioners Present: Chairman, Doug Coward, Cliff Barnes, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administtator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Paul Phillips, Airport Directpr, Ray Wazny, Public Works Director, Bill Blazak, Utilities Director, Don West, County Engineer, Sheriff Mascara, Jeff Furst, Property Appraiser, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-033) It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the minutes of the meeting held March 26, 2002; and, upon roll call, motion carried unanimously. 2. '. PROCLAMATIONS/ PRESENTATION (1-233) A. Resolution No. 02-96 Proclaiming the week of April 7, 2002 through April 13, 2002 as "Barbershop Hannony Week" in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 02- 96; and, upon roll call, motion carried unanimously. B. Resolution No. 02-97- Proclaiming the month of April as "National Child Abuse Prevention Month" in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve Resolution No. 02- 97; and, upon roll call, motion carried unanimously. Mr. Ellis representing The Castle was present to accept the proclamation. 3. GENERAL PUBLIC COMMENTS (1-379) Mr. Bob Bangert, Conservation Alliance member, addressed the Board regarding the cabins being built at the Inlet State Park. He stated his concerns with the cabins competing with the neighboring hotels and the possibility of the damage to the exotic plants in the area. He requested the Board work with the state on this project. 4. CONSENT AGENDA (1-640) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda with the modification as requcsted 011 item C 3-E; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 26. 03/29/02 F7.ABWARR FUND 001 001139 001140 001143 001265 001269 001271 001277 001809 101 101002 101003 101006 102 102001 102104 105 107 107001 107002 107003 120 122 139 140 140313 140800 160 183 183001 183004 185002 204 310002 316001 370001 382 396 401 418 421 441 448 449 4<::1 461 471 478 479 491 505 505001 611 620 625 '. '-" ST. LUCIE COUNTY - BOARD ...I WARRANT LIST #26- 23-MAR-2002 TO 29-MAR-2002 FUND SUMMARY TITLE General Fund FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 TDC Planning Grant FY01/02 FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid Community Food and Nutrition Grant SFWMD-Floridian Aquifer Well 01/04 Transpo~tation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Uninco~porated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper River'park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Palm Grove Fund Port & Airport Fund Airport Master Plan Update FDOT IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 01/02 Communication System I&S Fund Impact Fees-Parks Transportation Capital Academy Drive MSBU Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund S~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 Enforcement Trust Fund Law Library GRAND TOTAL: EXPENSES 340,296.00 35.90 776.84 435.14 50.93 90.95 112.81 9,999.74 90.94 40,235.69 2,264.50 1,811.48 80,232.94 8,572.66 20,858.12 93.82 1,173.83 228,498.96 123.43 1,665.46 7,548.90 2,584.95 517.00 153.14 862.61 664.44 4,618.74 34,522.13 896.00 716.42 999.70 203.07 219.92 2,727.32 701,923.75 31,741.50 50,076.54 13,023.83 2,750.00 8,939.50 18,720.85 27,113.68 465.19 282.24- 786.37 7,399.77 851.15 907.82 15,521.86 1,375.48- 399.29 180.08 8,345.28 667.32 585.74 801.40 61,848.85 4,82-3.68 1,750,870.21 (' PAGE 1 PAYROLL 424,361.54 469.26 4,141.70 1,204.52 665.81 1,188.80 1,364.80 0.00 1,188.80 102,672.43 0.00 0.00 0.00 46,086.98 4, 132.02 1,226.40 2,183.21 68,073.81 829.15 21,770.16 0.00 0.00 0.00 0.00 0.00 0.00 9,628.23 0.00 0.00 2,364.01 4,496.72 1,115.38 2,874.62 1,413.38 0.00 0.00 0.00 0.00 0.00 0.00 34,568.92 19,596.43 1,750.22 29,832.41 13,501. 96 8,304.26 10,669.17 15 ,_~?_~:_B]_ 13,843.51 33,806.42 6,358.15 3,153.06 22,871.97 2,745.86 1,760.03 5,566.31 '0.00 0.00 927,249.24 '. '-"" ~ 2. PUBLIC WORKS A. Orange Avenue project- The Board approved advertising the intent of the South Florida Water Management District to grant a pennit exemption to St. Lucie County for adding a two foot wide paved shoulder on each side of Orange Avenue, between Kings Highway and the St. Lucie County/Okeechobee County Line. B. Engineering/Rouse Road MSBU- The Board approved Change Order No.2 and Final in the amount of ($0.00) accepted the project; release of retain age in the amount of$6,788.150 and make final payment in the amount of$10,048.50 to Sheltra& Sons Construction Company. C. EngineeringlResolution No. 02-95/Rio Mar Drive Sidewalk Enhancements (Prima Vista Blvd., to SR5/US 1)- The Board approved the resolution and Joint Participation Agreement with the FDOT in the amount of $34,000 and authorized the Chainnan to sign the agreement. D. Engineering/Indian River Lagoon Trace Phase lA and lB- The Board approved and authorized the Chairman to sign Change Order No.2 in the amount of $562.1 O. 3. COMMUNITY DEVELOPMENT A. Florida Communities Trust Conceptual Approval Agreement for the Sheraton Plaza Preserve Site- The Board approved the agreement and authorized the County Administrator to sign and transmit the agreement. B. Pennission to Advertise- The Board approved advertising a public hearing on April 16, 2002 at 7:00 p.m. or as soon thereafter as possible to consider applying for a Section 108 HUD Loan. C. Corridor Advocacy Group - The Board approved appointing citizens from the following areas to serve on the Corridor Advocacy Group no later than May 21,2002. One Indian River Drive Resident One North Hutchinson Island Resident One South Hutchinson Island Resident Two residents of St. Lucie County at large D. Papaya Drive Subdivision- The Board approved the final plat for the subdivision and authorized staffto proceed with its final processing. E. Pennission to Advertise - The Board approved granting pennission to advertise an RFP for the development of a Urban land Use Density and Intensity Review for the CentraVEastem portion of the unincorporated area of St. Lucie County. 4. COUNTY ATTORNEY B & E Houck Enterprises Inc.,- The Board consented to the proposed sublease agreement between B & E Houck Enterprises, Inc, and S.S.T. Tire Service, Inc., and approved the proposed Non-Disturbance and Attornment Agreement and Consent to Leashold Mortgage, and authorized the Chainnan to execute the documents. 2 -, \r- ..." 5. PURCHASING A. Permission to Advertise- The Board granted permission to advertise for a Request for Qualifications for Auditing Services. B. Bid No. 02-048/Purchase of a Diesel Powered Triple Trim Mower- The Board approved awarding the bid to the sole bidder, Hector Turf, for a total price of$19,868.80. 6. INVESTMENT FOR THE FUTURE A. Paradise Park Phase I/Drainage Improvements- The Board approved Work Authorization No.1 with PBS&J for professional engineering services in the amount of$150,000 and authorized the Chairman to sign the work authorization. B. Engineering/Orange Avenue Canal Amendment- The Board approved Work Authorization No.5 for Professional Engineering Services Stormwater Management with Hazen and Sawyer, P.C. in the amount of$10,127 and authorized the Chairman to sign the Work Authorization. 7.' AIRPORT A. Equipment Request- The Board approved the purchase and replacement of the commercial grade garbage disposal for the USDA located in the Federal Inspection Station at the S1. Lucie County International Airport in the amount of $1 ,000. B. Equipment Request- The Board approved the increase to the $7,000 budgeted equipment purchase of a 15' Rhino Flex Wing Mower in the amount of$10,750. REGULAR AGENDA (1-2615)· 6. COUNTY ATTORNEY A. Resolution No. 02-84- Consider staff recommendation to adopt the resolution urging Bell South to reconsider its proposed relocation of the F1. Pierce Florida Call Center located at 3300 Okeechobee Road given the severe economic and emotional consequences of such a move. Ms. Peggy Ward, CW A Local President, addressed the Board in favor of the resolution. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 02-84; and, upon roll call, motion carried unanimously. B. Sludge Disposal Regulation Update was given by staff. It was the consensus of the Board to scheduled a workshop to discuss this problem and give a full presentation on Tuesday, April 23, 2002 immediately following the BCC meeting in Conference Room 3. 7. PUBLIC WORKS/ENGINEERING Oleander Business Park MSBU- Consider staff recommendation to rescind the Interlocal Agreement unless there is sufficient interest ITom the land owners to continue with the project. 3 -, '- ...., It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. Mr. Mike Bollock, DEP Tallahassee, addressed the Board's questions and çoncerns regarding the misconceptions about the cabin project proposed for the Ft. Pierce Inlet State Park. He advised the Board that the County will be receiving their portion of the bed tax and stated these are not going to be a tax free facilities. Future discussions will be held with the input of the general public and county officials as well as the hotel and motel associations. There beitlg no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Courts '- 4 To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: ~ .." Agenda Request Item Number Date: 7 April 9, 2002 Consent Regular Public Presentation g. [ ] [ ] [ X] [ ] Board of County Commissioners Community Development Quasi-JD [ Selection of a Consultant for all 2002 Community Development Block Grant Programs. Federal regulations and the SI. Lucie County Purchasing Manual require an evaluation procedure for selection of a Community Development Block Grant (CDBG) Consultant for any writing and/or administration of CDBG proposals and programs. The RFP covered CDBG Administration in the Neighborhood, Economic Development and Section 108 loan categories and Grant Preparation in the Economic Development and Neighborhood categories. Two companies responded to the Request for Proposals. An internal selection committee reviewed and ranked both proposals using the prescribed scoring sheets and criteria established in the RFP and County Purchasing Manual. The Board will announce the final ranking of the firms at this meeting. Funding for selected consultant is to be added into any submitted CDBG application The Board previously approved the advertising and issuing of an RFP on February 12, 2002. Pursuant to state requirements outlined in the SmaIl Cities Community Development Block Grant Program, the RFP and the SI. Lucie County Purchasing Manual, Staff recommends that the Board Of County Commissioners rank the two firms, selecting the firm with the lowest score. COMMISSION ACTION: CONCURRENCE: æ APPROVED D OTHER County Attorney Originating Depl.: Finance: D DENIED Ratified seler.rion of Nancv Phillip!': rílA-z~ Douglas M. Anderson County Administrator Coordinationl Signatures Â J,~ Mgl. & Budget: Other: Purchasing: Other: (AGEND622a) \.r ..., Commission Review: April 9, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Economic Development Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: April 2, 2002 SUBJECT: Selection of a Consultant for 2002 Community Development Block Grant Programs On February 12, 2002, the Board approved the issuing of a Request for Proposals (RFP) for the Selection of a Consultant to assist the county in applying for and administering applications associated with the 2002 Community Development Block Grant Program funding cycle. St. Lucie County's Purchasing Manual requires a basic evaluation procedure for the selection of a consultant. The RFP the County issued covered the area of CDBG Administration in the Neighborhood, Economic Development and Section 108 Loan categories and Grant Preparation in the Economic Development and Neighborhood categories. Two companies responded to the Request for Proposals. An internal selection committee reviewed and ranked both proposals using the prescribed scoring sheets and criteria established in the RFP and County Purchasing Manual. A copy of the internal review list is attached for your review. Federal regulations require that the local governing body rank and select the short listed group of applicants. Since only two responses were received, the board will be asked to rank each of them. The selection! ranking process to be used is the same process the Board has gone through the past two years in selecting a CDBG Consultant. Each Commissioner must rank each consultant in five categories: · Administration Neighborhood; · Administration Economic Development; · Administration Section 108 Loans; · Grant Preparation Neighborhood, and · Grant Preparation Section 108 Loans. Each Commissioner needs to rank each consultant with the number "1" designating their first, or top choice, and the number "2" designating their second choice. The results will be tabulated and the lowest score will be the consultant offered a contract with the County for 2002 CDBG programs. The lowest composite score possible is 25. Pursuant to state requirements outlined in the Small Cities Community Development Block Grant Program, the RFP and the St. Lucie County Purchasing Manual, Staff recommends that the Board Of County Commissioners rank the two firms, selecting the firm with the lowest score. \... 'WI April 2, 2002 Page 2 Subject: Selection of a Consultant for 2002 Community Development Block Grant Programs The Board is requested to announce the final ranking of the firms at this meeting ve any questions, please let me know. . Murphy, AICP nity Developme t Director DJMlme CDBG1(h) cc: County Administrator County Attorney Finance Director Management & Budget Director Purchasing Manager '-' 'WI DEPARTMENT OF COMMUNITY DEVELOPMENT Economic Development Division MEMORANDUM , TO: Douglas Anderson, County Administrator THROUGH: FROM: Dennis Murphy, Community Development Direct Mike Ednoff, Economic Development ~~.~ April 1 , 2002 DATE: SUBJECT: Selection of a Consultant for 2002 CDBG Proposal Writing and Administration of all CDBG Programs. The CDBG selection committee has met, reviewed proposals and selected the highest ranking proposals responding to RFP #02-038 to be forwarded to the Board of County Commissioners for final ranking and selection of a Consultant for 2002. Two firms responded to the RFP and were ranked as follows: 1. Nancy Phillips & Associates 2. Summit Professional Services, Inc. I have attached the Evaluation Method and Criteria sheet from the RFP and the ten evaluation ranking sheets from the RFP. Please note that each Commissioner must rank each consultant in five categories: Administration Neighborhood, Administration Economic Development, Administration Section 108 Loans, Grant Preparation Neighborhood and Grant Preparation Section 108 Loans. The Commissioners need to rank each consultant on each sheet with the number "1" designating their first or top choice and the number "2" designating their second choice. The results will be tabulated and the lowest score will be the consultant offered a contract with the county for 2002 CDBG programs. The lowest score possible from five tabulations by five commissioners is 25. This is the same process as last year. Please forward these materials to each Commissioner for their review and ranking. Copies of proposals will be delivered directly to their offices. I will be available to answer any questions they may have later this week. An agenda item is being prepared for the April 9 BOCC meeting at which time Commissioners will provide their final rankings and a contract can then be developed for a consultant. ~ AGENDA REQUEST ..., ITEM NO. --1L DATE: April 9, 2002 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration PRESENTED BY: BOCC SUBJECT: Bi-Weekly Committee Reports BACKGROUND: At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. RECOMMENDATION: This meetIng the Board will provide updates on the following Committees and Advisory Boards that they serve on: Com mittee Chamber of Commerce Board of Dir. Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acquisition Selection Committee Law Library Board of Trustees Treasure Coast Community Alliance Treasure Coast Council of Local Gov. Value Adjustment Board Tourist Development Council Lake Okeechobee Coalition Other Committees: Higher Education Committee Healthy Kids FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A Meeting Date Monthly Last Wednesday Quarterly as needed As needed Monthly As needed Monthly Monthly As needed 10t Wednesday Quarterly COMMISSION ACTION: CONCURRENCE: Commissioner Coward Lewis Barnes Hutchinson Barnes Bruhn Coward Hutchinson Barnes/Bruhn/Lewis Coward Hutchinson Bruhn Coward [ ] APPROVED [] DENIED [~OTHER: Reports given f/2-, fL- Douglas Anderson County Administrator 04/05/02 F"'" Zl.BWARR FUND 001 001140 001147 001271 001810 101 101003 101104 102 102001 107 107003 115 118 126 140 140001 140121 140275 140308 140310 '315 _ J321 140322 145815 160 183 183001 183002 183004 184203 184804 185001 185002 316 370001 382 390 401 418 441 451 461 471 491 505 F'l " ~ """ ...." ST. LUCIE COUNTY - BOARD WARRANT LIST #27- 30-MAR-2002 TO 05-APR-2002 FUND SUMMARY TITLE General Fund Section 112/MPO/FHWA FY01/02 NOAA/FDCA Adopt-A-Beach DHR-Historical Museum Grant-In-Aid Arts Along These Waters/Student Art Transportation Trust Fund Transportation Trust/Local Option FHWA/FDOT Hurricane Floyd reimburse Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper Sheraton Plaza Fund Paradise Park Fund Southern Oak Estates Lighting Port & Airport Fund Port Fund FAA Taxiway A-3, Airfield Signage DOT-140-Airport Maintenance Bldg FDOT Const. of Perimeter Fencing #4 Airfield Signage #408784-1-94-01 Airport Drainage Master Plan- FDOT FDOT-Install Security Fencing AL124 Industrial Park West Development SFWMD IRL 2001 License Plate Grant Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court Ft. Pierce Beach Restoration FIND So. Causeway Shoreline Stabil. SHIP Housing Assistance FY 00/01 SHIP Housing Assistance FY 01/02 County Capital Academy Drive MSBU Environmental Land CaDital Fund Treasure Cove/Ocean E~rbor S Cap Sanitary Landfill Fund Golf Course Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund EXPENSES 369,411.04 105.45 450.00 2.14 16.24 10,071.66 226,800.00 937.44 11,910.87 153.95 3,083,782.11 1,705.39 450.06 723.87 110.84 10,682.82 12,349.46 2,909.70 21,230.00 826.66 323.30 15,192.00 80,019.00 86,005.00 2,521.00 215.85 843.85 65.06 250.00 219.53 14,482.18 334.14 301.50 14,698.50 210,347.75 1,223.83 4,652.00 30.55 3,464.53 8,339.20 83,099.75 13,456.19 6,833.90 2,096.86 6,012.00 53,391.45 209.19 60,015.15 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,536.89 0.00 0.00 AGENDA REQUEST -..",tI ITEM NO. C-2a DATE: APRIL 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV. (I. Scott Herring, Manager Road and Bridge Division SUBJECT: Bid Waiver and Sole Source Procurement for the supply of Asphalt Millings to be purchased from Ranger Construction Industries, Inc. BACKGROUND: The Public Works Department has been installing Asphalt Millings on the surface of dirt roads in the County since 1998, with Florida Dickerson, Inc. and Community Asphalt previously being our supplier. They have exhausted their supplies and will not have anymore in the near future. Ranger Construction has millings available and has offered to sell them to the County at the rate of $7.50 per ton. There are approximately 20,000 tons available. FUNDS AVAILABLE: 101002-41122-563000-42003 - Transportation Trust/Constitutional Resurfacinq PREVIOUS ACTION: On June 9, 1998 the BOCC approved Sole Source Procurement from Florida Dickerson, Inc., and November 14, 2000 approved a Sole Source Procurement from Community Asphalt Corp. to purchase Asphalt Millings. RECOMMENDATION: Staff recommends approval of the Bid Waiver and Sole Source Procurement for the purchase of Asphalt Millings from Ranger Construction Industries, Inc. COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ] OTHER: [ ] DENIED ~~ Douglas M. Anderson County Administrator [X] Public Works Director ~fi ~M/- Coordi natlon/S la natures [XI Mgt. & Budget ~ (hi!) []Co.Eng. >f~' ( [XI Purchasing 0:--,,(.2 -' [X] County Attorney [XI Road & Bridge/Project Mgr [X] Finance (check for copy only, if applicable) '-' JUSTlflQ TION ....,J fOR SOL[SOURC[PROCUR[~[NT 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. 1. We propose to procure the following: ~halt millings for the annual road surface treatment QIQgram. 2. As a sole source procurement from: Name of Company: Ranger Construction Industries. Inc. Contact name: Dave Schutta Phone: j772) 464-6460 3. The basis for this sole source determination and the reason no other vendor is suitable is: There is no other source available to purchase millings. Florida Dickerson and Community Asphalt have both run out of millin~ until they get the next road resurfacin9-Q[Qject. Date . Department/Division 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. Authorized Signature 5. Attach proposal from vendor with pricing. . Title Approved ( v) Disapproved ( ) ~'-~ (ì/ f2""",:j PURCHASING DIRECTOR J;~) <- / DATE revised 0SJ2000 03/15/2002 FRI 10:56 FAX 561 466 9559 RANGER CONST.- FT PIERCE f4I 002/004 '-' 'wi Ranger Construction Industries, 'nc. 4510 Glades Cuttoff Rd Ft. Pierce FI. 34981 Phone: (581) 464-6480 Fax: (561) 466-9559 Proposal and Contract Submitted To: St. Lucie County 2300 Virginia Ave. AddntSs: Fort Pierce. FL 34982 Date: Phone: March 15, 2002 772-462-2802 772-462-2363 St. I.uice County (Millings) Fax: Job Name: Contad: Dewey Hudman Job Location: Prop. Owned By~ St.Lucie County ITEM No. DESCRIPTION Price for asphalt millings loaded at our Ft. Pierce plant. There is plus or minus 20,000 tons available. QUANTITY UNIT UNIT PRiCe EXTENSION TN $ 7.50 Ranger ConstrudIon Proposal St. lucie COUnty (MIllings) Page 1 of1 · ' Ranger Construction Industries, Inc. 4510 Glades Cuttoff Rd Ft. Pierce FJ. 34981 Phone: (561) 464-6460 Fax: (561) 466-9559 Proposal and Contract Submitted To: St. Lucie County 2300 Virginia Ave. Address: Fort Pierce, FL. 34982 Contact: Dewey Hudman ITEM No. DESCRIPTION Price for asphalt millings loaded at our Ft. Pierce plant. There is plus or minus 20,000 tons available. Ranger Construction Proposal Date: Phone: Fax: Job Name: March 15, 2002 772-462-2802 772-462-2363 St. Luice County (Millings) Job Location: St.Lucie County Prop. Owned By: t QUANTITY UNIT UNIT PRICE EXTENSION TN $ 7.50 St. Lucie County (Millings) Page 1 of 1 ~anger Const~ion Industries, Inc. 4510 Glades Cuttoff Rd. Ft Pierce, FL 34981 ...." Phone: (561) 646-6460 Fax: (561) 466-9559 Terms and Conditions 1) It is expressly agreed that there are no promises, agreements, or understandings not set out in this contract My subsequent cancellations or modifications must be mutually agreed upon in W"itilg. 2) Unless a lump sum price is to be paid for the foregoing work and is cleariy so stated, it is understood and agreed that the quantities referred to hereil are estimates only and 1hat payment shall be made at 1he stated unit price for the actual quantities of materials utilized and \M)rk peñormed by Ranger as determined upon completion of the work. 3) Changes in labor classifications or assignment of \M)rk by anyone other than Ranger"WÎ1I establish a basis for re-negotiation of prices set forth in this contract At the sole option of Ranger, this contract may be canceUed in the event that said changes or assignments occur or in the ewnt that said re-negotiation is deemed unsatisfactory by Ranger. 4) In the event that any work is done by Ranger under this agreement, or any side amendment, VtotIich work is on public property, the CustomerlO.....,er agrees and understands that the project property which it owns shall be charged with all indebtedness hereunder. 5) Unless specificaly stated in a bid item, this proposal does not include any cost for engineering layou~ testing, as-built drawings, permits, fees or bonds. 6) Due to the volatility in the price of petroleum products, the price of asphaltic concrete herein is qualified as follows: if at the time of performance of the work, the cost of liquid asphalt exceeds that used in this quotation by 10%, Ranger, at its sole option, may request payment for the differential in excess ofthe 10%, plus a reasonable owrhead and profit. Ranger wll provide documentation with such request for compensation. 7) Unless otherwise stated, guarantee period for all \M)rk performed under this proposal is one (1) year. Guarantee does not extend to !he emergence of grass or other plant materials through the asphalt layer. It does not cover damage to the asphalt layer caused by pre-existing conditions or sub-surface failures. 8) Unless otherwise agreed, Customer "WÎII bear any additional expense not covered by !his proposal and incurred by Ranger as a result of performance of \M)rk under conditions adwrse to !he expedient prosecution of Ranger's work which are beyond Ranger's control, including adwrse wea!her and delays by o!hers. 9) If, for causes beyond Ranger's control, the \M)rk covered by this proposal is not completed wthil twelve (12) months after the date of acceptance of this proposal, Ranger may cancel1his agreement at any time thereafter on ten (10) days 1M"itten notice. 10) In the event of a misunderstanding or conflict between the terms and conditions stated in the plans and specifications, !his contract shall govern. 11) Ranger shall be provided wi!h suitable access to the \M)rk area. If Ranger's \M)rk is dependent upon, or must be undertaken in conjunction wth the \M)rk of others, such work shall be performed and completed so as to permit Ranger full access to its \M)rk hereunder in an uninterrupted single shift operation. Any deviation from said access shall be cause for clain for additional compensation. 12} Unless a specific lime for performance of Ranger's work is stated, Ranger shall undertake this work in the course of its normal operating schedule. Ranger shall not be liable for any failure to undertake or complete work due ID causes beyond its control, inducing, but not limited to misinformation supplied by the Customer or its agents, failure of sUbgrade, and failure or nadequacy of any labor or materials not furnished and installed by Ranger. Customer further agrees to pay any legal fees incurred by Ranger in defending against such liability. Page 1 of 1 R~nger constru~on Industries, Inc. 4510 Glades Cuttoff Rd. Ft Pierce, FL 34981 ~one:(561)464-6460 Fax: (561) 466-9559 13) Unless otherwise stated herein, payment is due net invoiced amount with no retainage withil 30 days of invoice date. All monies not paid when due shall bear interest at the maxinum rate allowed by law at the project. 14) In the event that asphalt worX is to be done in two lifts with the second lift to be performed more than four months following the fi"s~ a bond coverilg performance may be prolAded to the ContractorlOwner In exchange or a full release of retainage. 15) If an agent and/or attorney is employed by Ranger for collection of any delinquent payment, Customer agrees to pay in addition to any service charge, all fees for the services of such agent and/or attorney (indudlng, but not limled to all fees and costs incident to any appeals) together with all cos15, charges and expenses, regardless of whether or not suit be brought 16) This proposal and agreement shall be govemed by the laws of the State of Florida without regard to principles of conflicts of laws. Venue of all proceedings shall be in Palm Beach County, FL and Customer waives whatever rights it may have ilthe selection of venue and hereby consents to jurisdiction. 17) This proposal is valid for 60 days. ACCEPTED: CONFIRMED: The.bcM pricea, ~ and con<fotiana.... saIisfacky ond.... hereby ac:eopbId, Ranger Construction Industries, Inc. Buyer Date of Acceptance Authorized Signature ~"¿/b.-- ~¿.A ,/ Name & Title William Yoder, Estimator Signature r"'ë:lIoI~' VI 0J/04.- 02 09; 45 TEL 5614622363 [4j02 \.-' ...." PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM '-':.~\->'!~:~...: ,^ .:.:~:~ ~, .;".~.'~ ".:": . :"I~~'''',>: ':'~7'~ "':1;;:~" ':" ';~'.':~'.~ ·~'.:,~··~··~.-,~"',-,~\:~r '~~~,;~'~,\~;~1:~';/:~ '~: ~~·~'JS~~~~~~'I~~:·'·.~ ~ (Ao.'~:~=;:.:' 7 ..~.{ TO: FROM: Ray Wazny, Public Works Director P. M. Bowers, Asst. Public Works Director J. Scott Herring. Road & Bridge Manager ~ March 22. 2002 DATE: SUBJECT: Asphalt Millings Ranger Construction has informed the County that they have approximately 20,000 tons of asphalt millings available for purchase by the County at the rate of $7.50 a ton. As you are aware, the County has not been able to purchase millings for over a year to continue the asphalt millings road program. Attached for your review, is the list of roads that were intended to be milled in 2001 had millings been available. With the 20.000 tons of millings, we will be able to míll approximately 6.5 míles. The 6.5 miles of roadway we intend to mill are bolded on the attached list. We intend to bring the sole source purchase of these millings to the Board for approval at the April 9, 2002 meeting. After approval by the Board of the purchase, we would anticipate beginning construction afthese r~ads in the June/July 2002 time frame. We have determined that the summer is the best time for this construction and the crew that performs this work will be available by the summer to perform this work. We will continue to investigate additional sources of millings to continue the asphalt millings program. I hope you find this infom1ation helpful. Should you have any questions, or need additional information, please do not hesitate to contact me at ext. 2717. JSH/sb Attachment cc: Board of County Commissioners Doug Anderson. County Administrator 04104/02 09:45 TEL 5614622363 [{¡03 '" ..., L.ist of Proposed 2001 Roads for Milling$ to be done now that millings are available. Slqulnce Road Name From To Length Tax Map I#- 1 MC CARlY RD MIDWAY RD WillIAMS RD 1.25 33051 2 BARREL AVE OLEANDER AVE E END 0.12 24341 :3 SCHW AS RD S FFA RD WEST END 0.20 23211 4 HElL RD S FFA RD JERNIGAN RD 0.39 23211 5 HENRY RD S FFA RD JERNIGAN RD 0.39 23211 6 JERNIGAN RD HENRY RD HElL RD 0.45 23211 7 ROCK RD ANGLE RD SEND 0.20 23021 B PCTERS RD GRAHAM RD SEND 0.40 23131 9 PALMETTO DR WEATHERBEE RD MIDWAYRD 0.30 34021 10 PINETREE DR WEATHERBEE RD GREGORY ST 0,21 34023 11 SILVER OAK DR WEATHERBEE RD , MIDWAYRD 0,15 34021 12 SILVER OAK DR MIDWAY RD HOWARD ST 070 34022 13 SILVER OAK DR HOWARD ST EASY ST 0.95 34023 14 SRADLEY ST BUCHANAN DR SEAGRAPE DR 0.45 34021 SUBTOTAL: 6.16 L.lst of Proposed 2001 Roads for Millings to be done if extra millings are available. 15 SAVANNAH ST BUCHANAN DR SEAGRAPE DR U.35 34111 16 BARTOW ST BUCHANAN DR SEAGRAPE DR 0.45 34111 17 PALMETTO DR MIDWAY RD HOWARD ST 0.70 34022 16 PALMETTO DR HOWARD ST EÞSY ST 0.90 34023 19 PINETREE DR MIDWAY RD HOWARD ST 0.65 34021 20 PINETREE DR HOWARD ST EASY ST 0.95 34022 21 DUNN RD MIDWAY RD SEND 0.25 34052 22 DUNN RD MIDWAY RD N END 0.50 34051 23 IMMOKOLEE RD EMERSON AV SEMINOLE RD 0.50 13261 24 WILLIS RD CAMPBELL RD E COKER RD 0.50 23091 25 GREGORY ST PALMETTO DR BUCHANAN DR 0,25 34021 26 MAGNOLIA OR WEATHERBEE RD MIDWAY RO 0,25 34021 SUBTOTAL: 6.25 TOTAL ALL ROADS: 12.41 \ AGENDA REQUEST I TEltr1G O. C·2b DATE: APRil 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV J. Scott Herring, Ma ager Road and Bridge Division TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Establishment of a No Passing Zone on Oleander Avenue. BACKGROUND: At the request of Sun Grove Montessori School, this office conducted studies which included, speed, volume and crash data from South of Olive Street to North of Ulrich Road per the MUTCD and Florida Statutes 316. This office recommends a "No Passing Zone", Northbound and Southbound for this area, consisting of 8/1 Oth of a mile from 1340 feet north of Coral Street northward to the south right-of-way at Anita Street. Existing now is a "No Passing Zone" from Midway Road, South to Anita Street. There is also a "No Passing Zone" existing from Saeger Avenue, North to 1340' North of Coral Street. The objective of this decision is to discourage motorists from accelerating through a school zone to perform the passing maneuver. The School Zone Signs are existing and have been flagged to alert motorists of the school area and to reduce speed within this area. The area affords inadequate passing sight distance and clear zone. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends thatthe Board adopt resolution number 02-65, establishing a No Passing Zone on Oleander Avenue from 1340 feet north to Coral Street to Anita Street for northbound and southbound traffic. COMMISSION ACTION: CONCURRENCE: [ ~ APPROVED [ ] OTHER: [ ] DENIED ~~~ Douglas M. Anderson County Administrator {} [X] County Attorney j/d/ IX] Originating Dept. Public Works ~ I ] Finance (check for copy only, ~ applicable) Coordlnatlon/SI~ natures [ ] Mgt. & Budget W [X] Co. Eng 1.r ' r [ ] Purchasing [ ] Other Dept. '" ....", RESOLUTION NO. 02-065 A RESOLUTION DESIGNATING A NO-PASSING ZONE FOR NORTHBOUND AND SOUTHBOUND TRAFFIC ON OLEANDER AVENUE FROM THE INTERSECTION OF ANITA STREET TO 1340' NORTH OF CORAL STREET IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations, 1. Section 316.008(1 )(1), Florida Statutes, authorizes the Board to designate no-passing zones. 2. The Road & Bridge Division's Traffic Operations Section of the Public Works Department has recommended that a no-passing zone be designated for Northbound and Southbound traffic on Oleander Avenue and that no-passing signs be erected on Oleander Avenue. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida: 1. A no-passing zone is hereby designated on the East side of Oleander Avenue from a point at the South of the South Right-of-way of Anita Street Southward to a point 1340' North of the North Right-of-Way of Coral Street for a total distance of 8/10th of a mile. 2. A no-passing zone is hereby further designated on the West side of Oleander Avenue from a point 1340' North of the North Right-of-Way of Coral Street Northward to the South Right-of-Way of Anita Street for a total distance of 8/1 Oth of a mile. 3. The St. Lucie County Road and Bridge Manager is hereby directed to erect no-passing signs for Northbound and Southbound traffic on Oleander Avenue from the ~ ..." intersection of Anita Street to a point 1340' North of Coral Street. The designated no-passing zone will adjoin an existing no-passing zone from Anita Street Northward to an existing no-passing zone from 1340' North of Coral Street Southward. 4. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of St. Lucie County, and to the St. Lucie County Road and Bridge Manager. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner John D. Bruhn PASSED AND DULY ADOPTED this 19th day of February, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ,þ AGENDA REQUEST ITMo. C·2c DATE: APRIL 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV. . Scott Herring, Manager Road and Bridge Division SUBJECT: Request for a Speed Limit Increase to 40 mph on Selvitz Road from Glades Cut-off Road to Midway Road. BACKGROUND: At the request of a citizen, this office conducted studies which included speed, volume, and crash data for Selvitz Road from Glades Cut-off to Midway Road. Florida Statute 316 provides that a County may set speed zones altering the speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation. The eighty-fifth percentile speed (taken at three locations along Selvitz Rd.) ranged between 54 mph and 58mph. The average speed ranged between 43mph and 50mph. This office recommends a speed limit increase to 40 mph, on Selvitz Road from Glades Cut-off to Midway Road. FUNDS AVAILABLE: -yt I t:t PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution Number 02-74 establishing a Speed Limit of 40mph from Glades Cut-off to Midway Road on Selvitz Road for northbound and southbound traffic. COMMISSION ACTION: þ{] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: ~<-- Douglas M. Anderson County Administrator ~ [X 1 County Attorney all' þ" [X] Originating Dept. Public Works i ' [ ] Finance CoordinationfSiQnatu res [ ] Mgt. & Budget 1./lJ~ [X] Co, Eng ..Þf~ 1 ( [ ] Purchasing [ ] Other (check for copy only, if applicable) .. '-' "WìI RESOLUTION NO. 02-074 A RESOLUTION DESIGNATING A SPEED LIMIT OF 40 MPH FOR NORTHBOUND AND SOUTHBOUND TRAFFIC ON SEL VITZ ROAD BETWEEN MIDWAY ROAD AND GLADES CUT-OFF ROAD IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations, 1. Section 316.189 (2) (b), Florida Statutes, authorizes the Board to set speed zones altering such speeds, both as to maximum and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation. 2. The Road & Bridge Division's Traffic Operations Section of the Public Works Department has recommended that a speed limit of 40 mph be designated for Northbound and Southbound traffic on Selvitz Road and that Speed Limit signs be erected on Selvitz Road. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County Florida: 1. A Speed Limit of 40 mph is hereby designated on the East side of Selvitz Road from a point at the North of the North right-of-way of Midway Road to a point South of the South right-of-way of Glades Cut-off Road for a total distance of 1.6 miles. 2. A Speed Limit of 40 mph is hereby designated on the West side of Selvitz Road from a point at the South of the South right-of-way of Glades Cut-Off Road to a point North of the North right-of-way of Midway Road for a total distance of 1.6 miles. '-' -....I 3. The St. Lucie County Road and Bridge Manager is hereby directed to erect 40 mph Speed Limit signs for Northbound and Southbound traffic on Selvitz Road from the intersection of Midway Road to the intersection of Glades Cut-off Road. 4. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of St. Lucie County, and to the St. Lucie County Road and Bridge Manager. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner John D. Bruhn PASSED AND DULY ADOPTED this 26th day of March, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~ .."J Selvitz Road Between Glades Cut-off Rd and Midway Rd Ralls Road N + ccess Road Band Blvd Prosperity Dr Access Road "0 ~ o a: t:I "5 ã3 (f) Favorite Road 'C (1 o a:: c c ;:) o Midway Road .~ "",. ....,/ AGENDA REQUEST ITEM NO. C - 20 DATE: April 9, 2002 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT): ENGINEERING DIVISION 4155 SUBJECT: Approve Change Order NO.1 and Final in the amount of $1 ,040.50; accept the project; release retainage in the amount of $5,343.55 and make Final Payment in the amount of $53,435.50 to CEM Enterprises, Inc for the construction of the Traffic Barrier and Guardrails at Box Culvert for Shinn Road at Canal No. 58. BACKGROUND: On December 18, 2001, the Board awarded the contract for the Traffic Barrier and Guardrails at Box Culvert for Shinn Road at Canal No. 58 to CEM Enterprises, Inc. in the amount of $52,395.00. FUNDS AVAilABLE: Funds will be made available in Fund NO.1 01 003-41135-563000-49001 (Transportation Trust - Local Option). PREVIOUS ACTION: The Board awarded the construction contract on December 18, 2001. RECOMMENDATION: Staff recommends the Board approve the Change-Order No. 1 and Final; accept the project; release retainage and make final payment in the amount of $53,435.50. COMMISSION ACTION: [ )¡: APPROVED [] OTHER [] DENIED CONCURRENCE: ~~ Douglas Anderson County Administrator Ix] County Attorney [x] Mgt & Budget V!J ~ ~ [x] Purchasing Ivt2- ~ [x] Budget & Rev, Coor, ..B .f\ ~ [xl Originating Dept Public Works [x] Project. Man. [x] Finance g.:t\ ~ (Check for copy only, if applicable) '-' MAR I 3 2002 @I I , ~ Œ@Œnwœ CHANGE ORDER ST. LUCIE COUNTY ENG1NEEPI¡"JG CHANGE ORDER NUMBER: No.1 PROJECT: TRAFFIC BARRIER & GUARDRAILS AT BOX CULVERT (name, address) FOR SHINN RD. AT CANAL NO. 58 INITIATION DATE: 317102 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A CEM ENTERPRISES 1757 BENBOW COURT APOPKA, FL 32703 ST. LUCIE COUNTY CONTRACT NO: C01-12-206 CONTRACT DATE: 12/18/01 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED The original (Contract Sum) was ............................................................... $52,395.00 Net change by previous authorized Change orders .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . $-0- The (Contract Sum) prior to this Change Order was ....................,......,....,............... $52,395.00 The (Contract Sum) will be (increased) by this Change Order . , . . . . . , . . , . , . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . , . . . . . . . . . . . . . . . . . . . . $1,040.50 The new (Contract Sum) including this Change Order will be ..."........"......................... $53,435.50 The Contract Time will be (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (0) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 2/26/02 Funds Available: Account Number: 101003-41135-563000-49001 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 under this Change Order shall be performed in accordance with the contract specifications. w\---317102 Date Approved: St. Lucie County Public Works DeDI. St. Lucie County Department 2300 Virginia Ave.. Ft. Pierce. FL 34982 Addres ì irginia Ave., Ft. Pierce, FL 34982 CEM Enterprises Contractor By: Date 1757 Benbow Ct.. Apopka. FL 32703 Add~ ~ 3þ/ÓZ- By: . Date Approved as to Fonn and Correctness County Attorney , co U) o Z ItS C ItS U - ItS ï:I ItS o 0::: c c .c en L.. o ..... 't () ~ :s U >< o CD - ItS .!!J. ItS L.. ï:I ~ ~ :::::¡ 0 (!) N to "'C N C . e:- ItS 0 ('I L.. E::J () rñ æ 'E ~, ItS .§. 2 CD ~ Qj O('l « 0--'; ._ a:: Wc "'C Z .... W OJ·· 1üc~~~ L.. a:: w 0 ._ I-Oüo::f- W.80('l Co_C Õ z ~ OJ .Q .~ « C ~ ~ ~:I:oo"'C Q.uüz« '- "-" -<II ('I 0 g¡: I-a.. 0000000 OOOIDOOID c:i N c:i N Lri c:i c:i to to"<tN...... o"<t T"""T""" ,.......,Nf:17 T""" 0 ~~~~'-'~-r- E.9- E.9- ... <II ...- U OJ c::: .- "1V:Jò: o OJ - OJ õ.. E o ü 00000 00C!C!0 aaOlD1D (') ID (') E.9- E.9- E.9- {ß-{ß- - o ...... (')« ........T""" I I CD ID (')...... IDID Q) Q" ttS 0... J ~ ..",; DIVISION OF ENGINEERING MEMORANDUM 02 - 080 ~~¡~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~j~~~j~~~~~~~I~~I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~§~~~~~~~~~~~~ TO: Dan McIntyre, County Attorney /' ~;;5 Don West, County Engineer,~ ("~ March 13, 2002 L ,~-- f' . ¡ ~~ r- UU j Wp COUNT\ . I Œ r~'1 .- d n I 'I' FROM: DATE: SUBJECT: Shinn Rd. @ Canal No. 58 Guardrail Please approve the attached releases of lien for the above referenced project. If we can be of any assistance, please call Scott Isberner, Project Manager, at extension 1707. Barn Attachments (5) .., œ¡ Œ; ~ : ~ ~ ill I ENGINEERING cc: Ray Wazny, Public Works Director Mike Powley, Capital Projects Engineer Scott Isberner, Project Manager ~H{Y (Ç8Í , , tit'!-'l.J,L\...A'J..'J.Ui\ .I;"U.t<. -'-- iU'H..J L'".Lj.\l-\.J..J J!tUl'J,c,l'lJ. ~JECT' Nl>J.IE:froMc.. 6oyr¡"cr rI- 0uardrai¡s S 6ùj â/'ftf!lr.¡. -rot' Sh¡'fI~ t; ~5P -' BOARD OF r.OUNTY r.OMMISSIONERS Ml-I"; mGINEER I S PROJECT NO.: OWNER: ST. T,TJr.TP. r.rHJN'T'v. FT,()RTDA "ONTRACTOR:C&tYI £t-k-rfriSb; :D7L. CONTRACT DATE: ~g /0;;' IPPLICATION AMOUN./{ S.J¡ '13 s. .t!:Ö APPLICATION DATE: 3/II/O;J,. Jj / INITIAL CONTRACT AMT. ('""'., 3/J5:0D 'OR PERIOD ENDING: II DØl BASED ON EST. QUANTITIES $ ...JCÝI 7'· 'ABULATTON OF AMOUNT DUE THTS APPLICATION )RIGINAL CONTRACT AMOUNT COMPLETED TO DATE See Attached "Estimate of completed work") :HANGE ORDER NO. L-@~% COMPLETE (+) :SANGE ORDER NO. _@_% COMPLETE (+) :HANGE ORDER NO. '_@_% COMPLETE (+) :SANGE ORDER NO. _@_% COMPLETE (+) 'REVIOUS PAYMENTS, '1 $ ;2 $ '3 $ '4 $ ~OTAL $ "-0 TOTAL WORK TO. DATE (+) LESS PREVIOUS PAY. (-) SUB-TOTAL LESS FAILED LAB. TESTS AS APPLIED FOR BY CONTRACTOR $5.;),39'5", (5 ù $ !¡ Do/O. 5"D $ $ $ $ fJ3¡ .¡ 35: :JD $ -0- $~';; 'I3tJ. 5"D AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD ;ONTRACTOR'S AFFTDAVIT (-) AS APPROVED BY ENGINEER $ Ç;2./~1 ç;,~ $ I, D'-IO. 5?) $ $ $ $ $ $ $ 53.1~Ç.1"Ô ~ .;3 1../ '3';; t;() --e- ¿j~35~()/ 'Y The undersigned Contractor hereby swears under penalty of perjury that ~ll obligations incur red by the Cont ractor under this Contract to date have )een discharged in full, that no s~its are pending in connection with the work ln~r'Jthe Contract, that the Contractg¡ agrees to the total final price of ¡ ~ 2~S: S'D and final payment of $':> '3 "~5'. 5"'0 as full settlement of his Iccount under the Contract and of all claims in connection therewith. "ONT¡¡'¡'CTOR ~fJrìSeJ :::z:hc-- IY {_ TITLE ¡J~s;deL::I "OUNTY OF D~t.- ¡TATE OF Plonll--- ~QJ';;¡ Befo me this , ""Nl , personally Ippeared t , who being dUly sworn, did iepose and say that he is the ~ ~ (Office) of the :ontractor above mentioned, that he prepared attached application for payment lnd executed above affidavit on behalf of said Co ractor¡ and that all of the 3tatements con , correct a complete ,""..~ 1y commission ¡cjJ:. LAURA L MORRIS :: My Commission DO 001930 ~. . Expires MARCH 9. 2006 -"Of".o¡ti> ro: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORJDA The attached application for payment by the Contractor has been reviewed JY the Engineer. The Engi~eQr hereby approves final payment under this ~pplication in the amount of $ , less liquidated damages lssessed by Board, WIT~CTUAL PAYMENT SUB,TECT TO CONTRACTOR' S SIGNING ABOVE ~FFIDAVIT. ~~'t A ~Ñ~~' ST. LUC~~ CO NTY ENGINEERING DEPARTMENT APPROVED BY #cfLt Donald B, West, County Engineer )ATE: :ontract Time Began: Substantial Completion on: ~ctual Construction Time: :ontract Construction Time: Rainy Days Allowance: Jther Overrun Allowances: ~et Overrun: Cal. Cal. Cal. Cal. Cal. Days Days Days Days Days cc: Finance Officer CHECKED BY PREPARED 'BY St. Lucie County Eng. Depart. .~." A ...__----.. ~ ....,,¡ AGENDA REQUEST ITEM NO. C-2e DATE: April ~ 1 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Goldsmith Road and Header Canal No. 59 Sheet Pile Installation & Embankment Improvements - Interlocal Agreement with NSLRWCD for Transfer of Funds BACKGROUND: This Interlocal Agreement will allow NSLRWCD to transfer FEMA grant funds in the amount of $76,735.00 to St. Lucie County to be used for the construction of Goldsmith Road and Header Canal No. 59 Sheet Pile Installation & Embankment Improvements. This project is essential to prevent the failure of Header Canal Road and jeopardize public safety. FUNDS AVAIL.: n/a PREVIOUS ACTION: December 11, 2001-Board awarded contract for construction to Lucas Marine Construction in the amount of $279,320. RECOMMENDATION: Staff recommends approval of the attached Interlocal Agreement with NSLRWCD and signature by the Chairman. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ] OTHER: [ ] DENIED ~L Douglas Anderson County Administrator [x]County Attorney Coordi nation/SiClnatures [x]Mgt. & BUdget~ [x]Co. Eng~. [x]Revenue Coord,~ []Other J<¡/. [x]Originating Dept. Pubiic Works it: goldsmith header nslrwcd,ag.wpd L--, '-' ,.." INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this _ day of 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, and NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT, a special taxing district, hereinafter referred to as the "District". WHEREAS, the County has entered into a contract dated December 11, 2001 with Lucas Marine Construction, Inc., for Goldsmith Road and Header Canal No. 59 Sheet Pile Installation & Embankment Improvements (the "Project") within the jurisdiction of the District; and WHEREAS, the District would like to contribute to the project by transferring FEMA grant funds to the County in the amount of Seventy-six thousand seven hundred thirty-five and 00/100 dollars ($76,735.00). NOW, THEREFORE, the parties agree as follows: 1. Authority This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. Administrator of Grant The District agrees to transfer FEMA grant funds in the amount of Seventy-six thousand seven hundred thirty-five and 00/100 dollars ($76,735.00) to the County for Project construction within thirty days of execution of this agreement. The District shall direct all inquiries regarding the Project to the County unless prior written approval is received from the County permitting the District to contact Lucas Marine Construction, Inc. \..- .., 3. Amendment This Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 4. Notice All notices, requests, consents and other communications required or permitted under this agreement shall be in writing. AS TO DISTRICT WITH A COPY TO: North St. Lucie River Water Control District 2721 S. Jenkins Road Fort Pierce, Florida 34981 Frank H. Fee, III, Esquire Fee, Bryan & Koblegard, P.A. 401 S. Indian River Drive Fort Pierce, Florida 34950 AS TO COUNTY: WITH A COpy TO: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Engineer 2300 Virginia Avenue Fort Pierce, Florida 34982 5. Record Retention; Inspection The County agrees that the District or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the County involving transactions related to this Agreement. The District agrees that the County or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the District involving transactions related to this Agreement. ~ """ 6. Public Record The County and the District shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by them in conjunction with this Agreement. 7. Assignment Neither party shall assign this Agreement to any other persons or firm without first obtaining the other party's written approval. 8. Effective Date This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. 9. Whole Agreement This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreement, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney · ' ATTEST: '-'" Clerk ...",,¡ NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT President APPROVED AS TO FORM AND CORRECTNESS Attorney for the District '~ AGENDA REQUEST ~EM NO. C-3-A DATE: April 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Michael Rath, Purchasing Director SUBJECT: Award of Bid No. 02-050, Legal Arts Building Demolition BACKGROUND: On March 27, 2002 bids were opened for the demolition ofthe Legal Arts Building. Six hundred seventy-three (673) vendors were notified, eighteen (18) bid documents were distributed and three (3) bids were received. The Central Services Department has reviewed the bids received and recommends that the bid be awarded to the low bidder, L.E.B. Demolition in the total amountof$13,450. FUNDS AVAILABLE: Funds are available in Central Services, General Maintenance, Buildings, Account No. 316-1930-562000-1612. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-050, Legal Arts Building Demolition to the low bidder, L.E.B. Demolition in the total amount of $13,450, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~ L-.. Doug Anderson County Administrator County Attomey.(X) ,.." '--(j./ L;' Coordination/Signatures Mgt. & Budget (X) Vl1J /Y1 rrI:?J Originating Dept:: Other: Purchasing Mgr.:(X) Other: n i~~ Finance: (Check for Copy only, if Applicable) Eff.1/97 , " "". (/) 0:::0 Wit') Zo 0' _N (/)0 >~O I-:æ- Z OJ ~:æ. 0°1- UUlt! W~:I: UZ(/) ~~Z ...J°O . U - t;~5 o~ 0::: OJ ~~ :æ ° Z a. OJ ° 0 ¡:: M ::::¡ N ° (§) :æ N W 0 0 0 C) N Z to- - 0 (/) N W :I: ...J U - U ~ ~ OJ 0::: ~ (/) W :æ ~ (/) ...J ~ « 0 ...J 0::: W « I- Z C) Z W W W a. ...J U ° 0 0 0 0 0 C! 0 OJ ci 0 0 W It') It') 0 ~ fD 0 (/) M- e) CÔ ~ T"" M ~ OJ ~ ~ ~ (/) 0::: ° 0 Z (/) W Z W > ° ..J U ¡::..J u.. S; - u.. ui O:::..J ...J. 0::1: ..J W u... :æ~ 0:( (/)W 0 :æ~ WW .~ o III Uw ~O ZO .Z -=> :æ5 OJW -0:( -W .U) O:::..J I-W WZ W· a.~ ·W ~t:: ...J.., 00 ~ C") ..... (þ CQ C") ... b W l- => III ." ë2 0 I- W U) ¡:¡: C ¡:: en 0 I- 0 Z Z W U) W > !!:! :æ jjj Z => (.J (.J W E 0:( 0 ~ ~ 0 0 :æ en u 0 0 0 ..: ãj ãj CO (.J - 1/1 u.. u.. u.. "C 0 0 0 C ~ ~ ~ CO E W W W IÞ III III III "C :æ :æ :æ .. => => => CI) Z Z Z " AGENDA REQUEST ~EM NO. C-3-B DATE: April 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasina Michael Rath. Purchasinq Director SUBJECT: Permission to advertise for a Request for Proposals (RFP) for Appraisal of County Parcels BACKGROUND: This RFQ is required to select appraisal firms to provide appraisals of large tracts of lands, lots located within subdivisions, acquisitions for right-of-ways, easements, waterfront, wetland/marshes, environmentally sensitive lands and environmentally significant lands. All appraisals will be ordered on an as-needed basis for property acquisitions throughout st. Lucie County, on a work order-specific scope basis. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval to advertise the Request for Proposals (RFP) for Appraisal of County Parcels. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: ~~ Doug Anderson County Administrator County Attomey:(X) /ì ð:1r ,,-,,,"') Coordination/Signatures Mgt. & Budget: (~~ ~ Other: Originaling Dept: Purchasing Mgr.:(X) Other: /12. /~,-- Finance: (Check for Copy only, if Applicable) Eff. 1/97 '-' ., AGENDA REQUEST --r'rEM NO. C-3-C DATE: April 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PURCHASING PRESENTED BY: Michael Rath, Purchasinq Director SUBJECT: Bid waiver and sole source purchase from New Waste Concepts, for the purchase of Con Cover intermediate waste cover material and Caps 900 applicator for the St. Lucie County Solid Waste Baling and Recycling Facility. BACKGROUND: See attached memorandum. FUNDS AVAilABLE: Funds will be made available for the purchase of the Caps 900 applicator in Sanitary landfill Fund, Machinery & Equipment, Account No. 401-3410-564000-300, and requires approval of Budget Amendment No. 02-'30 and Equipment Request No. 02-213. Funds are available for the purchase of the Con Cover waste cover material in Sanitary landfill Fund, Operating Supplies Account No. 401-3410-552000-300. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioner's approve the request for a bid waiver and sole source purchase from New Waste Concepts, for the purchase of Con Cover intermediate waste cover at a unit cost of $79.50 per 1000 square foot and a Caps 900 applicator at a cost of $40,411.20 for the St. Lucie County Solid Waste Baling and Recycling Facility, and approval of Budget Amendment No 02-130 and Equipment Request No. 02-213. COMMISSION ACTION: CONCURRENCE: [2i APPROVED [] DENIED [ ] OTHER: ~L- Doug Anderson County Administrator County Attomey.(X) :~//" /_F\ I 1'-' 'v , Coordination/Signatures Mgt. & Budget (X) fjl() fYlM 0 Other: Purchasing Mgr.:(X) , '.'~ ,//-',~ , " Originating Dept: Finance: (Check 1br Copy only, if Applicable) Other: Eff. 1/97 '-' ...." PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 02-130 _"""""'''T<!!";¡,,·_A'''''iWCW·x..~'''i''''·*;¡~','··I*>,.,,,,,m__;';/!Oii:'r''.·7.-'¥I'"<ffl''~<"L"~·"'<"·:ß'·:~A'>::<!,:,:""',iJllt<r~¥;¡!'!\r!",¡t·'"_··'¡Ù·'.'.·":',*M...,,·.·I't',è"""',.~<:~"',1.'") "·"":..··'.·,·!j;".,8,,.,...·,,"~"~,_N;,'" ':,.!,.,.",.."'..t::M";lë"'''''''~ .q."." '~",~,ru;;';i!.,""~ ",',J<j TO: FROM: Mike Rath, Purchasing Director Leo Cordeiro, Solid Waste Manager l)~i \..- Y April 1,2002 DATE: RE: Con Cover In the past the Glades Road Baling and Recycling Facility was required to place six inches of cover material (dirt) daily and twelve inches of cover material (intermediate cover) over waste that would not be used as a working face for ninety days or more. This practice required the use of over 60,000 cubic yards of dirt per year at a cost of $180,000 per year. Additionally, the value of this air space is $1,590,000 per year. We applied for and received approval for a modification of our Florida Department of Environmental Protection (FDEP) permit to reduce the daily cover requirementto two inches. However, the requirement for intermediate cover remained at twelve inches. This reduced our annual cost to approximately $100,000. However, the value of the air space used was an additional $1,000,000 per year. Extensive research on an alternative daily and intermediate cover has led us to a product named ConCover. We wrote FDEP asking for approval of ConCover as an alternative daily and intermediate cover and was given approval. The estimated annual cost of using this product as a cover material is $80,000. With no air space being used. Thus, saving over $1,000,000 worth of air space annually. This is the only product approved as such for our facility (attached). ConCover is a patented product manufactured by New Waste Concepts, inc. The equipment (CAPS 900) used to apply ConCoverwas engineered and designed by New Waste Concepts and manufactured by Finn Corporation. I contacted Finn to inquire as to whether we could purchase the unit directly from them and I was told that New Waste Concepts was the sole distributor of the equipment (attached). We are requesting a sole source be approved for the purchase ofthe Con Cover product, at an approximate cost of $80,000 per year, as well as the purchase of a CAPS 900 machine at a cost of $40,412 for the application of the ConCover material. LJC:dls t Attachment cc: Ray Wazny, Public Works Director VJ c:: WN Zo 00 _N VJ;' VJO ::æ:~ ::æ:c:: 0« (JW >->-N ~..JO z«õ) :J(J- OVJ'O:t ,. - W ...LL~ LLC::« 000 OLL« C::~O «VJZ OWW m:JC) >-G« ~W zC:: :J~ OZ (JW W::æ: _C- (J- :J:J ...JG ,W ~ VJ Cf.) ~ ë w c z w ::::æ ::::æ o (.) W 0:: ~ Q:: ~ Ü ::¡ c:¡ ;:) Q.. ¡:.: z w ::::æ I- 0:: « c.. w C z o iñ :> c Q:: ~ è3 ~ q; >- ~ Q.. Cf.) 8 0) Cf.) CI.. è3 ¡:.: z w ::::æ 9: :J o W """" .... <I) o o C5 ::: t::: t::: tt1 ... ::: o ~ o ::: "t:! @ .~ ¡:: c c C') 6 c c ;:¿; lC) 6 ...... "'I- C') , ...... C "'I- 0...: *- tt1 ~ ~ ... .5-:!i ... c ~ c o c o c' .¡!! 8 .ctJ __.. '5 .- C)~ ê 0 .¡!! <I) .S ~ ~ ~ tt1 ::... ·s =æ .~ "t:!"t:! ... C) o :>- C) ¡,¡¡ <I) ::: C) C) 0 .c:: tt1 .... ~ ~ .!:: tt1 tt1 t::: C) ~ s o ... ::: 0 ~ ~ C) ~ .s C) .... :5 ..2 .... š: ~ ~ Q) tt1 š: ;::, 0 .~ .c:: .... c' ã5 c "" c ¡;; c' .s. c ::: ...... 0"(,9. ~~ o .E! <b tt1 ~ .§ '- >< Q. e .~ 0.. ¡:: g. ¿¿ w It.1 ::::æ :J z I- Z :J o (.) (.) « C') ...... C'\ ~ c o lU ;t o w 0:: I- Z IJJ ~ z o ¡:: « (.) ¡:¡: ¡:: en :J ., ~ ....tI BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT Public Works - Solid Waste PREPARED DATE: 04/02/02 AGENDA DATE: 04/09/02 TO: 401-3410-564000-300 $40,412 FROM: 401-3410-599300-300 Reserves $40,412 REASON FOR BUDGET AMENDMENT: licator a machine to a I the new cover material for the bales. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: f&J 02-130 G :\SUDGET\QUA TTRO\GENERAL \FORMS\AMENDM02, wb3 '-' ..,,; '''.. . ... . 'l '."- '. H'\. ""-~:¡f'f< i ","1- ',V J c ~",'_',:.L._l Date: To: 4/1/02 Ron Roberts From: Subject: Margie Campbell Quotation for CAPS 900 Dear Ron, NWC is pleased to present the following Quotation for the ConCover All Purpose Sprayer You have requested a CAPS 900 with out the Hose Roller/Spool Guide Attachment. CAPS 900 Progressing Cavity Pwnp, with Flush Tank, Pump Reversing Valve & Recirculation, Clean Out Port, and Standard Landfill Hitch with pintel hook. $37.211.20 OPTIONS: InstaCote Elastomeric Plastic Coating (Deck & Outside of Tank) $ 1,000.00 Foam Filled Tires (tire size 19L-16.1) per tire $ 550.00 X !..[ .-J; /1/' ,,(. I Î r; 'or ¿,-,L'I --r \. ~- \....- / 03/ 2S /02 17;16 F~ 513 874 2914 ~. ..-. -'- \..t March 27, 2002 Mr. Ron Roberts 8t, Lucie County Landfill Ft. Pierce, Florida Dear Mr. Roberts: FINUORP ...., Oil> CORPORATION Fm.."# (561) 462-6987 This is to confiIm that the New Waste: Concepts "CAPS" landfill machines are designed and manufactured by Finn Corporation in cooperation WIth New Waste Concepts, NWC is the sole distributor of the "CAPS" style machine. These units include specially designed components developed and produced exclusively for New Waste Concepts. Ifyau have any additional questions of concerns, please lèel free to contact me at your convenience, Sincerely, t~ Walter Butman Executive Vice President Finn Corporation 9281 LeSain1 Drive · Fairfield, QH 45014-5457 U.S,A. (513) 814-2818 . 800-543-7166 · Fax (1513) 874-2914 . http://tinncorp.com ~OOl 03/27/2002 15'22 '-" 7348479008 NWC / It~ST ACOTE ~-~ -- -- -- NW(ï~ -- - - - -------=------- ~ Ihw WASTE COII(EPrs NW(\' Date: To: From: Subject: 3/27/02 ROD Roberti St. Lueie C.QUty L..dfiU Ft. Pierce,FL . PH: 561-462-1631 Fax: 561-4'~-6987 MalJie Campbeß Patents Reid By NWC New Waste Concepts, Inc. holdS the following US Patents for Landfill &: Remediation covers: PAT. NO. 5,082,500 5,516,830 5,538,787 5.556,033 5,763,734 . 5,849,364 6,096,373 TITLE SptayabJe Compp~itiC)n SprayabJe Composition Material and Method fur Forming an Underwater Barrier Layet Apparatus for FoI'ttlin¡ a Foamed Outdoor Protective CovcrLayer Method for Containin¡ or Removing Cont:amin'lo.ts From a Substrate Se1f~Foaming Sprayable Composition - ConCover 180 Sprayable Composition and Method fur Fonning a Foamed Outdoor Protective Cover Layer ConCover products are sold c:xclusiv~ly byNew Waste Concepts. the company which developed and patented GonCavet' products wd the ConCover All Purpose Sprayer (CAPS) Machine and the only compaOy authorized to sell t1æse products. The CAPS sprayer ìs the only machine recommended for applying ConCovet 180. The CAPS machine is designed by NWC and manufactured by Finn Corporation. NWC and Finn Corp. have an agreement that NWC is the sole clistn'butor. 160 C. LAvOY RœL:' ErIe M148133 í34,847.s997 ' 800-359·2783 . F:lX734-347-9008 . E·Mail, in(o@nwci.com PAGE 02 ·-- ~ J [P/Ð"L\.,,)TE PRCGR';:¡H F~a\561-681-67TJ .~, ../ " BOARD OF COUNTY COMMI5510~€R5 f. February 27, 2002!! H " , , ~ I Mr. William F. FO$li 5t I Environmenta! Sp . ialist Solid W ste Department of En ronmental prot. action 400 N. Congress enue , P.O. Box 15425 I, . West Palm BeaChrl33416 Re: ConCover 18°11 Dear Mr. Forrest: i ·1 ;¡ , I ,. I St. Lucie County Glades Road Baling Facility is requesting approval of ConCover 180 as an alternative dailyiland intermedi*e cover matena/. As we discussed, this product was approved in 1992~' the EPA for Subtitle D Landfill Daily and Intermediate Cover. Enclosed is the T '. P results for t~e product as well as MSDS information. The Glades Road Baling FacUi. wiil be condu~ting a demonstration of this product and DEP personnel will be ín~íted to attend once we have a confirmed date. ~ . I This product will alrþw us to spray the vertical faces of the bales preventing air penetration and blr~s from disturbIng the in-place baies. Additionally, this wIU be much more ples$ing aes~hetlcay. : ,. " We would appreCI~e approval or disapproval for this request as soon as possible. II Thank you in ad\la~ce for your attention to this,{Uatter. , - - , , 'I I. '. , " ;; ~ eo J. Cordeiro !! . i Solid W aste Mana~r :¡ ¡ :: LJC:dls Mar 6 '02 15~)J P.Ol/Ol Ff_2 8 lUU2 " DEPr?FENV P;:¡OTECTIOI>¡ WeST PALM BEACH " PUBLIC WORKS DEPARTMENT APPRO'IALIM1S: 3- £- O:?- #,/:' 1 Enclosures ji cc: Ray Wazny, bLC Public wJrks Director ROfl Roberts~ SLC Solid Waste Superintendent '.JI-1~'~ f-. crU.,"¡K :JoSU'Cf ";0. 1 . ,cu:; ~'~)'~',:,.¡'~C. Ci::Jlrcr ...~c. 2 . ~A.l;t.A A. U:\}r;), OiitMCr NQ. J ,. i1'U.NNIE HUiCHII...~.j~l. D¡¡tr..::r N~. 4 .. ':"Ir~ ~^!~..~Ië:S. :>Î~fic:.r ~o. 5 i COl.olnt)- A¢t,i·',!.r,·or~ . Cowglos M. ."'''·;htfSCH''1 2J::I0 Vlrgi,'1!O Averue . Fr. Plerc:eo. FLJ¿9ð2 : Public Wori<5; (561) 462-1.155 . FAX (5ó1) 462·2J62 :;; \1M,', ,:,f E,~;iM'~':~g; .: 56i, ) ~o2-1707 Fox 462-2362 . Di'Ji~iOr'1 of l1.o¢d (, O!ldg~: (561) 4ó~-25, '1 F;";( «!Ò2.·2;j~ 0 , Di,i~;on of Soltd Woo-e: (561) 462·176.5 FAX 462-6987 )"1;'0" of ßo...ld:ng & ""s,::ecrians (56~) J62·'55J Fcx 4ð2·17J5 . TDO (561) 462·"428 03/25/02 JlON 1.1:14 FAX 517 371 9776 GRANGER Ig] 001 '-' ....., Granger III and Associates Jim 'Nixon., Sit"Manager 16980 Wood Road Lansing, MI 48906 Re: Con Cover Dear Ron Roberts: We bavÿ been using the 180 Con Cover for the past year, along with the SB Con Cover products. We have used the 180 in hydro seeding on 4 - ) slopes, and in a test plot area in the Landfill During this time we did not observe any erosion in the sloped area and felt the product held up adequately. In the test area, we applied the material in ~ area (Jf approximately 10,000 square feet at a Y. inch thickness. After a period of 1 month we went back in and ligb1ly sprayed the entire area as a touch up. This was applied in late January of 2001. The Con Cover was exposed for approximately 2 months before it was buried We use the SB product for our daily cover, We have been satisfied with the perfonnance of this product and found it held up exceptionally in rains and 50 mile-an-hour winds. We have been very pleased these products. There over all performance, we found to be acceptable. fÌL.h Jim Nixon Site Manager .... .. AGENDA REQUEST """'EM NO. C-3-D DATE: April 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PurchasinQ Michael Rath. Purchasinq Director SUBJECT: Bid Waiver and approval of agreements with Florida Property Consultants Group BACKGROUND: On November 20,2001 the Florida Communities Trust (FCT) awarded the County and the City of Ft. Pierce a grant in the amount of 60% of the project cost or $420,000, whichever is less, to purchase 236 acres of land adjacent to the existing Savanna Recreation Area. On February 26, 2002, the Board approved the FCT Conceptual Approval Agreement. This project consists of 72 parcels. The parcels will be acquired in 3 phases. Phase 1 consists of 28 parcels, Phase 2 - 24 parcels and Phase 3 - 20 parcels. Quotes were obtained from Florida Property Consultants Group and Fuller-Armfield-Wagner Appraisal & Research, Inc., as they are both FCT approved appraisers for Phase 1. Additionally, appraisals were required for 21 parcels for North Lennard Road MSBU. Quotations were requested from Florida Property Consultants and Dan Fuller. Florida Property Consultants Group submitted the lowest quote at $32,500.00. As the County will continue to require the services of professional appraisers, a companion item has been placed on the agenda to request permission to advertise for Appraisal Services to be ordered on an as-needed basis for property acquisitions throughout St. Lucie County, on a work order- specific scope basis services. FUNDS AVAILABLE: Funds in the amount of $34,200 are available in Environmental Land Capital Fund, Land Appraisals, South Savannas Acquisition Account No. 382-3915-561001-31012. Funds in the amount of $32,500 are available in Lennard Road 1, Roadway Capital, Land Appraisals, N. Lennard Road MSBU Account No. 396-4114-561001-4502. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the bid waiver and agreements with Florida Property Consultants Group in the amount of $34,200 and $32,500, and authorization for the Chairman to sign the agreements as prepared by the County Attorney. ITEM NO. C-3-D '-' DATE: April 9, 2002 PAGE 2 COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: County Attorney:(X) '>tt r /J.("f-) Originating Dept: Finance: (Check for Copy only, if Applicable) Mgt. & Budget (X) Other: ~ CONCURRENCE: tJl-t-, "- Doug Anderson - County Administrator '" Purchasing Mgr.:(X) ;if.....--- Other: Eft. 1/97 '" AGENDA REQUEST 11"-' NO. C- 1- fJr DATE: April 9, 2002 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution #02-100 And Acceptance of the USDOJ 2002 State Criminal Alien Assistance Program (SCAAP) Grant. BACKGROUND: S1. Lucie BOCC applied for and was awarded $3,206.00 on behalf of the St. Lucie Sheriff's Office for the federal reimbursement to 81. Lucie County Jail for detaining of criminal aliens. The 2001 funding represents a retroactive payment for reported criminal aliens held in the County Jail during the period from July 1, 2000 to June 30, 2001. FUNDS WILL BE AVAILABLE: 107130-2110-331210-200 USDOJ 2002 SCAAP Grant PREVIOUS ACTION: St. Lucie BOCC approved the grant application on 01/22/02. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve budget resolution #02-100 accept the grant award and authorize the County Administrator to sign the on-line acceptance form. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: tí'-t. ~ Doug Anderson County Administrator County Attorney: XX (Y/ Coordination/S ianatures Management & Budget: 'X.YI.3~Îrì~rchaSing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) XX G: \BUDGE'J\ WPlAGENDA'S\Agenda02\4 '9 SCAM_Gran!. wpd '-' RESOLUTION NO. 02-100 ..., . WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the US Dept. of Justice in form of a $3,206 State Criminal Alien Assistance Program Grant. 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 9th day of April, 2002, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: REVENUES 107130-2110-331210-200 Dept. Of Justice $3,206 APPROPRIA nONS 107130-2110-591900-200 Transfer to Sheriff $3,206 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 9TH DAY OF APRIL, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G;\BUDGEn WPIAGENDA'SlAgenda02\4'9SCAAP _ Grant.wpd State Criminal Alien Assistance Program Page 1 of 1 '-" ..,; State Criminal Alien Assistance Program ,"",.co",.".., e ~ Reporting Payments Correspondence SwitCh to ... ..:I Application Award Correspondence Read Mail New Mail To: Subject: Message: State Criminal Alien Assistance Program Re: Application Number 2002-F0379-FL-AP Sent Mail Old Mail Congratulations! Your FY 2002 SCAAP payment has been approved. Information about your jurisdiction's payment amount and instructions on receiving payment, will be posted on the SCAAP web page at URL http://www.ojp.usdoj.gov/BJA/html/scaapup.html. You will be able to accept the payment after 12:00 noon, Friday, March 29, 2002. Send a Message Help/Freauently Asked Questions GMS Home Back I hQQOff Authorization to accept the grant electronically: Douglas M. Anderson County Administrator Date https:/lgrants.ojp.usdoj . gOY IreadN ewCorrespondence. do ?corr ID=46 5 02 3/29/2002 State Criminal Alien Assistance Program . HelD/Frequentlv Asked Questions GMS Home LoO Off Page 1 of I "'" .." Slate Criminal Alien Assislance Program ''''·F.'',",c·A' 18 OMB Number: 1121·0243 Expires: 0212912004 Grant Number: 2002-AP-BX-0122 Jurisdiction: St. Lucie County Vendor Number: 596000835 Fiscal Year 2002 Payment Acceptance and Electronic Transfer of Funds The Bureau of Justice Assistance, (BJA) has completed review of the facility and cost data, and inmate data has been vetted by the Immigration and Naturalization Service for all eligible applicants that submitted an application for funding prior to the deadline for Fiscal Year (FY) 2002 funding under the State Criminal Alien Assistance Program (SCAAP). BJA is pleased to inform you that it has determined your jurisdiction to be eligible for a payment in the amount of $3,206. Funding amounts are determined on a relational basis and are not open to negotiation. The recipient acknowledges that BJA validates the data used to calculate the FY2002 SCAAP payments. BJA reserves the right to take appropriate administrative action including, but not limited to intensive monitoring, repayment action, or adjustment of future payments to resolve data discrepancies. To accept this payment you must click on the "Accept" button below and, by doing so, you are indicating your approval for these funds to be electronically transferred into your jurisdiction's account of record with the Office of Justice Programs (OJP) Office of the Comptroller (OC). If your jurisdiction accepted an award during prior SCAAP funding cycles, please check your fiscal records to ensure you have taken the steps necessary to have those funds moved into your local jurisdiction account. If you have questions or would like to confirm that your jurisdiction has drawn down all prior years' SCAAP funding, please locate your award documents and then contact the OC Customer Service Center at 800-458-0786. The Customer Service Center will need your OJP vendor number, award amount and the award information at the top of this page for each year in order to check on the status of your funding. ACCEPT I DECLINE I https:/ 1 grants .ojp. usdoj . gov 1 acceptDecline. do 3/29/2002 '. ...... 1 ) ...." State Criminal Alien Assistance Program (SCAAP) Purpose and Background The State Criminal Alien Assistance Program (SCAAP) is administered by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OlP), United States Department of Justice (DOl), in conjunction with the Immigration and Naturalization Service (INS). SCAAP provides Federal assistance to States and localities that are incurring costs of incarcerating undocumented criminal aliens who have been accused or convicted of State and local offenses. SCAAP is authorized by Section 241 of the Immigration and Nationality Act of 1990, as amended, 8 U.S.c. Part 1231(i). Click here to view an excerpt from the enabling legislation. Section 241 gives the Attorney General the discretion, in the event of an appropriation, to either assist States and localities with costs incurred in incarcerating qualifying criminal aliens or take such aliens into Federal custody. The Attorney General has exercised his discretion to use the [mancial assistance option by delegating program implementation authority through the OJP Assistant Attorney General to BJA. BJA is a criminal justice grant-making and administrative agency; SCAAP is a program that provides [mancial assistance only. Note that SCAAP is a payment program, not a reimbursement or entitlement program. Due to the constructive feedback from applicants, Congress, and other supportive DOJ agencies, there have been several major changes in SCAAP Fiscal Year (FY) 2002 dating from FY 2000. FY 2002 SCAAP SCAAP FY 2002 is managed entirely through the Web-based system. Applicants provide applicant, inmate, and facility data for a specified period during the formal application period. Once that application period closes, data are reviewed by BJA and INS. Approved data are processed by formula to determine an applicant's relative percentage of total SCAAP funding for that fiscal year. Therefore, as the formula is used to determine relative amounts of funding for individual applicants, application must be made during the formal application period. If the application period is missed, data for that year may not be submitted during a subsequent application period. The reporting period for SCAAP FY 2002 is July 1, 2000 to June 30, 2001. SCAAP Data FY 2002 SCAAP payment amounts will be detennined by fixed formula using a data set that has been refined from previous years based on BJA and other DOJ agencies' experience with the program. FY 2002 is both streamlined in regard to the application/payment systems, and payment amounts are determined using actual empirical data without any "data averaging" or "one-day sampling" techniques. The enhanced data processing capabilities of the new Internet-system allow for effective and efficient management of high volumes of empirical data through the formula process as well as ensure that payments will be available to applicants in less than four (4) months \rø i ..., 2 from the opening of the FY 2002 SCAAP application period, provided applicants take actions as indicated. Applicants will see several on-screen certifications that not only ask them to ensure the accuracy of the data and the presence of a file on-site that supports their on-screen data entries, but also that asks them to certify that they understand that the submission of fraudulent and/or misleading data will affect SCAAP funding to that jurisdiction. The FY 2002 application asks for the following types of data: Applicant: Data about each applying jurisdiction and individual contact information. Facility: Data about the total number of inmate beds; total inmate days for all inmates housed during the reporting period, including United States citizens, legal aliens, illegal aliens and individuals of unknown immigrant status; and the aggregate correctional officer salary costs, excluding benefits and overtime. Inmate: Inmate data continue to include the A-Number if assigned; last, middle and first name; date of birth; foreign country of birth; unique inmate number assigned by the applicant; date taken into custody and date released from custody, or the last day of the reporting period if the inmate is still in custody at the end of the reporting period. If an FBI number is known, that number can also be included. Inmate Data FY 2000 was a critical transition year for the SCAAP program. Applicants transitioned from scannable forms and disk modes of data transmission used in prior years to the new Internet-based, Web-designed SCAAP system. In FY 2000 applicants were pennitted to submit inmate data using their own formats as long as data dictionaries were also submitted. However, the FY 2000 system clearly established the standard inmate reporting format for all subsequent submissions of inmate data beginning in FY 2001. Beginning in FY 2001, the SCAAP process required that all data be submitted in the SCAAP system format. Click this line to review and print the required inmate data format and a sample data file. Applicants still may submit data via on screen data entry or by file upload as long as the standard data format is followed. It is not necessary to provide actual offense codes on the FY 2002 application but applicants are required to certify that either one felony or two misdemeanors have been committed by each inmate whose record is being provided for SCAAP funding purposes, and that this information is maintained at their site in a file that can be audited. Applicants mav not include any inmate records for individual inmates, for who payments, to cover the costs of incarceration, are received from other jurisdictions or the Federal Government, including, but not limited to, the Immigration and Naturalization Service (INS) and the U.S. Marshals Service, Applicants should include information relating to costs for undocumented criminal aliens that are housed in other locations at a cost to the applicant. AGENDA REQUEST ITE~. C-4B DATE: April 9, 2002 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 02-102 to establish the West First Street MSBU budget. BACKGROUND: The West First Street MSBU project has progressed to the point where an initial budget can be established. This project will fund the costs necessary in bringing potable water improvements in the subdivision. This MSBU project also has been selected as one that meets the criteria of the MSBU in-house loan program. Staff requests the Board's adoption of the MSBU budget to facilitate the project construction. FUNDS AVAilABLE: See attached Budget Resolution 02-102. PREVIOUS ACTION: July 24,2001 - Board accepted petition and granted permission to advertise the Initial Public Hearing. August 21, 2001 - Initial Public Hearing held; Board created MSBU and authorized County Engineer to proceed with project. November 6, 2001 - Board approved Interlocal Agreement with the City of Fort Pierce and FPUA. December 11, 2001 - Public Hearing held stating the County's intent to use Uniform Method of Collection Feb 5, 2002 - Board granted permission to z1vertise the Second Public Hearing. March 5, 2002 - Second Public Hearing held. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 02-102 establishing the budget for the West First Street MSBU. COMMISSION ACTION: [ ]- APPROVED [] DENIED ~l OTHER: Pulled CONCURRENCE: ~~ Doug Anderson County Administrator County Attorney: XX ~/ Coord ination/Siqnatures Management & Budget: XX Î/lf) ~ Purchasing: Orig Dept: Central Services: Other?l~.t¡J()(k.j.' '2-Þ Finance: (Check for Copy only, if applicable) ~ Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 561-462-1777 or TOO 561-462-1428 at least forty-eight (48) hours prior to the meeting. "" '-" .." "'" RESOLUTION NO. 02-102 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, an establishment of the West First Street MSBU budget has been determined through the County's Revolving Loan fund. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. 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 9th day of April, 2002, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2002-2003, and the County's budget is hereby amended as follows: REVENUES 37002-0000-387000-000 APPROPRIATIONS 37002 -4115-534000-38006 37002 -4115-563008-38006 37002 -4115-549114-38006 Advance In $ 71,500 Other Contractual Srvc Improv oft Bldgs-Advertising Gen and Administrative Fees $ 63,070 400 8,030 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward, Chairperson Commissioner Cliff Barnes, Vice Chairperson Commissioner Paula A. Lewis Commissioner Frannie Hutchinson Commissioner John D. Bruhn PASSED AND DULY ADOPTED THIS gh DAY OF APRIL, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' ...,I AGENDA REQUEST ITEM NO. C5 DATE: April 9, 2002 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: BACKGROUND: Sheriff's Office PRESENTED BY: William Simon Grant Administrator SUBJECT: Request for authorization to submit an electronic application for the 2002 Bulletproof Vest (BVP)Grant. St. Lucie County Sheriff's Office has filled out an electronic application to participate in the 2002 Bulletproof Vest Partnership program offered annually by the US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (USDOJ/OJP/BJA). This is a retroactive reimbursement grant awarded to localities and may award the Sheriff's Office up to 50% of the expenses for purchasing bulletproof vest. Sheriff's Office expected expenditures- $20,111.30 (55) Vests -Grant Application Reimbursement Request- $10,055.65. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve electronic submission 3!-the 2002 Bulletproof Grant application, and authorize the County Administrator to sign the , -----application. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [I DENIED [ ] OTHER: County Attorney: XX 0--c-, l Doug Anderson County Administrator Coord ination/Siqnatures Management & Budget: XX Purchasing: Other: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX · \...- ...I Review BVP Application for Funding Approval Jurisdiction: Application Id: Jurisdiction Contact: Application Status: Last Submission Date: ST LUCIE COUNTY 02012441 Maria Gomiewicz (561)462-1733 gomiewm@co.st-lucie.fl.us Open Application .-. ....." BVP Application for Funding Jurisdiction: Application Id: Jurisdiction Contact: ST LUCIE COUNTY 02012441 Maria Gomiewicz Status: (561)462-1733 gomiewm@co.st-lucie.fl.us Open Application Last Date Submitted to BVP: Quantity: 52 Unit Price: 365.66 Extended Cost: 19014.32 Tax, Shipping & Handling Cost: .00 Total Cost: 19014.32 Date Added: 04/0l/02 Change this item Remove this item Quantity: 3 Unit Price: Tax, Shipping & Handling Cost: .00 Total Cost: 365.66 Extended Cost: 1096.98 l096.98 Date Added: 04/01102 Change this itcm Remove this item Quantity: 55 Unit Price: N/A Extended Cost: 20111.30 Tax, Shipping & Handling Cost: 0.00 Total Cost: 20111.30 ~ ...J OMS No: 1121-0235 Expiration Date: 0413012003 Submit Application for Funding for BVP Approval Jurisdiction: Application Id: Jurisdiction Contact: ST LUCIE COUNTY 02012441 Maria Gomiewicz Status: (561)462-1733 gorniewm@co.st-Iucie.fl.us Open Application Last Submission Date: II II Nam. Q:=~:tyi Ex,.:;;:1 ~oxt! s & ~¿o,"" ~:~: : su:::o ¡ ![Jurisdictio!l Level [ _ 551 20111.30,[ .0011 20111.30 I _ ~~~~ II Grand~ot~ls ~_L__ . .55JL _20111.3__~L__ 0.0011 20111.30 1_ _____ I t. Reques.t'ed BVP P,<'rtion of Total Cost, up to: ~ Jl.!.QQ55.65¡1 __ ~_. _ ' 11:~!C)t~1 !.<l.X:f:).!õ.!.!)~ippi~~~ a n ~..Ii<ll1d in~ gost,forf:)achJ\Pplicati()n. ._. ..~ " ~'^~"._"._'..~ "_·"."'._n·~'.·^ .~,.~.., , ....,,, "~,, ~~_w·_·,._· .", ~_··_~___~_~____w .._A.pp!icati()Il~!or }êunding -. ._-~~ __~_··_o "."",·_w_~___ · . '-" ..; o o Very experienced o Experienced o nTH! CERTIFICATION ~. . 'TVi:ìi 1¡1:1':;f; H\í~¡n!:l" /:\/1 Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time for all components of a jurisdiction to complete and file this Application for Funding form is two hours. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you may use the Suggestions e-mail option on this BVP web site, or you may write to the BVP, c/o Bureau of Justice Assistance, 810 Seventh Street NW, Washington, DC, 20531. " AGENDA REOUEST ...., ITEM NO. C-6.A Date: April 9, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Courthouse Concession Agreement with Thomson Coffee Co., Inc. - Termination BACKGROUND: See C.A. No. 02-470 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A PREVIOUS ACTION: On January 2, 2001, the Board of County Commissioners approved an agreement with Thomson Coffee Co., Inc. to operate a beverage concession outside the S1. Lucie County Courthouse. RECOMMENDATION: Staff recommends the Board of County Commissioners find Thomson Coffee Co., Inc. to be in default under its January 2,2001 agreement with the County, terminate the agreement, and retain the full amount of the security deposit. COMMISSION ACTION: CONCURRENCE: [xl APPROVED [] DENIED [ ] OTHER: ~~ Douglas M. Anderson County Administrator County Attorney: ~ Coord i nation/Sil!ßatu res MgL & Budget: Purchasing" Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): ! "'" ~ ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 02-470 DATE: April 1, 2002 SUBJECT: Courthouse Concession Agreement with Thomson Coffee Co., Inc. - Termination BACKGROUND: On January 2,2001, the Board of County Commissioners entered into an agreement with Thomson Coffee Co., Inc. to operate a beverage concession outside the St. Lucie County Courthouse. On or about January 24,2002, Thomson Coffee Co., Inc. ceased operations at the site without notice to the County. Paragraph 15.01.A(4) of the January 2, 2001 agreement permits the County to terminate the agreement without notice in the event the vendor ceases operations. The agreement also required for the vendor to provide a deliver a security deposit to the County to guarantee its performance under the agreement equal to two month's rent or a total of one thousand and 00/1 00 dollars ($1,000.00). The vendor's last payment under the agreement was for the month of December 2001. RECOMMENDA nON/CONCLUSION: Staff recommends the Board of County Commissioners find Thomson Coffee Co., Inc. to be in default under its January 2,2001 agreement with the County, terminate the agreement, and retain the full amount of the security deposit. Respectfully submitted ~~o Heather Young Assistant County Attorney HY/ Copies To: Concurring Staff Clerk Secretary Press Public ... \ AGENDA REOUEST ...",; ITEM NO. C-6.B Date: April 9, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Criminal Case Management System - Interlocal Agreement with Clerk for OBTS Electronic Transmission Project Grant BACKGROUND: See C.A. No. 02-457 FUNDS A V AIL.(State type & No. of transaction or N/A): 107132-8191-331210-800 (OBTS Electronic Transmission Project) PREVIOUS ACTION: On February 19,2001, the Board of County Commissioners approved the OBI'S grant application on behalf of the Clerk. On February 26,2002, the Board of County Commissioners approved Budget Resolution No. 02-73 authorizing the appropriation and expenditure of the grant funds. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed interlocal agreement with the Clerk, and authorize the chairman to sign the agreement. COMMISSION ACTION: CONCURRENCE: ~~ ~c~ Douglas M. Anderson County Administrator [X] APPROVED [] DENIED [ ] OTHER: County Attorney: jY Coord ination/Silmatures Mgt & Buðg:;-1r'7lì}C5; Other: Purchasing: Originating Dept: Finance (Check for Copy only, if apPliCable):.l.ß Other: ~ '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 02-457 DATE: March 29, 2002 SUBJECT: Criminal Case Management System - lnterlocal Agreement with Clerk for FDLE OBTS Electronic Transmission Project Grant Administration BACKGROUND: The County, acting on behalf of the Clerk, applied for and was awarded an OBTS grant from the Florida Department of Law Enforcement for certain modifications and corrections to the Clerk's criminal case management system. The Clerk has completed the project and has submitted the required reports to FDLE. The County has received the grant funds as reimbursement for the costs incurred by the Clerk in completing the project. Attached to this memorandum is a proposed interlocal agreement between the County and the Clerk which provided for the County to transfer the OBTS grant funds to the Clerk in the amount of one hundred sixty-seven thousand nine hundred seventy-five and 00/1 00 dollars ($167,975.00) to reimburse her for the project cost. The Clerk will remain responsible for all audit, record retention and equipment maintenance responsibilities under the grant. RECOMMENDA nON/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed interlocal agreement with the Clerk, and authorize the chairman to sign the agreement. Respectfully submitted Heather Young Assistant County Attorney Attachment HY/ Copies To: Concurring Staff Clerk Secretary Press Public "'" ....., INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this _ day of , 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, hereinafter called "Clerk". WHEREAS, the County, acting on behalf of the Clerk, applied for and was awarded an OBTS Electronic Transmission Project Grant by the Florida Department of Law Enforcement, hereinafter referred to as the "OBTS Grant", for modifications and corrections to the Clerk's criminal case management system; and, WHEREAS, the Clerk has completed the work on the criminal case management system required under the OBTS Grant and has submitted the necessary reports to the Florida Department of Law Enforcement; and, WHEREAS, County has received the grant funds as reimbursement for the costs incurred by the Clerk in completing the OBTS Grant project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. COUNTY RESPONSIBILITIES. The County shall transfer the OBTS Grant funds to the Clerk in the amount of one hundred sixty-seven thousand nine hundred seventy-five and 00/100 dollars ($167,975.00) as reimbursement for costs incurred in completing the OBTS Grant 1- '-' ...., project. 3. CLERK RESPONSIBILITIES. The Clerk shall be responsible for complying with all audit, record retention, and equipment maintenance requirements under the OBT8 Grant. 4. AMENDMENT. The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of8t. Lucie County, Florida. 5. TERM: TERMINATION. This Agreement shall continue in effect from the day and year first written above until terminated by either party upon no less than sixty (60) days written notice to the other party. 6. INDEMNIFICATION. To the extent allowed by law, the Clerk agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs, and expense in any way arising out of or in connection with the performance of this Agreement. 7. NOTICES. All notices, requests, consents, and other communications required or permitted under this Agreement shall in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, and addressed to: As to County: With a copy to: County Administrator 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 8t. Lucie County Attorney 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 2- '" '....I t If to the Clerk: St. Lucie County Clerk of the Circuit Court S1. Lucie County Courthouse 221 South Indian River Drive Fort Pierce, Florida 34950 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 telecommunicated ifby telegraph, (c) on the date of transmission with confirmed answer back ifby 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. 8. AUDIT. The County agrees that Clerk or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the County involving transactions related to this Agreement. The Clerk agrees that the County or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Clerk involving transactions related to this Agreement. 9. PUBLIC RECORDS. The County and the Clerk shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by them in conjunction with this Agreement. 10. ASSIGNMENT. No party shall assign this Agreement to any other persons or firm without first obtaining the other parties' approval. 3- '-' ...." \ 11. FILING. This Agreement shall be filed with the Clerk of the Circuit Court of 81. Lucie County, Florida, prior to its effectiveness. 12. GENERAL. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the dates below stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESS: ST. LUCIE COUNTY CLERK OF COURT BY: JoAnne Holman DATE: g; \atty\agreemnt\interl Dele lerk, 0 B TS. wpd 4- .. , . , ""' ......,. Agenda Request Item Number Date: C-7,tt April 9, 2002 [X] [ ] [ ] Quasi-JD [ ] Consent Regular Public Hearing Leg. [ ] To: Board of County Commissioners SUBJECT: ity Development Director Simple Success Marketing Advertising Invoices Submitted By: Community Development - TOURISM BACKGROUND: Simple Success Marketing has been contracted to provide advertising services for the S1. Lucie County Tourist Development Council. The attached invoices in the amount of $3,077.70 representing costs for the following: $ 1,615.00 $ 1,462.70 Retainer Fee Media Placement Request approval for payment on the invoices for the month of March in the amount of $3,077.70. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: 611-5210-534000-500 Other Contractual Services N/A The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. COMMISSION ACTION: W APPROVED LJ DENIED D OTHER CONCURRENCE: ~~ Douglas M. Anderson County Administrator County Attorney ~ Originating Dep1.:~ Finance: COOrdinatio~res Mg1. & Budget: 0/ Other: Purchasing: Other: "" ....., SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PALM CITY, FLORIDA 34990 INVOICE (561) 287-2098 February 21,2002 5044 DOTE TO St Lucie County Tourism Department AnN: Gayb BaJWick 2300 Virginia A vc. Ft. Pierce, FL 34982 CUSTOMf:A <>F'O£R NO. SALESPERSON VIA TEAMS: Due Marcb I, 1002 QUANTITY DESCRIPTION PRICE AMOUNT Service Retainer March 1-31, 2002 $1615 00 TOTAL $ 1.615 00 THANK YOU c, ifiii!i) To_ 1I»2Z5-C:.O or....com \. '. "" SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PALM CITY, FLORIDA 34990 (561) 287-2098 TO 8t. Lucie Cowtty Tourism Department ATIN: Gayla Barwick 2300 Virginia Ave. Ft. Pierce, F1.. 34982 TERMS Due Upon Receipt ....", INVOICE F ebnwy 28, 2002 5126 DATE CIJSTOI.IE.R ORDER NO. SALESPERSON VIA QUANTITY DESCRIPTION PRIÇE AMOUNT Bergen Record Travel Section 2 Colx 5; B&W Insertion Dates: January 20th & 27th (Swtdays) TOTAL TOC/RISM RECOVER.}" AD S 1 462 70 $ 1,462 70 THANK YOU c I!iiiiiJ To_ eoo 225 t380 Of nIIM.com l _. ....,.. "'" ...", Agenda Request Item Number ~ Date: April 9, 2002 Consent Regular Public Hearing leg. [ ] [X ] [ ] [ ] Quasi-JD [ To: Board of County Commissioners Submitted By: Community Development SUBJECT: Consider the Land Acquisition Selection Committee's recommendation to appointment of the following five members to the Finance Subcommittee. Cliff Barnes - SI. Lucie County Commission Dr. Ed Novak - Homeowners Association E.H, Klueppelberg, Jr. - SLC Chamber of Commerce Rob Johnson - SI. Lucie County Farm Bureau Butch Terpening - At-Large Engineer The selected members will examine and evaluate other local government approaches to environmental land acquisition and research funding options to develop a recommendation as how to fund the Master Land Acquisition list formulated by the Land Acquisition Selection Committee. BACKGROUND: On March 28, 2002, the Land Acquisition Selection Committee recommended the Board of County Commissioners appoint the selected five members to serve on the Finance Subcommittee. FUNDS AVAILABLE: NfA PREVIOUS ACTION: On March 5, 2002 the Commission adopted Conservation Policy 8.1.8.12 ''The County shall by July 1, 2001, reappoint a Land Acquisition Finance Committee whose function shall be to develop a recommendation as to how to fund the master acquisition list formulated pursuant to Policy 8.1.8.11. The Committee may be organized as a subcommittee of the Land Acquisition Selection Committee. The Committee shall monitor the current and future finances of the Environmentally Significant Lands program" . RECOMMENDATION: Approve the recommendation of the Land Acquisition Selection Committee to appoint Cliff Barnes, Dr. Ed Novak, Mr. Klueppelberg, Jr, Rob Johnson, and Butch Terpening to the Land Acquisition Selection Committee's Finance Subcommittee. MMISSION ACTION: ULJ APPROVED D OTHER CONCURRENCE: DENIED ~~ Douglas M. Anderson County Administrator " " County Attorney Originating Dept.: Finance: Coordinationl Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND595a) " .. ¥ ...." COUNTY COMMISSION REVIEW: April 9, 2002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: April 2, 2002 Subject: Consider the Land Acquisition Selection Committee's recommendation to reestablish the finance subcommittee and to appoint the five members selected to serve on the subcommittee. Approval of the recommendation will reestablish the S1. Lucie County Land Acquisition Selection Committee's Finance Subcommittee that was dissolved in 1994. The reestablishment of the Finance Subcommittee will fulfill Policy 8.1.8.12 of the Conservation Element that requires the reappointment of the "Land Acquisition Finance Committee to develop a recommendation as how to fund the master acquisition list formulated Conservation Policy 8.1.8.11 ". Future functions of the committee will include monitoring of the finances of the Environmentally Significant Lands program. The previous finance subcommittee efforts resulted in a recommendation to the Board of County Commissioners that a voter-approved, general obligation bond was the most suitable means to pay for a native upland habitat preservation program. Ultimately, S1. Lucie County voters approved a November 8, 1994 referendum to "Acquire Environmentally Sensitive Land and Wildlife Habitat". The approval of the bond referendum provided $20,000 that has resulted in the public acquiring 6,049 acres for preservation in S1. Lucie County. Although the Environmentally Significant Lands (ESL) program has resulted in the preservation of native upland habitat in excess of initial estimates, the program was never expected to meet all the native upland habitat goals set forth in the County's Comprehensive Plan. To meet the Conservation Element goal to protect 12, 500 acres of native upland habitat, addition funding for the program must be identified. The first task of the Finance Subcommittee will be to review other community's method of funding environmental land acquisition and evaluate financial programs to determine the recommended method for St. Lucie County. Following completion of the finance subcommittee's work, the most suitable method to finance and continue preservation of lands through the County's Environmentally Significant Lands Program. The Finance Subcommittee will report quarterly to the Land Acquisition Selection Committee and .. . .. i '"', ....", April 2, 2002 Page 2 Petition: Finance Subcommittee Environmentally Significant Lands Program ultimately recommend the most appropriate method to fund the ESL program to the Board of County Commissioners. Staff recommends the Commission appoint Commissioner Barnes, Dr. Novak, Mr. Klueppelburg, Rob Johnson and Butch Terpening to the Land Acquisition Selection Committee's Finance Subcommittee. cc: County Administrator County Attorney Public Works Director Press/Public .. . /~ /" '-' AGENDA REQUEST lfEM NO.~ DATE: April 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS '- PRESENTED BY: Don McLam Project Manager SUBMITTED BY(DEPT):INVESTMENT FOR THE FUTURE(Central Services) SUBJECT: Approve Equipment Request EQ02-212 and Budget Amendment BA02-127 Purchase of a 20'x 8'x 8'6" container for use at the Rasmussen House BACKGROUND: The renovation of the Rasmussen House will take between 1 and 1 Yz years to complete. Within the renovation process there will be items (doors, interior siding, trim, etc.) that need to be saved, cleaned, refinished and put back Into the house. While the house Is being gutted, we' need to have a secure storage for tools, equipment and material. Cost of the container is $1,700.00. Once the Rasmussen House Project Is complete the container could be used at other construction sites or used as general storage. FUNDS AVAIL: 316-7240-562000-16010 (Buildings) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Equipment Request EQ02-212 and Budget Amendment BA02-127 to purchase a 20'x 8'x 8'6" metal container, in the amount of $1,700.00. MISSION ACTION: rxJ APPROVED [] DENIED [ J OTHER: CONCURRENCE: 'l7.A., '--- Doug Anderson County Administrator County AttorneY~ Originating Dep!. ~ Finance: (Check for Copy only, if Applicable) Other: Purchasing Mgr,: Jf'/ Other: Eff. 1/97 H:\Agenda-Storage Container.wpd -', -g :so_ ¡J¡ ~ Q E .Q.~ .E ;:, 0- ~ Q ~.!:i c: 8 - ... <::) co ~ 0 :5~ '"" <::) <: "'"":-(þ 10 ~Q) '"" (þ ~ <::) E- .E <::) <::) '1:; '" ;1; UJ -~ 10 0::: ôj;:' <::) WN .E: ~ ..". :Ö'" ~ zo ¡;¡ (þ 00 C/J 10 -~ ~ 5:2 '"" '- :>; C') W_ :E e Wo 1:;Q. -0 .<.... '-- :::i!:NN ¡(~ :::i!:0:::S2 o ~ 0«(7) o (þ ~.E: owS2 ",.s ~>-~ E c: ~ ..Jo ,S:! 8 w z<cw ë ";; .~ m ::)O~ w :e c .Q:S ::) OWc z :;::'õ z O¡¡ w ~ (þ ~ LLO:::~ :E ~ '" z oof3 :e Q~ ::) 0 s ~ 0 CLL::) 0 (þ ;:, 0 O:::~O W fgQ. ~ «WW ¡r: (þ OWO::: ~~ m::)« c: (þ . ~ac '" Q) Wz '" ~ ;:, 0 zO:::w E..c:: ::)~C> '" (þ oz« t2:s OW Q.E w:E S .S _c.. ....~ 0- o (.) ::)::) '" co "'.Q ..Jo ~'5 ,W ~ e Q. Q."t! W ~ c: c: o co :::;1:) S; ~ (þ ffi oi5 C:'- . C/J ~ tê .!2 -J Q) ~ .¡g C\ ~ ..c:: -.æ '"" -"t!co C\ Q)Q)E , ~ .c: c: ~ i::::CtJb ;:, .9! c: 0 Qoco UJ :it a ¡:.: w ¡r: z ~ w z :E w ~ :E ¡r: c( a.. a.. :5 w a c w ... BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: Central Services 04/02/02 04/09/02 TO: 316-7240-564000-16010 $1,700 FROM: 316-7240-562000-16010 Buildin s - Rasmussen House $1,700 REASON FOR BUDGET AMENDMENT: To cover the urchase of a 20' x8' x 8.6' container for use at the Rasmussen House ro·ect. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: !dLJ 02-127 G:IBUDGET\QUA TTROIGENERAL\FORMSIAMENDM02.wb3 .".,.,/ '-' -.....I AGENDA REQUEST ITEM NO: ~ DATE: April 9, 2002 Regu1ar[ ] Public Hearing [ Consent [X ] TO: Board of County Commissioners PRESENTED BY: Beth Ryder, Direct~ SUBMITTED BY: Community Services SUBJECT: Approval to apply to the U.S. Department of Justice Violence Against Women Office (VAWO) for a grant under the Safe Havens: Supervised Visitation and Safe Exchange Program (Supervised Visitation Progra~ on behalf of Exchange Club Castle Grant. BACKGROUND: In order to apply for the funds under the above grant, the applicant must be a unit of local government. The Exchange Club Castle would like to write and administer the above grant, but needs the Board of County Commissioners to be the official grant recipient. Attached is a brief description of the grant. There will be no match requirement from the Board. If the grant is awarded, a contract agreement with Exchange Club Castle will be brought to the Board for approval. FU~SAVAlL: NjA PREVIOUS ACTION: None RECOMMENDATION: Recommend that the St. Lucie County Board of County Commissioners approve the submission of the grant and authorize the Chair to sign documents necessary for the grant. [ ì APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~~ COMMISSION ACTION: Douglas M. Anderson County Administrator County Attorney:x x Coordination/Sirna lures Management & Budge~JP vJy¡fY7q !,-=h"sing: Originating Department: Other Orh= Finance:x Check for copy only, if applicable '04/01/2002 12: 23 ,\.,., 5614656013 '.I I4i 002 EXCHANGE CLUB CASTLE . '.. e.I, . Child Abuse Services, Training & Life E-.:u.ichment April!,2002 Dear :)3eth, Here is a. brief ol).tliue of the '~Safe Havens" grant from the Violence Against Women Office, This grant requires that a local unit of government be the applicant. If the county can serve in this role, the CASTLE can write and submit the grant. We should only have SOme minor procedural issues rega¡:ding the use of county resources prior to the submission, including budgeting for the county's administration of the funds. The turnaround time is fairly short, with a letter of intent to file due by April 3, 2002; registration with the GrantS Management System due by April 10. 2002; and submission of the completed appJication by April 24, 2002, The letter of intent to file is not a prerequisite for applying. The.Sa:fe Havens funding is intended,to create safe places for vjsitation with and exchange of children in cases of domestic violence, child abuse, sexual assault, Ç)r stalking, The focus is the safety of children and custodial spouses. This funding is being sought by' the CASTLE to expand services at the. Valued Visits programs in St. Lucie County and Vera Beach, and to open a. visitation center in Martin County. The two Valued Visits sites currently operating have been widely accepted by the COI:llllunity, with the Fort Pierce site at capacity, and ilie Vero site near:ing capacity. One or the main goals of seeking Safe, Havens funding is to expand the number of days the programs are. open, thus creating more. capacity for both pI'ograms. Another goal is to open a center in Martin County, which currently does not have a Supervised Visitation program. I v.ill send you the web site of the VA WO, on which you can locate the proposal. If you need a hard copy of the proposal, I will provide that also. Please let me know if there is anything, else you need. , ~_.~in~relY, ê-~~~ "- ~B;~( . . Assistant Dire~' . EXCHANGE CLUB CASTLE Mailing Address: PO, Box 12908 · Fort Pierce, FL 34979 Office: 3525 SW Midway Road- Fort Pierce, FL 34981. Voice: 561.465.6011'- Fax: 561.465.6013 · Email: tgarbarino-may.exchangecastle.org S:=¡;;n:iCfI;:d '0 p~r\ by exct"a~ CI!Jos. OCF. Un;ted Wa~ ollndlsJ"l AiYl!I', Wta.r:Jr't . s:r.. LJ::e;:n-'CS tn:ec.::hctcç CQ\,r,tI~. Childre:""! Se:-y;ctS CQLIf'I<:;ls cr Mêlr1:n o'Jnd $1. LiJÇ & Coumi4J$, CSN 0: r~s.·· R ri'r' Count)'. Violènce Agains\...fomen Office - Safe Havens: Supmised Visitation and Safe ~ange... Page 1 of 6 e ~.~ , . .":":. '0.... - Safe Havens: Supervised Visitation and Safe Exchange Grant Program About Violence Against Women Office (VAWO) What's New State-by-State VAWO Grant Activities Program Brief INTRODUCTION .. The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program), established by the Violence Against Women Act of 2000 (VAWA 2000), provides an opportunity for communities to support supervised visitation and safe exchange of children, by and between parents, in situations involving domestic violence, child abuse, sexual assault, or stalking. Studies have shown that the risk of violence is often greater for victims of domestic violence and their children after separation from an abusive situation.ill Even after separation, batterers òften use visitation and exchange of children as an opportunity to inflict additional emotional, physical and/or psychological abuse on victims and their children. Projects funded under the Supervised Visitation Program should be grounded in the belief that domestic violence is an attempt by one family member to gain control over other family members. Visitation and exchange services, provided through the Supervised Visitation Program, should reflect an understanding of the dynamics of domestic violence, sexual assault, and stalking; the impact of domestic violence on children; and the importance of holding offenders accountable for their actions. Press Releases and Remarks Publications Questions? Comments? askOCDa@) OiD.usdoi .aov Back to VAWO )-IQmß BacU-º_ 01f' Home ELIGIBILITY By statute, grants under the Supervised Visitation Program may be awarded to States, Indian tribal governmentsill , and units of local governmentm that propose to enter into or expand the scope of existing contracts and cooperative agreements with public or private entities to provide supervised visitation and safe visitation exchange of children, by and between parents, in situations involving domestic violence, child abuse, sexual assault or stalking. SCOPE OF PROGRAM STATUTORY CONSIDERATIONS VAWO is interested in funding jurisdictions which have http://www.ojp.usdoj.gov/vawo/safehaven_desc.htm 4/1/2002 Violence Against \.ñnen Office - Safe Havens: Supervised Visitation and Safe EVnge... Page 2 of 6 implemented, or plan to implement, innovative programs to increase supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual assault or stalking. The following statutory considerations wiII be taken into account when awarding grants: · The number of families to be served by the proposed visitation programs and services; · The extent to which the proposed supervised visitation programs and services serve underserved populations;ill · The extent to which the applicant demonstrates cooperation and coIIaboration with nonprofit, nongovernmental entities in the local community served, including the State or tribal domestic violence coalition, State or tribal sexual assault coalition, local shelters, and programs for domestic violence and sexual assault victims; and · The extent to which the applicant demonstrates coordination and collaboration with State and local court systems, including mechanisms for coml'flunication and referral. PROGRAM ACTIVITIES The Office of Justice Programs is interested in funding jurisdictions which have implemented, or plan to implement, innovative programs to increase supervised visitation and safe exchange options for families with a history of domestic violence, child abuse, sexual assault or stalking. Projects which may be funded by the Supervised Visitation Program include, but are not limited to, those that address: · Establishment or expansion of supervised visitation and exchange services; · Development of community-based advisory committees to plan and/or implement visitation and exchange of services; · Development and implementation of policies and procedures regrading security, intake, case referral, record keeping, and confidentiality; · Enhancement of program services to address special needs of the target population (e.g., therapeutic services, directed visitation services, parent education groups); and · Development and implementation of effective training for project staff and volunteers. All projects must be developed in coIIaboration with State or local courts and nonprofit, nongovernmental domestic violence or sexual assault programs. The role htto:/ /www.ojp.usdoj.gov/vawo/safehaven_desc.htm 4/1/2002 Violence Against '-men Office - Safe Havens: Supervised Visitation and Safe L...Jange... Page 3 of 6 of the nonprofit¡ nongovernmental program should be meaningful and ongoing and include compensation for participation. Applicants are strongly encouraged to develop projects to increase supervised visitation and exchange options for clients with limited English proficiency and other traditionally underserved populations. MINIMUM REQUIREMENTS By statute¡ all applicants must: · Demonstrate expertise in the area of family violence¡ including the areas of domestic violence or sexual assault¡ as appropriate; · Ensure that any fees charged to individuals for use of programs and services are based on the income of those individuals, unless otherwise provided by court order; · Demonstrate that adequate security measures¡ including adequate facilities¡ procedures¡ and personnel capable of preventing violence, are in place for the operation of supervised visitation programs and services or safe visitation exchange; and · Prescribe standards and protocols by which supervised visitation or safe exchanges will occu r. ACTIVITIES THAT MAY COMPROMISE VICTIM SAFETY Ensuring victim safety is a guiding principle of the Supervised Visitation Program. Experience has shown that certain practices compromise victim safety rather than enhance it. For example¡ failing to provide adequate security during supervised visits and exchanges may place victims at greater risk of continuing or escalating violence. Accordingly, consistent with the goals of assuring victim safety and holding perpetrators accountable, applicants are discouraged from proposing any of the activities listed below: . Mediation, alternative dispute resolution, or family counseling as response to domestic violence¡ sexual assault¡ or stalking. Mediation implies that all parties are responsible for the abusive behavior of the perpetrator. Mediation also presumes that all parties have equal power and can negotiate a mutually agreeable settlement. Where there is domestic violence, sexual assault¡ or stalking¡ however¡ one party has controlled the other through sexual¡ physical¡ http://www.ojp.usdoj.gov/vawo/safehaven_desc.htm 4/1/2002 Viol~nce Agains~men Office - Safe Havens: Super\'Ìsed Visitation and Safe Vange... Page 4 of 6 emotional, and lor economic abuse. Even the most skilled mediator or therapist cannot shift the balance of power when one party has abused or assaulted the other, making mediation and family counseling dangerous and ineffective in such cases. · Offering perpetrators the option of entering pre- trial diversion programs. Diversion programs and alternative dispositions can send a message to victims and perpetrators that abuse is not a serious crime. These programs also become problematic when they are of a relatively short duration, do not require that the offender's behavior be monitored regularly, or are used as a means of managing the docket rather than serving the interests of justice. · Batterer intervention programs that do not use the coercive power of the criminal justice system to hold batterers accountable for their behavior. Such programs must be part of a graduated range of sanctions that uses the coercive power of the criminal justice system to hold abusers accountable for their criminal actions and for chan.ging their behavior. Above all, victim safety must be a priority. For that to occur, batterers must take responsibility and be accountable for their violence. Programs that focus on controlling anger and impulses, managing emotions, developing communication skills, and dealing with stress are not designed to hold batterers to this level of accountability. · Provision of services on the condition that victims seek protection orders, counseling, or some other course of action with which they disagree. Adult victims are in the best position to know what actions wouid increase or jeopardize their safety. Courts and supervised visitation programs should not mandate counseling or other services for victims as a requirement to receiving visitation or exchange services. Programs should refer clients to victim service agencies for information about possible legal remedies and available social services. · Programs that exclude victims and their children from receiving services based on their age, immigration status, race, religion, sexual orientation, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children. Victim safety is compromised when victims are excluded from services. Programs should institute policies and procedures which ensure that visitation and exchange services are available to all victims of child abuse, domestic violence, sexual assault or stalking. http://www.oip.usdoi.gov/vawo/safehaven_desc.htm 411/2002 Violence Agains~men Office - Safe Havens: Supervised Visitation and Saf~change... Page 50f6 For more information about the Safe Havens: Supervised Visitation and Safe Exchange Program, please contact: Violence Against Women Office Office of Justice Programs 810 Seventh Street N.W. Washington, DC 20531 Telephone: 202-307-6026 Fax: 202-305-2589 http://www.oiD.Usdoj.Qov/vawo Notes 1. Jaffe, P.G., "Children of domestic violence: Special challenges in custody and visitation dispute resolution." In J. Carter, C. Hostler & M. Runner (E's.), Domestic violence and children: Resolving custody and visitation disputes, a national judicial curriculum, (San Francisco: Family Violence Prevention FundL pp. 22-30. 2. For the purposes of this grant program, Indian tribe is defined 'ilS any tribe, band, nation or other organized community, including an Alaska Native village or regional or village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.c. 1601 et seq.), which is recognized as eligible for the special program and services provided by the United States to Indians because of their status as Indians. (25 U.S.c. Section 450(b)(e)). Any applicant representing a consortium of tribal governments and/or organizations must submit a resolution for the constituent tribal governments and/or organizations supporting the application. 3. For the purposes of this grant program, a unit of local government is any city, county, township, town, borough, parish, village, or other general-purpose political subdivision of a State; an Indian tribe that performs law enforcement functions as determined by the Secretary of the Interior; or, for the purpose of assistance eligibility, any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia, and the Trust Territory of the Pacific Islands. Local courts, police departments, pre-trial service agencies, district or city attorneys' offices, sheriffs' departments, probation and parole departments, shelters, nonprofit, nongovernmental victim services agencies, and universities are not units of local government for the purposes of this grant program. These agencies or organizations may administer grant funds and assume responsibility for the development and implementation of the project, http://www.ojp.usdoj.gov/vawo/safehaven_desc.htm 4/1/2002 Violence Agains~omen Office - Safe Havens: Supervised Visitation and Saf~hange... Page 6 of6 but they may not apply directly to the Violence Against Women Office for support. 4. The term "underserved populations", as defined in section 2003 of Title I of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.s.e. 3796gg-2), includes populations underserved because of geographic location (such as rural isolation), underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the State planning process in consultation with the Attorney General. J-Ielp is available - Call the National Domestic Violence Hotline at 1-800-799-SAFE or 1-800- 787-3224 (TDD). ~ http://www.ojp.usdoj.gov/vawo/safehaven_desc.htm 4/1/2002 ~\ - - AGENDA REQUEST 'wIÌ ITEM NO. (,,-1 0 DATE: April 9, 2002 CONSENT [X REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Central Services SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: )¡ APPROVED ] OTHER: County Attorney: Originating Dept: Finance: PRESENTED BY: Roger Shinn Director Authorize staff to submit a grant application to the Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program (FBIP) for $70,000 to construct a restroom at the soon to be constructed Ft. Pierce Inlet Boat Ramp Facility (Little Jim Bridge). In addition, approve the Resolution No. 02-101 authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County, Florida. The Florida Fish and Wildlife Conservation Commission have announced the availability of funds to assist in the development of boating facili ties. After reviewing potential proj ects, staff recommends submitting a grant application for restroom facilities at the soon to be constructed Ft. Pierce Inlet Boat Ramp and waterfront park. Grants from Florida Inland Navigation District and annual allotments from the Florida Boating Improvement Program can all be used as a match for this grant application. Although all of the grants and county dollars were allocated for the boat ramp facility and parking, there was not enough funds to build the restroom. A South Florida Water Management District Alternative Water Supply grant with a match of County Utility funds will cover the installation of reuse water lines to the park facilitating restroom construction. A total of $1,083,028 of grant and county funds have been identified for this project. Florida Inland Navigation District and Florida Boating Improvement Program Fund allocations are acceptable œatches for this project and can be found in nine accounts ending in 7954. On December 11, 2001 the Board approved the most recent agenda item for this project to transfer FBIP and North Hutchinson Island Alternative Development Fees to assist with construction funding. Staff recommends that the Florida Boating Improvement Program grant application be submitted for funds to construct a restroom. In addition, approve the Resolution No. 02-101 authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County, Florida. CONCURRENCE: DENIED ~'-- Douglas Anderson County Administrator /1 ,cb. V Coordination/Si Mgt & Budget: îß{) Public Works: Purchasing: Other: '- .....; RESOLUTION NO. 02-101 A RESOLUTION AUTHORIZING THAT THE PROJECT MANAGER HAS THE AUTHORITY TO APPLY FOR AND ADMINISTER THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT ON BEHALF OF ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, the St. Lucie County Board of County Commissioners is interested in carrying out the following described project for the enjoyment of the citizenry ofSt. Lucie County and the State of Florida: Project Title: Ft. Pierce Inlet Boat Ramp Facility Total FBIP Grant Request: $70,000 Brief Description of Project: To construct a boat ramp facility, parking, and restroom facility on North Hutchinson Island adjacent to the Indian River Lagoon. AND, Florida Boating Improvement Program financial assistance is required for the program mentioned above, NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie, Florida that the project described above be authorized, AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies the following: 1. That the Project Manager, Don McLam, is authorized to apply for and administer the grant on behalf of the applicant, Board of County Commissioners of St. Lucie, Florida. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached. 3. That it is willing to enter into a twenty year agreement with the Florida Fish and Wildlife Conservation Commission. 4. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said St. Lucie County Board of County Commissioners for public use for a minimum period of twenty years. 5. That it has the capability to complete this project within a one-year period or other stipulated completion period by providing a schedule of activities. 6. That the project activities are on land leased by the St. Lucie County Board of County Commissioners for a period in excess of twenty years and that it has the legal ability to make improvements on the site. 7. That it will not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent ofthe Title VI ofthe Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. PASSED AND DULY ADOPTED this 9th day of April, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ; JOd~ Bonet - Fort Pierce ~ BoatRamp Facility , -,--,-~----------......,..---,~---~---" PageTI From: To: Date: Subject: Diane Pauley Bonet, Jody 4/1/02 1 :24PM Fort Pierce Inlet Boat Ramp Facility Jody, Hello, In response to your message here is the info you requested, are you ready for all this????????? (all)FBIP Funds: 001003-7240-563000-7954-$100,852.30 001229-7240-563000-7954-$110,288.00 001005-7240-563000-7954-$69,180.00 001006-7240-563000-7954-$89,026.00 USFW(matched with DEP) 001138-7240-563000-7954-14,001.00 FIND (matched with DEPllmpacUFBIP/FBIP) 001808-7210-563000-7954-$251986,00 DEP "LLI" 001241-563000-7240-7954-$346,174.00 Park Impact 310002-7210-563000-7954-$29,752.00 NHIADF(N. Hutchinson Island Alternative Development Fees) 31004-7240-563000-7954-$100,852.30 All this adds up to our P.O. we have cut for $1 ,083,028.30. If you need anything else, just ca!1. Diane \.. ...., \SMNEiz, t-'E'-,:",,¡{.,, ....~ ~~"c, . ,..;,\~ ~.-w . '_,~ ~-~~~ ~.'.".'>'~'J~'.'.. "".. " \to, >':::>_:':: á'¡' '¡. *).."-'·::"r·- 1.J2 'V·~>2", ,.'10 B.,,~;;; ~" ,~Ç~f~ ~"4~~ l-"'r'ON (.0 ~',.t":r~!!<, .,~o. ' ~ ~,.~ :)~' 1 ~:~7tt\',~.,. ,t\,. ".'\: ·V~;f;~~~~ 0 B' '~~.i:;,,,,,,.,,,y;;; Z"'~:"--~J~ ~~'1~"- 41"ION c.0 FLORIDA FISH AND \VILDLIFE CONSERVATION COì\IMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRAL'\T APPLICATION "C. . FOR OFFICE USE ONLY Grant Application Number: ,. , . < . .' .:-c- I Date Receiyed: Fiscal Year: 2002-2003 ,.. rll' II h L fl I bl n ma sectIOns t at applY - eave a ot ¡er sectIons aJ7.~ I - APPLICANT INFORMATION Applicant or Entity Name: Federal Employment Id. No.: 596000835 · St. Lucie County Board of County Commissioners Telephone No.: Fax No,: Suncom No.: (772)462-1514 (772)462-2 J31 e-mail: , donm@co.st-lucie.fl.us , Applicant Mailing Address: City: Zip Code: 2300 Virginia Avenue Fort Pierce 34982 Project Manager Name: Title: Don McLam Central Services Projects Manager - , , County: St. Lucie Longitude: \\' 80 018 '36 Waterbody: Indian River Lagoon i II _ PROJECT LOCATION Facility Name: ! Fort Pierce Inlet Boat Ramp , District Numbers Latitude: N 27028' 20 US Congress: 16 State House: 78 State Senate: 27 County Commission: 5 i Facility Street Address or Location: , I Immediately east of Little Jim Bridge on the south side of North Causeway Drive, Fort Pierce, Florida I · Type of Application: III - PROJECT SUMMARY (8New (never considered before) o 1- Recreational Channel Marki..-¡g (8 11- Public Launching Facilities D Reconsideration DPhased Continuation- Phase No,: , Type of Project: D III- Aquatic Plant Control D IV- Other Local Boating Related Activities · Grant Funds Requested S 70,000.00 : Project Description: i This project is to develop a public boat launching facilit)' on Short)"'s Slough of the Indian River Lagoon. The facilil)' will have four launching lanes, three 40' boarding docks, two 52' tie-up docks, fift)"-one boat trailer parking spaces, ten automobile parking spaces, and restrooms. The facility will help relieve congestion that occurs at most current public launching facilities in S1. Lucie County on frequent weekends due to an influx of boaters from inland counties. This project has receh'ed financial support from the Florida Legislature, the Florida Inland Navigation District, and St. Lucie COUllt)·'S Boating Improvement Program. It additionally has received public support from the 1'0rth Hutchinson Island Howeowners Association and local sport fishing groups. The project has been in the process of development for greater than six years. Funding limitations have resulted in repeated postponements. Revised 1212001 '- ......" , - GENERAL FACILITY INFORJ\LUION Upland Ownership: o Public- Fee Simple 181 Public· Lease o Number of Years Remaining in Lease 47 Name of Owner Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Ipe of Facility: o Primitive o Small (I lane ramp) o Medium (2 lane ramp) 181 Large Regional (3+ )a:Je ramp) o Tie-up/Overnight/j\fooragefMarina o Other this facility open to the general public? 18! Yes DNo ¡timate Percent (%) Use of Launching Facility: 95 Ì\lotorboats!Sailboats 5 Non-Motorboats Jay Use, Parking or Launch Fee Amount: SO.OO Tie-up/Overnight Moorage: S 0.00 ames of adjacent boating facilities, public and private (ramps,~ti~·up facilities/marinas) within a lO-mile radius. Name Distarrèe Name Distance Ft. Pierce Marina - Municipal 3 miles 6 Harbortown Marina - Private 1.5 miles North Causeway Island Park - Public 0.7 mile 7 Pelican Yacht Club - Private 1.5 miles South Causeway Island Park- Pu~lic 2 miles 8 Ft. Pierce Inlet Marina - Priyate 2 miles Taylor Creek Marina- Private 1.5 miles 9 Moore's Creek Boat Ramp - Public 3 miles Black Pearl Boat Ramp- Public 2.5 miles 10 Jaycee Park Boat Ramp - Public 3 miles , _ FACILITY COMPONENTS AND USE - EXISTL"i'G COXDITlONS [umber of Launch Lanes: Length of Boarding Docks: Ft o Asphalt o Concrete OOther o \V ood D Aluminum DOther 'ype of Ramp: Type of Dock: ~ondition: DPoor o A wrage DGood Condition: o Poor D Average DGood -lumber of Boat Trailer Parking Spaces: Length of Tie-up Dock or Moorege: Ft or Slip o Asphalt o Concrete D°Ùl~r o Asphalt D Concrete o Other s fype of Parking: Type: DSlip D Broadside :::ondition: DPoor DA\'~rage OGood Condition: o Poor D Average DGood )ther Facility Attributes: Jump out or Dump Station: DYes DNo Zestroom: DYes ONo 2 '- ..."" VI - PROJECT NEED List Primary Need for Project: o Safety t8! High Demand by Users D Recommended by FWC Staff D Lê.ck of In-house Capability o Age-end of Useful Life o Environmental Needs of the Area o Other: Known Public Support: (Name) t8! Adjacent Land Owners t8! Users Groups I8J Neighborhood Assoc. I8J Loca]JStateiFederal Government I8J Legislature o Other Florida Division of Recreation and Parks, Little Jim Bait and Tackle Fort Pierce Sport Fishing Club North Hutchinson Island Homeowners Association U.S. Fish & Wildlife Service, Florida Inland Navigation District, 51. Lucie County The Florida Legislature has contributed $476,000 to this project Known Public Opposition: (Name) o Adjacent Land Owners D Users Groups o Neighborhood Assoc. D LocaV5tateiFederal Government D Legislature D Other VII - PROJECT ENGINEERING A1\1) CONSTRUCTION Who is or will be completing project design/engineering? o Applicant Own Staff I8J Consulting Engineers o NIA (Materials or Equipment Purchase) o Other: Level of engineering completed at time of application: o None o Conceptual (Master Plan Phase) o Preliminary !8! Final (Ready to Bid) -Ias a preliminary or fmal engineer's cost estimate been developed for this project at time of application? I8J Yes DNo f yes, please attach a copy of detailed engineers cost estimate to application. ?referred period of construction (based on user activity, weather and water level): OWinter o Spring o Summer D Fall t8! An:1ime of the Year "ised 1212001 3 \.. ...., vm - PROPOSED PROJECT COMPONENTS Note: See Procedure Guide for definitions, Check all tltat apply Replacement Expansion New Engineering/Planning Recreational Channel Marking 0 0 0 0 JubJic L<lunching Facility (Boat Ramp) 0 0 f8J 0 \quatic Plant Control 0 0 0 0 )ther Local Boating Related Activities: Boarding Dock 0 0 f8J I 0 Transient Tie-up 0 0 ~ 0 Overnight Moorage 0 0 0 0 Restroom 0 0 f8J I 0 Access Road 0 / 0 ~ I 0 Paved Parking - t8) I 0 - 0 0 Non-Paved Parking 0 0 0 0 I Curbs, Signs, Markings and Lighting 0 I 0 t8) I 0 Fi.xed Pier 0 0 [8 I 0 Vessel Waste Facility 0 I 0 0 0 Debris Deflection Boom 0 I 0 0 0 Piles 0 I 0 [8 0 Dredging 0 I 0 0 0 0 0 0 0 Other: 0 0 0 0 - PROPERTY VALUE ~ Acres: 14.68 +/- ¡raisal Completed: 0 Yes Assessed Value: $Not used as match t8)No Current Zoning: Institutional d J212001 4 ~ ...., XIV - REQUIRED APPLICATION ATTACHMENTS CHECK LIST r 1. An adopted Resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. ¡ r 2. Boundary map of the project area. The map must provide a description and sketch of the project area boundaries, displaying known easements, and legallv sufficient to identify the nrocrram area. r 3. Site control documentation (e.g. deed, lease, results of title search, etc...) for the project site. If the county is applying on behalf of a local body of government, then an inter-local agreement between the local body of government and the countv must also be submitted. r 4. Existing Condition Photographs sufficient to depict the physical characteristics of the project area. r 5. Aerial Photographs marked with the approximate boundaries of the project site. I 6. If applicable, an 8.5" xl 1 " photocopy (project site vicinity only) of a current NOAA North American Datum 83 r nautical chart (provide the NOAA chart name and number) indicating the precise location of the project site. NOAA charts may be obtained from: Distribution Branch (N/CG33), ì'\OAA-National Ocean Service, 6501 Lafayette Avenue, Riverdale, Marvland 20737. r 7. Photocopies of necessary project permit(s) or permit application(s). r 8. Engineering Cost Estimate (if completed). r 9. Preliminary DesignlEngineering Plans (if completed). r 10. Application transmittal cover letter (Identify priority rank with multiple applications). r 11. One (1) original application. r 12. Five (5) copies of application. - , APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicants governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project if so approved. Printrrype Name Title Applicant Signature Date STATE OF FLORIDA, COUNTY OF ( ) Personally appeared before me this _ day of ,200-, subscribed and swore to the above instrument in my presence. ,who Notary Public Name: My commission expires: NOTE: Instruction and further information regarding this application and the Florida Boating Improyement Program can be found io the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife Cons'ervation Commission, 620 South Meridian Street, FL 32399-1600. Telephone (850) 487-3755. Revised 1212001 8 ....... ~ ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA April 9, 2002 1. MINUTES Approve the minutes of the meeting held March 26, 2002. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 26 and No. 27. 2. PURCHASING Amendment No.3 to Agreement No. C99-01-207 with Aeration Industries International, Inc. (aka Aeration Industries) for Aero II - Series II Horizontal Aspirating Aerators and Aerator Parts - Consider staff recommendation to approve the amendment, renewing the annual agreement at the fixed pricing specified, and authorize the Chairman to execute the agreement. 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 II rccunJ of' the proceedings and f()r slIch purpose may need to ensure that a verbatim record of the proceedings is made. Upon the ('cquest or any purty to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the pmceedings will he granted an opportunity to cross-examine any individual testif}'ing du.-ing a hearing upon request. Anyone with a disahility requiring ill'l'ummodation to attend this meeting should contact the St. Lucie County Conununity Services Manager at (561) 462-1777 01' TDD (561) 462-1428 at least rorty-eight(48) hours prior to the meeting, \. ....., ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA April 9, 2002 1. MINUTES Approve the minutes of the meeting held March 26, 2002. 2. GEN'ERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants Ust No. 26 and No. 27 2. PUBLIC WORKS Engineering / South County Post-Storm Condition Study - Consider staff recommendation to approve Amendment NO.1 to FDEP Project Agreement (Contract No. 0ISLl), and authorize the Chairman to execute the amended agreement. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board ¡:¡l these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross,examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462- 1 ïïï or TDD (561) 462,1428 at least forty,eight(48) hours prior to the meeting, 04/05/02 F7.ABWARR FUND 145 TITLE '-'" ST. LUCIE COUNTY - BOARD '-' WARRANT LIST #27- 30-MAR-2002 TO 05-APR-2002 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: EXPENSES 50,726.72 50,726.72 PAGE 1 PAYROLL 0.00 0.00 '-" """" 03/29/02 ST. LUCIE COUNTY - BOARD PAGE 1 F'7.ABWARR WARRANT LIST #26- 23-MAR-2002 TO 29-MAR-2002 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 2,804.74 23,092.39 GRAND TOTAL: 2,804.74 23,092.39 0;e , AGENDA REQUEST "'-1TEM NO. C-· 2 DATE: April 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY: Purchasinq Department Michael Rath. Purchasinq Director SUBJECT: Amendment NO.3 of Agreement No. C99-01-207 with Aeration Industries International, Inc. (aka Aeration Industries) - for Aero II - Series" Horizontal Aspirating Aerators and Aerator Parts BACKGROUND: The Board previously approved Amendment NO.1 and 2 to Agreement No. C99-01-207 with Aeration Industries, to provide Aero II - Series" Horizontal Aspirating Aerators and Aerator Parts, under its annual renewal clause. These aerators were originally selected for purchase through a competitive bid process, in which Aeration Industries, Inc. was the low bidder. The aerators have proven to be extremely effective, and have turned out to be a perfect fit for the Mosquito Control operation because of their ability to resist saltwater impacts, their durability and their lightweight (a significant safety issue). The contractor has agreed to extend the contract per the fixed pricing specified in Exhibit "D". FUNDS AVAILABLE: Funds are available in the Mosquito Control, Equipment Maintenance Account No. 145-6230-546000-600. PREVIOUS ACTION: The Board approved Amendment No.1 to Agreement No. C99-01-207 on April 7, 2000, and approved Amendment No.2 on March 13, 2001. RECOMMENDATION: Staff recommends that the Mosquito Control District Board approve Amendment No.3 of Agreement No. C99-01-207, renewing the annual agreement with Aeration Industries International, Inc. at the fixed pricing specified in Exhibit D, and authorize the Chairman to execute the Agreement. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~'-- Doug Anderson County Administrator County Attomey:(X) ~~/ Purchasing Mgr,:(X) /1 [(.:-. Originating Dept:: Other: Other: Finance: (Check br Copy only, if Applicable) Eft. 1/97 '-' ~ , TillRD AMENDMENT TO JANUARY 12, 1999 CONTRACT TillS THIRD AMENDMENT, made this _ day of , 2002, between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing District of the State of Florida, hereinafter called the "District", andAERA TIONINDUSTRIES INTERNATIONAL, IN c., a Minnesota corporation, or his, its or their successors, executors, administrators, and assigns hereinafter called the "Vendor": WHEREAS, on January 12,1999, the parties entered into a Contract wherein the Vendor agreed to provide aerators and aerator parts to the District through and including March 31, 2000, hereinafter referred to as the "Contract"; and, WHEREAS, on April 7, 2000, the parties entered into a First Amendment to the Contract to extend the tenn through and including March 31,2001, subject to an update pricing list; and, WHEREAS, on Februaryy 12,2001, the parties entered into a Second Amendment to the Contract to extend the tenn through and including March 31, 2002, subject to an updated price list; and, WHEREAS, the Vendor has submitted an updated pricing list for aerators and aerator parts which shall be effective through and including March 31, 2003; and, WHEREAS, the parties are willing to amend the Contract to extend the term through and including March 31, 2003, subject to the updated pricing list. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 1 of the Contract shall be amended to read as follows: 1. PURPOSE The Vendor agrees to sell to the District certain aerators and aerators parts in accordance with the "Aerator & Parts Pricing for Long Tenn Supply Contract" memoranda dated April l, 1997, hereinafter referred to as Exhibit "A", the "Aerator & Parts Pricing for Supply Contract" memoranda dated March 20,2000, hereinafter referred to as Exhibit "B", the "Aerator & Parts Pricing for Supply Contract" memoranda dated January l7, 2001, hereinafterreferred to as Exhibit "C", and the "Aerator & Parts Pricing for Supply Contract" memoranda dated February 6,2002, hereinafter referred to as Exhibit "D". The prices set forth in Exhibit "A" shall be in effect for the period January 31, 1997 through and including March 31, 2000. The prices set forth in Exhibit "B" shall be in effect for the period April 1 , 2000 through and including March 31, 200 l. The prices set forth in Exhibit "C" shall be in effect for the period April 1, 2001 through and including March 31, 2002. The prices set -1- "" .....,¡ k. forth in Exhibit "D" shall be in effect for the period April 1, 2002 through and including March 31, 2003. Any conflict between the terms and conditions of the exhibits and the terms and conditions of this Contract shall be interpreted in favor of this Contract. No guarantee is given or implied by the District as to what quantities will be ordered by the District during the term of this Contract. 2 Paragraph 6 of the Contract shall be amended to read as follows:. 6. TERM The tenn of this Contract shall begin on January 31,1999 and shall continue through and including March 31, 2003. The term of this Contract may be extended upon such tenns and conditions as agreed upon by the parties. 3. All other tenns and conditions of the Contract, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the District has hereunto subscribed and the Vendor has signed his, its, or their name, or names the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: AERATIO USTRIES INTERNATIONAL, ~J \" i7lIør~, INe. BY: \J ì c.<.. PRESIDENT I Sq{ps ~'i ø. ' . / ) ,"' (. 1 ,,1;; (SEAL) /1(;31 ~~.~ tt..:_'1Jr!:Ù¿j/ ._eo!T'. MARLENEA.MILLER' ¡ IICIIMY PUBUC . MINNESOTA · MY COMMISSION EXPIRES JNf,JN4Y 31. aoas SECRETARY g:\agreemnt\contract\3a-mcd,aeration. wpd -2- S;...:b:~c:~~b~j ::¡,~ 5\"'C~-::' t,:;¡ b'2fcre m;z: ,. -. /,',. ~L I :,1 :",_._. .,.., ~ii~j~ L ~,';;¡J ~:~ ,I_(-.~{: ";-1?!:~ ,'__._~ MOSQUITO CONTROL DISTR TEL:561-462-1565 \wt Feb 07'02 16:19 No.004 P.02 ..., l AJRE.OJ e Fax Transmission Aeration Industries International Inc. 4100 Peavey Road Chaska, MN 55318-2353 Phone: 6121448.6789 Fax:612/44S-7293 Toll Free 800/320-0207 To: Beverly Byers (Mosquito Control) Fax#: 561/462-1565 Oat"; Ff'lhrllO'!lry 6, 2002 From: Bill Merke! Pages: 1 ,Includlntl C;U\t\:r ~læel Su .~ Aerat(r It Pitrtr Pric:in Contract Per your request, listed below is pricing for aerators and the parts, whIch Aeration IndIJ5tries will honor until March 3 T I 2003. Aeration Industries International Inc., Part No. Jåsaiption Cost/eilch 510-1102 Aerator, (complete with tlotation) $1,125.00 3HP 1 PH 208l230V 60Hz 234-115 3HP propeller/dJffuser 913.00 213-055 Bearing -46.00 330-067 Housing 106.00 239-109 3HP shaft 171.00 232-383 Motor 3HP 1PH 20Al2:~OV 60hl, 524.00 33~O22 Pontoon Asðélrnbly 1 O~.OO .250-081 Mounting Plate 46.00 250.084 Mount/og Plate (cover) 29.00 249-021 Back-up housin8 ring 11.00 240-032 Vortex Shield 33,00 250.082 Spac~r 1,00 224-021 Caution Decal 1.00 215-313 5/16" Hex Screw 3.00 215~S 1 5/16" Flat Washer 1.00 21,-102 ~/l bit 55 Locknut 1.0U, 215-312 Hex He~d Screw 1.00 215-153 1/4" Set Screw 1.00 I . d ú~08'ON EXHIBIT "D" :'1., , I ~ é . " , ,~ "': ,,',., MOSQUITO CONTP~L DISTR TEL:561-462-1565 ~ feb 07'02 16:19 No.004 P.03 ...., page 2 215-318 215-026 215-066 215-104 215-306 2'5~32S 21 ~-oGð 5/8" Shoulder Screw 3/8" S5 L.Qck Wa¡;her 3/8" Hex Head Screw 3/'d" Hac Washer Hex Head Screw 5/16" Flat Washer S/16" Hex, Hea.d Screw 6.00 1.00 1.00 1.00 1.00 1.00 0.50 Orders (;an be either faxed or phon$(! in to Bill Merkes. Regards, ~ BìII Merkes ~ 'd OlCS'ON ~ I ' " ...." MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 26, 2002 Convened: 10:40 a.m. Tape: 2 Adjourned: 10:40 a.m. Commissioners Present: Chairman, Doug Coward, CliffBames, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, absent on county business Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Ray Wazny, Public Works Director, Paul Phillips, Airport Director, Jim David, Mosquito Control Director, A. Mi1lie Delgado, Deputy Clerk 1. MINTUES (2-222) It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held February 12,2002; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None- 3. CONSENT AGENDA (2-229) It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The District approved Warrant List No. 20 through 25. 2. MOQUITO CONTROL A. Quality Industries, Inc. Agreement Amendment - The District approved the proposed first amendment to the February 27, 2001 agreement and authorized the Chairman to execute the amendment. B. Florida Inland Navigation District Grant- The Board approved and signed the Interlocal Agreement with the BCC authorizing the Mosquito Control District to administer the grant at Vitolo Family/ Middle Cove Park. There being no further business to be brought before the District, the meeting was adjourned. Chairman \,- ,..", EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 26, 2002 Tape: 2 Convened: 10:41 a.m. Adjourned: 10:41 a.m. Commissioners Present: Vice Chairman, Cliff Barnes, Paula A .Lewis, Doug Coward, John D. Bruhn; Chairwoman Frannie Hutchinson, absent on county business Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, A. Millie Delgado, Deputy Clerk I. MINUTES It was moved by Corn. Coward, seconded by Corn. Lewis, to approve the minutes of the meeting held February 26, 2002; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None '. 3. CONSENT AGENDA It was moved by Corn. Bruhn, seconded by Corn. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. WARRANT LIST The District approved Warrant List No. 21 through 25. 2. PUBLIC WORKS EngineeringlBeach Inlet Monitoring- The District approved Amendment No.2 to Work Authorization No.2 (C-00-12-18l) with Taylor Engineering, Inc., and authorized the Chairman to execute the amended work authorization. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of Circuit Court 04/05/02 F7.ABWARR , FUND TI TLE 184 ~ ST. LUCIE COUNTY - BOARD ..."" WARRANT LIST #27- 30-MAR-2002 TO 05-APR-2002 FUND SUMMARY- EROSION Erosion Control Operating Fund GRAND TOTAL: EXPENSES 14,336.37 14,336.37 PAGE 1 PAYROLL 0.00 0.00 03/29/02 F7.ABWARR FUND TITLE 184 \r-' ST. LUCIE COUNTY - BOARD <.."J WARRANT LIST #26- 23-MAR-2002 TO 29-MAR-2002 FUND SUMMARY- EROSION Erosion Control Operating Fund GRAND TOTAL: EXPENSES 2,814.24 2,814.24 PAGE 1 PAYROLL 2,413.54 2,413 .54 v AGENDA REQUEST ITEM NO."" C-2 DATE: April 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ~ SUBJECT: Amendment NO.1 to FDEP Project Agreement (Contract No. 01 SL 1) exten ing the expiration period from May 30, 2002 to May 30, 2003 for the South County Post-Storm Condition Study. BACKGROUND: On May 8, 2001 the Board approved Project Agreement (Contract No. 01 SL 1) with FDEP which allocates state funds of $39,985 towards an erosion study of the South County, commencing at the City of Fort Pierce limits (Ocean Village) south to the Martin County Line. The study is approximately 75% complete and may not be finalized prior to the agreement expiration date of May 30, 2002. Therefore, this request is to amend the Project Agreement (Contract No. 01 SL 1) with FDEP to extend the expiration period from May 30, 2002 to May 30, 2003. FUNDS AVAIL.: N/A. PREVIOUS ACTION: May 8, 2001: Board approved Project Agreement (Contract No. 01 SL 1) with FDEP. RECOMMENDATION: Staff recommends Erosion District Board approval of Amendment NO.1 to FDEP Project Agreement (Contract No. 01 SL 1) and execution of said amended Project Agreement by the Chairperson. COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ] OTHER: [ ] DENIED ~ '---. Douglas Anderson County Administrator Þ Coordination/Siqnatures [x]County Attorney ~X]M9t. & BUdget~ [x]Originating Dept. Public Works [x]Co. Eng /ZAß / I [x]Budget & Revenue coordinator~ [x]Finance Department (Grants)~r f Department of Environmental Protection ...., Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 3239'J-3000 David B. Suuhs Secretary March 18,2002 fõ)Œ@ŒOWllifñì l.Iù MAR 2 I 2002 æJ CERTIFIED MAIL Mr. Richard Bouchard St. Lucie County Public Works Department 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 -, ENGINEERING RE: Execution of Amendment to Project Agreement South County Post-Storm Conditions Study DEP Contract No. OISLl/Amendment No. I Dear Mr. Bouchard: Enclosed please find a set of three (3) originals to amend the referenced project agreement, which are signed and dated on behalf of the Department by Bureau Chief, Michael Sole. If you find the Amendment to be in order, it is requested that you execute each original by having them signed and dated, as appropriate. It is further requested that yOU retain one (1) of the fullv executed ori!!:inals for your records, and return the two (2) remaining fully executed originals to me at the letterhead address, Mail Station #300, within five (5) working days following completion of your internal review and signature process. Failure to execute and return the originals to the Department in a timely manner may result in future payment delays, rejected billings or the possible reversion of funds intended for this project. In the event that this Amendment provides additional funding for this Agreement, be advised that work conducted on any eligible project item prior to written authorization by the Department may not be eligible for reimbursement. Should you have any questions, please contact me at 850/487-1262, extension 192, or Russell Snyder, the project manager, at extension 170, C. Tony Tucker Contract Manager Bureau of Beaches and Wetland Resources Enclosure Ccrtified Mail Receipt No: 70000600002128275394 xc: Russell Snyder, file "More Protection, Less Process" Printed on recycled paper, .... DEP Agreement No. OlSLl Amendment No. 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM ...., Project Agreement Amendment THIS AGREEMENT as entered into the eighteenth day of May, 2001, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and ST. LUCIE COUNTY (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: --Paragraph(s) 15 is hereby revised to read as follows: 15. This Agreement shall begin on the last date executed and end on May 30, 2093. Pursuant to Section 161.101 (15), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 2000, shall be eligible for cost sharing by the DEPARTMENT. --Paragraph No. 40. is hereby added to the agreement as follows: 40. If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. I f the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary goverrunental or third party approvals, goverrunental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this PROJECT Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 01Stl, Amendment No.1, Page 1 of 2 ~ ..""" IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed, the day and year last written below. ST. LUCIE COUNTY DEPARTMENT OF ENVIRONMENTAL PROTECTION Date: BY'~~ Secretary or designee Date: 3/15/ò 2. By: *Commission Chair ~Ed:::taâ:1£ APPROVED AS TO FORM AND LEGALITY: ~(j.~. DEP Attorney *If someone other than the Commission Chair, signs the project agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the county must accompany the agreement. DEP Agreement No. 01SL1, Amendment No.1, Page 2 of 2 ~, t,; ¡¡¡~ , ,,- \.t. v AGENDA REQUEST ITEM NO. ""'1P DATE: April 9, 2002 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Contract - Legal Representation in Dependency Cases - Permission to Advertise Request for Proposals (RFP) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board authorize staff to advertise a Request for Proposals (RFP) for legal representation of indigents. Staff further recommends that the County extend the current Contract for a period of two months to allow the County to complete the RFP process. COMMISSION ACTION: CONCURRENCE: [2'3 APPROVED [ ] DENIED [ ] OTHER: 3-1 (Bruhn Opposed) r?~L_ Douglas Anderson County Administrator County Attorney: ~ Review and Approvals Management & Budget Purchasi ng: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for Copy only. if applicable) Eft. 5/96 ~ '-" .""", 'WI INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-437 DATE: April 3, 2002 SUBJECT: Contract - Legal Representation in Dependency Cases - Permission to Advertise Request for Proposals (RFP) ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ BACKGROUND: In April, 1998, the County entered into an Agreement with Stuart A. Webb, Esquire and Dawn G. Kirk, P.A. to provide legal representation of indigents for dependency cases at the trial level. The Contract was subsequently assigned to Ms. Kirk. The County entered into the Contract at the suggestion of the juvenile court judges in an effort to Save the County money and to provide more effective representation to indigents in the dependency system. Due to changes in state law and a significant increase in filings by the Department of Children and Families, the contract cost has increased significantly. The cost history of the contract is as follows: YEAR AMOUNT"" 1999 $151,900 2000 $335,478 2001 $522,225 *Ms. Kirk currently handles some of the cases and assigns the balance of the cases to four (4) other attorneys. \w \.- ....., ...."" Due to the significant increase in Contract cost, County staff believes that the County should consider alternatives to the current Contract which is scheduled to expire on April 21, 2002. Among the options that County staff has considered are: (1) have no contract and pay appointed attorneys on an hourly basis; (2) attempt to amend the existing contract to achieve a lower rate; (3) hire staff attorneys to cover the cases; and (4) advertise a new Request for Proposals (RFP). County staff has received correspondence from the Contract attorney as well as the juvenile court judge. Copies of this correspondence is attached. In reviewing the various options, County staff recommends that the Board direct staff to advertise a Request for Proposals. A copy of a draft Request for Proposals is attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize staff to advertise a Request for Proposals (RFP) for legal representation of indigents. Staff further recommends that the County extend the current Contract for a period of two (2) months to allow the County to complete the RFP process. Respe~fully sUbmitte~ IA 1 Daniel S. McInty~ County Attorney{ DSM/ caf Attachment ~ '-' .....,¿ ...,., RFP # 02-XXX "Provide legal representation in Dependency cases - Trial Level for Indigents in St. Lucie County Due Date: May 8, 2002 Due Time: 2:00 PM St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Ft. Pierce, FL 34982-5652 (772) 462-1700 \..; '-" ....,.; ...",; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSALS Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 2:00PM local time on Wednesday, May 8, 2002, for the following: RFP # 02-XXX "Provide Legal Representation in Dependency Cases - Trial Level for Indigents in S1. Lucie County RFP documents may be obtained via the Internet using the County's website at http://www.co.st-Iucie.fl.us. If you do not have internet access, you may obtain the documents by calling DemandStar by Onvia 800-711-1712 and request document number #02-XXX or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700. RFP's may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. Any RFP'S received after the above stated time will be returned to the bidder unopened. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/Proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP, RFQ, Bid Results and other information visit the St. Lucie County Purchasing Web Site at http://www.co.st-Iucie.fl.us. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Michael Rath, CPPO, CPPB, Purchasing Director PUBLISH: XXXXXXXX, XX, 2002 BILL & PROOF:8oard of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 ~ Part I 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1.14 1-15 1-16 Part II 2-1 Part III 3-1 Part IV 4-1 Part V 5-1 '-' ......,¡ Table of Contents General Information Definitions Invitation to Propose; Purpose Issuing Office Awards Development costs Inquiries Timetables Delays Proposal Submission and Withdrawal Rejection of Irregular Proposals Addenda Equal Opportunity Oral Presentation Insurance Lobbyist Disclosure Public Entity Crimes Statement ...., Contract Goal and Scope of Work Statement of Work and Instructions for Preparing Proposals Evaluation of Proposals Evaluation Method and Criteria Proposer Information Proposer Information Form Questionnaire Proposer's Questionnaire Form '-'" \.t ....",; ...."" GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), Proposer shaIl mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits offers for the submission of proposals to provide legal representation for indig~nts in dependency cases. In the context of this RFP, dependency cases means petitions arising under Chapter 39, Part III, Florida Statutes, Dependency cases, as weIl as under Chapter 39, Part VII, Florida Statutes, Termination of Parental Rights. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until Proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. The Board reserves the rig ht to reject all Proposals, to waive any informalities, and to solicit and re- advertise for other Proposals. 1-5 DEVELOPMENT COSTS Neitherthe Board nor its representatives shaIl be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposer should prepare their Proposals simply and economicaIly, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INQUIRIES The County will not respond to oral inquiries. Proposers may mail or fax written inquiries for interpretation of this RFP to: Daniel S. Mcintyre, Esquire County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida, 34982 (772) 462-1440 (fax) '-' '-" "-" .....,I The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the Proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fixed for receiving the Proposals, This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFP. 1-7 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFP. A. On April 9, 2002, the Board issues the RFP. B. From April 16, 2002 to April 30, 2002, the County will receive and answer inquiries received by mail. C. The County must receive the Proposals by 2:00PM on May 8, 2002. D. From opening time, the Board and County staff will review and evaluate the Proposals on a timely basis. E, The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-8 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1·9 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive Proposals at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "(Title RFP #02-XXX)". The envelope shall also include the Proposer's return address. Proposers shall submit fifteen copies (15) including one marked original on the outside (with an original signature inside) of the proposal in a sealed, opaque package marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 2:00PM ON May 8,2002. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of Proposals to the County prior to the deadline selfor receiving Proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. '-' \..- ~ .....", Proposers may withdraw their Proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their Proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, Proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-10 IRREGULARITIES: REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and Proposals may be rejected by the County as non- responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all Proposals without cause. 1-11 ADDENDA If revisions become necessary, the County will provide written addenda at least five working days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. Any changes to the RFP will be made available for all prospective proposers to receive. Although we will make an attempt to notify you of the addendum, it is the sole responsibility of the proposer to ensure it is received. 1-12 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their Proposals. 1-13 ORAL PRESENTATION Proposers that have been selected for the final short list may be expected to render an oral presentation based on past achievements, staff qualifications, and overall capabilities. The Board or staff will schedule presentations, if needed. 1-14 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-15 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utiiizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. \.r '-" .....,., 'wi C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-16 PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INAn)]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) ofthe INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. '-' 2-1 \... ......, '-' STATEMENT OF WORK and INSTRUCTIONS FOR PREPARING PROPOSALS PART II CONTRACT GOAL AND SCOPE OF WORK A. The proposal must name all persons or entities interested in the proposal as principals. The proposal must disclose the specific names, experience and qualifications of all attorneys who would be assigned cases under the contract. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. B. Proposers shall prepare their proposals using the following format and address the following requirements: 1. Letter of Transmittal - This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work. This letter must identify the proposer as well as any attorneys who would be assigned cases under the contract. 2. TYDeS of Cases - The category or categories of cases proposed. The categories are as follows: a) Dependency cases - Trial Level; dependency cases means petitions arising under Chapter 39, Part III, Florida Statutes, as well as under Chapter 39, Part VI, Florida Statutes, Termination of Parental Rights. 3. Attorney/Firm Qualifications - This section should include the following: a) The name, legal experience, educational background and qualifications of each attorney to be assigned cases. b) For each attorney that would be assigned cases under the contract, a description of the attorney's knowledge about services and programs available for both parents and children and the attorney's experience in accessing those programs. c) A description of each attorney's litigation experience, including the types and complexity of cases, d) The number of dependency cases in each category actually tried by each attorney during the past two (2) years. Cases "tried" means a case which was presented to a judge where a decision was rendered. e) The percentage of the firm's practice constituting dependency work and a description of the types and number of cases. NOTE: Additional Attorneys - The contract will provide that the successful proposer may add, with County approval, other qualified attorneys to work under the contract to adjust for changes in circumstances such as increased case load. '-' \.. '...,I ...,I 4. Fee - Compensation shall be on a flat fee per case basis and the proposer shall be paid monthly for the personal services rendered under the provisions of the contract for those cases reaching final adjudication in the preceding month. A case shall mean all counts or cases filed against a person arising out of one transaction. The flat fee shall include all office overhead including support staff, photocopying, long distance phone calls, mileage, parking, office supplies, and any and all necessary equipment. Proposer may propose a fee for anyone category or a combination of categories of cases. Items not included in the flat fee for anyone category or a combination of categories of cases. Items not included in the flat fee are expert witness fees, interpreter fees, court reporter fees and transcription costs, process serving, and investigative fees. These fees and costs shall not be included in the contract but shall be awarded by order of the court. Proposer shall not engage in fee-sharing. THE COUNTY WILL CONSIDER ANY ALTERNATE FEE ARRANGEMENTS THAT WILL RESULT IN A LOWER COST TO THE COUNTY. 5. Scope of Work - This section of the proposal should explain the Scope of Work as understood by the proposer and describe the approach, activities, method, etc., to be used by the proposer in providing legal services. Please indicate how many cases are to be assigned per lawyer. 6. The proposer shall complete and sign the Proposer Information form attached in Part IV and the Questionnaire attached in Part V. 7. Additional Data - Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. '-" ~ ..,¡ -" EVALUATION OF PROPOSALS Part III 3-1 EVALUATION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Qualifications and Proposers, The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. Professional qualification of the attorneys and staff to represent dependency defendants, 2. Time constraints which may impact on the proposer's ability to meet the needs of the client and the court such as anticipated individual attorney caseload. 3. Proposed fee structure. 4. Financial resources and capabilities. B. Selection The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to a Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all Proposals received and establish a list in order of preference of Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Alternatively, the Board may direct the Committee to establish a "short list" of Proposers without establishing a priority order. The "short list" shall be submitted to the Board and the Board may rank the Proposers in order of preference. The Committee or the Board may request oral presentation from the Proposers when establishing the priority list. If three or fewer Proposals are received, all Proposers shall be included in the selection process as described below. If the list of Proposers has been prepared by the Committee, the list shall be submitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the first Proposer, negotiations with that Proposer shall be terminated and the Committee or the Board shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all Proposals and may re-advertise for new Proposals. All contracts negotiated by the Committee shall be subject to final approval by the Board. \.- \- ....,¡ ...,I PROPOSER INFORMATION Part IV 4.1 PROPOSER INFORMATION FORM Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the County reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest ofthe County, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) Proposer must sign below to aCknowledge receipt of addendum (if necessary). Amendment NO.1: Amendment NO.2: Amendment No.3: \..- \.or 5.1 PROPOSER'S QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If Foreian Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: ....,¿ QUESTIONNAIRE Part V '-' \.,- \-' ....",¡ ..,,¡ NAME ADDRESS Questionnaire (continued) * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) If yes, give date, necessary. No ( ) court jurisdiction, action taken, and any other explanation deemed 5. Person or persons interested in this Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: '-" '-' ......" '-" A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: Questionnaire (continued) C. List any criminal violations and/or convictions of the proposer and/or any of its principals: WITNESSES: IF INDIVIDUAL: ---------------------------- Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: Signature (General Partner) (Print Name) (Print Name) WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President '-" \- ....".."./ Attest: Secretary (CORPORATE SEAL) ~ '-" '- Law Office of :J)awn ç. Yirh} pf 217 Avenue A Fort Pierce, Florida 34950 ....; ! ) : .;) 11,,¡-"j . i ! t 1: t\11¡~F; ¡ 8 2.ú02 ,,,', 1 (561) 468-2077 FAX (561) 468-2065 , :. j I. ~_____._-,_,~__~~ (' IJ l"H\rr'r' ATïO R r~ ¿. "..-_.~,., Daniel S. McIntyre, Esquire St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34948 February 28, 2002 GO?1 RE: Contract Renewal To Provide Legal Representation in Dependency Cases Trial Level for Indigents in St. Lucie County Dear Mr. McIntyre: Ms. Winfield contacted me this date and requested that I provide your office with an update on the status of the Dependency Contract. Upon review of my files and vouchers, it is clear that the contract has been economically successful for St. Lucie County. Specifically, the County has realized the following benefits: 1. In the past year, approximately 400 indigent parents were appointed attorneys under the contract. In the past, each of those would have been paid on an hourly basis for the life of the case. My records indicate that the current average "life" of a DependencyfTPR case in St. Lucie County exceeds eighteen (18) months. However, it is common for TPR cases to be active three (3) years or more. Unlike the old system, the current contract includes a finite billing plan fot each case, thereby preventing long-term billing on one case. Before the contract was created, it was not unusual for hourly payments on a TPR case to exceed $4,000.00 plus costs. In addition, the previous billing system was paid on a "per child" basis. Most cases involve more than one child. Our phase billing procedure, however, is based on the number of parents represented regardless of the number of children in the family. 2. The "phase" payment method is not affected by the amount of time spent by each attorney on each case. Many of the cases have three or more parents and therefore attorneys involved. Each attorney attends the following on each case: numerous hearings, mediation and/or settlement conferences, administrative review meetings, reviews of the Department of Children and Family Services case plans and reports, correspondence, client conferences and calls, trial preparation, depositions and trial attendance. 3. Dependency Court is held virtually every day of the week. The hearings are now held at the 7th street courthouse location. We provide attorney appearances at all shelter and emergency hearings, often on a moment's notice. The Dependency arraignments, motions, disposition and judicial review hearings are scheduled every other week. In those weeks, the attorneys will each spend approximately 25 hours in Court. Trials often last from one to four days. // IL.." 4. UJ,is firm submits one voucher each month to the Co~ fo~ent. Under the / foriW'er hoùI-Tý billing system, approximately 40 Petitions and six or more vouchers were submitted for payment throughout each month. The contract greatly reduces the County staffs time spent on these cases each month. 5. We are aware of the budget restraints and work constantly to improve the efficiency of the Dependency system thereby minimizing the payment phases reached in each case. We have considered ways in which to reduce the amount spent by the County and offer the following suggestions: A.· You may be aware that F.S. 39.0134 permits the County to acquire and enforce a lien for court-ordered payments of attorney's fees and costs in accordance with F.S. 984.08. However, that section only allows fees and costs to be assessed if, after appointment of counsel, it is determined that the parent is not indigent Currently, there is no method in place for reviewing the parents financial status after the initial appointment. We will be happy to cooperate with any method suggested by the County. For example, the Court could order that parents submit periodic updated financial affidavits for consideration. B. In order to assist the court in initially determining whether the parent is indigent and entitled to court appointed counsel, I developed the revised financial affidavit attached to the January 28th letter. The affidavit includes the statutory factors set forth in F.S. 984.08. I have also sent a memorandum to the Juvenile Judge requesting that the affidavits be reviewed carefully prior to appointment. C. We are now scheduling pre-trial settlement conferences in all cases. This often avoids the filing of a Petition for Termination of Parental Rights. Therefore, most cases end at Phase II and there is no Phase III cost to the County. In 2001, only 21 out of the approximately 500 cases billed were billed at Phase III. There were no Phase IV billings made last year. We will continue to work with the Department of Children and Families to prevent cases going to the expensive Termination phase. Based on the foregoing, it is evident that St. Lucie County receives a measurable economic benefit from the terms of the dependency/termination contract. We therefore request that the contract be extended as written for at least an additional one year period. I have enclosed a proposed Amendment to the Contract for your consideration. If you have any questions or if you require additional information, please contact me at your convenience. Kindly advise when this matter will be brought before the Board of County Commissioners. Thank you for your consideration. Respectfully Submitted, DGK/tbh Ene. cc: Victoria Winfield Dawn G. Kirk -~ \..- ~ Law Office of ....., .."j ::bawn ç J<¿rk} P-A. 217 Avenue A Fort Pierce, Florida 34950 March 8, 2002 _...".......,........-......::-".~:,..' ., '\'~. © ~.,l) .~Lj "ülr'-''''~'' :\\]Ü \ MAR I ~ .L \ UNn' AilOR,'!.. '.' f CO ., ;'"",.--"' (561) 468-2077 FAX (561) 468-2065 Victoria Winfield, Esquire 8t. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34948 RE: Contract Renewal To Provide Legal Representation in Dependency Cases Trial Level for Indigents in 8t. Lucie County Dear Ms. Winfield: . This will confirm our telephone conversation this date regarding the Dependency contract. I explained that I recognize that the amount paid under the contract has grown substantially since 1998 and I offered the following explanation: 1. Attorney Stuart Webb and I first negotiated the Dependency contract with Mr. McIntyre in 1998. When it was initially negotiated, Florida law did not require that the County provide legal services to all indigent parents in Dependency cases. Rather, they were entitled to counsel only under special circumstances; only about 30 percent of the parents were appointed attorneys. 2. As you know, the law changed in October 1998. Thereafter, every indigent parent was entitled to court-appointed counsel. Therefore, the number of parents represented under the contract rose dramatically. When we renewed our contract with the County in 1999, we explained the law change and its impact on the contract. In the 12 months preceding that renewal, 139 attorney appointments were made. The number of parents increased each year and in the year 2001, 400 parents were appointed counsel under the contract. 3. There has been a dramatic increase in the number of Petitions filed and cases opened by the Department of Children and Family Services in recent years. Our data reflects the following: 1996 Approximately 60 Petitions were filed 1997 Approximately 50 Petitions were filed 2001: Approximately 250 Petitions were filed /~ V~infie~Esq. March 8, 2002 Page -2- ...,.¡ .., 4. When Stuart Webb retired in 2000, I took most of the of the cases that would have otherwise been assigned to him. I therefore represent about one-third of all parents in the Dependency system. My fees increased with the added clients. 5. Each year, I submitted a letter to the County explaining the increase in the fees. As you can see, the number of cases and parents served has exploded, through no fault of the attorneys. The increase in cases has forced adjustments in all aspects of the system. For example, the Department of Children and Family Services previously had only one attorney who handled the entire Dependency caseload in St. Lucie County. Currently, there are four DCF attorneys and one supervising attorney handling thes.e cases. This change reflects the unbelievable caseload in the Dependency System. 6. Unlike criminal cases, Dependency cases are not short-lived. In fact, I believe that if you speak to the Dependency Judges (Judge Kenney, Judge Levin, Judge Geiger and Judge Connor), you will learn that the contract attorneys are often the reason for the tennination of a case. We work very hard to reach conclusions in the cases. Nonetheless, some linger for years. I currently have 11 cases that were assigned to me in 1999 and 26 which were assigned in 2000. I have been involved with the Dependency system in St. Lucie County since 1991. I have always had a good working relationship with the County and Juvenile Court system. I plan to continue my work in the Juvenile System and would very much like to renegotiate the contract considering all avenues and ways in which to reduce the ultimate cost to the County. You and I discussed possible ways to decrease the cost of the contract including, but not limited to the following options: l. Amend the contract to reduce the dollar amount paid on each phase of the case; or 2. Amend the contract to include an hourly pay schedule as opposed to phase payments; and 3. As I explained, under the current contract, the County agreed to pay for the appointed cases through completion of the case even if the contract was tenninated or amended. I currently have approximately 150 open Dependency cases. Based on their current phases and potential results, there is still a future cost to the County for my cases alone in the amount of $143,650.00 to $187,650.00. As I told you, I am willing to negotiate a lower payment on my existing cases as part of a revised contract. This will help to reduce the future cost to the County; and 4. I am willing to submit quarterly reports to the County regarding the number of Petitions filed by the Department, the number of attorney appointments made and amount of fees billed. I will also be happy to provide any other additional updates requested by the County. '.:.'../.......... . ~ / ~ \..- /' V. Winfield, Esq. March 7, 2002 Page -3- '-.I .." Please call me if you have any additional questions or if you require more infonnation. Again, I am willing to review all of the data and figures with you to negotiate an amended contract and reduce the County's cost in providing representation for indigent parents in Dependency cases. Thank you for your consideration. I look forward to hearing from you. Sincerely, _I ,----'" -",,:,/ / , ____ ;;~\' \ 0) "I ( ,',-..,. '.'. . '¡ \S.-' \ \ , I' \ \..\ .1 \ 1 \..\ ,,'-J, ...':::..-/ .......---. Dawn G. Kirk DGK/tbh '.....-. '-' \.r "-tI ..." SCOTT M. KENNEY CIRCUIT JUDGE TEL. NO. 7721462-1465 FAX NO, 7721462-1190 ~hth' of ~lnrWa ~ñœæ~ntlr JJuùiciaI O1imrit Ma~èh 7, 2002 435 NORTH 7TH STREET. SUITE B FORT PIERCE. FLORIDA 34950 , -"",..~~,~~."..~.- Daniel S. McIntyre, Esquire County Attorney St Lucie County Administration Building 2300 Virginia Avenue Fort Pierce, FL 34982 " il ;]~; ¡~ ~ '\j ~.~J, l! \ r-""'-'-~'-""'-- - . ,~- ~ ,~ , ;i~, :', 'UU!L W\R I 81002 \0 COUNn' ATïORN~: Re: Dependency Contract Attorneys Dear Mr. McIntyre: I understand the Couilty has expressed some concerns about the cost of dependency contract attorneys. . . Based upon my experience. since returning to the juvenile bench in January, lean assure you that the County is receiving substantial value for its dollars. AH,ofthe attorne)'s spend considerable time on each case. Dependency law is stressful and specialized. Many clients can be difficult and frustrating. It is also important to realize that the number of new cases has dramatically increased. In 2000, 174 dependency petitions were filed. In 2001 the number rose to 259. That is an increase of 49%. It does not include re-opened cases which frequently occur. New problems arise and the cases continue under the old case number. Attorneys must be appointed. Apparently, some consideration is being given to creating an "in-house" attorney position for dependency. That would not work. In most cases there is an ethical conflict to represent both parents, even if they are residing together. Therefore, two attorneys are necessary. Furthermore, many cases involve multiple children with various fathers and/or mothers, thereby creating multiple conflicts, which mandate separate attorneys. If an "in-house" attorney was initially assigned for all parents, that attorney would subsequently have to conflict off of most cases due to confidential information received when initially representing all ofthe parents. Thus, outside contract attorneys wold still be necessary for each parent and the ongoing expense of an "in-house" counsel would be a waste of money. ",.....,~ ',~i:¡' ç.. . Da~l S. ~ntyre, Esquire March 7, 2002 Page 2 ......, ...., Multiple attorneys within the same "in-house" counsel office would not solve the problem. A conflict arising as to one attorney in an office with multiple attorneys, creates a conflict for the entire office. Ms. Kirkhas managed to create an ~ssignment system between her contract attorneys which prevents such problems. When such conflicts do arise after initial intake, my understanding is that the attorneys do not seek fees from the County. You should also be made aware that-further problems are on the horizon. First, as you probably know, Florida's Supreme Court recently ruled that children under the supervision ofDCF are also entitled to legal representation when the Department seeks to have them placed or continued in residential programs for mental health problems. No funding mechanism exists for paying those attorneys. Currently, this County's dependency contract attorneys are handling those cases on a oro bono basis. Secondly, there is pending appellate court and legislative consideration as to whether every child in every dependency case is entitled to legal representation, notwithstanding appointment of a Guardian Ad Litem under the existing system. If there are multiple children, especially with various parents, the potential ethical conflict scenarios are mind-boggling. Even if the existing Public Defender system is used to represent the children or a new specialized system is created, who will pay for all ofthe attorneys required when there are conflicts? In any event, I support the existing system for dependency contract attorneys. Most parents in dependency court cannot afford to hire an attorney. The law now requires that they are entitled to appointed counsel. Considerable time is necessary for each case. If these attorneys were to bill on even a reduced hourly rate, the cost to St. Lucie County would be even greater. SMK:cs cc: Honorable MarcCianca, Chief Judge Dawn Kirk, Esquire ~·_~":L:·~_·I·. ~'.~..""'. _..,;'., .. "".' , " \.-- ~.~ 'ç', l; '. 1 r-'!') >\~:,.//i ; :~ ' I! , ¡ ¡ ;r Law Office of ....., 2Jawn ç. .J(¿rk, P..ß. 217 Avenue A Fort Pierce, Florida 34950 ,...; :~_.':::.~..... ~-- (561) 468-2077 FAX (561) 468-2065 'I; ~~ U/l JT f¡ 'j u¿r,·..,·L,,_L :" I ~ì ¡j' ; Ii . · if' ¡ Ll i Mt~R I 8 2002 i '}, .' ! IT' I L....._--..~_ j ¡ COUNTY Ar,:¡:;;-;,i'~. ~~'---_~____ ~ -.J! ~ . ..¿ ::: March 15, 2002 --~--- --, Paula Lewis Board of County Commissioners . St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34948 RE: Contract Renewal To Provide Legal Representation in Dependency Cases Trial Level for Indigents in St. Lucie County 3f ~: q-' .~ Dear Ms. Lewis: As you know, I hold the contract for dependency cases in St. Lucie County which I recently requested be considered for renewal. Unfortunately, it is my understanding that negative comments and allegations have been made about the contract and about me personally. I am extremely surprised and offended about some statements that have been made. Specifically, I am concerned that anyone would think that the County was not aware of the immense growth of the dependency caseload and number of clients represented because I personally sent letters to the Board of County Commissioners each year explaining the state of the contract. I want to personally set the record straight with you and request that if you have any questions about the contract, my statements and/or my records that you give me the opportunity to speak with you before any decision is made about the renewal of the contract. I attempted to speak to Mr. Mcintyre but have not been afforded the opportunity. I did speak to and submit a letter to Ms. Winfield which she stated would be forwarded to each of you. I am attaching a copy for your review. I am also attaching a copy of a letter which was sent by Judge Kenney. I did not ask him to write the letter nor did I know about it until I received a copy. ~L - ( \., '- ....., ."",¡ P. Lewis March 15, 2002 Page -2- Please consider the following facts regarding my contract: 1. The Dependency case load in St. Lucie County has become enormous due solely to the increased number of cases filed by the Department of Children and Family Services. There was no way that anyone could have predicted this increase when the original contract was negotiated. Please consider the number of Dependency Petitions filed in St. Lucie County: 1996: 60 Petitions filed 1997: 50 Petitions filed 1998: No data 1999: No data 2000: 174 Petitions filed 2001: 259 Petitions filed (Please also see attached report of our circuit's cases compiled by the Office of the State Courts Administrator in August, 2001.) Obviously, as the number of Petitions filed by DCF increases, more indigent parents are appointed counsel. In 1999, 139 attorney appointments were made. In 2000, there were 350 and in 2001, that number grew to 400 parents who were appointed contract attorneys. 2. The original contract was negotiated in 1998 after an RFP was sent to me by the County. The contract was negotiated by Stu Webb, me and Mr. Mclntrye. The phase billing concept was based on a contract used in another county. Stu Webb and I devised the phases and phase payments based on the usual long life of the cases and our experience regarding the time involved in each. 3. I am a sole practitioner in St. Lucie County. I do not share my office or work with any other attorney. Under the terms of the contract, Mr. Webb and I could assign cases to a maximum of three other attorneys. I recruited those individuals that have worked in the Dependency system and who fit the strict criteria set forth in the contract. Many of the individuals I contacted declined to take cases. The Judge approved those attorneys that currently accept cases: Reginald Sessions, T. Charles Shafer, Oliver Mackenzie Smith and Keith Pickering. Each of these attorneys bills his individual cases by voucher each month and each is paid directly from the County. I merely submit their individual vouchers with a summary form. \.., '- '-.J ....I P. Lewis March 15, 2002 Page -3- 4. In 1999, I was asked by the County Attorney's office to provide an update regarding the contract. I submitted a letter to the County Commissioners on March 25, 1999 which explained that on October 1, 1998, a change in Florida law required that every indigent parent be appointed an attorney. (See enclosed letter). No request was made to amend the contract. 5. In 2000, I was asked by the County Attorney's Office to update them on the current caseload and clients. I submitted a letter to the Board of County Commissioners explaining the status. No request was made to amend the contract. Also, in June of that year, Mr. Webb retired. With the County's permission, his rights under the contract were assigned to me. His existing cases were disseminated amongst the remaining attorneys that worked under the contract. However, I thereafter accepted most of the cases which would have otherwise been assigned to Mr. Webb. With those appointments, my caseload, and therefore my income increased. 6. On March 26, 2001, I again sent a letter to the Board of County Commissioners explaining that the attorney appointments had grown to 350 in that year. (See enclosed letter). No request was made to amend the contract. 7. On February 28,2002, I sent the enclosed update letter to Mr. Mcintyre regarding the contract. I explained that in the past year we had represented 400 indigent parents under the contract. It was following this letter that I received information that some individuals were upset at the contract numbers and somehow perceived that I had some hand in increasing the County's cost. 8. Dependency court and its cases are vastly different from criminal cases and therefore the criminal contract. I request that if you have questions about the differences and the massive amount of time involved in dependency cases compared to criminal cases that you contact Attorney T. Charles Shafer at 467-2601 since he has worked on both contracts. There is no question that the dependency system continues to grow and I agree that the contract should be revisited in light of the changes. I am more than willing to negotiate an amended contract in a manner which is acceptable to all parties. I have further explained that I am willing to negotiate a reduced payment on my existing cases. Without a reduction, payment on my cases alone will be between $143,000.00 - $187,000.00. The other four attorneys also have many open cases. If an amended contract is negotiated, I believe that any of the attorneys that continue to take cases will reduce the rate on their cases existing under the previous contract. ~ '- ...., ,.." P. Lewis March 15, 2002 Page -4- As I explained in the past, I believe that reverting to the previous "open appointment" hourly system of billing will increase the cost to the County because of the following: A. In the past, an "open" hourly billing appointment system resulted in the participation of many attorneys. (See Attorney list from 1994-1997) 8. Ten or more attorneys billing on many cases will obviously increase the fees. We are all in court most of the day during dependency weeks. One day alone could cost the county upwards of $3,000.00 in an open appointment situation. If the county wishes to use hourly billing, I would suggest that it be done as an amendment to the existing contract. Therefore, the number of attorneys will be limited and the County can negotiate a reduced payment on existing cases. Otherwise, the cost to the County will increase dramatically. Also please understand that the paperwork involved for the County in an hourly billing situation is unbelievable. Prior to the inception of the contract, each of the attorneys submitted Petitions, timesheets and Orders on each individual case. These had to be reviewed by the Finance Department, the County Attorney's office and Orders had to be submitted to the Judge. If a disagreement arose, hearings were scheduled. Sue Moses will tell you the huge amount of the County's time that is saved by the contract billing procedure. As an alternative, I suggested that a reduced phase payment amendment be made to my contract. As stated, I would also be willing to include my current case load in the reduced phase payments. This would be the most logical resolution to the current situation. It would reduce the cost to the County per case as well as reduce the future cost of existing cases. The bottom line is that since the inception of this contract, I have kept the county informed of the growth of the dependency system and number of cases. I did not do anything to increase my income other than to take more cases as the numbers increased. I have always been available to discuss the situation and I am very committed to the dependency court system. Please contact me if you have any questions or if you require additional information. As I explained to Ms. Winfield, I will be out of the State from March 29, 2002 to April 13, 2002. Our five-year-old son is very ill and must spend that time at the National Jewish Hospital in Denver, Colorado. However, I will be happy to speak to you by telephone if necessary. \,.. '- P. Lewis March 15, 2002 Page -5- Thank you for your time and consideration. DGK/tbh Ene. cc: Daniel Mcintyre, Esq. Victoria Winfield, Esq. All County Commissioners Enclosures: Letter of February 28,2002 to V. Winfield Letter of March 8, 2002 to V. Winfield Letter from Judge Kenney dated March 7, 2002 Judicial Circuit Profile dated August, 2001 1998 Correspondence Regarding Contract 1999 Correspondence Regarding Contract 2000 Amendment to Contract and Correspondence 2001 Correspondence Regarding Contract 1997 Memorandum regarding Dependency Attorneys ...., .."",I \.,.. ~ ....., ...",¡ ....,...-....-. ,; U i ~~~~;:--~E.~_,~L\'I·.I l ¡UÙI MAR I 8 2002 I , J COUNn' ATrORNEì '~~'!""~~~ ~;:::":J>~ ~,:.¡:';;-À' ':::,:::::&'::~:,~'~~l :-»;~~:., .-"?, . , ~-,:,~',"~ '" . ' ,;~;;:~~.~'~iÍ''':''''''Ciof;:,': "" ;~'-" ;-''i' .''', "',"""';"'>- '. '., , __"''''''', ,\' . ,",i1':;:~:' 'eooingfûl' Rêfo'rrnon':the"Front' Lines~:(;;:,:,;:;;:h:.2t'04~t;~~~;;~.;, ·lt~Impr~viðg:Qûfi~15~piaªtOEY~6úrt"fêr&\'t~~r···...~lì ,Ji.:.:2.~:~:.:, ".--."""-,< ,LL:Z:';:::',.(' ,:~",' , ,': ',. ,:' :~," , - " ",.:.. :':,~',>'~'i:;¡;:" " JUDICIAL CIRCUIT PROFILES OF FLORIDA'S CHILD PROTECTION SYSTEJ\;I AUGUST 2001 ~,~ OFFICE OF THE STATE COURTS ADMINISTRATOR LEGAL AFFAIRS AND EDUCATION DIVISION CHILDREN'S COCRT IMPROVEMENT PROGRAM SUPREME COURT BCILDING 500 SOl;'"TH DUVAL STREET TALLAHASSEE, FLORIDA 323DD-WOO xcv....'..·'·" f ~ ~ ......., .....,J Nineteenth Circuit -Chief Judae Marc A. Cianca Indian River, Manin, Okeechobee, and St. Lude Counties ~ Dependency Court Judges: Judge Shirley M. Brennan Judge Marc A. Cianca Judge Dwight C. Geiger Judge Paul B. Kanarek Judge Steve Levin Judge William Roby Dependency Court Uaison: , Mark Goodwin, Deputy Court Administrator Department of Children and Families District Administrator: Yern Melvin Indian River Martin Okeechobee St. Lucie Total #of Child Protection 843 1,075 652 2,140 4,710 Investigations Children under Protective 171 194 172 448 985 Supervision-- Children in Foster Care" 54 93 94 151 392 Median length of Stay in 6.7 12.9 7.2 8.7 N/A Foster Care (months)- Children awaiting 4 14 29 36 83 adoption" Workload Profile Fiscal Year 99-00 - Median is the halfway point with an equal number af months of stay above and below this number. .. As of August, 2000. Court Community Accomplishments * Establishment of a court case manager position to assist in compiling and monitoring information on open dependency cases. * DCF administrators and staff communicate issues and discussions that have occurred at the monthly court community meetings. * Development of a supervised visitation center in the circuit. * Emphasis on concurrent case planning helps to achieve permanency sooner. * This circuit actively address the diligent search efforts to ensure Termination of Parental Rights cases occur in a timely fashion. Impediments to Permanency * large, geographical area presents challenges * Inability of individuals in outlying counties to attend the monthly court community meetings * lack of funding for community resources for families ~ w -....I ~ BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY Daniel S. Mcintyre Heather Young Katherine Macl~enzie-Smith Victoria Winfield ASSISTANT COUNTY ATIORNEY ASSISTANT COUNTY ATIORNEY ASSISTANT COUNTY ATIORNEY March 18, 2002 Honorable Scott M. Kenney St. Lucie County Courthouse 221 South Indian River Drive Fort Pierce, FL 33482 RE: Dependency Contract Attorneys Dear Judge Kenney: Thank you for your letter of March 7, 2002. As you indicated, the County is interested in finding a less costly alternative to the current contract. In this regard, County staff does not intend to recommend that the Board renew the current contract which is scheduled to expire on April 21, 2002. One of the alternatives that staff will present to the Board for consideration is advertising a new Request for Proposals (RFP) from attorneys who are interested in representing indigents in dependency proceedings. I am enclosing a copy ofthe original RFP that served as the basis for the current contract. Please let me know if you have any suggestions that may improve the RFP, particularly from a cost standpoint. I appreciate your comments and concerns pertaining to the alternative of using an "in-house" attorney to provide representation. Actually, in discussing this alternative, County staff was considering hiring three (3) attorneys, since it appears that this could be accomplished for less than one-half (Y:z) of the cost of the current contract. I do acknowledge your comment concerning the potential conflicts with multiple attorneys within the same office. We have also identified the practical problem of who would actually supervise these attorneys. As a result, County staff does not intend to recommend this alternative to the Board. JOHN D. ßRUHN, D,srricr No, 1 . DOUG COWARD, DiSTriCT NO, 2 . PAULA A, LEWI5, DisrricT No, J . FRANNIE HUTCHIN50N, District No.4' CLIFF OARNE5, DlStncr No.5 CounTY AdministrOfor - Douglos M. Anderson 2JOO Virginia Avenue · Jrd Floor Admin. Annex · Fort Pierce, FL .34982-5652 · Phone (772) 462·1415 FAX (772) 462·1440 . TDD (772) 462-1428 '-' ...... """ ...., Honorable Scott M. Kenney March 18, 2002 Page 2 In any event, I appreciate your taking the time to provide the County with your comments. If you have any other ideas that you would like the County to consider, or if you would like to meet to further discuss the matter, please let me know. ~ DSM/cb Enc. cc: Board of County Commissioners Honorable Marc Cianca, Chief Judge Dawn Kirk, Esq. H :\dsm-smk. wpd ~ ~ t-. R ~ ~ ~ ~ ~ ~ ~ ~ ~ E ~ ...., ~ ~ ç,j \..- \..r ......, "'" ~ Ioo.,¡ ~ \ó N ~ 8 N ~ ~ Ioo.,¡ ". ~~ .., !:'!'- ~ -. ::: ::t. r:g I"'-J f \ \....'-' g> ~ ~ ~ o Q. !!i. 0 CD II) ~\ .~ :~\\:~~'b 2 ~..!p' ~~: ¡:'~~;l ? '~';:~7'f:"¡\'\' o AI "U"U-f = m»m ¡¡: ::! fg ;u o ::!2~ < 0:-12 :: 2»» ... "r::! o ¡=;::o 0 ~ m152 ~ ~:J:O AI -f " := C/) - g> ~. ~ "0 3!" CD 0 < ~ Ü). ... õ' iÈ ~ "0 ~~~ 3 "2- _. 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(J) ~I \ ~ m () » ::t :r: ::t CD ¡= CD :J :J Q. 0 Q. » ;;c en ~ ;::0 () ~ m ::t ~ ¡¡j 3 15 0 CD Z < a s: m 0 m 0 z 0 -f ~/~ :J ëi!' :J: ã! ~ :J !" š: ~ ;::0 z (J) -I G> :J: :r: m m r :r: -f m 0 ;::0 ~ :J: m I ~ ..,) Z "U G> CD en :J: ~ :J: CD õ' m ä: :J ~ r !=' :!! ...¡ ~ ~ m ¡¡j ;::0 õ ... c. ... 3 , II> ;::0 if :J m ~ Q. < » <I (J) ñi ~ '::I" CD ~ N ~ 0 g :J: 5' N Q. ~ ..... CD ;::0 Q. Z G> \w'-' ....., ...." DEPENDENCY CONTRACT ATTORNEYS - OPEN CASES - 3/26/02 ATTORNEY NUMBER OF PHASE I PHASE II OPEN TPR NAME OPEN CASES BILLINGS BILLINGS CASES REMAINING REMAINING KCP 90 36 60 6 DGK 152 44 104 26 RS 57 20 30 7 rcs 90 20 39 8 OMS 75 20 51 17 TOTAL 464 140 284 64 · ~2/2B/-~~2 p~ 13 "-\w- -."\..- --., 5614621190 SCOTT M KENNE" ~ PAGE 01 .--..,..., ,..." SCOTT M. KENNEY CIF/CUIT JUDGE TEL., NO. 772/462-1 465 FAX NO, 772/462-1190 'We øf ~lørroK ~i:ttttetttt4 mubicütl C!1irrnii 433 NORTH 7TH STREET. SUITE e FORT PIERCE, FL.ORIDA 34950 March 28, 2002 Via Fax #462-1440 Daniel S. McIntyre, Esquire County Attorney St. Lucie County Administration Building 2300 Virginia Avenue Fort Pierce, FL 34982 Re: RFP Trial Level Attorneys For Dependency Cases Dear Mr. McIntyre: I have çonsidered the proposed RFP that you provided to me conçerning qualifications for trial level attorneys in dependency cases. A:s wa:s explained during the recent meeting, one of the most important factors concerning dependency trial attorneys is the knowledge of :serviçes available and the ability to access those services as to both parents and children in order to facilitate reunification of the family and also meet the needs of both parents and children. There are a variety of programs available. As I also indicated, I am still relearning the process and programs available. In my opinion any proposal should require attorneys to explain their knowledge about these kinds of services and their experience in accessing same, rather than simply advising how many cases they have actually tried. Another requirement should be that every attorney making a proposal disclose the specific names, experience and qualifications of all other attorneys who would be as:signed cases under the çont..act. The rea:son is obvious. The attorney presenting the proposal may be qualified. However, it would be impossible for that person to represent everyone. The contract attorney should not be able to assign cases to attorneys who are not qualified. Finally, I would suggest that the contract attorney be allowed, with approval, to add other qualified attorney:s to work under the contract. That would enable the contract