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HomeMy WebLinkAboutAgenda Packet 06-10-2008 · UHIIUIIUIIIIlIIUUII IIIlUIlllllUlIUIUllUIllUlUIIIIIIlIIIIIIIIUUIIIIIIIIIIUIIIIIÞIIUl lUUlIIIIUIIIIIIIIlIIIIUUIIIIIIIIIfIIIHIIIIIIUIUlUUI June 10, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 6/5/08 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. June 10, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.m.st-lucie.f1.us IUUHHUlllUlUIlUUllllllllllllIIlHlllIlllllßlllllUUDlIllUIUUlIUUlIllHUlIlIllIWUIÎUIIllUlßIlIIIUllIIIIIlIIIWIUlUDDBlIIIlUlllUlDIIUIlIUllIlUUllIlllHllllIlllIUIIIIIlUII Joseph E. Smith, Chairman District No. 1 Paula A. Lewis, Vice Chairman District No.3 Doug Coward District No.2 Charles Grande District No.4 Chris Craft District No.5 IIIIIIIIIIIIIHIIIIIIUUllllllIIIIUUlUIIIWIIIIIIIIIIUIlIIIIIIIIIIIUUllIIIUUIUIUUllIIIIHIIIIIIlW DßlIIIUIIUIIDIlIllllUUUIlIIIIIIlIIWIUllllUIlIllIUlUUIllllllllllIIIIUIHMIDI I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 3, 2008 meeting. IV. PROCLAMATIONS/PRESENTATIONS ~~ Ir &3) I ~k( U(,t((¡~CIVI 4 · A Resolution No. 08-196 - Proclaiming Sunday, June 22, 2008, as "Alto L. "Bud" Adams, Jr. Day" in St. . ffr;' Lucie County, Florida - Consider staff recommendation to adopt Resolution No. 08-196 as drafted. B. Presentation of the Proposed Jetty Park Improvements by Paul Williams, Urban Forester City of Fort Pierce C. ADDITION - Resolution No. 08-204 - Congratulatin~Todd Condon, J~organne Lennigraand \Ç~e Pomykacz/all 8th Grade Students at Port St. Lucie's Northport K-8 School; on Winning lSl p ace in e ""National History Day Contest in the Junior Division for a Documentary; and wishing them success at the National Competition to be held at the University of Maryland from June 15, 2008, through June 19, 2008 - Consider staff recommendation to adopt Rr~olution No.08-204 as drafted. \)6. ~\suJo{ (\" GENERAL PUBUC COMMENT CONSENT AGENDA IlP CUY\6e()f ì t-e )\s1(/Ytse'1rG Pu.ll ø). {:; ~ (}'lV (€- ;il-{JOJ..¡&Jt&}1. .' Nso;(ela..¡ o....."M,}¡<-uJ 1414 A. WARRANTS V. VI. f\-nOxWl~ nr\S""O Approve warrant list No. 35 B. COUNTY ATTORNEY 1. New Horizons of the Treasure Coast, Inc., West Midway Road Right-of-Way Dedication/Road Impact Fee Credit Request - Consider staff recommendation to approve the proposed Road Impact Fee Credit Agreement subject to the applicant providing the County with a Warranty Deed in recordable form along with proof (1) of unencumbered title; and, (2) that the right-of- way is not contaminated. 2. Centex - Palm Breezes (now Morningside) - Amendment to Subdivision Improvement Agreement - Consider staff recommendation to approve the proposed Amendment to Subdivision Improvement Agreement and authorize the Chairman to sign the Amendment. & ßJ.Ke vl5cÒ . C. HUMAN RESOURCES St. Mary's Medical Center, Inmate Medical Care Invoice - Staff recommends payment of St. Mary's Medical Center reduced invoice in the amount of $8,729.25. D. PURCHASING 1. Board approval to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center - Consider staff recommendation to approve to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center. 2. Staff is seeking Board approval of the First Amendment to Work Authorization No. 14 (C05-04- 170) with Masteller & Moler, Inc. - Consider staff recommendation to approve the First Amendment to Work Authorization No. 14 (C05-04-170) with Masteller & Moler, Inc. in the amount of $89,930.00 and grant authorization for the Chairman to sign the amendment as prepared by the County Attorney. 3. Award of Invitation to Bid (ITB) #08-038 for the purchase of shell rock material and FDOT base coquina rock to the lowest responsive, responsible bidder, Stewart Mining Industries per the attached unit price list - Consider staff recommendation to approve to award Invitation to Bid #08-038 for the purchase of shell rock material and FDOT base coquina rock to the lowest responsive, responsible bidder, Steward Mining Industries per the attached unit price list, and authorize the Chairman to sign the contract as prepared by the County Attorney. 4. Board approval to advertise a Request for Proposals (RFP) for sponsorship to market tourism - Consider staff recommendation to approve to advertise a Request for Proposals (RFP) for sponsorship to market tourism. E. AIRPORT Request approval of Resolution No. 08-194 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #418243-1-94-01 in the amount of $200,000 (80% FDOT share) with a 20% local match share of $50,000 for a total project cost of $250,000 to conduct the Airport Master Plan Update at St. Lucie County International Airport. F. COMMUNITY SERVICES 1. Approval of Resolution No. 08-197 appointing the initial members of the Affordable Housing Advisory Committee - Consider staff recommendation to approve Resolution No. 08-197 appointing the initial members of the Affordable Housing Advisory Committee. 2. Request approval to award Community Development Block Grant (CDBG) Housing Rehabilitation Bids 18, 19, 20 and 21 to the lowest responsive and responsible bidder - Consider staff recommendation to approve to award the CDBG housing rehabilitation bids on projects to the lowest responsive and responSible bidder. G. UBRARY StrateQic PlanninQ 2008 - Reduction of Library Service Hours - Consider staff recommendation to accept the reduction of service hours at the Hurston, Lakewood Park, Port St. Lucie and Morningside Branch libraries, effective Monday, August 4, 2008. H. MANAGEMENT AND BUDGET Permission to Advertise Public Hearing to Amend the Fiscal Year 2007 - 2008 Budget - Consider staff recommendation to authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the fiscal year 2007-2008 budget. I. CENTRAL SERVICES Approval to purchase the Hydro-4000 - This device will be installed by staff on one of Central Services fleet vehicles and is available through Green Machine Solutions (GMS). This product promises greater fuel efficiency and reduces carbon emissions - Approve Equipment Request #EQ08-322 - Approve Budget Amendment #BA08-025 - Consider staff recommendation to approve the purchase of the Hydro- 4000. This device installs to any vehicle and will be done by staff on one of Central Services fleet vehicles. Cost to purchase the Hydro-4000 is approximately $1,200. Funds in the amount of $1,200 are available and staff is seeking approval of Equipment Request #EQ08-322 and Budget Amendment #BA08-025. J. UTILITIES St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2006/2007 - Consider staff recommendation to approve the adoption of Resolution No. 08-140 ratifying and accepting Fiscal Year 2006/2007 St. Lucie County Water and Sewer District Annual Comprehensive Report. K. CULTURAL AFFAIRS 1. Authorize the serving of beer and wine at the St. Lucie County Marine Center for a 50th wedding anniversary on October 19th, 2008 from 5:00 to 9:00 p.m. - Consider staff recommendation to serve beer and wine at the St. Lucie County Marine Center for a 50th wedding anniversary on October 19th, 2008 from 5:00 to 9:00 p.m. 2. Strateaic Plannina 2008 - Authorize the Cultural Affairs Department to reduce the number of days the St. Lucie County Historical Museum will be open from six days a week to five days a week - Consider staff recommendation to authorize the Cultural Affairs Department to modify the number of days the St. Lucie County Historical Museum will be open from six days a week to five days a week. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for June 10, 2008. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY A)f)(1)J('j . fret--/ 1.5 L~~.L~ . e Vílff~ï{) ~Q.\)H ') ~Ò C1W~ 4() C l»1h (}v ~1 e5 -:Sl";,d'~ ---'it) ADDITION - Chuck's Seafood Restaurant, Inc. - Consider Approval of Proposed Reconstruction Plans - Consider staff recommendation to approve the proposed reconstruction plans for Chuck's Seafood Restaurant, Inc., and authorize the County Administrator to sign the Notice of Commencement. /VI~hlJr L C\¡Jprwe.. ANNOUNCEMENTS 1. The June 24th Regular Board of County Commissioners Meeting and the June 24th Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Florida Association of Counties' Conference. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Monday, June 30, 2008 at 2:00 p.m. in Conference Room #3. 3. The Board of County Commissioners Budget Workshops will begin Monday, July 7, 2008 and run through Thursday, July 10, 2008. 4. The Board of County Commissioners will adopt the proposed budget millage during the Regular Meeting on Tuesday¡ July 15, 2008 at 6:00 p.m. in the County Commission Chambers. 5. The July 22nd Regular Board of County Commissioners Meeting and the July 22nd Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 6. The August 26th Regular Board of County Commissioners Meeting and the August 26th Informal Meeting have been canceled. 7. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 4¡ 2008 at 6:00 p.m. 8. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday¡ September 18, 2008 at 6:00 p.m. 9. The November 4th Regular Board of County Commissioners Meeting has been canceled due to the General Election. 10. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 18, 2008 at 9:00 a.m. in the County Commission Chamber. 11. The December 23rd Regular Board of County Commissioners Meeting has been canceled. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting, MOSQUITO CONTROL DISTRICT www.co.st-lucie.f1.us IllllllHDlIlÏllllllllllllUUIllUWUllUllIllUllÙIIllUIllUIUllUWUIIIIIIIIIUIlUWUUUIlllllmwUIUUIWlWlWIIUIIUIIIIUIUUIIIIIIUIlIIIIIIWIUUIUllUIIUIIIIIIIIUWUI Charles Grande, Chairman District No.4 Doug Coward, Vice Chairman District No.2 Joseph E. Smith District No. 1 Paula A. Lewis District No.3 Chris Craft District No.5 U1UIIUIIIIIIIIIWIIIIDìIlDlIUIIUlUIIIIIIIIIIIIIIIIIlIIIIIIIIUlIIIIIIUUIIDUWUUIIDUlIIUIIUUWUHDUUUWlIIlllllllllllllIIlUWUIIUIIIIlUIIIIIIIIUllIlIlIIIIIIIIIIIIlUlì I. MINUTES Approve the minutes from the May 27, 200S meeting. II. GENERAL PUBUC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36 B. MOSOUITO CONTROL Budgeting of Surplus Equipment memorandum - Consider staff recommendation to approve to utilize funds from Surplus Equipment Sales, in the amount of $31,697.00, as outlined in the Background Memorandum, and approve Equipment Request No.'s OS-29S-Revised, OS-320, 08-321, and Capital Project Summary Form No. 08-124 (Attachments 1-4). 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 dunng a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION CONTROL DISTRICT www.co.st-lucie.f1.us IWIUIUlllUlHUlllllllHllUUlIIIlIUUUlllHWlllllWlUlUUlIIIlWllllllÎWllIIUIIIIllUlUUllllllÎllllllllUlÎllllllllWllllllullUlllWUlIlIlIUllUlIlIl1II11UU1IIUJ jIUIWIWWIi Chris Craft, Chairman District No.5 Charles Grande, Vice Chairman District No.4 Doug Coward District No.2 Joseph E. Smith District No.1 Paula A. Lewis District No.3 IllÎUIIIUIIllUWUllIIIIIIIIWIIIIIWIIWllUwuWIWUIUlÎUUllllHwllllUIIUIIIIIIWWlUllllÌlUWlUlllllIUIIlIIIHIIIIIIIIWUlllUHDllllllllllIIIIIBUlHlllllllllllUllllIIWI I. MINUTES Approve the minutes from the May 27, 2008 meeting. II. GENERAL PUBUC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36 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 opportunrty to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeti ng, f IIIIIIUUIIIIUIIII8UIllllWUUlUUllUllllUUllllllllllUUIUHDIUUIIIllllllIIIIIlÎIIIIlUllllllllllÏlwillüuullllllllllHlIIIlIlUUlUUUDIIlUIUIWUlIIlIIHDlllUllllllUllUlUII1I June 10, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 6/5/08 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations¡ Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually¡ usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday¡ which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule¡ when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment¡ (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting for general publiC comment. Please limit comments to five minutes. DECORUM - Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the publiC and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. June 10, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us IlIUlUllUHUUUUllUlIlUIIUIIWUWIUWlllUlllUllll l/lUWlllWlWllllllUlllIIlUIUIIIIIIIIIIIIIIIHDlUllllllUUIUUlUlllUllUllllUUIlUIIIIIIIIIIIIUWllllllllUlllUlUUUí Joseph E. Smith, Chairman District No.1 Paula A. Lewis, Vice Chairman District No.3 Doug Coward District No.2 Charles Grande District No.4 Chris Craft District No.5 IIIIWlIIIIIIIIIIIIUUIIUlUlUUWUIIIIIIllIIIIIWIIIIIIIIIIIUIUllUWlUlUUUUlllllllUlUUUlUllHDHDUlllIIWIlUIIIIUlUlllIIUIIlUlUWllUlUWlUllUUUllUllllllí I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 3, 200S meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. OS-196 - Proclaiming Sunday, June 22, 200S, as "Alto L. "Bud" Adams, Jr. Day" in St. Lucie County, Florida - Consider staff recommendation to adopt Resolution No. OS-196 as drafted. B. Presentation of the Proposed Jetty Park Improvements by Paul Williams, Urban Forester City of Fort Pierce C. ADDITION - Resolution No. 08-204 - Congratulating Todd Condon, Jr., Morganne Lennig, and Cole Pomykacz; all Sth Grade Students at Port St. Lucie's Northport K-S School; on winning 1st place in the National History Day Contest in the Junior Division for a Documentary; and wishing them success at the National Competition to be held at the University of Maryland from June 15, 2008, through June 19, 2008 - Consider staff recommendation to adopt Resolution No.OS-204 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 B. COUNTY ATTORNEY 1. New Horizons of the Treasure Coast, Inc., West Midway Road Right-of-Way Dedication/Road Impact Fee Credit Request - Consider staff recommendation to approve the proposed Road Impact Fee Credit Agreement subject to the applicant providing the County with a Warranty Deed in recordable form along with proof (1) of unencumbered title; and, (2) that the right-of- way is not contaminated. 2. Centex - Palm Breezes (now Morningside) - Amendment to Subdivision Improvement Agreement - Consider staff recommendation to approve the proposed Amendment to Subdivision Improvement Agreement and authorize the Chairman to sign the Amendment. C. HUMAN RESOURCES St. Mary's Medical Center, Inmate Medical Care Invoice - Staff recommends payment of St. Mary's Medical Center reduced invoice in the amount of $8,729.25. D. PURCHASING 1. Soard approval to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center - Consider staff recommendation to approve to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center. 2. Staff is seeking Board approval of the First Amendment to Work Authorization No. 14 (C05-04- 170) with Masteller & Moler, Inc. - Consider staff recommendation to approve the First Amendment to Work Authorization No. 14 (C05-04-170) with Masteller & Moler, Inc. in the amount of $S9,930.00 and grant authorization for the Chairman to sign the amendment as prepared by the County Attorney. 3. Award of Invitation to Bid (ITB) #08-038 for the purchase of shell rock material and FDOT base coquina rock to the lowest responsive, responsible bidder, Stewart Mining Industries per the attached unit price list - Consider staff recommendation to approve to award Invitation to Bid #OS-038 for the purchase of shell rock material and FDOT base coquina rock to the lowest responsive, responsible bidder, Steward Mining Industries per the attached unit price list, and authorize the Chairman to sign the contract as prepared by the County Attorney. 4. Board approval to advertise a Request for Proposals (RFP) for sponsorship to market tourism - Consider staff recommendation to approve to advertise a Request for Proposals (RFP) for sponsorship to market tourism. E. AIRPORT Request approval of Resolution No. OS-194 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #41S243-1-94-01 in the amount of $200,000 (80% FDOT share) with a 20% local match share of $50,000 for a total project cost of $250,000 to conduct the Airport Master Plan Update at St. Lucie County International Airport. F. COMMUNITY SERVICES 1. Approval of Resolution No. 08-197 appointing the initial members of the Affordable Housing Advisory Committee - Consider staff recommendation to approve Resolution No. 08-197 appointing the initial members of the Affordable Housing Advisory Committee. 2. Request approval to award Community Development Block Grant (CDBG) Housing Rehabilitation Bids 18, 19, 20 and 21 to the lowest responsive and responsible bidder - Consider staff recommendation to approve to award the CDBG housing rehabilitation bids on projects to the lowest responsive and responsible bidder. G. LIBRARY Strateaic Plannina 2008 - Reduction of Library Service Hours - Consider staff recommendation to accept the reduction of service hours at the Hurston, Lakewood Park, Port St. Lucie and Morningside Branch libraries, effective Monday, August 4, 200S. H. MANAGEMENT AND BUDGET Permission to Advertise Public Hearing to Amend the Fiscal Year 2007 - 2008 Budget - Consider staff recommendation to authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the fiscal year 2007-200S budget. I. CENTRAL SERVICES Approval to purchase the Hydro-4000 - This device will be installed by staff on one of Central Services fleet vehicles and is available through Green Machine Solutions (GMS). This product promises greater fuel efficiency and reduces carbon emissions - Approve Equipment Request #EQ08-322 - Approve Budget Amendment #BAOS-025 - Consider staff recommendation to approve the purchase of the Hydro- 4000. This device installs to any vehicle and will be done by staff on one of Central Services fleet vehicles. Cost to purchase the Hydro-4000 is approximately $lr200. Funds in the amount of $1,200 are available and staff is seeking approval of Equipment Request #EQ08-322 and Budget Amendment #BA08-025. J. UTIUTIES St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2006/2007 - Consider staff recommendation to approve the adoption of Resolution No. OS-140 ratifying and accepting Fiscal Year 2006/2007 St. Lucie County Water and Sewer District Annual Comprehensive Report. K. CULTURAL AFFAIRS 1. Authorize the serving of beer and wine at the St. Lucie County Marine Center for a 50th wedding anniversary on October 19th, 2008 from 5:00 to 9:00 p.m. - Consider staff recommendation to serve beer and wine at the St. Lucie County Marine Center for a 50th wedding anniversary on October 19th, 200S from 5:00 to 9:00 p.m. 2. StrateQÎC PlanninQ 2008 - Authorize the Cultural Affairs Department to reduce the number of days the St. Lucie County Historical Museum will be open from six days a week to five days a week - Consider staff recommendation to authorize the Cultural Affairs Department to modify the number of days the St. Lucie County Historical Museum will be open from six days a week to five days a week. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for June lOr 200S. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY ADDITION - Chuck's Seafood Restaurant, Inc. - Consider Approval of Proposed Reconstruction Plans - Consider staff recommendation to approve the proposed reconstruction plans for Chuck's Seafood Restaurant, Inc'r and authorize the County Administrator to sign the Notice of Commencement. ANNOUNCEMENTS 1. The June 24th Regular Board of County Commissioners Meeting and the June 24th Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Florida Association of Counties' Conference. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Monday, June 30, 2008 at 2:00 p.m. in Conference Room #3. 3. The Board of County Commissioners Budget Workshops will begin Monday, July 7, 2008 and run through Thursday, July 10, 2008. 4. The Board of County Commissioners will adopt the proposed budget millage during the Regular Meeting on Tuesday, July 15, 2008 at 6:00 p.m. in the County Commission Chambers. 5. The July 22nd Regular Board of County Commissioners Meeting and the July 22nd Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 6. The August 26th Regular Board of County Commissioners Meeting and the August 26th Informal Meeting have been canceled. 7. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 4, 2008 at 6:00 p.m. 8. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 18, 2008 at 6:00 p.m. 9. The November 4th Regular Board of County Commissioners Meeting has been canceled due to the General Election. 10. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 18, 2008 at 9:00 a.m. in the County Commission Chamber. 11. The December 23rd Regular Board of County Commissioners Meeting has been canceled. 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 mdividual testifying dUring a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.f1.us 1IUIIllllllllllllIUIWIIIIIIIWlUllllllllllllWUllUUUWlUllllllWWllWllllllllWUlllllllllllUlUWlUUIIIIUIIWlUIIIUllllllllllllUUWlUUlIIIIIUIIWUIIIWlllllllUlUUUliII Charles Grande, Chairman District No.4 Doug Coward, Vice Chairman District No.2 Joseph E. Smith District No. 1 Paula A. Lewis District No.3 Chris Craft District No.5 WlUllUllUllllUUHDIIUllUUUWWllIIIlIIUIWWllllUllÌllllUlllUUHIIIWIIWlulIDIWIUIIIIUUIUIIUllUlllUIlIIIUUUUIIIlllllllfUlllllltlUUUUUIlUUIIIIHWlDIlHDUII I. MINUTES Approve the minutes from the May 27, 200S meeting. II. GENERAL PUBUC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36 B. MOSOUITO CONTROL Budgeting of Surplus Equipment memorandum - Consider staff recommendation to approve to utilize funds from Surplus Equipment Sales, in the amount of $31,697.00, as outlined in the Background Memorandum, and approve Equipment Request No.'s OS-29S-Revised, OS-320, OS-321, and Capital Project Summary Form No. OS-124 (Attachments 1-4). NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION CONTROL DISTRICT www.co.st-lucie.f1.us IlllIIUUUlUlUlllIUlIUUWWlllllllllllllllllØWIUWUWIUlUIIlllIIIIUlIIIIIIlIIlllIIUlllllllUlllllllUUIllllllllllmmHlllllllUlIUlIIlWlllUWIIUIUIIUUIWIllllIUIIUIIIUIIU Chris Craft, Chairman District No.5 Charles Grande, Vice Chairman District No.4 Doug Coward District No.2 Joseph E. Smith District No.1 Paula A. Lewis District No.3 IUIUllUllUllllliwuwuullllHIIUJIUllUWUWUUIIUllHllUWWUUWIWllllllllllUwulllllllllllWUlWlWIIÌIIIIIlIIlllllllUHIIWllUlUIIIWWllllllllllllllllÚlllllllU1 I. MINUTES Approve the minutes from the May 27,2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36 NOTICE: All Proceedings before this Board are electronicaliy recorded. Any person who decides to appeai any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 3, 2008 Convened: 6:00 p.m. Adjourned: 6:55 p.m. Commissioners Present: Joseph Smith, Chairman, Paula A. Lewis, Chris Craft, Doug Coward, Charles Grande Others Present: Doug.Anderson, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Case, Utilities Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. INVOCA nON 2. PLEDGE OF ALLEGIANCE 3. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held May 27, 2008, and; upon roll call, motion carried unanimously. 4. PROCLAMA nONS/PRESENT A nONS 5. GENERAL PUBLIC COMMENTS Mr. Terry Cooper, Regina Drive resident, addressed the Board regarding a parcel he owned several years ago. During the time of his ownership he had subdivided the property for John Carroll' soccer field. He advised the Board of the promised landscaping barrier by John Carroll's Attorney that has never been completed. He felt to this day, the code had not been followed. The Chairman asked Mr. Cooper to schedule an appointment with him and the County Administrator in order to once again review the circumstances surrounding this parcel and Mr. Cooper's concerns. Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the Indian River Lagoon. The Chairman advised Mr. Arena staff had addressed his concerns from a past meeting and was waiting for a response. 6. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved Warrant List No. 35. B. HUMAN RESOURCES 1 06/02/08 FZABWARR FUND 001 001164 001167 001180 001181 001183 001190 001193 001195 001405 001412 001414 001420 001424 001428 001429 101 101001 101002 101003 101004 101006 102 102001 102109 105 107 107001 107002 107006 107204 107205 109 111 112 120 122 126 130 139 140 140133 140335 150 160 170 183 183001 ST. LUCIE CC~_'H - BOARD WARRANT LIST #35- 24-MAY-2008 TO 30-MAY-2008 FUND SUMMARY TITLE General Fund USDOJViolence Against Women Grant FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 FTA See 5307 - Buses 05/06 FDCA SLC Buildings Wind Retrofit pr Community Services Block Grant St Lucie Co Special Needs Shelt CTD Medicaid Non-Emrg Grant FY 07 Fixed Route Grant FY 07 TDC Planning Grant 07 Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Residential Construction Mitig. Pro Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Indian River Estates Stormwater Imp Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Drug Abuse Fund River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting SLC Public Transit MSTU Palm Grove Fund Port & Airport Fund Construct Runway 9L/27R Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat EXPENSES 2,456,164.02 11,135.28 46.50 1,.637.37 50,111.00 563.75 14.01 2,329.00 112.70 1,731.25 105,071.00 312.80. 201.40 190.14 180.81 2,909.66 9,066.78 6,900.53 28,522.99 14,603.47 3,678.24 124,291.08 18,999.03 3,514.39 1,103,386.73 23.99 3,557,513.29 1,224.07 85.20 2,478.03 409.41 156.83 35.00 2,858.94 607.69 180.44 1,041.79 125.35 166.48 761.94 3,780.30 7,605.27 400.28 464.37 264.46 7,109.88 3,333.81 64.69 PAGE PAYROLL 682,511.97 183.12 607.91. 266.24 0.00 5,463.11 183.11 0.00 1,473.14 0.00 0.00 0.00 2,632.52 2,485.60 0.00 9,827.52 45,611.17 1,005.55 45,486.79 33,525.29 18,705.90 0.00 96,182.67 6,256.46 0.00 0.00 153,427.31 1,113.60 1,113.60 8,640.80 1,507.10 2,050.05 0.00 0.00 0.00 0.00 0.00 0.00 2, 1 7 6 . 18 0.00 14,672.22 0.00 0.00 6,070.20 3,456.98 0.00 1,340.13 0.00 06/02/08 FZABWARR FUND 183004 183006 184209 184212 185009 189201 310002 316 316001 39007 401 418 451 458 461 471 478 479 491 505 505001 611 625 655 665 801 ST; LUCIE CCp - BOARD WARRANT LIST #35- 24-MAY-2008 TO 30-MAY-2008 FUND SUMMARY TITLE Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP - Fort Pierce Shore Protection Fort Pierce IMP Implementation FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla Impact Fees-Parks County Capital 5th Cent Fuel-Capital Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Insurance Agency Fund SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 472.09 99.37 4,193.96 54,226.84 170.68 339.83 1,900.00 150,851.39 98.51 613.00 50,652.15 12,490.76 18,787.59 42.59 2,460.69 98,944.99 4,618.84 67.06 9,393.01 7,484.53 1,094,493.43 3,544.32 3,793.45 149,247.24 2,900.00 387,191.30 9,595,443.06 PAGE PAYROLL 5,996.24 0.00 0.00 0.00 2,231.20 4,442.16 0.00 0.00 0.00 0.00 66,332.93 23,278.19 1,871.31 556.83 20,151.06 10,019.42 1,519.21 876.34 55,179.58 4,100.44 2,410.40 13,021.70 0.00 0.00 0.00 0.00 1,359,963.25 Request for Board approval of Resolution No. 08-193 - The Board approved Resolution No. 08-193 amending the Employee Handbook for Employees ofS1. Lucie County, Florida. C. PURCHASING 1. Resolution No. 08-191- The Board approved Resolution No. 08-191 amending the S1. Lucie County Manual of Purchasing Regulations by amending Section 10 of the Purchasing Manual to add Medical Services to the list of professional services that are exempt from the requirements of the Professional Services Negotiation procedures as described in Section 10.3, Professional Services Authorization, and Section 10.4 Request for Proposals. However, the County Administrator may require that a Request for Proposals be prepared and to follow the professional services negotiation procedures as described in Section 10.4 Request for Proposals. This resolution also establishes revised Section 10.3 Professional Services Authorization, subsection e, 4-. 2. Fixed Asset Inventory Property Record Removal- S1. Lucie County Board of County Commissioners- the Board authorized staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. 3. Fixed Asset Inventory Property Record Removal- S1. Lucie County Health Department- the Board authorized staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. D. CENTRAL SERVICES I. The following companies were requesting to demonstrate their products: ActivTeck Environmental to demonstrate their product at the Agriculture Extension Office (picos Road) by installing Power-Save units on the main chiller unit as a means of reducing utility costs. Green Products, LLC to demonstrate their product at the Mosquito Control Office by installing Cold-Plus into the AlC equipment as a means of reducing utility costs. The Board approved the above companies request to demonstrate their products. S1. Lucie County is under no obligation related to the installation, or in the future, to purchase any products from ActivTec Environmental or Green Products, LLC. The Board authorized the Chairman to sign the agreements as prepared by the County Attorney. 2. Rock Road Jail Improvements- the Board approved advertising an invitation to bid for the purchase of paint for the jails building exterior. E. PUBLIC WORKS Engineering Division- Kings Highway Canal Culvert Replacement at Winter Garden Parkway project- The Board approves accepting the project, releasing the retainage in the amount of$27,338.40 and make Final Payment in the amount of$27,338.40. F. GRANTS Submittal of grant application to the US Department of Transportation- The Board approved the submittal of the grant application to the US Department of Transportation, Office of Aviation Assistance, Small community Air Service Development program for funding not to exceed $200,000 to conduct a marketing study to determine the potential demand for future commercial air service. 2 G. AIRPORT I. Request approval of Budget Resolution No. 08-192 for the FDOT Joint Participation Agreement # 424426-1-94-01 in the amount of$9,416 with a local share of $2,354 for a total project cost of $11,770 for the installation of lighting protection at the St. Lucie County International Airport- the Board approved Budget Resolution No. 08-192 and authorized Chairman or designee to execute same. 2. Request for approval of State Financial Assistance Agreement for extension of time from June 30, 2008 to August 31, 2008 for Grant LP030 1 from Florida Department of Environmental Protection for the St. Lucie County Airport Industrial Park Wastewater Project- the Board approved the State Financial Assistance Agreement and authorized the Chairman or designee to execute same. H. COMMUNITY SERVICES 1. Permission to advertise three Invitations for Bid to solicit bids for the My Safe Florida Home Program- the Board approved advertising three Invitations for Bid to solicit bids for the My Safe Florida Home program. 2. Approval of Modification Number 6 for a time extension to the St. Lucie County CDBG DRI Grant # 06DB3C-IO-66-01-W32- the Board approved Modification Number 6. I. PARKS AND RECREATION Equipment Request Revisions- the Board approved adjusting the Equipment Request dollar amounts for purchase of computer and audio visual equipment for the Fenn Center. END OF CONSENT AGENDA 6. PUBLIC HEARINGS A. GROWTH MANAGEMENT Consider staff recommendation to approve Draft Resolution No. 08-016 approving the request for Preliminary and Final Planned Non-Residential Development Site Plan approval for a two story professional office building (fka PGA Village Hotel and Office Phase II) with the PNRD zoning district. Mr. Greg Boggs, Thomas Lucido and Associates, was present to answer any questions the Board may have. Ms. Pamela Hammer, representing the PGA Property Owners Board of Director, addressed the Board and stated the Property Owners had no objection to this application. It was moved by Com. Coward, seconded by Com. Grande to approve Resolution No. 08- 016, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT Consider staff recommendation to adopt Resolution No. 08-148 granting a 12 month extension to the Final Planned Development Site Plan known as Millcreek PUD. Staff recommended the Resolution be amended to add the revision of condition 2B where it would state "to be accomplished within 60 days of the approval of the extension". The applicant, Mr. Hugh Evans representing MillCreek stated he was comfortable with the dedication of right of way provided he received approval by the lender. 3 Com. Grande advised those present he would approve this request one time only and would not look favorably on another extension request. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 08- 148 as amended by the County Surveyor, and; upon roll call, motion carried unanimously C. GROWTH MANAGEMENT Consider staff recommendation to adopt Resolution No. 08-151 granting a 12 month extension to the Final Planned Development Site Plan known as Tailor's Cove PUD. Staff advised the Board this applicant has obtained the vegetation permit and needs more time in order to commence construction. Mr. Dennis Murphy, Culpepper & Terpening addressed the Board and concurred the applicant needed more time in order to commence with the construction. Com. Grande stated he did not have a problem with this extension due to the fact they had taken great care when it came to the impact on the Indian River Lagoon. It was moved by Com. Grande, seconded by Com. Coward, to approve Resolution No. 08-151, and; upon roll call, motion carried unanimously. D. GROWTH MANAGEMENT Request by the Growth Management Director for authorization to amend the Official Zoning Atlas to change the zoning on three parcels of land. These parcels of land were not rezoned to their appropriate zoning districts at the time of a 2004 land swap between S1. Lucie County and Diamond Sands Subdivision. The subject properties are Lot 7 and Lot 8 of Diamond Sands Subdivision and Herman's Bay Beach Park located on the east side of South Ocean Drive on South Hutchinson Island. Lot 7 and 8 7D-l. It was moved by Com. Grande, seconded by Com. Coward, to approve Resolution No. 08-020, and; upon roll call, motion carried unanimously. It was moved by Com. Grande, seconded by Com. Coward, to approve Resolution No. 08-021, and; upon roll call, motion carried unanimously. 7D-2. Herman's Bay It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 08- 022, and; upon roll call, motion carried unanimously. E. COUNTY ATTORNEY Ordinance No. 08-006- Credits for Right of Way Dedication- This is the first of two public hearings. No action required at this time. Com. Coward addressed the Board and stated for the record the Planning and Zoning Board had recommended Board approval to proceed by a vote of 9 to O. Mr. Dennis Murphy, Culpepper & Terpening representing the applicant, addressed the Board and stated he had concerns with Page 3, Paragraph 6, and the underlined language concerning the timing. He recommended language to address these concerns and stated he would present it to the County Attorney and the Board for their consideration before the next public hearing. 4 It was the consensus of the Board to schedule the second public hearing on July 8,2008 at 9:00 a.m. or as soon thereafter as it may be heard. No action required at this time. END OF PUBLIC HEARINGS REGULAR AGENDA 7. PARKS AND RECREATION This item was pulled prior to the meeting. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 '" ¡ AGENDA REQUEST ITEM NO. 4A DA TE: June 10, 2008 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 08-196 - Proclaiming Sunday, June 22, 2008, as "Alto L. nBud" Adams, Jr., Day" in St. Lucie County, Florida. BACKGROUND: PREVIOUS ACTION: Jody Bonet, St. Lucie County Cultural Affairs Director, has requested that this Board proclaim Sunday, June 22, 2008, as Alto L. "Bud" Adams, Jr., Day in St. Lucie County, Florida. The attached Resolution No. 08-196 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 08- 196 as drafted. COMMISSION ACTION: CONCURRENCE: [)( ] [ ] APPROVED OTHER: DENIED -------. .:> --.. ~ Approved 5-0 Douglas Anderson County Administrator County Attorney: Originating Dept -e~ Finance: (Ch-eCk for C py only, tv /./ c, Review and Approvals Management & Budget Purchasing Other: Other: cf applicablcl___ Eff _ 5/96 " \ RESOLUTION NO. 08-196 A RESOLUTION PROCLAIMING SUNDAY, JUNE 22, 2008, AS "ALTO L. "BUD" ADAMS, JR. DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The St. Lucie County Historical Museum and the St. Lucie County Cultural Affairs Department recognize the lifelong contributions to this community by one of St. Lucie County's most prominent citizens, Mr. Alto L. "Bud" Adams, Jr. 2. Mr. Alto L. "Bud" Adams, Jr. is a prominent figure in Florida's cattle and citrus industries, a respected naturalist, environmentalist, conservationist, and photographer. 3. Mr. Adams, Jr. has made generous contributions to the community and to promoting, preserving, and protecting St. Lucie County's history; and is recognized for his stewardship of natural resources and conservation efforts in pioneering natural plant and pest control on his ranch lands. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim Sunday, June 22, 2008, as "MR. ALTO L. "BUD" ADAMS, JR. DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to attend the open house at St. Lucie County Historical Museum from 2:00 until 4:00 p.m. on Sunday, June 22, 2008, and participate in .; I the reception sched,Üed to honor Mr. Al to L. "Bud" l\.dams, Jr. 3. This Board encourages the citizens of St. Lucie County to visit the St. Lucie County Historical Museum between June 17, 2008, through August 17, 2008, and enjoy and learn about the wildlife of St. Lucie County's natural history by viewing the photographic works of Mr. Alto L. "Bud" Adams, Jr. featured in the Museum's special exhibit "A Walk on the Wild Side of St. Lucie County". PASSED AND DULY ADOPTED this 10th day of June, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTION: COUNTY ATTORNEY Page 1 of 1 4ß ~ \0 Oõ Missy Stiadle - June 10,2008 BOCC meeting From: To: Date: Subject: 5/22/2008 4:34 PM June 10, 2008 BOCC meeting Missy, This e-mail is to confirm the placement of the City of Ft. Pierce presentation of the proposed Jetty Park improvements to the BOCC at the 9:00a.m. meeting June 10, 2008. The city's Project Manager will present the Jetty Park proposed conceptual plan that was approved by the Fort Pierce Redevelopment Agency (FPRj\) Board on March 23, 2008. As required in the interlocal agreement, the city shall advise the County of any planned improvements to Jetty Park. This very short presentation will include a power point presentation for the public to see the proposed plan and answers to any questions the BOCC might have about the project . Paul Williams, Urban Forester · · · · · LEGAL DISCLAIMER · · · · * Disclaimer (autocreated by SecuriQ.Trailer) Mail is intended for work prepnration purposes only. No legal definite promise. Under Florida law, c-mail addresses are public records. If you do not want your e-mail address released in rcsponse to a publil'-records request, do not scnd electronic mail to this entity. Instead, contact this office by phone or in writing. This documcnt should only bc read by those persons to whom it is addressed and is not intended to be relied IIpon by any person without subsequent written confirmation of its contents. Accordingly, The City of Fort Pierce disclaims nil responsibility and accepts no liability (including in negligence) for the consequences for any person acting, or refnlining from acting, on such information prior to the receipt by those persons of snbsequent written confirmation. If you have received this e-mail message in error, please uotify us immediately by telephone. Please also destroy and delete the message from your computer. Any form of repl'Oduction, dissemination. copying, disclosurc, modification, distribution andlor pnblication of this e-mail message is strictly prohibited. * * · * * LEGAL DISCLAIMER · · · · * file://C:\Documents and Settings\Administrator\Local Settings\ T emp\XPgrpwise\4835A09... 5/27/2008 .... I AGENDA REQUEST ITEM NO. ADDITIONS 4C DA TE: June lØ, 2008 REGULAR ADDITIONS [X] PUBLIC HEARING [ ] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTÈD BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 08-204 - Congratulating Todd Condon, Jr., Morganne Lennig, and Cole Pomykacz; all 8th Grade Students at Port St. Lucie's Northport K-8 School; on winning 1st place in the National History Day Contest in the Junior Division for a Documentary; and wishing them success at the National Competition to be held at the University of Maryland from June 15, 2008, through June 19, 2008. BACKGROUND: Assistant County Administrator, Faye Outlaw, has requested that this Board congratulate Todd Condon, Jr., Morganne Lenning, and Cole Pomykacz for winning 1st place in the National History Day Contest in the Junior Division for a Documentary. The attached Resolution No. 08-204 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No.08-204 as drafted. COMMISSION ACTION: CONCURRENCE: [ ><] APPROVED [ ] OTHER: Approved 5-0 DENIED ~- - ~ ~ Douglas Anderson County Administrator Review and ADDroval~ County Attorney: Management & Budget Originating Dept. Other: Finance: (Check Eor Copy only, if applicable)_ Purchasing : Other: EEf. 5/96 .. ~ RESOLUTION NO. 08-204 A RESOLUTION CONGRATULATING TODD CONDON, JR., MORGANNE LENNIG, AND COLE POMYKACZ; ALL 8TH GRADE STUDENTS AT PORT ST. LUCIE'S NORTHPORT K-8 SCHOOL; ON WINNING 1ST PLACE IN THE NATIONAL HISTORY DAY CONTEST IN THE JUNIOR DIVISION FOR A DOCUMENTARY; AND WISHING THEM SUCCESS AT THE NATIONAL COMPETITION TO BE HELD AT THE UNIVERSITY OF MARYLAND FROM JUNE 15, 2008, THROUGH JUNE 19, 2008 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Mr. Dennis Dawson, Social Studies Program Specialist for the St. Lucie County School District, Mr. Eric Seymour, Principal of Port St. Lucie's Northport K-8 School, and Mrs. Mary Shay Ellsworth, Social Studies Teacher for 6th, 7th, and 8th grade students at Port St. Lucie's Northport K-8 School, believe that the purpose of the National History Day Competition is to allow students to research and apply what they have learned by "touching the past and connecting to the future". 2. From October, 2007, through January, 2008, Middle School social studies students at Northport K-8 School were encouraged to select a proj ect, develop a thesis, and research primary and secondary resources for their selected project. In order to meet the requirements for the National History Day Competition, they were required to revise their thesis and defend it, and gather together the edited material in order to create a ten minute documentary. .," ,I 3. In order to move from the class competition in Mrs. Mary Shay Ellsworth's social studies classes to the school competition level, they had to receive an "A" on the project. Todd, Morganne and Cole revised their documentary "A CRY FOR HELP: CONFLICTS AND COMPROMISES OF THE INDIAN RIVER LAGOON" and refined and continued their research. The judging at the School level was based on content only. 4. After winning the School Competition, they revised and refined their documentary again adding additional research information. The County Level Competition was based on presentation and a question and answer period. After winning the County Level Competi tion they revised and refined their documentary again adding additional research information. S. The next hurdle Todd, Morganne, and Cole had to jump over was the State Level Competition which was based on the presentation and a question and answer period. This competition consisted of students throughout the State of Florida who were the best of the best, as were Todd, Morganne, and Cole. 6. Todd, Morganne, and Cole knew that the competition would be fierce, but they were ready to meet the challenge. They not only met the challenge; they conquered it and won. 7. Mrs. Mary Shay Ellsworth, (Social Studies Teacher for the Gifted and Enriched students of 6th, 7th and 8th grade at Northport K-8 School) stated that Todd, Morganne, and Cole maintained a high grade point average during this entire time. They never faltered .. \ or let up on their studies. These students are determined, open to positive criticism and have taken this beyond a grade, winning in the class, school and state. These students also have taken this to the level of concerned citizens, trying to make a difference for the future of the Indian River Lagoon, for their future, and the future of our nation, and the world. NOW, THEREFORE, BE IT RESOLVED by the Board of County commissioners of St. Lucie County, Florida: 1. This Board does hereby congratulate Todd Condon, Jr., Morganne Lennig, and Cole pomykacz for winning 1st Place in the National 'History Day Contest in the Junior Division for a Documentary. 2. This Board further wishes Todd, Morganne, and Cole success at the National Competition to be held at the University of Maryland from June 15, 2008, through June 19, 2008. PASSED AND DULY ADOPTED this 10th day of June, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 06/06/08 FZABWARR FUND 001 001164 001167 001180 001183 001190 001193 001195 001404 001419 001420 001424 001426 001428 001429 101 101001 101002 101003 101004 102 102001 105 107 107001 107002 107003 107006 107204 107205 115 129 130 140 140001 140344 150 160 183 183001 183003 183004 183006 185009 189201 316 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #36- 31-MAY-2008 TO 06-JUN-2008 FUND SUMMARY TITLE General Fund USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/FHWA/Planning 2007 FTA Sec 5307 - Buses 05/06 FDCA SLC Buildings Wind Retrofit pr Community Services Block Grant 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC TDC Planning Grant 07 Dept of Financial Services My Safe Fla Local Update of Census Addresse FDCA Emrg. Mgmt Preparedness & Assi Residential Construction Mitig. Pro Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Sheraton Plaza Fund Parks MSTU Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Taylor Creek Restortation Phase 3 Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery PIa County Capital Sanitary Landfill Fund Golf Course Fund EXPENSES 690,468.45 36.08 110.82 26.22 8,915.06 18.04 16,888.10 3,948.82 98,422.73 7,572.14 356.18 1,602.52 66.64 647.80 1,032.60 14,102.45 297.15 30, 14 9 . 28 34,674.31 15,180.38 60,557.80 28,432.79 2,109.34 93,677.20 329.07 412.07 2,271.73 7,728.62 1,033.59 1,244.91 1,470.32 44,747.63 636.82 12,295.26 214.81 193,297.59 446.30 7,292.76 2,457.01 160.00 151.75 2,010.08 520.00 688.07 1,742.98 1,572,219.60 301,995.39 15,161.76 PAGE 1 PAYROLL 16,950.06 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 7,807.90 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 06/06/08 FZABWARR FUND 451 458 461 471 478 479 491 505 505001 611 625 665 685 686 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #36- 31-MAY-2008 TO 06-JUN-2008 FUND SUMMARY TITLE S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Oist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art ~n Public Places Trust Fund Sunland Gardens MSBU Greenacres MSBU Bank Fund GRAND TOTAL: EXPENSES 673.78 169.62 17,022.50 74,568.11 462.65 266.26 14,248.13 629,337.35 6,157.26 10,128.39 700.00 1,788.92 9,013.86 4,111.13 30,447.98 4,078,916.96 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,402.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 28,160.30 06/06/08 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #36- 31-MAY-2008 TO 06-JUN-200B FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 31,111.19 31,111.19 PAGE 1 PAYROLL 0.00 0.00 06/06/08 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #36- 31-MAY-2008 TO 06-JUN-2008 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund GRAND TOTAL: EXPENSES 2,095.18 2,095.18 PAGE 1 PAYROLL 0.00 0.00 AGENDA REQUEST ITEM NO. 6Bl DATE: June 10, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: New Horizons of the Treasure Coast. Inc.. West Midway Road Right-of- Way Dedication/Road Impact Fee Credit Request BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the proposed Road Impact Fee Credit Agreement subject to the applicant providing the County with a Warranty Deed in recordable form along with proof (1) of unencumbered title; and, (2) that the right-of-way is not contaminated. COMMISSION ACTION: CONCURRENCE: M APPROVED [ ] DENIED [ ] OTHER: .-----r ~ ----." Approved 5-0 Douglas Anderson County Administrator County Attorney: þ/ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eff.5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 08-836 DATE: May 28, 2008 SUBJECT: New Horizons of the Treasure Coast, Inc., West Midway Road Right-of-Way Dedication/Road Impact Fee Credit Request AAAAAAAAAAAA***************************AAAAAAAA4AAAAAAAAAAAAAAAAA*******AA444AAA4444* BACKGROUND: Attached is a draft Road Impact Fee Credit Agreement with New Horizons of the Treasure Coast proposing that the County grant credits against road impact fees for donation of forty feet (40') of right-of-way along West Midway Road by New Horizons of the Treasure Coast, Inc. The proposed credit amount is $23,594, which is one hundred twenty (120')'0) percent of the 2007 assessed value. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the proposed Road Impact Fee Credit Agreement subject to the applicant providing the County with a Warranty Deed in recordable form along with proof (1) of unencumbered title; and (2) that the right-of-way I not contaminated, DSM/caf Attachment 1 RI F 08-001 2 Associated with SLC Project Number: _ . 3 4 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. 5 LUCIE COUNTY, FLORIDA AND NEW HORIZONS OF THE 6 TREASURE COAST, INC., IN CONSIDERATION FOR THE 7 CONVEYANCE OF A PORTION OF RIGHT OF WAY FOR 8 THE FUTURE WIDENING OF WEST MIDWAY ROAD, IN 9 UNINCORPORATED ST. LUCIE COUNTY. 10 11 12 THIS AGREEMENT is made and entered into as of this ~ day of ,2008, byandbetween 13 ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as 14 "S1. Lucie County" and NEW HORIZONS OF THE TREASURE COAST, INC., a Florida Non-Profit 15 Corporation, hereinafter referred to as "New Horizons." 16 17 WITNESSETH 18 19 20 WHEREAS, "New Horizons" owns certain real property Jocated along Road, west of Selvitz Road, that has been identified by St.tucie future widening ofvvestMidway Road; and, side of West Midway being needed for the 21 22 23 WHEREAS, On August 21, 2001, "New Horizons" received approval, thrqugh Resolution 01-126, for 24 a Conditional Use Permit authorizing the operation of a mental heath facility in the Institutional Zoning 25 District, subject tocertaÎn limiting conditions (refer to Exhibit C); and, 26 27 WHEREAS, "New Horizons" has submitted an application for a Major Adjustment to an existing 28 Conditional Use to permit the development of a new Children's Crisis Unit at the existing New 29 Horizons facility along West Midway Road, on property described in the attached Exhibit "A," and, 30 31 WHEREAS, Condition Number 2 of Resolution 01-126, requires that before additional buildings or 32 other site modifications are made to the property described in Exhibit "A" are approved by the County, 33 "New Horizons" of the Treasure Coast is to convey to the County the south 40 feet of the parcel 34 described in Exhibit "A" below, for future road right-of-way purposes of West Midway Road; and, 35 36 WHEREAS, S1. Lucie County has adopted a "Roads Impact Fee Ordinance" which imposes impact 37 fees relating to public transportation facilities; and, 38 Road Impact: Fee Credit Draft #3 . R IF 08-001 Page 1 1 WHEREAS, Section 1-17-33.1(c) of the Code of Ordinances of SI. Lucie County provides for credits 2 for the provision of non-site related right-of-way dedications on those roadways that are a part of the 3 County's Roads Impact Fee Eligibility network; and, 4 5 WHEREAS, West Midway Road is part of SI. Lucie County's Roads Impact Fee Eligibility network; 6 and, 7 8 WHEREAS, This Board does hereby determine that the right-of-way dedication is a non-site related 9 right-of-way dedication and that it is to the benefit of the County and public at large; and, 10 11 WHEREAS, based on the provisions of Section 1-17-33.1(c) of the Code of Ordinances Of St. Lucie 12 County, the value of the dedicated right-of-way for the future wideningo~>West MidWay ROad, is 13 computed as follows: 14 New Horizons of the Treasure Coast, Inc. Impact Fee Credit Computation Table General Parent Parcel Data Parcel 10 3406-501-0020·000/9 Assessed Value (2007) $ 593,400 (land only) Parcel Size 9.05 394,392 acres square feet Assessed valuel acre Assessed valuel sf $ $ 65,540 1.50 West Midway Road ROW area of conveyance 13068 sf 0.3 ac value of conveyance(at 120% value computation) $ 23,594 15 16 WHEREAS, "New Horizons" and "St. Lucie County" are desirous of establishing the amount of credit 17 that "New Horizons" shall be entitled to for the value of the dedicated right-of-way for the future 18 widening of West Midway Road; and, 19 20 Whereas, based upon the provisions of Section 1-17-33.1 (b )(3) of the code of ordiances of st. duei 21 county, no credit shall exceed the amount due for the road impact fee; and, 22 Road Impact Fee Credit Draft #3 RIF 08·001 Page 2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 NOW, THEREFORE, in consideration of the mutual covenants entered into be to be made and performed, and in consideration of the benefits to accrue to agreed as follows: Section 1 Incorporation by Reference. The above recitals are true and correct and made a part of this Agreement by reference. Section 2 Amount of Credit. "New Horizons" is entitled to a credit against Road Impact Fees in the amoúntof Twenty Three Thousand, Five Hundred and Ninety Four ($ 23,594 ) dollars under the criteria setforthin Section 1- 17-33,1 (c)(6) of the Code of Ordinances of St Lucie County for the dedication of certain right-of-way associated with the expansion of West Midway Road. Section 3 limitation of Credit. The credit established by this Agreement is limited solely to the attached Exhibit "A", and is not transferable to any other property 0 Lucie County. The credit may only be applied against Road 1m transferable as a credit against other impact fees imposed for purposes 0 described in the "New Horizons~ .in St. not be The credit established. by this Agreement represents the maximum values associated with the dedication of certain right-of-way associated with.the expansion of West Midway Road. This credit may be drawn d9wn through .the.. issuance9fany oné; örmore, building permit(s) requiring the payment of a Road Impact Fee, up to the value of the credit. In the event that any application for building permit results in a Road Impact Fee in excess of the cited credit value, the applicant for said building permit shall be responsible for any fees due above the original or remainder credit value. Section 4 Assignability of Credit. "New Horizons" may assign all or part of the credit described in Section 2 above to its successors in title and interest to the property described in Section 3 above. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by "New Horizons" to St. Lucie County, at the address set forth below and the original assignment shall be recorded in the public records of St. Lucie County: County Administrator Road Impact Fee Credit Draft #3 RIF 08-001 Page 3 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 2300 Virginia Avenue Fort Pierce, Florida 34982 with copy to: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 Section 5 Recordability of Agreement. Section 6 This Agreement shall be recorded by "St. Lucie County" in the public and shall be binding upon "New Horizons" and any successors in described in Section 3 above. of St. Lucie County, title to the property Termination of Agreement. This agreement shall be effective until all of the Road Impact Fee. have been consumed through the issuance of a b~ilding permit, or IN WITNESS WHEREOF, the parties hereto have written. under Section 3 approval. and year first above 25 Signed, sealed and delivered]n thø presence 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Attest: Board of County Commissioners St. Lucie County, Florida BY: DEPUTY CLERK CHAIRMAN Approved as to Form and Correctness: COUNTY ATTORNEY ******************************** Road Impact Fee Credit Draft #3 RtF 08-001 Page 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 FOR: NEW HORIZONS OF THE TREASURE COAST, INC., BY: BY: Name: Title: WITNESS: ACKNOWLEDGMENT STATE OF FLORIDA ) ) !IS COUNTY OF ) BEFORE ME, the undersigneclai..lthority personally appeared and is authorized to sign and execute the .aboveAgreement and that the representations above stated are true and correct to the best of his knowledge. information, and belief. SWORN TO AND SUBSCRIBED before me this day of State of Florida at Large Notary Public My Commission Expires: Road Impact Fee Credit Draft #3 ,20_. RIF 08-001 Page 5 1 EXHIBIT A 2 Legal Description 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LOT 13 OF THE NORTHEAST ONE-QUARTER OF, MODEL LAND COMPANY'S SUBDIVISION OF SECTION> 6, TOWNSHIP 36, RANGE 40 EAST, ACCORDI THE MAP OR PLAT THEREOF AS RECORDED IN BOOK 4, PAGE 34, PUBLIC RECORDS OF ST. COUNTY, FLORIDA; EXCEPTING THEREFROM, ALL OF WAY FOR DRAINAGE CANALS AND PUBLIC Parcel 10 Number: Aoád Impact Fee Credit Orah 1/:3 RIF 08-001 Page 6 3 4 6 8 10 12 14 2 EXHIBIT B Project Location Map FPUAlFNI'A POWER GENERA"llON SITE -'t III o 0:: ,tj. .:; "'i-- en Section 6. Township~, Range 40E ~',~;/;;;:;I New Hori:rons of the Treasure Coast Legend City Limits ~ Fort Pierce Port St. Lucie Location Map New Horizons of the Treasu re Coast [Ð CiJ~J"!r,r-P'f~~ &. TfJH'f.:~jIU.;, Iwe Road Impact Fee Credit Draft #t3 RIF 00-001 Page 7 EXHIBIT C 2 Resolution 01-126, 3 4 5 6 7 8 9 10 11 [ goto Road Impact Fee Credit Orait #3 RIF 08-001 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1~~ . 22 23 24 25 ~6 27 28 29 30 1 ~3! 35 36 37 ~ 38 39 40 ì 41 :; 42 ..;5 I~ l'f RESOLUTION 01-126 FILE NO.: CU-Ol-ClO31CU-98-OOlI 2. On July 26. 2001, the St. Lucie County Planning and Zoning Commission held a pUblic hearing on the petition, after publishing notice at least 1 0 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in the I (Institutional) Zoning Districtforthe property described in Part B below. 3. On August21, 2001, this Board held a publiC hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11 .07.03 of the St. Lucie County Land Development Code. 5. The proposed project will not have an undue adverse effect on adjacent property, the characterofthe neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. File N, : CU-Ol-004 August21,2001 Resolution 01-126 Pagel :::0'" c.., PI :::: Ii< oco'ž ...., z 0. Z fT1 <0'" o...:r: ..ao ......co, ......., :3 èi"~ Ot . ............. ChOO .........., '-"l1'Tl f-Io!:3~ "" -:¡ .. >¡;¡ ~§3 ...... ~ffi o ""0 H ~ê ""H ...... ~ :Dg ~c:= ::0 ...... ...... 0' 0:> ~ H Z .... § .... IT1 g c:= :!:í -< Road Impact Fee Credit Draft #3 RIF 08-001 PaQ8 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ]6. The proposed project will be serviced by adequate public facilities ] and services. ] 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on August 21, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie Count , Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permittor New Horizons of the Treasure Coast to allow for the expansion of certain administrative support operations for the eXisting New Horizons of the Treasure Coast Mental Health Facilities in the I (Institutional) Zoning District is granted for the property described in Part B below, subject to the following condition: 1. The use of the subject property shall be limited to office space use only for the operations of New Horizons of the Treasure Coast. 2. Prior to any application for any additional buildings or other site modifications on this property. other then Interior renovations to the existing home. New Horizons of the Treasure Coast, its successor and assigns shall convey to the County. the south 40 feet of the parcel described in Part B beiow, for future road right-ol-way purposes 01 West Midway Road. All dedications shall be In a manner and form acceplable to the 5t. Lucie County Attorney. 3. No new or improved driveway connections to West Midway Road shall be permitted from the property described in Part B below, until the above referenced right-of-way dedications have been completed. 4. Prior to the issuance of any Certificate of Occupancy or Use Authorization for this new administrative office lacility, the rehabilitated home, the chain link lence required under Condition Number 3 01 Resolution 95-009. shall be relocated to the eastern side 01 the parcel described in Part B below. B. The property on which this Conditional Use Permit Is being granted is described as follows: Model Land Company Subdivision ot Section 6, Township 36 South. Range 40 East, Lot 13 In the Northeast 1/4, less a Slrlp of Land for Road Right-ot-way on the South 63.7 Feet on the West End and 64.03 Feet on the East End, St. Lucie County, Florida. (Tax 10#: 3406-501.0020-00019) ;::1: CU-01-004 August¡21.2oo1 Resolution Ot ·126 Page 2 CI ::0 B CI "" ...... .... OJ "" " :r> en m ...... C) ..0 1 Road ImpaGl: Fee Credit Draft #1-3 RIF 08-001 Page 10 , 1 (Location: 4500 West Midway Road) 2 I I 3 C. This Conditional Use Permit approval shall expire on August 21 , 2002, 4 unless a zoning compliance is obtained or an extension is granted in 5 accordance with Section 11.02.06(B)(3), 51. Lucie County Land 6 Development Code. 7 8 D. The Conditional Use Permit approval granted under this Resolution is 9 specifically conditioned to the requirement that the petitioner, New 10 Horizons of the Treasure Coast, including any successors in interest, 11 shall obtain all necessary permits and authorizations from the 12 appropriate Local, State, and Federal regulatory authorities prior to the 13 issuance of any local building permits or authorizations to commence 14 development activities on the property described in Part B. 15 16 E. The Certificate of Capacity, a copy of which is attached to this 17 resolution, shall remain valid for the periOd of Conditional Use approval. 18 Should the Conditional Use approval granted by this resolution expire 19 or an extension be sought pursuant to Section 11.07.05(F) of the 51. 20 Lucie County Land Development Code, a new certificate of capacity 21 shall be required. 22 . '3 23 F. The 81. Lucie County Community Development Director is hereby tl:' 0 24 authorized and directed to cause the notation of this resolution to be 0 "'" 25 made on the Official Zoning Map of 51. Lucie County, Rorida, and to ,..... ..,. 26 make notation of reference to the date of adoption of this resolution. "" ", 27 "tJ 28 After notion and second, the vote on this resolution was as follows: i?i; ", 29 ,..... 30 Chairwoman Frannie Hutchinson AYE ~ 31 32 Vice-Chairman Doug Coward AYE 33 34 Commissioner Paula A. Lewis AYE 35 36 Commissioner John D. Bruhn AYE 37 38 Commissioner Cliff Barnes AYE 39 40 File 11I0 : CU-01-D04 Resolution 01·126 August 21,2001 Page 3 Road Impact Fee Credit RtF 08-001 Drait #3 Paae 11 St Lucie County Certificate of Capacity I ------t----- ______··_____________.__n..___ -.._~_.___....__._ ... _~__~___._.___ __.~_m___.'__ Date 10/24/2001 Certificate No. 667 This ocument certifies that concurrency will be met and that adequate public facility capa ity exists to maintain the standards for levels of service as adopted In the St Lucie Cou Comprehensive Plan for: CONDITIONAL USE Number of square feet 2. Pr perty legal description & Tax 10 no. 3406- 01-0020-000/9 4500 _STMIDWAYROAD ORlZON OF THE TREASURE COAS Resolution No. 01-126 Letter 10124/0 I 4. Su ject to the following conditions for concurrency: Own r's name NEW ORIZON OF THE TREASURE COAST Add 4500 EST MIDWAY ROAD FT P RCE FL 34981 6. Ce ficate Expiration Date 8/21/2002 This ertificate of Capacity is transferable only to subsequent owners of the same parc I, and is subject to the same terms, conditions and expiration date listed herein. The piration date can be extended only under the same terms and conditions as the unde lying development orclerlssued with this certIficate, or for SUbsequent devel pment order(s) issued for the same property, use and siZEt as described herein. S;". þ) lV\"."Li-- D.., "n""" Community Development Director St Lucie County, Florida Friday, October 26, 2001 Page I of I 1 Road Impact Fee Credit Draft #3 o :>:l o:J: o o "'" ...... ßì "" ." :I:> ¡;¡:¡ ...... ...... ...... RIF 08-001 Page 12 PASS D AND DULY ADOPTED This 21st Day of August 2001. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ~ ré· "' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY í)L~ aIr an 1 ATTE T: DJM 01-126 (h) APPROVED AS TO FORM AND CORRECTNESS: File No. CU-01-004 August 1, 2001 Resolution 01-126 Page 4 ~ ttl CI CI ,.., .... .po U' N -0 ~ 'T .... .... "" Road Impact Fee Credit Drait '3 RIF 08-001 P;:¡np.1::¡ 2 3 4 5 6 7 8 9 10 11 12 EXHIBIT D Description of Area of Dedication Road Impact Fee Credit Dmft-#~ RIF 08-001 Page 14 DESCRIPTION BEING A POR110N OF LAND LYING IN LOT 13 OF THE NE 1/4 OF MODEL LAND COMPANy'S SUBDIVISION OF SECTION 6 TOWNSHIP 36 SOUTH RANGE 40 EAST AS RECORDED IN PLAT BOOK 4 PAGE 34 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARl1CULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SEC110N 6, THENCE S89'58'10"W ALONG THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 990.12 FEET TO A POINT; THENCE DEPARl1NG SAID SOUTH UNE, NOO'07'41"W, A DISTANCE OF 112.53 FEET TO THE POINT OF BEGINNING; THENCE S89'54'46"W ALONG THE SOUTH LINE OF SAID LOT 13, A DISTANCE OF 330.02 FEET TO A POINT ON THE WEST LINE OF SAID LOT 13: THENCE NOO'07'14"W ALONG SAID WEST LINE, A DISTANCE OF 40.00 FEET: THENCE N89'54'46"E A DISTANCE OF 330.02 FEET TO A POINT ON THE EAST LINE OF SAID LOT 13; THENCE SOO'07'41"E ALONG SAID EAST LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.30 ACRES, MORE OR LESS. ~bá.~. Li.lq/oß Sheet 1 of 2 b DESC~_IPTlON of RIGHT-OF-WAY Prepared For NEW HORIZONS - PHASE II fIle:06-412 5&0 R-W DWG. Date: 04-07-2008 CULPEPPER 5. TERPENING. INC tI CONSULTING !t.lOHIEERS I lA."O !!UAVEVOR5 2980 SOUTI-I 25th STREET FORT pmRCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-464·9497 www.ct-eng.com STAlH OF FLOPJDA CERTIflCA"rrON No.lJ3 4286 Tech: RD 1 Road Impact Fee Credit Draft #3 RIF 08-001 Page 15 L+_ I ~ I . li ~ '" I ~ :l ~ I~ g I ~]~ g U~.... ~p;: l'; ~ I~ ci e ~ !I' ~ I!sz p_:J >-'! I"''"" > I U § rn 3< ~ ¡;¡¡ V> z I~~ I!~E-<~ (7:f..) t--- I .I~ 0 P;:' L_J_JI_~ /1 NOO'07'41"W t'2 53' I ~ ~I; '1'" ð: y) '" '" '" I'" I '" 15 ~ I'" /.' ~ SKETCH TO ACCOMPANY DESCRIPTION THIS IS NOT A SURVEY I~I ¡ . ~ gl ~I - NOO'07"4"W 40.00' LOT 12 WEST LINE OF LOT 13 w 10 ... ...... ¡n '" "' z ~ 5 '" g .,; <II Z ~ g LOT 13 OF THE NE 1/4 OF IdOOEL LAND COIdPANY'S SUBDIVISION OF SEC. 5-36-40 (P.S. 4 PC. 34) '0.0' RIGHT-OF-WAY ~ .,; :::¡ EAST LINE OF LOT 1 J P.O.B. (SOUìH 224 FEET OF LOT 14) P.D.C. SOUTHEAST CORNER 6 S, 8. T, 38. RG 40 5 -----rAST UNE õf"THE5ËÏ/.orS. 6.T. 36. RG ..,- SKETCH OF DESCRIPTION of RIGHT-OF-WAY Prepared For NEW HORIZONS - PHASE II 1 FIle: 06-412 S&D. R-W OWG. Dale: 04-07-2008 Tech: RD Road Impact Fee Credit Draft #3 ~ 50 100 <------1 GRAPHIC SCALE IN FEET SCALE ,'" - 100' LEGEND U.E. . UllUTf EÁSEMENT RG - RANGE S . SECllON T - TOWNSHIP PG. = PAGE P.B. - PLAT BOOK o.R.B. . OFOOAL RECORDS BOOK P.O.8. _ paNT OF BEGINNING P.D.C. - PClNT OF COMIIENCEIIENT PlS - PROFESSIONAL LAND SURVEYOR R\W - RICHT-DF-WAY t - ŒNl'ERUNE ± . PLUS OR MINUS ",.f1. - S/¡UARE FEET COR. . CORNER R - RADIUS L - LENGTH 4 _ DELTA œ - CHORD BEARING (NORìH 264 FEET Of ìHE SOUìH 488 FEET OF LOT 14) Sheet 2 of 2 CULPEPPER IS. TERPENING. INC ø.. CONSULTltHJ EtlOINEI£RS I LAkO ~UA:VfYORS 2980 SOUTH 25th STREET .. FORT PIERCE, FLORIDA .34981 PHONE 772-464-3537 FAX 772-464-9497 www,ct-cng.c;om STATE OF FLORIDA C;ER'TIF1CA110N No. 1.1, 42M RIF 08-001 Page 16 - .. . AGENDA REQUEST ITEM NO. 6B2 DATE: June 10, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Centex - Palm Breezes (now Morningside) - Amendment to Subdivision Improvement Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the proposed Amendment to Subdivision Improvement Agreement and authorize the Chairman to sign the Amendment. COMMISSION ACTION: CONCURRENCE: ~] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ~ -> --....." Douglas Anderson County Administrator County Attorney: 0, -1-" Review and Approvals Management & BUd~ Growth Mgmt D,r: County Surveyor: p¡/¡/ D County Eng.: ¡t1 V I Originating Dept. Finance: (Check for copy only, if applicable) Eff. 5/96 .. . INTER-OFFICE MEMORANDUM ST. WCIE COUNTY. Fl.ORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 08-887 DATE: May 28, 2008 SUBJECT: Centex - Palm Breezes (now Morningside) - Amendment to Subdivision Improvement Agreement ***************************************AAA4AAAAAAAAAAAAA**AAAAAA444****************** BACKGROUND: Attached to this memorandum is a proposed Amendment to Subdivision Improvement Agreement for Palm Breezes (now Morningside) Phase 2 between Cent ex Homes and the County. The Developer is proposing to extend the completion date for Phase 2 subdivision improvements by twenty-four months. The Developer's reason for the proposed extension is due to the current economic and real estate conditions and the resulting slow down in sales and construction of homes in Phase 1. Plats for Phase 1 and Phase 2 have been previously recorded. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the proposed Amendment to Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement. DSM/caf Attachment ~ AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT THIS AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Amendment") is entered into this _ day of , 2008, by and between CENTEX HOMES ("Developer") and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"). WITNESSETH: WHEREAS, on or about June 19, 2007 Developer and County entered into a Subdivision Improvement Agreement ("Agreement") for the satisfactory completion of required infrastructure improvements for Palm Breezes Phase 2 ("Subdivision"); and WHEREAS, the Agreement required the satisfactory completion of the required improvements for the Subdivision within twenty-four months from and after the recording of the plat for the Subdivision; and WHEREAS, the plat for the Subdivision was recorded on July 24, 2007, requiring completion of the improvements for the Subdivision on or before July 24, 2009 ("Original Completion Date"); and WHEREAS, due to the current economic and real estate conditions and the resulting slow down in the sales and construction of homes in Phase 1 of Palm Breezes, Developer does not anticipate that the improvements for the Subdivision will be needed, nor completed, prior to this date; and WHEREAS, the parties desire to extend the time for completion of the improvements and also desire to continue to ensure the adequate guaranty of the completion of the improvements by the Developer; and WHEREAS, the parties desire to put their agreement in writing. NOW, THEREFORE, for good and valuable consideration, the receipt and sut1iciency of which is hereby acknowledged, the Developer and County amend the Agreement as follows: 1. The date the Developer agrees to satisfactorily complete the required improvements ("Improvements") is hereby extended for a period of twenty-four (24) months from the Original Completion Date. Developer shall be entitled to one (1) additional automatic one (1) year extension thereafter upon the submittal of an updated cost estimate for the Improvements, which shall be subject to the review and approval by the County Engineer. The security supplied by the Developer pursuant to Paragraph 2 of the Agreement shall be modified to reflect the higher, or lower, estimated cost of the Improvements. This modification to the security shall be in addition to, and not in lieu of: the one time reduction permitted in Paragraph 3 of the Agreement. PSL:44975:5 ~ 2. Notwithstanding the extension set forth in Paragraph I above, all Improvements shall be satisfactorily completed by Developer within twenty-four (24) months of the sale of the first lot in the Subdivision. 3. At least forty-five (45) days prior to July 24, 2009, Developer shall provide the County Engineer with an updated cost estimate for the Improvements. Said cost estimate may be in the form of a letter or similar documentation and shall be signed by Developer's engineer. The security supplied by the Developer pursuant to Paragraph 2 of the Agreement shall be modified to reflect the higher, or lower, estimated cost of the Improvements. This modification to the security shall be in addition to, and not in lieu of, the one time reduction permitted in Paragraph 3 of the Agreement. 4. The first sentence of Paragraph 5 of the Agreement is hereby deleted and replaced with the following: It is further understood and agreed by and between the parties to this Agreement that, in the event the Improvements are not constructed prior to the expiration of the time periods set forth herein, as the same may be extended, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. 5. Except as expressly amended herein, the Agreement shall be in full force and effect, binding upon and for the benefit of Developer and County. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and delivered by their respective representatives, thereunto duly authorized, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVIED AS TO FORM AND CORRECTNESS: COUNTY A ITORNEY PSl:44975:5 ~. WITNESSES: Centex Homes, a Nevada General Partnership By: Centex Real Estate Corporation, Managing General Partner Print Name: Print Name: Print Name: Steve Svopa Its: Division President, Southeast Florida Division PSl:44975:5 ~. Ruden ~II McClosky ~.;:C::i\I:~,- /~V'-, / / '\ " MAY 2 i 2008 145 i'.W CENTRAL PARK PLAZA SUITE 200 PORT ST. LUCIE, FLORIDA 34986 <~.,.., -, ':';¿;;t-'/~/~;f~~~/ " . )' ;cl.l,' ",-,U:/ '''~ 1772) 873-5916 FAX: 1772) 873-3116 TYSON. W A TERS@RUDEN.COM May 20, 2008 via e-mail & Us. Mail Daniel S. McIntyre S1. Lucie County Attorney 2300 Virginia Avenue 3rd Floor Admin. Annex Fort Pierce, Florida 34982 Re: Centex - Palm Breezes (now Morningside) Amendment to Subdivision Improvement Agreement Dear Mr. McIntyre: Please fmd attached the proposed Amendment to Subdivision Improvement Agreement for Pahn Breezes (now Morningside) Phase 2 submitted on behalf of Centex Homes and revised to further address the concerns of staff: The proposed Amendment has been revised to permit only a single, one year extension beyond the additional 24 month extension. All other terms and conditions in the Amendment remain unchanged. Should you need anything further in preparation of the June lOth Board of County Commissioners meeting please do not hesitate to contact me. TJW Enclosure cc: Ken DeLaTorre, Centex Homes PSL:45340:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Î.lRAî.llîO. ~T lð.llOJ.Ilf141J;. UtAUI. l"J4PI~,". raRI"'!lI.i.....n. POIl'Tlô.T II Jru: . "-.&I1AYloT.lo . \OT P¡;T¡;DlöDI1Dr _ TAIIÁLU.CO:CO::. T....H.U. _ '."."r....... __._.. Page 1 of 1 Daniel McIntyre - Re: Fwd: Centex - Palm Breezes (Morningside) Subdivision Improvement Agreement #<l8#%%KH' ;'rEi&ifiW;;;\~}j'¡i'i'%:4*i¥mìi'ì§!¡-~· W~ í"*~¡¡q~_.¡¡.¡ ~,~ 'J¡¡;;tl¡M,{:J,. ~j¡i¡;\~_~t ¡n¡¡¡¡;~,__._:JilWit¡¡m0:%mi'ii¡'@\~~~1þm~ From: To: Date: Subject: CC: Ron Harris McIntyre, Daniel 5/21/200810:33 AM Re: Fwd: Centex - Palm Breezes (Morningside) Subdivision Improvement Agreement Meyer, Robin; Powley, Michael; Satterlee, Mark; West, Don Resolution 06-046 granted a 12 month extension. The new expiration date was to be April 20, 2007 unless a building permit was secured. Paragraph E of Resolution 06-046 referenced the Certificate of capacity granted by the GM Director on April 20, 2006 and indicated that it shall remain valid for the period of the PUD site plan approval. Additionally two plat have been recorded creating 478 lots. The total number of lots within this PUD was to be 634. Due to the fact that two plats have been recorded and building permits have been issued I would surmise that as of this date they would be vested. I would of course expect Growth Management to confirm this determination. They are the guardians of the currency keys. Ron Harris »> Daniel McIntyre 5/21/2008 10:00 AM »> Can you determine whether this development is vested as to concurrency? »> "Waters, Tyson James" <tyson.waters@ruden.com> 5/20/20083:40 PM »> Dan, In follow up to your conversations with Noreen Dreyer, attached is a cover letter and revised Amendment to the Subdivision Improvement Agreement for Phase 2 of Palm Breezes. We have revised the Amendment to reduce the number of additional one year extensions from three (3) to one (1). All other terms in the Amendment remain the same. Please let me know if you have questions or need anything further. Thank you, . T yso n Waters ____________________h__________________________________ Tyson James Waters Attorney Ruden McClosky 145 N.W. Central Park Plaza Suite 200 Port S1. Lucie, FL 34986 Direct 772-873-5916 I Fax 772-873-5959 tyson.waters@ruden.com I www.ruden.com NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. file://C:\Documents and Settings\DanM\Local Settings\Temp\XPgrpwise\4833F A5CSLC... 5/2712008 - , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Board of County Commissioners Don;el S. Md"y,e. C,",'y A""'Y/ 08-966 TO: C.A. NO.: DATE: June 9, 2008 SUBJECT: Consent Agenda Item VI.B.2. - Centex-Palm Breezes - Subdivision Improvement Agreement 4444444.444****************************44444444...444.44444AAA.444....4.4.444.AAAA.A. Attached is a revised Subdivision Improvement Agreement to replace the Agreement that is on the June 10 Consent Agenda (Item VLB.2.). The revision waS made in an attempt to address concerns raised by Commissioner Grande. DSM/caf Attachment Copy to: Growth Management Director Public Works Director County Surveyor ...... .. AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT THIS AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Amendment") is entered into this _ day of ,2008, by and between CENTEX HOMES ("Developer") and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"). WlTNESSETH: WHEREAS, on or about June 19, 2007 Developer and County entered into a Subdivision Improvement Agreement ("Agreement") for the satisfactory completion of required infrastructure improvements for Palm Breezes Phase 2 ("Subdivision"); and WHEREAS, the Agreement required the satisfactory completion of the required improvements for the Subdivision within twenty-four months from and after the recording of the plat for the Subdivision; and WHEREAS, the plat for the Subdivision was recorded on July 24,2007, requiring completion of the improvements for the Subdivision on or before July 24, 2009 ("Original Completion Date"); and WHEREAS, due to the current economic and real estate conditions and the resulting slow down in the sales and construction of homes in Phase 1 of Palm Breezes, Developer does not anticipate that the improvements for the Subdivision will be needed, nor completed, prior to this date; and WHEREAS, the parties desire to extend the time for completion of the improvements and also desire to continue to ensure the adequate guaranty of the completion of the improvements by the Developer; and WHEREAS, the parties desire to put their agreement in writing. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer and County amend the Agreement as follows: 1. The date the Developer agrees to satisfactorily complete the required improvements ("Improvements") is hereby extended for a period of twenty-four (24) months from the Original Completion Date. Additional one (1) year extensions may be granted by the Board of County Commissioners upon the submittal of an updated cost estimate for the Improvements, which shall be subject to the review and approval by the County Engineer. The security supplied by the Developer pursuant to Paragraph 2 of the Agreement shall be modified to reflect the higher, or lower, estimated cost of the Improvements. This modification to the security shall be in addition to, and not in lieu of, the one time reduction permitted in Paragraph 3 of the Agreement. PSL:44975: 7 ~- 2. Notwithstanding the extension set forth in Paragraph I above, all Improvements shall be satisfactorily completed by Developer within twenty-four (24) months of the sale of the first lot in the Subdivision. 3. At least forty-five (45) days prior to July 24, 2009, Developer shall provide the County Engineer with an updated cost estimate for the Improvements. Said cost estimate may be in the form of a letter or similar documentation and shall be signed by Developer's engineer. The security supplied by the Developer pursuant to Paragraph 2 of the Agreement shall be modified to reflect the higher, or lower, estimated cost of the Improvements. This modification to the security shall be in addition to, and not in lieu of, the one time reduction permitted in Paragraph 3 of the Agreement. 4. The first sentence of Paragraph 5 of the Agree~ent is hereby deleted and replaced with the following: It is further understood and agreed by and between the parties to this Agreement that, in the event the Improvements are not constructed prior to the expiration of the time periods set forth herein, as the same may be extended, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. 5. Except as'expressly amended herein, the Agreement shall be in full force and effect, binding upon and for the benefit of Developer and County. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and delivered by their respective representatives, thereunto duly authorized, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVIED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY PSL:44975:7 -~' WITNESSES: Centex Homes, a Nevada General Partnership Print Name: By: Centex Real Estate Corporation, Managing General Partner Print Name: Print Name: Steve Svopa Its: Division President, Southeast Florida Division PSL:44975:7 ;: AGENDA REQUEST ITEM: # C DATE: 6/10/08 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [Xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin Risk Manager SUBMITTED BY (DEPT): Human Resources/Risk Management SUBJECT: St. Mary's Medical Center, Inmate Medical Care Invoice BACKGROUND: While in the process of committing a felony, Robert Gonzalez was injured by a St. Lucie County Sheriff's K9. He required emergency trauma services and was transported by ambulance from Lawnwood Regional Hospital to St. Mary's Medical Center in Wet Palm Beach where he underwent emergency· optical surgery. GENERAL NOTES: State Statute 901.35 requires that the County reimburse medical expenses for inmates injured during arrest and prior to booking after all avenues of reimbursement by the inmate have been exhausted. All searches for assets for Robert Gonzalez have been exhausted and none have been found. Original invoice amount $11 ,369.00 has been reduced to $8,729.25 through negotiated settlement with provider. FUNDS AVAIL: Funds are available in: 001-2300-531300-200. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends payment of St. Mary's Medical Center reduced invoice in the amount of $8,729.25. COMMISSION ACTION: CONCURRENCE: M APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 -, -----. ~ ~ County Attorney: ~y ü~q1# Review and Approvals Management & Budget: ~ Other: Douglas M. Anderson County Administrator Purchasing: ~ Originating Oept. Other: Finance: (Check for Copy only, if applicable)_ ; BOARD OF COUNTY COMMISSIONERS RISK MANAGEMENT WAYNE TEEGARDIN RISK MANAGER TO: FROM: BOARD OF COUNTY COMMISSIONERS ~¿~ Wayne Teegardin, Ris¡(Manager DATE: June 10, 2008 SUBJECT: Inmate Medical Care Invoice from St. Mary's Medical Center regarding inmate Robert Gonzalez BackQround: Inmate Robert Gonzalez was injured by a St. Lucie County Sheriff's K9 during the course of his arrest and required emergency trauma specialist services for injuries to his eye. He was transported to St. Mary's Medical Center in West Palm Beach where surgery was performed by Dr. Michael Patipa. State Statute 901.35 requires that the County reimburse medical expenses for services rendered to inmates injured during arrest and prior to booking after all avenues of reimbursement by the inmate have been exhausted. All attempts to collect from the individual have been unsuccessful and all searches for assets for Robert Gonzalez have been exhausted. Proof of collection attempts has been provided to Risk Management and reviewed by the St. Lucie County Attorney's office. The original invoice amount of $11,639.00 has been reduced to $8,729.25 through negotiated settlement. Recommendation: Staff recommends payment of St. Mary's Medical Center negotiated invoice in the amount of $8,729.25 per State Statute 901.35. JOSEPH E. SMITH, District No, 1 DOUG COWARD, Districl NO.2 Lì PAULA A lEWIS, District No 3 FRANNIE HUTCHINSON. District NO.4 CHRIS CRAFT, District NO.5 County Administrator ~ Douglas M. Anderson 2300 Virginia Avenue" Fort Pierce, FL. 349SZ-5652 ~ Phone (772)-462-1783 FAX (772) 462·2361 ~email: teegardw@cost·lucie.f .u$ website: wWIN.co.st-luciefLus Ma~ 19 2008 8:52AM .----..--- . . HP LASERJET FAX p.2 MEDICAL CENTE 'ST MARYS MEDICAL CBNT~R ~ . ST MARYS "''' .- ~OI 45TH STREET "OBOX 532541 m. nml,o,l.1IC /lEST PALM BE FL 33401 - 5618446300 TLANTA GA30353 75-2 ....TJiil.lrll.lM: 'I Mll'HI.I(IoAli¡¡;: I' 151 5E CASTAN I'!GONZALEZ, ROBERT ' PORT SAINT Lue l"'ll!."lli 1JHl.~:"",!wI1$tJ.fl ll"$fA,1 .. \,,,'1{)I.'ti "'.. . . . , " ~ " ..luU':ltJ8 1M IIOl7D-II.lU I .L! I IlI:l 1 ICl I I I I I , Q';<;;o.Ø"fR l",C,::tI\OICf CIIIlõ » ,no{,,"IJ.'flI".lH~.:t ¡:OVa "'" J:> 11UDU II \ I I I ¡ I I I I I I I I I I I 'ROBERT GONZALBZ l~" 1 \~lJ'''rNlllo HIt'JJ{I 51 5E CA5TANT CT . 01! 849. ORT SAINT LUCI FL 34983 b , I )THO 1 d ~ f'EV CtJ ~.H.;r('~.ufS 9;ltIIoo,n; ." 120 SEMIPRIVATE ROOM 849.00 250 PHARMACY 258 IV SOLUTION 1270 CENTRAL SUPPLY )271 NONSTERILE SUPPLY )272 STERILE SUPPLIES D300 LABORATORY CLINICAL D360 OPERATING ROOM þ3,O ANESTHESIA b410 RESPIRATORY SERVICES D450 EMERGENCY ROOM 636 GENTAMICIN 80MG J1580 636 ONDANSETRON 1MG J2405 636 r~ETOCLOPRAM 2ML J2765 636 FENT A.'fYL 2ML J3010 710 RECOVERY ROOM 001 TOTAL CHARGES ,,¡tOE (HI ",T)Ol C,REA,llO;'¡o.tU 102307 I ~~"","J"'ll 'fUUHP...""1l n.,o,IO;. ~MOll:~).""'ENf ". ... T LUCIE COUNTY OTHOl Y Y i I . , , ~1~SUlE(I'S"'1oIE ~~ IOI'OJ¡;.œ':;lNW(1tl ~ IÔII(\,rpl.Ml~ :;ONZALEZ,ROBERT 18 025705855 I:lT"k¡.UI'~JlHo)FC..IIIOI ~.:œ~ ~O\>:I.o"'B'l1(lr,t{1Rl~~,llEft . ::18701 187'042 I I I ( ~ I i I '" ·18701 I~~N~ 1 I T'i,1;1 012 ¡;;IE9060 oc'" "'" ""'" .m 0299 ~:o¡ 0885 I 1017071 0881 I 10::' 70í1 ~! .. Qn-v\"~ŒIU'lE , 11_'" I I I I I I--- . eORUlAlIlK~ CUBr " ! "'1'0,1 S10 PT7 F20 28 2NOOOOOX 1'l~11If ~T LUCIE COUNTY . '" ~300 VIRGINIA AVENUE , .m_ Þ-np'T' >:TEPCF ¡;or. 34g82 , ~, \.Diloo.r,lj'JJ .lPF'PI)I.'füOMlltJ.1 00 45 1,It<lrS "f-9fÞ~IOI..'1 22.¡00 QTùIAlC>l\ßlE$ 1 16 5 10 2 7 5 2 2 1 2 1 4 1 1 2 849L 00, 969.".0°1 568'.00 5101.00 233'.00 523:.00 9371.00 38831·0 1151;.00 911.00 7401. 00 191.00 17 61. 00 2lo.00 241.00 945:.00 """ 12M'<..Fl,.tH".t¡{,Il,<:'\.\"~ 1l5E11If'lCrDH,.W£ UNEMPLOYED WIlC····U._ 1".",_'Q ¡\H~' TH" ~fli.1'lrl~n..-:N;,rwoJ THE P.E'''''''~r: ;om.YTor..,. SU ,u.('I"R£ ~,*"PAA1 ~Æ:a' 05/19/2008 MON 09:33 [TX/RX NO 6267] @002 ,. ~.~~~.a'''~J ~- i)<' .~~.. ',-- -- iWi-" - ,," 'y "~'&W ITEM NO. 01 DATE: 06/10/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director Board approval to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center. SUBJECT: BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001821-7912-563000-700 (Grant Fund/ERD-Oxbow/lmprovement other than buildings. PREVIOUS ACTION: On August 15, 2006, the Board authorized the submittal of a grant application to the St. Lucie River Issues Team for a St. Lucie River Watershed Exhibit at the Oxbow Eco-Center. On February 12, 2008, the Board authorized acceptance of the grant. On April 1, 2008, the Board approved the budget resolution and grant account. RECOMMENDATION: Staff recommends Board approval to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center. COMMISSION ACTION: (~ APPROVED ( ) OTHER Approved 5-0 () DENIED County Attorney (X) '¡~I 1n.OðV"ì Environmental (X) J /. () Resources ~L:::::: CONCURRENCE: _ :-t Douglas M. Anderson County Administrator -=:> ~ Coord i nation/S iqnatu res Mgmt & B"dget {XI ~,~~ p""''''"g {XI .,)"',~ Other Finance (J for copy only if applicable) , ., ~ PURCHASING DEPARTMENT MEMORANDUM _~,jC:e~,t'!'-.'1tP~!~œ'ml!.~~"~~P>lll " '-. . "~~'I'Ù'~";'.\V"':'".I. ""':."~2;'.¡I.·.¡'.,f<~·r. '.~ç" "~J.4.\;:tr"i? ~ .. " "";it~'i!h~~~:;&l¡:~' .. 'fl'¡¡';¡h'1lP TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director ~ DATE: May 16,2008 RE: Board approval to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center. On August 15, 2006, the Board authorized the submittal of a grant application to the St. Lucie River Issues Team for a "Living in a Watershed" exhibit at the Oxbow Eco-Center, which was to be developed in two sections. The total cost of the exhibit was estimated at $130,000. The requested funding from the granting agency was $60,000. The County budgeted matching funds in the amount of $70,000. On February 12, 2008, the Board authorized the acceptance of grant funding in the amount of $60,000, and on April 1, 2008 approved the budget resolution for the project. Section 1 of the exhibit, the "St. Lucie River Diorama," was completed in January 2008. St. Lucie County will be soliciting proposals for design and construction services to develop Section 2 of the St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center. This exhibit will complement and enhance the St. Lucie River Diorama. While the diorama shows the river in a natural pristine state, the final section of the exhibit will focus on the human interaction and impact on the river. The goal of this exhibit is to facilitate a greater understanding of individual and collective impacts on water quality and biodiversity, and to inspire a sense of stewardship toward the river and its watershed. Recommendation: Staff recommends Board approval to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center. .. Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Environmental Resources Department DATE: May 30, 2008 RE: Agenda Item D1 Board approval to advertise a Request for Proposals (RFP) for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit the Oxbow Eco-Center DEPARTMENT COORDINATION The Environmental Resources Department (ERD) has worked closely with the Purchasing Department on the agenda item requesting approval of the RFP for Section 2 of the "Living in a Watershed" Exhibit. Sandy Bogan, Manager of the Oxbow Eco-Center, continues to work with County Administration and Purchasing on the scope of services for the RFP to ensure continuity with Section 1, which is a diorama of the St. Lucie River in a pristine, natural condition. ERDINPUT ERD provided the information in the agenda item request and staff memo. ERD RECOMMENDATION ERD supports the recommendation of the Purchasing Department requesting Board approval to advertise the RFP for design and construction services to develop a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center. ITEM NO. 02 DATE: 06/10/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Staff is seeking Board approval of the First Amendment to Work Authorization No. 14 (C05-04-170) with Masteller & Moler, Inc. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: Funds will be available in account number 140-4220-563000-48004 (Infrastructure- Airport West Commerce Park). PREVIOUS ACTION: On November 28, 2006, the Board approved Work Authorization No. 14 (C05-04- 170), copy on file in the Purchasing Department. RECOMMENDATION: Staff is recommending that the Board approve the First Amendment to Work Authorization No. 14 (C05-04-170) with Masteller & Moler, Inc. in the amount of $89,930.00 and grant authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED () DENIED () OTHER Approved 5-0 J. County Attorney (X) y ~/ Airport (X)~-·.J¿:... -- ~ .--::> Douglas M. Anderson County Administrator -::, Coord i n ati on/SiQ n atu res Mgmt & Budget (X) ~ Purchasing (X) ~ Other (X)~ Other ( ) Finance: (check for copy, only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director_;s,.v DATE: June 2,2008 RE: Staff is seeking Board approval of the First Amendment to Work Authorization No. 14 (C05-04-170) with Masteller & Moler, Inc. BACKGROUND: The original services under this Agreement included surveying, engineering, design and permitting of a 12" force main along the east side of Taylor Dairy Road between S1. Lucie Boulevard and Angle Road. Upon completion of these services, it has been decided by FPUA and S1. Lucie Utilities to select another route for this force main section due to the unknown future location of Taylor Dairy Road between S1. Lucie Boulevard and Angle Road. It has been mutually agreed that a better route would be to obtain an easement east of both Taylor Dairy Road and the adjacent FPL electric service easement between S1. Lucie Boulevard and Angle Road. The proposed two easements would parallel and have their west boundary contiguous with the FPL east easement line. Upon acquisition of these easements, the proposed 12" force main will be constructed in the easements and extend from S1. Lucie Boulevard to Angle Road. In addition, the project now includes an 8" force main interconnection crossing US #1 south of S1. Lucie Boulevard. RECOMMENDATION: Staff is recommending that the Board approve the First Amendment to Work Authorization No. 14 (C05-04-170, Attachment #1, including Exhibit "A", Scope of Services supplied by Masteller & Moler) with Masteller & Moler, Inc. in the amount of $89,930.00 and grant authorization for the Chairman to sign the amendment as prepared by the County Attorney. mrs/NA · FIRST AMENDMENT TO WORK AUTHORIZATION NO. 14 CONTRACT C05-04-170 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2008, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and MASTELLER & MOLER, INC., hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, on April 12, 2005, the County entered into a Consulting Agreement (Contract No. C05-04-170) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHERAS, on November 28,2006 the parties executed work authorization no. 14; and, WHEREAS, the parties desire to amend the work authorization amending scope or services, compensation and time of performance. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: Engineering Services Related to Providing Route Survey, Base Plans, Engineering, Construction Plans, Permitting, Construction Administration, and Periodic Observation for the Construction of the 12" Force Main along Taylor Dairy Road to Angle Road; extend 6" Force Main along St. Lucie Blvd. to connect to existing 6" Force Main; Renovation of the Westwood Pump Station #49 to serve the St. Lucie County Airport West Commerce Park; and assistance with the design/construction of Airport West Commerce Park Master Lift Station Page 1 of 3 (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C05-04-170). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "A" which is attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $1,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total amount of eighty-nine thousand nine hundred thirty and 00/100 ($89,930.00), as further detailed in Exhibit "A". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work within the time of performance, as further described in Exhibit "A". c, The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or his designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization upon the terms and conditions stated above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MASTELLER & MOLER, INC. BY: Print Name: Title: Page 3 of 3 ". EXHIBIT "A" Work Authorization #14 C05-04-170 Engineering Services Related to Providing Route Survey, Base Plans, Engineering, Construction Plans, Permitting, Construction Administration, Periodic Observation for the Construction of a 12" Force Main Along Taylor Dairy Road to Angle Road; Extend 6" Force Main East Along S1. Lucie Boulevard to Connect to Existing 6" Force Main; Renovation of the Westwood Pump Station #49 to Serve the S1. Lucie Airport West Commerce Park; and assistance with design/construction of Airport West Commerce Park Master Lift Station I. Scope Of Services The original services under this Agreement included surveying, engineering, design and permitting of a 12" force main along the east side of Taylor Dairy Road between S1. Lucie Boulevard and Angle road. Upon completion of these services, it has been decided by FPUA and S1. Lucie Utilities to select another route for this force main section due to the unknown future location of Taylor Dairy Road between S1. Lucie Boulevard and Angle Road. It has been mutually agreed that a better route would be to obtain an easement east of both Taylor Dairy Road and the adjacent FPL electric service easement between S1. Lucie Boulevard and Angle Road. The proposed two easements would parallel and have their west boundary contiguous with the FPL east easement line. Upon acquisition of these easements, the proposed 12" force main will be constructed in the easements and extend from S1. Lucie Boulevard to Angle Road. In addition, the project now includes an 8" force main interconnection crossing US #1 south of S1. Lucie Boulevard. The following Tasks are required: Task A - Easement Surveyinq and Easement Acquisition Prepare legal descriptions for two (2) proposed easements along FPL easement from S1. Lucie Boulevard to angle Road. Also, prepare legal description for a 15' x 15' easement on the south side of Angle road at the connection point of the force main. Prepare sketches of the legal descriptions as required by the Minimum Technical Standards. Provide necessary copies of the sketches and legal descriptions and assist the Utilities Department and FPUA in the acquisition of these easements. Task B - Route Survey and Base Plans Provide a Route Survey and preparation of base plans in the easements from S1. Lucie Boulevard to Angle Road and crossing US #1 south of S1. Lucie Boulevard. The route survey will include all visible improvements located within the proposed pipeline corridor and detailed information needed at directional bore locations including the FPFWCD and SFWMD canals US #1 and Angle Road. The estimated length of the 12" force main is 5,400 ± feet. Base plans will be prepared showing the route survey information and for use in preparing the engineering utility design construction plans. Page 1 of 3 Task C - Enqineerinq and Construction Plans Prepare Construction Plans and provide Engineering Design services suitable for permitting and construction showing the proposed 12" force main plan and profile from St. Lucie Boulevard to Angle Road with valves, air relief valves, and directional bores. The estimated length of the 12" force main is 5,400 ± feet. The proposed 12" force main will connect to the existing and/or proposed force mains on both the north and south ends. The route of the proposed force main is as described in the above paragraphs. Also prepare construction plans and provide engineering design services suitable for construction showing a directional bore crossing US #1 south of St. Lucie Boulevard. This 8" force main will connect the existing 6" force main on the west side of US #1 to the existing 16" force main on the east side. Task 0 - Permittinq The project will require the preparation of an FDEP Permit for construction and operation of the 12" force main in the easements and 8" force main crossing US #1. We will prepare and submit the FDEP application with plans and supporting data to secure the permit to construct the project and provide final certification to FDEP for operation of the force main system. Permits will be required for crossing the FPFWCD Canal between St. Lucie Boulevard and Angle Road and the SFWMD Canal north of Angle Road and from FOOT to cross US 31. Our services include making application for these permits. We have not included St. Lucie County right-of-way permit applications in our proposal since these permits are usually obtained by the contractor constructing the project. We will provide construction plans to the contractor for securing these permits at no cost. The permit application fees for the permits outlined in this Paragraph 0 have not been determined and are not included in our fee for services. Task E - Services Durinq Construction For this project, we will provide services including assistance to St. Lucie County and FPUA including construction administration and periodic construction observation. These services will be on an "As Needed" basis to ensure that the project is constructed in reasonable compliance with the Construction Plans and permits. Preparation of record plans which may be required are not included in this proposal. II. Time of Performance We estimate completion of the route survey and preparation of base plans, construction plans and submittal of permit applications as described above within ten (10) weeks after all easements are acquired. Page 2 of 3 III. Construction Cost Estimate The estimated construction cost for this project is $900,000.00 IV. Method and Amount of Compensation The Engineer, Masteller & Moler, Inc. shall be compensated as follows: 1. Scope of Services; Paragraph A total lump sum fee of 2. Scope of Services; Paragraphs B C and 0, total lump sum fee of 3. Scope of Services; Paragraph E total lump sum fee of Exhibit "A" File #0569LD (0569_ExhibitA Adden #1_041808.doc) Page 3 of 3 $ 9,130.00 $ 68,800.00 $ 12,000.00 I :¡ ITEM NO. D3 DATE: 06/10/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Award of Invitation to Bid (ITB) #08-038 for the purchase of shell rock material and FOOT base coquina rock to the lowest responsive, responsible bidder, Stewart Mining Industries per the attached unit price list. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 101003-4108-553200-400 Road Materials/Drainage 101002-4110-553200-400 Road Materials/Maintenance 102001-3725-553200-300 Road Materials/Stormwater PREVIOUS ACTION: Board permission to advertise this ITB, 4/1/08, Agenda Item E4. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #08-038 for the purchase of shell rock material and FOOT base coquina rock to the lowest responsive, responsible bidder, Stewart Mining Industries per the attached unit price list, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) OTHER Approved 5-0 () DENIED County Attorney (X)~/ (~~ Road & Bridge ~ ~ --::> Douglas M. Anderson County Administrator coordination/Si¡~^ u~ A Mgmt & Budget (X) ~ Purchasing (X) ~ Other Finance (J for copy only if applicable) , , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director ~ DATE: May 28,2008 RE: Award of Invitation to Bid (ITB) #08-038 for the purchase of shell rock material and FOOT base coquina rock to the lowest responsive, responsible bidder, Stewart Mining Industries per the attached unit price list. Backqround: The Road & Bridge Division of the Public Works Department requested permission to issue an ITB for the purchase of shell rock material and FOOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. This will be a unit price bid with a not to exceed dollar limit of five hundred thousand ($500,000) dollars. This ITB was issued April 9, 2008 and opened May 21, 2008. Ninety (90) companies were notified, sixteen (16) bid documents were issued, and four (4) bids were received. One bidder was declared non- responsive due to bidding on a specification that was not included in the bid. Recommendation: Staff recommends Board approval to award Invitation to Bid #08-038 for the purchase of shell rock material and FOOT base coquina rock to the lowest responsive, responsible bidder, Stewart Mining Industries per the attached unit price list, and authorization for the Chairman to sign the contract as prepared by the County Attorney. , I, BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M, PURCHASING DIRECTOR ~P'''''''''-';¡¡''-'''I[;iii;'l~~y~,~ '~Jif¡~~*~1j~t~g~~__ Bid #08-038- PURCHASE OF SHELL ROCK MATERIAL AND FOOT BASE COQUINA ROCK TABULATION SHEET OPENED: MAY 21,2008 AT 2:00 P.M. ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. FOUR (4) submittal were received: SHELL ROCK MATERIAL FOOT BASE COQUINA ROCK PERI TON PERITON H&J CONTRACTING, INC. . SHELL ROCK CODE 913A . 3160 FAIRLANE FARMS RD. NOBID $ 8.50 FAX: 561-795-9282 (2) one year ootions $9.50) STEWART MINING IND. $ 10.90 P.O. BOX 4332, FT.PIERCE, FL 34948 $4.50 FAX: 772-464-3634 AUSTIN TUPLER TRUCKING, INC. $ 10.75 6570 SW. 47TH COURT, DAVIE. FL. 33314 $8.85 FAX: 954-583-0844 DICKERSON FLORIDA, INC. NOBID $ 11.00 P.O. BOX 910, FT. PIERCE, FL. 34954 FAX: 772-429-4445 . Non-responsive according to bid requirements Number of companies notified*: 90 Number of bid documents distributed*~ Number of bids received: 4 *per demandstar.com · " ITEM NO. D4 DATE: 06/10/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Board approval to advertise a Request for Proposals (RFP) for sponsorship to market tourism. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to advertise a Request for Proposals (RFP) for sponsorship to market tourism. COMMISSION ACTION: CONCURRENCE: (>< APPROVED ( ) OTHER () DENIED ~ .-/ Douglas M. Anderson County Administrator ~ Approved 5-0 Coordi natio n/Sia natures A# County Attorney (X) ~ Mgmt & Budget () Purchasing (X) <';:)"'J'V- Economic Development (X)",_ (ì t--ì Iv' Other Finance (J for copy only if applicable) , ~~:tr;f:~Jšt~:¡@\~;!r~li~ ~~~)t;iU?'J.~1i!8""0.i<Jd..&,,,~7*l:;r,,1,.,~J PURCHASING DEPARTMENT MEMORANDUM ~~~ TO: Board of County Commissioners FROM: Neil Appel, CP.M., Purchasing Director~ DATE: May 28,2008 RE: Board approval to advertise a Request for Proposals (RFP) for sponsorship to market tourism. BackQround: The St Lucie County Tourist Development Council is interested in obtaining sponsorship for the sole purpose of marketing tourism. The Council believes that sponsorship dollars raised will significantly impact their ability to attract visitors to our area. Visitors not only generate bed tax revenue, but they can also significantly impact sales tax and gas tax revenues that positively affect services, schools and roads. Any responsive bidders will be considered based on their product compliance with the County's established rules on decency and appropriateness. Also under consideration will be the requested product placement percentage and requests for exclusivity. Recommendation: Staff recommends Board approval to advertise a Request for Proposals (RFP) for sponsorship to market tourism. ITEM NO. E-1 DATE: June 10, 2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Diana Lewis. Director SUBJECT: Request approval of Resolution 08-194 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #418243-1-94-01 in the amount of $200,000 (80% FDOT share) with a 20% local match share of $50,000 for a total project cost of $250,000 to conduct the Airport Master Plan Update at S1. Lucie County International Airport. BACKGROUND: See attached memo. FUNDS AVAILABLE: 140-4210-531000-400 - Professional Services. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends approval of Resolution 08-194 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #418243-1-94-01 in the amount of $200,000 (80% FDOT share) with a 20% local match share of $50,000 for a total project cost of $250,000 to conduct the Airport Master Plan Update at S1. Lucie County International Airport, and authorize Chair or designee to execute same. COMMISSION ACTION: CONCURRENCE: t~ APPROVED () DENIED ( ) OTHER Approved 5-0 ~ ~ Douglas M. Anderson County Administrator =:::> County Attorney ( ) Originating Dept. w¿ ~/ . Coordination/Sianatur:~l ~ , Mgt. & Budget ( )ßft-Iffl~ Other ( ) Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable)_ BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Dir~ Date: May 28, 2008 Re: Request approval of Resolution 08-194 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #418243-1-94-01 in the amount of $200,000 (80% FDOT share) with a 20% local match share of $50,000 for a total project cost of $250,000 to conduct the Airport Master Plan Update at St. Lucie County International Airport. The Airport Master Plan is a compilation of data, forecasts, analyses, and environmental and financial information that is presented to obtain input from the community and users to guide the future development of an airport, both in the near term and up to a 20 year planning horizon. The Airport Master Plan is used by the Federal Aviation Administration (FAA) and FDOT as a justification for near term development needs and as a means to evaluate existing and potential future impacts from surrounding developments. Locally, the Airport Master Plan can be used as Board guidance when evaluating future development proposals and as a planning tool to avoid impacts from incompatible development through incorporation into the County's Comprehensive Plan. The last update to the Airport's Master Plan was approved by the Board in 2002. In the FY 2008 Capital Budget, the Board approved the Airport Master Plan Update for a total project cost of $250,000, which is comprised of an 80% FDOT grant of $200,000 and a 20% local match of $50,000. This request is to accept the FDOT JPA and approve Resolution 08-194 for the grant. Staff recommends approval of Resolution 08-194 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #418243-1-94-01 in the amount of $200,000 (80% FDOT share) with a 20% local match share of $50,000 for a total project cost of $250,000 to conduct the Airport Master Plan Update at St. Lucie County International Airport. RESOLUTION NO. 08-194 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 418243-1-94-01) FOR THE AIRPORT MASTER PLAN UPDATE FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Airport Master Plan Update for the St. Lucie County International Airport (Fin. Proj. No. 418243-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 418243-1-94-01) to provide funding for the Airport Master Plan Update for the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 08-194 was as follows: Chair Joseph E. Smith XXX Vice-Chair Paula Lewis XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this _ day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PU3UC TRANSPORTATION 06107 Page 1 of 14 Financial Project No.: Fund: DS FLAIR Approp.: 088719 418243-1-94-01 Function: 637 FLAIR Obj.: 750004 (Item-segment-phase-sequence) Federal No.: Org Code: 55042010428 Contract No.: DUNS No.: Vendor No.: 596000835030 CFDA Number: CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before July 31, 2010 in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FOOT participation in a project to Update the Master Plan at St Lucie County International Airport and as further described in Exhibit(s) A, B, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 725-030-06 PUBLIC TRANSPORTATION 06107 Page 2 af14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite, 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 250,000 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereofthis Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 200,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4,00, 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. ? 6.00 Project Budget and Payment Provisions: 725-03C-06 PUBLIC TRANSPORTATION 06107 Page 3 of 14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others. shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges, 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 1 ~ n5-03Q-06 PUBLIC TRANSPORTATION 06/07 Page4of14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMS Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 21597(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3 If the recipient expends less than the amount in Part II, Paragraph 1" such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. w 725·030-06 PUBLIC TRANSPORTATION 00107 Page 5 of14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Modal Development 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Office of Modal Development 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 " 725-030-06 PUBLIC TRANSPORTATION 06107 Page6of14 3. Copies offinancial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans, 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 1- 725-030-06 PUBLIC TRANSPORTATION 0eJ07 Page 7 of 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W Commercial Blvd. Ft Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112,061, F,S 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. -¡ 725-030-06 PUBLIC TRANSPORTA T1QN 06KJ7 Page 8 of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 826 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time, The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 11 g, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Q 725-030-00 PUBLIC TRANSPORTATON 00107 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts, In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees. recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department ofTransportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. Q 725-030-06 PUBLIC TRANSPORTATION 06107 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. If' 725-030-06 PUBLIC TRANSPORTATION 06107 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at triaL 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8,23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. II 725·030·06 PUBLIC TRANSPORTATION 00107 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before July 31 , 2010 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders, 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation. renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. u 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or servic!=,s are received, inspected and approved, If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: 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 a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor lis!. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. /"~ 725-030-œ PUBLIC TRANSPORTATION œlO7 Page 14 of 14 Financial Project No. 418243-1-94-01 Contract No Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Sl. Lucie County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE Director of Transportation Development TITLE ILl Fin. Proj. No.: 418243-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Update Master Plan SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A The District project manager has 10 working days to review invoices after receipt of invoice package and corresponding progress report before submitting to District Financial Services Office for payment. i&) Fin. Proj. No,: 418243-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. TOTAL PROJECT COST: $250,000 II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. 0.00% $0 Agency Participation: In-Kind Cash 20.00% $50,000 other Maximum Department Participation: Primary (OS) (DDR) (01 M) (PORT) 80.00% $200,000 Federal Reimbursable (OU) (FRA) (OFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $250,000 Il-. Financial Project No, 418243-1-94-01 Contract No. Agreement Date EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County Board of County Commissioners A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation, B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assuranCe satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 (S/2/2007) II relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 (8/2/2007) ¡q shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or faCility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal fUnding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority, 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. Joint Participation Agreement (JPA) Exhibit C Page 3 (8/2/2007) In C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country, 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a, Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database, 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050AA.; chapters 73 and 74, F,S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. Joint Participation Agreement (JPA) Exhibit C Page 4 (8/2/2007) '1(ì d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars, Joint Participation Agreement (JPA) Exhibit C Page 5 (8/2/2007) ." c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "6" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection · Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports · Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook · Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, Joint Participation Agreement (JPA) Exhibit C Page 6 (8/2/2007) n enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 7 (8/2/2007) ?:s Fin. Proj. No.: 418243-1-94-01 Contract No.: Agreement Date: EXHIBIT D PROJECT AUDIT REQUIREMENTS The administration of resources awarded by the Department to St. Lucie County Board of County Commissioners may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to St. Lucie County Board of County Commissioners regarding such audit. St. Lucie County Board of County Commissioners further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Joint Participation Agreement (JP A) Exhibit D Page 1 of7 74 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i,e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215,97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings, Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FOOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION Joint Participation Agreement (JPA) Exhibit D Page 2 of7 '7&:; 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Joint Participation Agreement (JP A) Exhibit D Page 3 of? '?/ - Fort Lauderdale, Florida 33309-3421 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A, The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Joint Participation Agreement (JPA) Exhibit D Page 4 of7 ?7 EXHIBIT - 1 STATE RESOURCES State Aqencv Cataloq of State Financial Assistance (Number & Title) Amount Department of Transportation 55004 - Aviation Development Grants Objectives $200,000 1. To provide funding for airport planning, airport improvement, land acquisition, and airport economic development. Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; - Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Land Acquisition Joint Participation Agreement (JPA) Exhibit D Page 5 of? ?9 This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones, (FOOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FOOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at wwwdot.stateJl.us!Aviation!Public.htm. Commercial Service Airports Matchinq Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on-airport revenue-producing capital improvements. This program is for local match only. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans Joint Participation Agreement (JP A) Exhibit D Page 6 on 1a The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Joint Participation Agreement (JP A) Exhibit D Page 7 of7 ''2.'-'" ~ AGENDA REQUEST ITEM NO: F1 DATE: June 10, 2008 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] , ., ./j (fl'rL PRESENTED BY: Jessica Parrish J /- Housing Coordinator SUBJECT: Approval of Resolution No, 08-197 appointing the initial members of the Affordable Housing Advisory Committee TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department BACKGROUND: Please see Memorandum No, 08-133, FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Approval of Resolution No. 08 197 appointing the initial members of the Affordable Housing Advisory Committee. COMMISSION ACTION: CONCURRENCE: p<] APPROVED [ ] DENIED [ ] OTHER Approved 5-0 ~ .--/ Douglas M. Anderson County Administrator Coordi nation/Signatures ã c, P J /, Ma~Udgelx~:. . Oth. ; - Gr "'1- _' =:::> County Attorne, x '1'') I-<> oJ,f'.- . ,. ,-, . -, ( Originating Depanment: x . --, Purchasing. , Dtner Finance. x Cneck for copy only :f applicable ~ " COMMUNITY SERVICES MEMORANDUM #08-133 FROM: Board of County Commissioners /1 I r ;ç,,-lJ.- Jessica Parrish, Housing Coordinator /1-; / '! TO: SUBJECT: Affordable Housing Advisory Committee DATE: June 10, 2008 In 2007, the Florida Legislature passed House Bill 1375 requiring cities and counties receiving SHIP funds to appoint an Affordable Housing Advisory Committee. On May 27, 2008 the Board approved Ordinance 08-023 creating the Committee. Resolution No. 08-197, if approved, will appoint the initial members. At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: · The processing of approvals of development orders or permits, as defined in s. 163.164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects; · The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing; · The allowance of flexibility in densities for affordable housing; · The reservation of infrastructure capacity for housing for very-low income persons, low-income persons, and moderate-income persons; · The allowance of affordable accessory residential units in residential zoning districts; the reduction of parking and setback requirements for affordable housing; the allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing; · The modification of street requirements for affordable housing; i Memorandum 08-133 June 10, 2008 Page 2 · The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; · The preparation of a printed inventory of locally owned public lands suitable for affordable housing; and · The support of development near transportation hubs and major employment centers and mixed-use developments. The initial committee members must be appointed by resolution and represent the following areas: · One citizen who is actively engaged in the residential home building industry in connection with affordable housing; · One citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing; · One citizen who is a representative of those areas of labor actively engaged in the residential home building industry in connection with affordable housing; · One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing; · One citizen who is actively engaged as a not-for-profit provider of affordable housing; · One citizen who is actively engaged as a for-profit provider of affordable housing; · One citizen who is actively engaged as a real estate professional in connection with affordable housing; · One citizen who actively serves on the local planning agency pursuant to FL Statute 163.3174; · One citizen who resides within the jurisdiction of the local governing body making the appointments; · One citizen who represents employers within the jurisdiction; and · One citizen who represents essential services personnel, as defined in the local housing assistance plan. In addition to the above mentioned members, the committee is to be cooperatively staffed by the County's Housing Division and Growth Management Department. RECOMMENDATION: Staff recommends approval of Resolution No. 08-197 appointing the initial members of the Affordable Housing Advisory Committee. \ RESOLUTION NO. 08-197 A RESOLUTION APPOINTING MEMBERS OF THE AFFORDABLE ADVISORY COMMITTEE INITIAL HOUSING WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board recognizes the importance of Affordable Housing Policies and the need to review and update the St. Lucie County Comprehensive Plan and Land Development Code to enable such policies to be fully utilized by developers. 2. On June 15, 1993, this Board adopted Ordinance No. 93-17 which amended Chapter 1-10.5 ("Housing") of the St. Lucie County Code of Ordinances and Compiled Laws to create Article V ("State Housing Initiatives Partnership Program"). 3. Section 1-10.5-42 provided for the creation of an Affordable Housing Advisory Committee (the "Committee") for the purpose of advising the Board of County Commissioners on matters relating to codes and regulations that currently preclude Affordable Housing Policies. 4. On May 27, 2008, this Board adopted Ordinance No. 08-023 that amended Section 1-10.5-42 to further define the membership and duties of the Committee in accordance with Section 420.9076, Florida Statutes (2008). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. In accordance with Section 420.9076, Florida Statutes (2008) and Section 1-10.5-42, St. Lucie County Code of Ordinances, the following individuals are appointed as the initial members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: Ken Fuchs- Commissioner Lewis ' Residential Home Builder Mike Smith - Commissioner Smith Bankinq Industry - Don Green - Commissioner Craft A ffordable Housing Labor Representative Louise Hubbard - Commissioner Craft Advocate for Low Income Persons Skeet Jerniqan - Commissioner Smith For-Profit Affordable Housinq Provider I AI Rivett - Commissioner Coward Not-for-profit Housing Provider .~ Scott Winqfield - Commissioner Grande Real Estate Professional __J Stefanie Morqan - Commissioner Grande Local Planninq Aqency Member ì -- I , I Diana Wesloski - Commissioner Lewis Ii Colleen Jeeves - Commissioner Coward L Rick Carreno - At Lar e I Citizen I Representative of Employers Essential Services Personnel 3. The Committee members' terms shall be in accordance with Section 1-10.5- 42, St. Lucie County Code of Ordinances. After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith Vice-Chairman Paula A. Lewis Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED this 10th day of June, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 2 REVISED AGENDA REQUEST ITEM NO: F2 DATE: June 10, 2008 REGULAR [ ] PUBLIC HEARING [] CONSENT [~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department PRESENTED BY~- John Franklin Housing Manager SUBJECT: Request approval to award Community Development Block Grant (CDBG) Housing Rehabilitation Bids 18, 19, 20 and 21 to the lowest responsive and responsible bidder. BACKGROUND: Please see attached Memorandum # 08-154. FUNDS AVAIL: 001404-6420-549610-600 (CDBG DRI 2004) 001184-6420-549610-600 (CDBG DRI 2005) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval to award the CDBG housing rehabilitation bids on projects to the lowest responsive and responsible bidder. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ] DENIED [ ] OTHER -------. ~ -::, Douglas M. Anderson County Administrator --=::> Approved 5-0 County Attorney x .')'111 fr> P .P"î ¿? /L Originating Department: x :r L, Coordination/Signatures Management & Budget x~LF 0..t~~"" " Other' , , Purchasing x: ~ Other: COMMUNITY SERVICES MEMORANDUM #08-174 FROM: Board of County Commissioners John Franklin, Housing Manager ~ Concerns with Emporium Homes ' TO: SUBJECT: DATE: June 6, 2008 On June 5, 2008 Bids 18,19,20, and 21, COBG Housing Replacement Projects were opened. The apparent low bidder was Emporium Homes Corporation. Upon further review of their bids and materials submitted as well as speaking to their references and the license holder, Julio Ferero, staff and the Citizens' Advisory Task Force (CATF) made the recommendation that the bids received from Emporium Homes Corporation be deemed as "non-responsive". Below highlights the information that was obtained that factored into this recommendation. · Staff and their consultants reviewed the prices quoted by Emporium and felt that the homes could not be built as required in the bid documents. · Emporium did not provide the second page of itemized prices. · Emporium did not list their subcontractors on the bid as required. · Only one copy of the bid was provided. Two copies were required. · Emporium does not carry Worker's Compensation insurance as required in the bid. · Emporium Homes Corporation has never worked with County Government. · Emporium is not familiar/experienced with grant requirements. · Emporium Homes Corporation has only pulled one permit in their name and that was for a remodeling project. · When asked if the Company would be able to financially support these projects, Mr. Ferero responded he could get financing. · Emporium Homes has never demolished an existing home, and built a replacement home. · Emporium has never built a house from the ground up. · Emporium Homes Corporation have only acted as a sub contractor on previous projects. Staff and CATF recommended that the bids received from Emporium Homes Corporation be deemed to be "non-responsive". Staff recommends that the award should be made to the next lowest bidder, E.O. Koch, for bids 18, 19, 20, and 21. 7408 Edisto Drive Lake Worth, Florida 33467 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.c. Tel: FAX: 56]-432-1524 561-432-6734 June 5, 2008 TO: S1. Lucie County Citizens' Advisory Task Force FROM: Nancy Phillips, CDBG Consultant SUBJECT: Overview ofCDBG Housing Applicants - IFBs #18-22-Rebid Projects DRI CDBG Contract No.: 06DB-W32 Earlier today bids were opened for four (4) CDBG Disaster Recovery housing projects. I would like to request that you consider taking action to recommend that the St. Lucie County Board of County Commissioners (BOCC) award these contracts at an upcoming BOCC meeting. The following contractors submitted bids on the above noted projects: 1. Carmel Capital, LLC - Non-Responsive 2. E.O. Koch 4. SDZ Construction 5. AAA Construction Group - Non- Responsive 6. DJP General Construction - Bid 18 - Non-Responsive 7. Walter & Sons Custom Homes - Bids 18, 19, and 21 Non-Responsive 8. Zachman Enterprises 9. Emporium Homes Corporation - Non- Responsible Please remember that if you are related to any of the housing applicants, a Conflict of Interest must be filed and the CDBG waiver process adhered to. , All the projects are demo/replacement housing units. Each home will be a minimum of 1,000 square feet, 2 bedroomsll bath unless otherwise specified. The specifications for each home are the same as noted below: Item # 001 002 003 004 System DEMOLITION SITEWORK NEW STRUCTURE ELECTRICAL, APPLIANCES, AND HV AC Description of Work Location Demolition and safe, legal, disposal of all materials and clean up of job site for the construction of the new house. Special attention should be directed to the attached reports (if any) regarding asbestos containing materials and recommendatiolls in those reports. Any recommendatiolls included in the reports regarding asbestos shall become part of the Work. All Provide mandatory boundary, site survey and plan. Preparation of site for new construction shall include 36 inches of fill, grading, compacting and testing necessary for this house. The work shall include curb cuts, driveway aprons, and sodding if required by local codes. Any site in a flood zone shall be constructed at least one foot above base flood elevation. The required certificate of elevation is the respollsibility of the contractor, if property is located in the flood zone. Treat for termites prior to pouring slab. All Site built homes shall consist of the followillg: Minimum 1000 sq. ft, 2 bedroom, one bath, kitchen -living room combination and 9 X 15 covered front porch. Materials shall be concrete slab-on-grade, CMU walls with stucco and architectural shingled hip roof with aluminum vented soffits, gutters and roof vents. All plans and permitting shall be the responsibility of the contractor. Exterior shall be painted with one main color and one trim color. All Minimum 200 amp service and wiring to meet NEe. (Note: electric service shall be located on side or rear of house). New 4 burner electric stove, new electric water heater, range hood, all electrical fixtures, switches, and other items necessary for a complete hOllse in move-in condition. Provide new minimum 18 cu. ft. frost-free refrigerator. HV AC system shall be new celltral electric heating and air conditiolling system with service to all habitable rooms. IlIclude all ductwork, air handler closet, DiDin!!, electrical and other items necessary All 2 for a complete system. 005 INTERIOR Provide plaster or drywall walls, textured ceilings, All new carpet in living room, bedrooms and hall, and vinyl flooring in kitchen and bathroom. All walls and ceilings to be painted one color. Insulate walls to minimllm R-ll, and ceilings to R- 30. Include all interior and exterior doors, screen doors, and closet doors necessary. Exterior doors shall include deadbolts, keyed alike. SEPTIC SYSTEM Provide new septic system and drain field. For All 006 bidding purposes, provide price for an elevated system, with five feet of fill for the drain field and abandonment of existing septic tank. Final price will be adjusted out of final payment based on the actllal system required by the permit, and actllal system constrllcted if no system is installed this specification item price will be deducted from final payment. Alternate - connect to community sewer system if available. 007 PLUMBING New plumbing fixtures shall include toilet, All fiberglass bathtub/shower, bathroom vanity and kitchen sink. Install washer and dryer hook-ups in enclosed space with louvered doors and utility shelving, and 2 exterior hose bibs. Connect to community water system if available, or existing well. 008 WINDOWS Windows shall be aluminum frame, single hung, All single pane with screens or impact resistant glass if required by local code. Number, size and location to be determined by contractor's plans. Bedroom windows must be sized properly for egress. Protect all openings with Miami - Dade compliant shutters. 009 CABINETS Provide minimum 10' of base cabinets and Kitchen/ countertops, and 8' of wall cabinets in kitchen. Bathroom Provide medicine cabillet and mirror in bathroom with light above mirror. 010 MISe. Provide minimum of 2 towel bars in bathroom, Various toilet paper holder, shower bar, storm door installed at frollt entrance and minimum 5' X 5' concrete pad at rear exterior entrance. Install 911 addressing as required. Please consider the bid tabulations noted on the attachment. 3 " IFB #18-Rebid - Juanita Chavis, 4703 Avenue O. Fort Pierce Size of Household - 2 Qualifies - Very Low Income (VLI) Range Recommendation -- Consider award to lowest responsive and responsible bidder as noted on the attached bid tabulation dated June 5, 2008. IFB #19-Rebid - Caleb Irving, 4705 Barcelona Ave.. Fort Pierce Size of Household - 2 Qualifies - VLI Range Recommendation - Consider award to low bidder as noted on the attached bid tabulation dated June 5, 2008. IFB #20-Rebid - Judith Suit. 6102 Bamboo Dr.. Fort Pierce Size of Household - 3 Qualifies - Low-to-Moderate Income (LMI) Range Recommendation - Consider award to low bidder as noted on the attached bid tabulation dated June 5, 2008. IFB #2 I-Rebid - Clyde MitchelL4808 Barcelona Ave.. Fort Pierce Size of Household - 2 Qualifies - LMI Range Recommendation - Consider award to low bidder as noted on the attached bid tabulation dated June 5, 2008. A complete copy of the IFB is on file in the County's Purchasing Department and the St. Lucie County S.H.J.P. Department in the appropriate CDBG applicant files if you wish to review these documents. Please do not hesitate to contact me if you have any further questions and/or comments. Insp c: John Franklin, St. Lucie County Housing Manager Beth Ryder, St Lucie Community Services Director 4 7408 Edisto Drive Lake Worth, Florida 33467 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.c. Tel: FAX: 561-432-1524 561-432-6734 June 5, 2008 SUBJECT: John Franklin, St. Lucie County Housing Manager . Nancy Phillip'_ GrnnWFunding SpeciWi" ILJj¿'-1-¡J~ Reference and Information Check for Emporium Home ~orporation TO: FROM: In checking the references listed on the Contractor Questionnaire included with the bid, telephone calls were made to three of the 4 references, this company's only experience has been as a subcontractor. Fourth reference was located in Spain. Reference calls were made today beginning at 1 :45 p.m. to the following: 1. Huston Barron - 772-462-3461 Materials were cheap, work decent Work undertaken was screened in porch valued at $6,000 On scale of 1-10 with 10 being superb - Rated 5 2. Edgar Bullz - 561-502-4059 Was subcontractor for Julio Work completed were driveway, drywall on house in Port St. Lucie Julio was not perfectionist Rated - 6-8 3. Escobar - 772-528-9436 Julio worked as subcontractor to Saturno Construction Company on two homes in the price of$110,000-$120,000 A conference call was then made to Julio Forero and the foIlowing questions asked: How many permits for homes has Emporium Home Corporation pulled? Response - Only 1, works for other contractors from Boca Raton to Miami Work involved - Remodel house roof, screen room - Mr. Barron was the reference I House was in St. Lucie County at 421 1 Avenue Q Ever done any government work? - This is the first time, no grant experience Ability to financially support these homes upfront? - His response was questionable Do you have $350,000 in bank account which would allow you to finance these projects? - He could get financing Have you ever constructed a house from ground up, either demo and do replacement home or new construction from raw land (Jenny Cruz spoke in Spanish to translate) - No under the name of Emporium, but other companies under Satumo as a subcontractor Value of most expensive home ever built from ground up - $190,000 as subcontractor Position with Satumo Homes - Subcontractor Have you ever bid to St. Lucie County before for their housing program? -- No Based upon the costs submitted, I do not believe these homes can be constructed for the amounts of the bids. Material costs are at $55 per square feet, plus the cost of demo and septic. Two of these homes have asbestos that will require additional expertise and expense. Based on the square footage of 1,000 square feet, material cost would be $55,000 plus demo and septic. The last quotes received for this size house were between $79,400 up to $87,140.00. Also on the Application for Contractor Certification form, all subcontractors were omitted. Thus, there is no way to speak with subcontractors to verify payment record. This company does not carry Worker's Compensation insurance, which is a requirement. The County's CDBG Citizens' Advisory Task Force (CATF) met today and determined that the bids received from Emporium Home Corporation are non-responsive. Therefore, the award for each project would be to the next low bidder, E. O. Koch Construction. Please feel free to contact me if you have any questions. /nsp Attachment ~ I·~ I~ Ë " ¡:¡; ijj i§ c m m m m,,"" ¡¡: 10 0 0 ~ "T1 ." ." ~ \! ~ ~ ~ m n ~ " n c o·!!!;:lrn ;: < m 1m z z !=? ül !:l I !2::¡; , t.n ñi :;1 ~ I~ ..; m c 00 \~ ~ I 01 s: » -< I m " ;0 o ;0 '" CJl C N r m ." "" "" o ~ r III ç; Z " 'Ir '" I I 1 I N » (") I Z » Z m Z -< m ;U -0 ;U ¡¡; m Ul .... co r.n :... r.n o a o w .... co (J) ." o o a o .þ. :¡: » ~ m ;U Qo fJ) o z Ul (") C ~ o ;:: I o ;:: m fJ) <0 " Co <!) o b o * r.n <0 01 a o o b o * (J) fJ) o N .... <0 .þ. Co o o b o .... ~ o o -... o o a o .... m ;:: -0 o ~ c ;:: I o ;:: m fJ) (") o ;U :u * * ... 01 co ·co (J) ~ ~ " ... 01 co <.n (J) co '" w m o ;.; o (') I .... .... .... i:x> 01 o a o " .... .... <!) '" .... '" b o " o '-- -0 co co ""'1 " 8 * .þ. .... co '" i:x> <0 <0 W .þ. w (") » ;U ;:: m , (") » -0 ~ c: '-- o z o m , m ;U Gl Õ .... <!) .þ. ën o o o o (J) <!) .þ. ën o o a o * '" <0 ~ .... ~ .... .... .... .... ..þ. ~ co ~ (J) co <!) .... ~ 0 '" ën co " 0 '" w <!) N a .", N i:x> -... 0 0 0 .þ. " .... 0 0 0 0 a 0 0 0 0 w " ~ 0 a 0 ~ a '" 0 0 0 0 0 0 .þ. * * w .... (J) " '" .þ. <0 .... <!) .... '" .... .... .... ::; co a ~ '" co co .þ. .... 0 0 co 0 co ën :... ën 0 .w <.n ..... ·w 0 0 '" '" 0 '" 0 '" 0 0 0 co 0 .... a 0 0 0 a a '" a 0 0 0 0 w 0 W * * * w (J) co " .þ. '" ~ (') o z fJ) -< ;u c (') -< õ z <!) <!) "0 (J) o o o en - . ï c: ~. CD n o c: :::J - '< n o 3 3 c: :::J * co ~ ::; :... '" o a o * co co .... MEMORANDUM ST. LUCIE COUNTY LffiRARY TO: Board of County Commissioners Susan Kilmer, Library Director ,A~~~ FROM: DATE: May 28, 2008 SUBJECT: Reduction of Library Service hours At the March 2008 Strategic Planning meeting, the Board of County Commissioners approved the concept of closing each branch library one day per week, with the exception of the Fort Pierce Branch Library. Although operating hours are typically an administrative issue, due to the impact on citizens resulting from the changes in library service hours, staff felt it is appropriate for the Board of County Commissioners to formally approve the proposed reduction in service hours. Currently, the Library Department is operating at an 18% reduction in force. This has created difficulty in properly operating and maintaining all branches. Weare anticipating additional reductions due to the early retirement incentive program, voluntary layoff program and potential layoffs due to budget reductions. As a result, staff is recommending the following changes to operating hours, effective Monday, August 4, 2008. The proposed changes would ensure that at least three branches are open Monday _ Wednesday evening, all branches open on Thursday and Friday, four branches open on Saturday and two branches open on Sunday afternoon. Effective Monday, August 4, 2008 the following schedule would become effective: *Morningside Branch closed on Mondays *Lakewood Park Branch closed on Tuesdays *Port St. Lucie Branch closed on Wednesday *Hurston Branch closed on Saturdays and Thursday nights We are recommending the Saturday and Thursday night closing at Hurston Branch due to the limited staffing at this location. Weare recommending waiting until August to reduce hours due to programs and performers already scheduled for the annual summer reading program. County staff is also recommending that, pending future staff reductions, Fort Pierce Branch close one night per week. We are currently down six (6) positions in Public Services and two (2) positions in Reference Services which makes it hard to cover nights and weekends. This reduction in hours would occur if any other positions are lost within Public Services. Current DaysIHours Branch Library Proposed Change Currently Open Sunday I-Som FP, MGS None Monday 9am-Spm Hurston None Monday 9am-8:30pm FP, MGS, LWP, PSL Close Momingside Tuesday 9am-8:30pm FP, MGS, LWP, PSL, HB Close Lakewood Park Wednesday 9am-8:30pm FP, MGS, LWP, PSL, HB Close Port S1. Lucie Thursday 9am-6pm FP, MGS, L WP, PSL None Thursday 9am-8:30pm Hurston Reduce hours close at 6pm Friday 9am-6pm Fort Pierce None Friday 9am-Spm MGS, LWP, PSL, HB None Saturday 9am-Spm FP, MGS, LWP, PSL, HB Close Hurston FP = Fort Pierce Branch MGS = Momingside Branch L WP = Lakewood Park Branch PSL = Port St. Lucie Branch HB = Hurston Branch 2 AGENDA REQUEST ITEM NO. H DATE: June 10, 2008 REGULAR PUBLIC HEARING CONSENT [XI TO: Board of County Commissioners SUBMITTED BY: Office of Management & Budget (OMB) PRESENTED BY: Marie M. Gouin OMB Director SUBJECT: Permission to Advertise Public Hearing to Amend the Fiscal Year 2007 - 2008 Budget BACKGROUND: The Office of Management and Budget is preparing to present a Budget Amendment to the Board for the purpose of recognizing the actual cash balances carried fonvard from the previous fiscal year. This amendment will also adjust current year revenue and expense estimates. Florida Statute 129.06 (f) requires the Board to hold a public hearing before amending the adopted budget in this manner. FUNDS AVAILABLE: 001-1110-549000-100 (General Fund, BOCC General Government, Advertising) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the fiscal year 2007 - 2008 budget. COMMISSION ACTION: CONCURRENCE: [><] APPROVED [] DENIED [ ] OTHER: ~ ~ Douglas M. Anderson County Administrator = Approved 5-0 County Attorney:xx ;JJ Coordination/Signatures ~ Management & Budget: ~urChaSing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) ~, G:\BUDGET\WP\AGENDA'SIAGENDA08\6' I O'08FBF AD.DOC OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #08-45 TO: Board of County Commissioners FROM: Marie M. Gouin, Office of Management and Budget Director f/})~ SUBJECT: Permission to Advertise Public Hearing to Amend the Fiscal Year 2007 - 2008 Budget DATE: May 29, 2008 The Office of Management and Budget is preparing to present a Budget Amendment to the Board ofeounty Commissioners for the purpose of recognizing the actual cash balances carried forward from the previous fiscal year. This amendment will also adjust current year revenue and expense estimates. Florida Statute 129.06 (f) requires the Board to hold a Public Hearing before amending the adopted budget in this manner. Staffrecommends that the Board of County Commissioners authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the fiscal year 2007 - 2008 budget. J AGENDA REQUEST ITEM NO. I DATE: June 10, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Approval to purchase the Hydro-4000. This device will be installed by staff on one of Central Services fleet vehicles and is available through Green Machine Solutions (GMS). This product promises greater fuel efficiency and reduces carbon emissions. Approve Equipment Request # EQ08-322 Approve Budget Amendment # BA08-025 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1921-564000-100 (Equipment) FUNDS WILL BE MADE AVAIL: 001-1920-564000-100 (Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the Hydro-4000. This device installs to any vehicle and will be done by staff on one of Central Services fleet vehicles. Cost to purchase the Hydro-4000 is approximately $1,200. Funds in the amount of $1 ,200 are available and staff is seeking approval of Equipment Request #EQ08- 322 and Budget Amendment # BA08-025. MISSION ACTION: 1}1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: coordination/Sig~ County Attorney: V Originating Dep~{tØ--' ~ Finance: (Chec:k for Copy only. if Applicable) Mgt. & Budget: ~ ..-' - Douglas M. Anderson County Administrator ~ Purc:hasing Mgr.: Other: Other: Eft, 1/97 g,\AGENDA\AGENDA-284 HYDRO-4000.DOC a MEMORANDUM DEPARTMENT OF CENTRAL SERVICES DATE: BOARD OF COUNTY COMMI~ONERS If..í;/ Don McLam, Assistant ~ June 10, 200B TO: FROM: SUBJECT: Approval to purchase the Hydro-4000. This device will be installed by staff to one of Central Services fleet vehicles and is available through Green Machine Solutions (GMS). This product promises greater fuel efficiency and reduces carbon emissions. Approve Equipment Request # EQ08-322 Approve Budget Amendment # BA08-025 BACKGROUND: Green Machine Solutions (GMS), Jupiter, Florida, has introduced a product called the Hydro-4000. This device installs to any vehicle, runs on water, promises 20% to over 60% reduction in fuel consumption, and reduces carbon emissions. The following is a brief explanation of how the Hydro-4000 is supposed to work. In any engine, when you push down on the accelerator, a mixture of air and gasoline is sent into your cylinder. When the gas and air hit your spark plugs, it triggers a mini explosion pushing your car forward. But in any engine, roughly 15% of the gas isn't burned; instead it is pushed out through your exhaust pipe. The makers ofthe Hydro-4000 say their device sends hydrogen into the engine. This allows you to not only burn all of the gas that you're putting into your tank; it also creates a cleaner burning environment. (Please see Attachment 1) Staff is seeking approval to purchase the Hydro-4000. This device will be installed by staff to one of Central Services fleet vehicles to test the product and see if fuel consumption is in fact reduced. Cost to purchase the Hydr0-4000 is approximately $1,200. Funds in the amount of $1 ,200 are available and staff is seeking approval of Equipment Request #EQ08-322 (Attachment 2) and Budget Amendment #BAOB-025 (Attachment 3). RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the Hydro-4000. This device installs to any vehicle and will be done by staff on one" of Central Services fleet vehicles. Cost to purchase the Hydro-4000 is approximately $1,200. Funds in the amount of $1,200 are available and staff is seeking approval of Equipment Request #EQ08-322 and Budget Amendment # BAOB-025. , Device promises to save 60% at the pump - WPTV New3channelS1 ATT ACHMENT1 - Page II à ! ~ ii; 'A. 1 \\~l, . Em~il.~.t()(Y .. J L~.,.,~!HLt.§t9.¡.r . I Device promises to. save 60% at the pum~tffi / Reported by: JamleHolmesu ..p' I 8/' ia rr:S Email: jhOlmeslâlwotv.comir;. f t Photographer: T~~reci~1 . J } ð / 'I / Last Update: 6:1'61am 4 NewsChannel 5 puts new device to the test Click on video player to the right to watch J Holmes' full report There is no more pinch at the pump, instead it's become a i full fledge punch. but what if there was a device out there \ which could save you up to sixty percent on your gas bill? \ The Hydr0-4000 installs to any vehicle, and runs on water, ! it costs about $1200. But the creators say given the I amount of money you already spend on gas, it wouldn't \ take long before you made that money back. i i "We estimate the average person would see savings in \ one year. With fuel prices going the way they are, today's 1 oil market is $112 a barrel, prices are going to continue to l go up, we have to find solutions to our big problem in the i U.S.," says David Havanich, But does it work? i J NewsChannel 5 put the Hydro-4000 to the test, by ; installing it on one of our own news vehicles thiat was 1 checked out and given a complete tune-up by our I ' \ company's mechaniC. ! Before we show you the results though, let's explain how ; Related Links ! L + \jydro-4000 the Hydro-4000 is supposed to work. In any engine, when you push down on the accelerator, a mixture of air and gasoline is sent into your cylinder. When the gas and air hit your spark plugs, it triggers a mini explosion pushing your car forward, But in any engine, roughly 15% ofthe gas isn't burned: instead its pushed out through your exhaust pipe. The Hydro-4000 creators say their device sends hydrogen into your engine, creating a cleaner burning environment. They claim their product allows you to burn all of the gas that you're putting into your tank, instead of wasting it through your exhaust pipe, ·what we've done is brought oxygen, similar to what race car drivers do. to hydrogen, which is a higher burning has to also make sure you're burning every bit of fuel you're paying for at the pump," says Havanich. So back to our test. First, we needed to know how many miles to the gallon we were getting in our vehicle. So we put it on something called a dynamometer, think of it as a giant treadmill where we ran the truck for twenty minutes at 55-miles an hour on a full tank of gas. Once done, we found that even with an oil change, clean air filter and proper tire pressure, we were averaging roughly 9.4 miles to the gallon. We then ran our truck on the street for close to a month with the Hydro-4000 running. The owners said this would give the device time to clean out the engine. We then put our vehicle back on the dynamometer. and did the same test all over again. http://www.wptv.com/news/locallstory .aspx?contentjd=7 4b 1546S-2ebb-4geO-acb 1-93 9c4b... 5/8/2008 Device promises to save 60% at the pump - WPTV NewsChannel 5 !Page21 , And guess what? With the device on, we were now averaging 23.2 miles to the gallof1. That's 61 % better than the gas mileage we were previously getting. We also road tested the device. There we averaged 16-point-one miles to the gallon. which is 58% better than before. Another device, the Hydro-5000, is also available for 18-wheelers, http://www . wptv .comfnewslloca1Jstory .aspx?content _id=74b 15465 -2ebb-4geO-acb 1-93 9c4b... 5/8/2008 ::HYDRO-4000:: Page 3 \ · 20%- 60% reduction in fuel consumption I · Reduces Carbon Emissions I · Improves power and performance of your vehicle! · Zero pollutants I · Distilled water fill-up is all that's needed 10 produce hydrogen! · No Hydrogen stored under pressure. makes for safe systemsl · Increases the life of your engine! · Cutting edge technology! · Very affordable I · Patent Pending! · American Made! · Distributors Wanted I ... TURN YOUR VEHICLE INTO A HYDROGEN-HYBRID TODA YI SAVE 60% On The Cost of Gas We test a new gas saving device on our own Newscnannel 5 trucks. "Cn<:k here for full neWS video and sl-orv' The HYDR0-40oo is . device designed to s.ve fuel, improve engine performance and provide. "green" alternative to conventionW fuels like gasoline, ethanol and diesel. Also known as a Hydrogen Cell, the HYDRO- 4000 provides better mileage which. in turn, saves fuel while improving engine efficiency and lengthening engine life. Anyone interested in saving the planet now, and saving money definitely needs · HYDR0-4000 for their vchicle. Operating on the electricity provided by your vehicle's alternator, the unit actually provides "Brown's Gas," a combination ofhydrogcn., oxygen and water vapor that is inhaled by an engine's intake system. S.ve money on fuel, get better gas mileage and help save our environment by using" green fuel". 100% ~~ Check with your personal Tax professional for all State & Federal Deductions for which you m.y qualify. :: Down load 1RS Form :: 30%"» IRS Fonn 89] 1 70%» "IRS Fonn 3800 New Ener2V Tax Credits·,,» It's a "'Win-Win" situation for everyone concernt.d. Ener"" Efficiencv and Renewaple ~»" How this technology works The HYDR0-4000 works as an add-on with existing fossil fuel technology that turns any internal combustion engine into . virtual hydrogen-hybrid. The HYDR0-4000 is · superior system. Other hydrogen units are virtual science experiments in comparison. Our unit has been engineered to provide long term fuel s.vings, resulting in 20% to over 60% better mileage by simply installing the unit and adding distilled water with each Hydro~en PropertV Credit Expires in 20]4»» Technology http://www.hydro4000.com! 5/29/2008 ::HYDR0-4000:: fill-up. Some denatured alc<lho] as antifreeze is necessary in colder climates. In diesel engines the added heat of the hydrogen burns offmost, ifnot all, the pollutants. Read moren "Coming Soon" NEW! HYDR0-501lO for commercial trucks, with water tank and auto-filling. Page4! KYD;1;DG~N FlG\q c¡.¡MIT 'f, ~ ": ~'\ ¡ 1 . . ~> . Using Hydrogen for fuel ",ill increa.<;e your Vehicle's gas mileage, engine life and support a healthier, cleaner en\ironment for all life! Read more·}) SAVE 60% On The Cost of Gas We test a new gas saving device on our own Newschannel 5 trucks. *click for full story* http://www.hydro4000.com/ 200& GREEN J\1.ACHINE SOLUTIONS INC. 5/29/2008 ., ::Warranty:: Page 5 HYDRO-4000 Warranty and Support Information The HYDO -4000 is under 1 Year WalTanty · Warranty information · How to get support over the Intemet · How to prepare the HYDRO-4000 for shipment · "you have a problem with your HYDRO-4DDO, read the FAa- Trouble-shooting Web page on this Website and review the documentation that came with your unit to see if you can resolve the problem yourself · If you are unable to find the answer you need in the printed documentation supplied with your product, you can contact us direclly. · Contact Green Machine Solutions Inc. customer support at (561) 804- 6777. Warranty Upgrades Our HYDRO-40DD is American made. GMS offers (for an additional $200 fee) a warranty upgrade option that extends your standard product warranty by one (1) year. This option includes priority return service and/or next business day exchange after receipt of a returned unit by GMS. Typically, warranty coverage begins on the product purchase date and the upgrade option must be purchased within 90 days of that date. See the Web site Purchase page to take advantage of this option. Warranty Statement &. Information GMS product covered - HYDRO-4DOO Duration of limited warranty One (1) Year This warranty does not cover GMS products that have been remanufactured, reverse-engineered. cut or sawed into, misused, or tampered with in any way after purchase. ,. . "." .: 100%, ~~ Check with your personal Tax profession.al for all State & Federal Deductions for which you may be qualified for. GMS Limited Warranty Dear Customer, You will find below the name and address of the GMS entity responsible for the performance of the GMS Limited Warranty. You may have additional statutory rights against the seller based on your purchase agreement. This GMS Limited Warranty does not in any way affect those rights. Green Machine Solutions, Inc., 140 Intracostal Pointe Suite 211, Jupiter FL 33477 Phone: (561) 804-6777 Fax: (561) 744-6070 A. Extent of Limited Warranty 1. GMS warrants to the end-user customer that the GMS products specified above will be free from defects in materials and workmanship for the duration specified above, which duration begins on the date of purchase by the customer. 2. GMS's limited warranty covers only those defects that arise as a result of normal use of the product, and does not cover any other problems, including those that arise as a result of improper maintenance or modification; the use of alternative parts or supplies not provided or supported by GMS; operation outside the product's specifications; unauthorized modification or misuse. 3. If product failure or damage is attributable to the use of a non- GMS replacement part, GMS will charge its standard time http://www.hydro4000.comlwarranty.htm 5/29/2008 ::Warranty:: Page 6 and materials charges to service the product for the particular failure or damage. 4. If OMS receives, during the applicable warranty period. notice of a defect in any product, which is covered by this warranty, OMS shall either repair or replace the product, at GMS's option. S. If OMS is unable to repair or replace, as applicable, a defective product, which is covered by this warranty, OMS shall. within a reasonable time after being notified of the defect, refnnd the purchase price of the product as long as the defect is reported to OMS within the Warranty Period. 6. GMS shall have no obligation to repair, replace, or refund until the customer returns the defective product to OMS. 7. Any replacement product may be either new or like new. provided that it has functionality at least equal to that of the product being replaced. 8. OMS products may contain remanufactured parts, components. or materials equivalent to new in performance. 9. GMS 's Limited Warranty Statement is valid in any country where the covered product is distributed by OMS. Contracts for additional warranty services, such as on-site service, may be available from any authorized OMS service facility in countries where the product is distributed by OMS or by an authorized importer. 10. OMS recommends that the customer retain the original packaging in which the OMS product was received. In the event a return of the product is required, use the original packaging to prevent product damage during shipment 11. The expense of return postage or shipping from a customer to OMS shall be the responsibility of the customer. If applicable, OMS will pay postage or shipping costs to return a warranted replacement or repaired unit to the customer. Repaired units will be returned to fulfill the remainder of the unit s original warranty duration. 12. OMS HYDRO-4000 are built to operate using plain tap water with or without electrolytes approved by GMS. The use of lye, electrolytes or substances other than plain tap water and GMS approved electrolytic substances, is strictly prohibited and will void this warranty. The only exception to this provision is the use of a 20 percent solution of denatured alcohol mixed with water, to prevent HYDR0-4000 freeze-up during cold weather. B. Product Installation 1. OMS products must be properly installed in order to function as designed. It is recommended that a certified vehicle mechanic perform installation. Every effort bas been made to provide detailed installation instructions. These directions are packed with each unit and must be followed conscientiously to avoid installation errors that could cause a unit to malfunction. This warranty does not cover non-performance of units improperly installed. The installer is responsible to the customer for hislher installation and for correcting an improper installation. 2. Components shipped with a OMS product are warranted to perform as designed and are included in the warranty duration shown above. Defective components may be returned for immediate replacement anytime during the warranty period. 3. In the unlikely event there are missing parts or components that should have been included in an installation kit, those missing parts or components will be shipped by same-day mail upon notification to OMS. 4. All necessary parts and components required for routine installation in or near the engine compartment of a customer vehicle have been included in each OMS product installation kit The cost of any extra wire. tubing, connectors or other miscellaneous parts and components required for an unusual installation, is the responsibility of the customer. S. In the event that an GMS product cannot be installed in a customer vehicle for some reason, a unit with its complete complement of component parts, may be returned within 30 days after receipt (return postage/shipping paid by the customer) for a full refund, including original shipping cost and applicable sales taxes, less a 10 percent restocking charge based on the unit s original selling price. The Generator must be returned in near new condition in the unit s original packaging. Slight blemishes and component modifications (wire, tubing, etc.) caused by a failed installation wíll be accepted, 6. Units purcbased from and installed by an authorized OMS distributor/agent. are warranted by the distributor/agent in the same manner as a unit purchased directly from GMS, except, customer complaints concerned with installation problems or product defects must be processed by the distributor/agent who will then work with GMS to obtain replacement parts or repairs. The distributor/agent is solely responsible for correcting malfunctions due to improper installation. C. Limitations of Warranty TO THE EXTENT ALLOWED BY LOCAL LAW, NEITHER GMS NOR ITS TIDRD PARTY SUPPLIERS MAKES ANY OTHER wARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUAllTY, AND FITNESS FOR A PARTICULAR PURPOSE. ACCIDENTAL DAMAGES TO A CUSTOMER VEIDCLE DURING THE INST ALLA TION PROCESS, IS NOT COVERED BY TIllS wARRANTY. D. Limitations of Liability To the extent allowed by local law, the remedies provided in this Warranty Statement are the customer's sole and exclusive remedies, TO THE EXTENT ALLOWED BY LOCAL LAW, EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN TIllS WARRANTY STATEMENT, IN NO EVENT SHALL OMS OR ITS TIDRD PARTY SUPPLIERS BE LIABLE FOR DIREcr, INDIRECT, SPECIAL. INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER jl.DVISED OF THE POSSIBILITY OF SUCH DAMAGES. E. Local Law 1. This Warranty Statement gives the customer specific legal rights, The customer may also have other rights, which vary from state to state in the United States, from province to province in Canada, and from country to country elsewhere in the world. 2. To the extent that this Warranty Statement is inconsistent with local law, this Warranty Statement shall be deemed modified to be consistent with such local law. Under such local law, certain disclaimers and limitations of this Warranty Statement may not apply to the customer. For example. some states in the United States, as well as some governments outside the United States (including provinces in Canada), may preclude the disclaimers and limitations in this Warranty Statement from limiting the statutory rigbts of a consumer (e.g" the United Kingdom); otherwise restrict the ability of a manufacturer to enforce such disclaimers or limitations; or grant the customer additional warranty rights, specify tbe duration of implied warranties which the manufacturer cannot disclaim, or allow limitations on the duration of implied warranties. 3. THE TERMS IN THIS WARRANTY STATEMENT. EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRIcr, OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF GMSPRODUCTS TO SUCH CUSTOMERS. @200B GREEN MACHINE SOLUTIONS INC. http://www.hydro4000.com/warranty.htm 5/29/2008 · ¿.If .,..,. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ",;~It/t;f~1\¡ EQUIPMENT REQUEST FOR FISCAL YEAR,2007-2008 ~~ DEPARTMENT: CENTRAL SERVICES RECOMMENDED: YES NO REVISED JUSTIFICATION: Central Services would.like to purchase a Hydrogen Generator to test on one of our fleet vehicles for greater fuel efficiency and the reduction of toxic emissions into the atmosphere. EQUIPMENT REQ#: CSEQ08-322 ACCOUNT#: 001-1920-564000-100 A TT ACHMENT 3 l BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/Central Services PREPARED DATE: 5130/2008 AGENDA DATE: 611012008 ACCOUNT NUMBER ACCOUNT NAME AMOUNT. TO: 001-1920-564000-100 Machinery & Equipment $1,200 FROM: 001-1921-564000-100 Machinery & Equipment $1,200 REASON FOR BUDGET AMENDMENT: HvdroQen Generator CONTINGENCY BALANCE: nla THIS AMENDMENT: nla REMAINING BALANCE: nla DEPARTMENT APPROVAL: (çU/)~ OMB APPROVAL: BUDGET AMENDMENT #: BA08-025 DOCUMENT # & INPUT BY: ITEM NO. J AGENDA REQUEST DATE: June 10. 2008 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: cìðLUL/.· ~ Laurie Case Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2006/2007. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners' adoption of Ordinances 04-023 creating the St. Lucie Water and Sewer District and approved Resolution 07-153 adopting the FY 2005/2006 Report. RECOMMENDATION: Staff recommends the Board approve the adoption of Resolution No. 08-140 ratifying and accepting Fiscal Year 2006/2007 St. Lucie County Water and Sewer District Annual Comprehensive Report. COMMISSION ACTION: CONCURRENCE: a APPROVED 0 DENIED o OTHER: ~ ,;::> ~ - Douglas M. Anderson County Administrator Approved 5-0 ~ou",y Altom", ¡~ g Originating Dept: ¡jt;2. Review. Coordination and Approvals o Management and Budget: o Purchasing: g Parks & Rec: o Other: g Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. UTILITY DEPARTMENT MEMORANDUM DATE: Board of County Commissioners Laurie Case, Utility Director ~ June 10, 2008 TO: FROM: RE: S1. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2006/2007. BACKGROUND: In 2004 the Board of County Commissioners adopted Ordinance No. 04-023 creating the S1. Lucie County Water and Sewer District ("District"). A requirement of the District, under Section 153.75, Florida Statutes, is preparation, acceptance and filing of a comprehensive annual report of the District Utility system. Attached is the Annual Comprehensive Report of the District for Fiscal Year 2006/2007. RECOMMENDATION: Staff recommends that the Board approve the adoption of Resolution 08-140 ratifying and accepting Fiscal Year 2006/2007 S1. Lucie County Water and Sewer District Annual Comprehensive Report. RESOLUTION NO. 08-140 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, ACTING FOR ITSELF AND AS THE COMMISSION FOR THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; RATIFYING AND ACCEPTING THE ANNUAL COMPREHENSIVE REPORT OF THE DISTRICT FOR FISCAL YEAR 2006/2007; DIRECTING THE FILING OF SAID REPORTS WITH THE DISTRICT CLERK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the County Commission created the St. Lucie County Water and Sewer District ("District"); and WHEREAS, pursuant to Section 153.75, Florida Statutes, the District Board is required to cause to be prepared a comprehensive annual report of the District utility systems ("Annual Report"); and WHEREAS, the County, sitting as the District Commission, caused an annual report for the District for fiscal year 2006/2007 to be prepared and included said annual report as a component part of the County's Comprehensive Annual Financial Report filed with the State for fiscal year 2006/2007; and WHEREAS, by this Resolution, the County, sitting as the District Commission, intends to ratify and formalize delivery of the District Annual Report for fiscal year 2006/2007 from the District Commission to the County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, acting for itself and as the Commission for the District: Section 1. ACCEPTANCE OF ANNUAL REPORT. The District Board hereby ratifies and delivers the Annual Report for fiscal year 2006/2007, copy of which is attached to this Resolution, directs District staff to file such Annual Report with the County Clerk, 1 acting for and on behalf of the District as the District Clerk, and the County ratifies and affirms acceptance of said Annual Report from the District. Section 2. EFFECTIVE DATE. This Resolution shall become effective upon adoption. Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ENACTED this _ day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Ch~irman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 2 BOARD OF COUNTY COMMISSIONERS ~=r. ~en:lI~ ~) COUNTY .... ..)~ F LOR 'IDA - '··'ê"'·""·'<'·"· UTI L1TI ES DEPARTMENT June 10, 2008 Board of County Commissioners St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear County Commissioners: Please find attached the St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2006/2007. This report provides a status of activities, including financial, for the Utilities. Included in this report: 1 . Information regarding the Utility System, including the Utilities 2006/2007 accomplishments, Service Area map, organizational chart and 200612007 Fiscal Year Budget (pages 2-7). 2. The approved Utility rates, fees and charges as of September 30, 2007 (page 9). 3. Evaluation results of the physical inspection from the CDM St. Lucie County Consolidated Water and Wastewater Facilities Inspection and Engineer's Report for Fiscal Year 2007 shown in the Summary of Inspection and Assessment tables: Table 2-1 North County - Holiday Pines - Wastewater Treatment Facility; Table 2-2 North County, including Portofino Shores, and Airport Wastewater Pump Stations; and Table 2-3 Holiday Pines Water Treatment Plant. Note: The Utility has addressed, or is in the process of addressing, the proposed corrective maintenance (pages 11-16). 4. Sections from the St. Lucie County, Florida Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2007 pertaining to the Utility District (pages 18-26). The St. Lucie County Water and Sewer District is a Utility that is run and reported as an Enterprise Fund, or business-type entity. The rates, fees and charges are adopted to cover the cost of doing business, including any outstanding debt payments. The Utility coordinates with developers through the Standard Developer's Agreement to determine their water and wastewater needs and provides the means for the developer to turn that infrastructure over to the Utility; in this way, growth is expected to pay for growth. The Utility staff strives daily to provide quality service to their customers in the most efficient, effective and economical manner. As always, please call me at 462-1175 if you have any questions. Respectfully submitted, b'ßuv~ ~ Laurie Case Utility Director JOSEPH E. SMITH. Districr No.1' DOUG COWAI'.D. D,stricr No.2' PAULA A. LEWIS, Distrier No.;) . CHAI'.LES GI'.ANDE. Distrier NO.4' CHI'.IS CI'.AFT. Districr No.5 County AdminiSTrator - Douglas M. Anderson 2JOO Virginia Avenue. Fort Pierce, FL J4982 · Phone (772) 462-1150 · FAX (772) 462-115J web site: www.ca.st-Iucie.fl.us St. Lucie County Utilities Stewards of our Fresh Water Natural Resources Water and Sewer District Annual Comprehensive Report Fiscal Year 2006/2007 ACCOMPLISHMENTS · Enteré.d,.i?~~a I'lew.five~year contrac(ti1ar:ch .2007. with one·.fj'{e~Yêarrenewal option¡JorFielcl..Operation anclMaintenance; · Increaseclcustomer conneCtions in the Utility Service Area. · ChangeclHoliclay Pines clisinfectionsystem to be compatiblewith.·.FPUA. · Implementationofa Utility GIS forsystelll maps is 100 percentcornplete. · Upclatecl the Utility website. · Recognizécl~prilas Water ConservatiònMonthin conjunction with SFWMD. · RécognizedSeptember9. 2007 as Re-UseWeek in conjunCtion With American WaterWorks' Association. · Continue to· replace regular water meters with Auto- màtic Meter Reading (AMR) radio reacl. meters. The AMRs allow for quicker meter reading of the water system ušage,ancl the system will help the Utility detect possibleléaks in a customer's plumbing. St. Lucie County Utilities History St. Lucie County Utilities was organized in 1994 and as a District in 2004. St. Lucie County Utilities established water and wastewater utility service areas on North and South Hutchinson Island and in the Mainland North County areas. On North Hutchinson Island, the Utility provides potable water through a master metered interconnect with Fort Pierce Utilities Authority. The Utility owns, and operates, the North Hutchinson Island Wastewater Treatment Plant which provides reuse irrigation water on the island. In the North County Utility Area, the Utility owns and operates the Holiday Pines Water Treatment Facility and Wastewater Treatment Plant. These facilities were acquired by the Utility from the Holiday Pines Service Corporation in 1999. St. Lucie County Utilities also owns and operates the H.E.W. (Sampson Subdivision in Lakewood Park) Water Facility and Wastewater Treatment Plant. St. Lucie County Utilities serves the South Hutchinson Island District for wastewater and reuse, with the service area extending from the Fort Pierce city limits south to the St. Lucie/Martin County line. The Utility owns, and operates, the South Hutchinson Island Water Reclamation Facility which pro- vides reuse irrigation water on the island. St. Lucie County Utilities continues to grow and our main concern is to provide our customers with exceptional utility service and outstanding customer service. Community Involvement In an effort to support our community, the employees of the St. Lucie County Utility Department has contributed to various organizations with donations of time and supplies. They have participated and/or organized food drives, care packages for our troops overseas, books and school sup- plies for the children and supported the Adopt a Family program. :? ~ I, N l¡ VI ! . ~t! ~ ~ ¡ Æ ~ f z+__w'___'(f) ~~~~ .' 1'i N j i - "0<., H . ~ !! f J -~ A~ "'-«'?~~;. ?::: ~ì 0 J ~ U '" ~ ~ /' ~':;;;!(/ . //' , .,. ,'. 3 ~ ,~ ,~ {4," ~~ 'fu ~ [[¡ ~ ~ IJ' :~: ~;<'/ It:': ./-;~~7//~;/'0 ¿:G;/ (/) ~ U U · - / .,,~ " , //:0;;;" , /'Ø<.};.' J"7/'" ~ ~ .-:--"-:",,,'./ ~ //;0' '>0';";-/~¡ v:;;-:,,' - ~'-:'...J " '~~~~¿::}::;('~;;:¿;;,#/ /, , ::J -"" 1 ~//~//." / 4L"m[ð;~~c..-"" /// '/: / _.~ ",." I ' .Il~ ,,)J,~18f 'fOL.p' '!!". '//'? ,,/ /6" ~'. '//~. '//'~//f' ~ .' /,.\ ::0' / ~ . -Jf" / ,/ , , / _~ ¿\.~ / / / ~ \ -\,:T;::L.., ~/ / / / /,/ ,. ffi """ / / / ' / / ;g , "" ///,. ,t:: / / / / ,/ ' , . . ~ ::"", .', ù, , , / /" , ' , " ~ iWtf·_· //" ",..,n /~ <£ '/ "/, ~ """''' . · , ->.ï ;. J<; : / '" - / ""''''/, /< / w:/t>Y":_'''¡'£4 , ~ '" "0l. ~ ~V& ,.., ~If\ì ",1, "':/ 1;-/, ~'/..~ / / /M' 1/ / W/,;~ , ~' . .# I,,, m i ' ~~/,. :.//¡ ;.~/'~, ".w;7> ~/Jt/J / '."'.,_ '7 / / //~ ~ 7 'c'L~, '. /X'/' ;¿¿,; /7, u/. / / ~ J ~ I.~'""',"'r\ ~~/;"~~:ep''''2¿;.;:~/ ~ ;;~/i;>//' """~ " '" / ml/,/ / , ø.-;~" / /, / , / """ . ~ - , - n, / ""u' , I'o.~. . "-"A' .' ~'~ '/' "//, ¿ // ///0 / , 10- '" "'~ f ! A"'"", /,/ h, /,,,; /,. ~. h..".. " "" ",-, '" , ~'" .","" .. '/0> ¿ ~ ,//_. ~"> !7/;::~' ~"V,,,, &W;:; ~"~.%''''/' '///;Þ:' . ;f::;:J.% '~ t ~'~'\,,,\~/~~~: /"0}:.:./ //7;)#;;,);/;~ ¡ ~~~~~~6Æ? I~~.~' 1 ~~G8~ ~~~~~~~~~~ · ~~~~~ ~""\'\~~~~'.,'W i ~~~~~~"~,,'.,""",, ~ ~~.~~~". ~ ~'- - ~'.,- ~ ~~,,~,''o''''''\ '~~ ~ ~ ~'\"''.,'''''''\~''''"" ~ ,.,,--,,~ ~ "" '~'''" <D o o ~ N :-l Water Conservation has been in the forefront this past year. The dry year and low water flows resulted in watering restrictions to preserve the water available. St. Lucie County Utilities implemented the watering restrictions as set forth by the South Florida Water Management District. The watering times were also reduced for the users of reclaimed water as the Utility ceased augmenting reclaimed water with potable water to further protect this precious resource. St. Lucie County Utilities produces irrigation quality reuse water from the North Hutchinson Island Wastewater Treatment Plant, as well as the South Hutchinson Island District Wastewater Treatment Plant. The reuse water is distributed along the islands to minimize the use of fresh water for irrigation purposes. In an ongoing effort to conserve our water natural resources, St. Lucie County Utilities has adopted a tiered rate structure. In addition, the County requires rain sensors on irrigation systems; low flow plumbing fixtures are required; and the County Code requires the use of native vegetation. St. Lucie County Utilities has a leak detection program in place and provides educational water conservation information to our customers and the residents of St. Lucie County. As a result of these conservation efforts, the customers of St. Lucie County Utilities have reduced their water usage by approximately sixteen percent. To preserve our fresh water natural resources St. Lucie County has received a water use permit from the South Florida Water Management District which, as an alternative water supply, allows for the withdrawal of raw water from the Floridan Aquifer. The Floridan Aquifer is much deeper than the Surficial Aquifer. SLCUW & S District Annual Comprehensive Report FY 2006/2007 4· UTILITIES FISCAL YEAR 2006-2007 COUNTY ADMINISTRATOR UTILITIES SERVICES DIRECTOR . EXECUTIVE ASSISTANT 1-. ASSIST AN[ UTILITIES SERVICES DIRECTOR I ( VACANT) UTILITIES SERVICES MANAGER EXECUTIVE ASSISTANT I- UTILITY BILLING SUPERVISOR UTILITIES PROJ. MANAGER (2) CUSTOMER SERVICE I- SPECIALIST III I I CUSTOMER SERVICE SPECIALIST I SEVERN-TRENT CONTRACT OPERATIONS . NORTH HUTCHINSON I- WWfP . . ( . SOUTH HUTCI-TINSON 1 WWfP '- NORTH COUNTY WTP & WWTP 1--1 AlRPORT WTP & WwTP H.E.W. Wl'I' & wwrp 1-- IWRWINDS WWfP h DEPARTMENT: UTILITIES DIVISION: 2003·2004 2004·2005 2005-2006 2006-2007 % ACTUAL ACTUAL BUDGET BUDGET CHANGE REVENUES: General Fund 0 0 0 0 N/A Enterprise/lnternal Service Fund 6,014,336 6,174,481 13,345,352 14,518,513 8,8% Other Funds 0 0 0 0 N/A Departmental Revenues 0 0 0 0 N/A Grants and Other Revenues 0 0 0 0 N/A TOTAL: 6,014,336 6,174,481 13,345,352 14,518,513 8.8% APPROPRIATIONS: Personnel 355,411 449,530 519,705 520,890 0.2% Operating Expenses 2,887,236 3,104,453 3,981.979 4,878.952 22.5% SUB-TOTAL: 3,242,647 .3.553,983 4,501,684 5,399,842 20,0% Capital Outlay 0 0 3,387,669 3,603,390 6.4% Non-Operating Expenses 2,017,303 2,540,159 5,406,377 5,515,281 2.0% Hurricane, etc. 21,957 672,703 49,622 0 -100.0% TOTAL: 5,281,907 6,766.844 13,345,352 14,518,513 B.8% FTE POSITIONS: 8.33 9.33 10.33 10.33 MISSION: The mission of SI. Lucie County Utilities' is to provide a superior level of utility service to our customers and residents of St Lucie County in a Professionai and responsive manner, and strategically plan for the future infrastructure needs of County residents. Additionally, County Utiiilies will work toward a partnership with surròunding utility entitles to improve overall efficiency In the industry. FUNCTION: The Utility Department provides water and wastewater service to customers within areas of St. Lucie County, which includes 18 miles of water transmission lines and 52 miles of wastewater lines and also includes 4 Wastewater and 2 Water Treatment Plants. The service provided is accomplished in a cost efficient manner to maintain reasonable rates for our customers In a manner that does not compromise the quality of the product delivered or the service rendered. The Utilities Department wor1<s diligently with the residents of the County that desire utility service. The Department coordinates and impiements planning 10 accomplish providing the desired service. The department assists other departments within the County with utility planning, answering utility-related questions and solving utility problems within the County. 2006-2007 GOALS & OBJECTIVES Expansion of North County and Central County Utility Infrastructure. 4 Decommission Lakewood Park Water and Wastewater Plants. Update Utility Web Site. 2 Implementation of a utility GIS system to create and modify utility 5 system maps. Decommission FaÌlwlnds WWTP. 6 Connecl1000 new WaterlWastewater customers. 3 li PLANNING FOR THE FUTURE St. Lucie County Utilities is planning for future customers by completing a siting analysis for a water treatment plant and water reclamation facility located on the 38 acre Utility site in north county near the County Airport. 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Utility Revenue Sou~es FY07-u- I Total Revenue Received - all Sources: $6,562,976 Water Connection Fees 6% Sewer Connection Fees 8% Interest I 5% I Mscellaneous Revenue 4% I Reclairred Water Usage Fees 3% "1 Sewer Usage Fees 32% Water Usage Fees 42% --____~__________ I D Water Usage Fees D Sewer Usage Fees D Reclaimed Water Usage Fees D Water Connection Fees D Sewer Connection Fees D Interest D Miscellaneous Revenue $2,784,343 $2,121,011 $ 164,568 $ 409,358 $ 541,952 $ 301,944 $ 239,800 -.H ST. LUCIE COUNTY, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Edwin M. Fry, Jr., CPA Clerk of the Circuit Court Prepared By: Clerk of the Circuit Court Finance Department Shai Francis, CPA, CGFO Finance Director '9 Sl Lucie County, Florida Statement of Nel ÄS6Sts Proprietary Funds September 30. 2007 The accompanying notes to financial statements are an Integral part of this financial stalement. 20 St. Lucie County, Florida Statement of Revenues, Expenses, and Changes in Fund Net Assets Proprietary Funds For the year ended September 30, 2007 Business-type Activities Bailing & South North Recycling Hutchinson County Facility Utilities Utilities $ 15.111,647 $ 1,262,329 $ 5,069,922 350,368 324 236,608 15,462,015 1,262,653 5,306,530 357,000 (213,000) (502,938) (358,938) 1,666,436 (1,265,846) 178,505 36,282,737 15,696,678 11,524,289 $ 37,949,173 $ 14,430.832 $ 11,702,794 Operating revenues: Charges for services Miscellaneous revenue Tolal operating revenue Operating expenses: Personal services Contractual services Claims expense Supplies Maintenance Rentals and leases Communication Transportation Economic environment Dep reclation Landfill closure costs Total operating expenses 2,960,827 7,713,909 725,300 992,486 10,980 38,791 6,813 128,028 2,045,439 181,547 14,804,120 657,895 Operating income (loss) Nonoperating revenues (expenses): Intergovernmental revenue Interest revenue Gain/(Loss) on disposal of capital assets Interest expense Amortization expense Paying agent fees Tolal nonoperating revenues (expenses) 13,500 1,225,710 291,396 (149,307) (13,120) (700) 1,367,479 2,025,374 Income (loss) before contributed capital and transfers Transfers: Transfers in Transfers out Transfers out - Transfer out Capital Assets Total transfers Change in net assets Net assets-beginning of year / 'Net assets-end of year 115,514 1,446,488 288 170,603 43,106 9,453' 806.162 2,591,614 (1,328,961) 5,016 60,637 (2,538) 63,115 (1,265,846) The accompanying notes to financial statements are an integral part of this financial statement. 21 456,847 2,204,953 806,084 120,674 5,839 24,461 2,943 767,656 4,389,457 917,073 3,192 301,944 (1,008,604 ) (33,375) (1,725) (738,568) 178,505 SI. Lucie County, Florida Statement of Cash Flows Proprietary Funds For the year ended September 30, 2007 Business-type Activities Balling & Recycling Facility South Hutchinson Utilities North County Utilities Cash flows from operatlng.activities Cash received from customers Cash paid tosuppliers. Cash paid to employees Other receipts (payments) Net cash provided by (used for) operating activities Cash flows from non capital financing activitIes Proceeds fromfederal and state awards Transfers in Transfers out Ad"ànces from other funds Net cash provided by (used for) no~capital financing activities Cash flows from capital and related financing activities Proceeds from sale of assets Bond issuan'ce costs paid on refunding bond Issue Bond premium paid and deferred refunding interest Principal paid on capital debt . Interest paid on capital debt Purchases of capital assets Bond paying agent fees and issuance costs . Net cash used for capital and related financing activities $ 15,276,366 $ 1,291,771 $ 4,847,,566 (11,700,937) (1,670,918) (3,46~,361) (2,937,367) . (111 ,968) (233,064) 350,368 324 236,608 988,430 (490,791) 1,382,749 7,011 5,016 3,192 357,000 (213,000) 5,016 3,192 124,215 2,200 (14,546) (24,194) 1,426 27,351 (799,842) (58,275) (799,549) (4,225,713) (48,184) (1,364,855) (700) (1,725) (4,973,435) (2,162,972) 1,174,925 289,256 1,174,925 289,256 (2,659,069) (473,067) (487,775) 23,625,350 1,100,587 5,997,412 $ 20,966,281 $ 627,520 . $ 5,509,637 Cash flows from investing actIvities . Interest on Investments Net cash provided by investing activities Net increase (decrease) in cash and investments Cash and investments at beginning of year Cash and investments at end of year Cash and Investments classified as: Current assets Restricted assets Total cash and Investments at end of year $ 11,914,452 9,051,829 $ 20,966,281 $ 591,677 35,843 $ 627,520 $ 2,205,979 3,303,658 $ 5,509,637 , " The accompanying notes to financial statements are an integral part of this financial statement. 22 51. Lucie County. Florida Statement of Cash Flows Proprietary Funds For the year ended September 30, 2007 Business-type Activities Balling & Recycling Facility South Hutchinson Utilities North County . Utilities Reconciliation of net operating income (loss) to net cash provided by (used for) operating activities Operating income (loss) Adjustments to reconcile operatlng Income (loss) to net cash provided by (used for) operating activities: Depreciation Landfill closure expense Changes in assets and liabilities: Accoûnts receivable Due from other funds Due from other governments Inventories . Accounts payable Claims payable Accrued liabilities Due to other funds Accrued compensated absences Deposits payable Unearned revenue Net cash provided by (used for) operating activities $ 657,895 $ (1,328,961) $ 917,073 1,071,378 798,872 767,656 241,696 222,039 25,467 (251,564) (543) (981,109) 48,793 (265,079) 3,401 2,179 220,042 (189,066) (42,483) (38,328) 20,059 1,367 3,741 (57,320) 3,975 29,208 $ 988,430 $ (490,791 ) $ 1,382,749 . Noncash capital activities: ' Capital assets transferred to Transportation Trust fund Capital assets transferred to General Fund Capital assets transferred from Bailing & Recycling Facility Total noncash activities $ (141,733) $ (11,205) $ $ . (152,938) $ $ í / ',' The accompanying notes to financial statements are an integral pari of this financial statement. 23 st. Lucie County, Florida Notes to Financial statements (Continued) Year Ended September 30,2007 NOTE 6 - RESTRICTED CASH AND INVESTMENTS Various bond covenants, resolutions and state regulations require that the Board restrict cash and investments within the proprietary funds. Restricted cash and investments are as follows: ¡ Bailing & South North Nonmajor Recycling Hutchinson County Enterprise Facility Utilities Utilities Funds Total Landfill closing costs $ 5,850,314 $ $ $ $ 5,850,314 Landfill postclosure 2,915,502 2,915,502 C&D Processing Facility 2,563 2,563 Customer deposits 283,450 8,125 159,438 20,699 471,712 Debt service 1,190,427 1,1.90,427 . . Renewal and replacement 27,718 201,673 . 229,391 Project costs 1,752,120' 1,752,120 . Total $ 9,051,829 $ 35,843 $ 3,303,658 $ 20,699 $ 12,412,029 Liabilities payable from restricted assets of the County's proprietary funds are as follows: Bailing & South North Nonmajor Recycling Hutchinson County Enterprise Facility Utilities Utilities Funds Total Landfill closing costs $ 5,850,314 $ $ $ $ 5,850,314 Landfill postclosure 2,645,661 2,645,661 C&D Processing Facility 2,563 2,563 Customer deposits 283,450 8,125 159,438 20,699 471.7.12 Total $ 8,781,988 $ 8,125 $ 159,438 $ 20,699 $ 8,970,250 / " 24 St. Lucie County, Florida Notes to Financial Statements (Continued) Year Ended September 30, 2007 NOTE 10 - LONG-TERM LIABILITIES - Continued B. Schedule of Outstanding Debt - Continued Amount Amount Interest .', Due within Purpose of Issue Issued Outstanding Rates one year Special Assessment Bonds: Series 2002B River branch estales MSBU 127,000 103,303 5.60%-6.50% 6,997 Series 2007 Indian River Estates MSBU 16.000,000 5,300,000 Variable until 02/09 Total SpecIal Assessment Bonds 5,403,303 6.997 Capital Leases: Bell South Equipment Lease Bell South Equipment 565,121 131,443 2.47% 121,148 Total Capital Leases 131,443 121,148 Total Outstanding Debt- Governmental Activities $ 162,478,476 19,973,285 Accrued Compensated Absences $ 11,971,346 5,172,480 Amount Amount I nteres t Purpose of Issue Issued Outstanding Rates Business-type Activities: Revenue Bonds: .-') Holiday Pines Water and Wastewater System Acquiring plant and 5,840,000 4,995.000 3.40%-5.50% 130,000 Revenue Bonds, Series 1999 plant expansion ~ North County Utilities Water and sewer 7,622,500 7,622,500 4.38% Improvement Rev Note, Series 2004 Expansion ....¿. North County Utilities Water and sewer 2,377,500 2,377,500 4.38% Improvement Rev Note, Series 2004 Expansion -7 North Hutchinson Island Water and Sewer Refunding 1992 bonds 5,560,000 4,360,000 3,65-%-5.70% 195,000 Revenue Refunding Bonds, Series 1997 '-7 North Hutchinson Island Water and Sewer Plant expansion 1,710,000 1,525,000 3.00%-5,00% 35,000 Revenue Bonds, Series 2002 Solid Waste System Revenue Refunding Refunding 1993 bonds 5,030,000 1,150,000 2.00%-3.125% 845,000 Bonds, Series 2002 Total Revenue Bonds 22,030,000 1,205,000 Total Outstanding Debt - Business-type Activities $ 22,030,000 Accrued Compensated Absences $ 539,630 342,822 2!:j st. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 3D. 2007 NOTE 10 - LONG-TERM LIABILITIES - Continued C. Debt Service Requirements - Continued . .' .... The following schedule shows debt service requirements to maturity for the County's Proprietary. Funds obligations: ~ . Fiscal Solid Waste Water and Sewer Year Revenue Bonds . Revenue Bonds Principal Interest Principal Interest 845,000 33,825 360,000 974,162 305,000 9,531 10,380,000 956,729 395,000 536,471 415,000 516,724 435,000 495,634 2,575,000 2,102,746 3,315,000 1,343,650 1,895,000 602,531 1,110,000 108,588 2008 ·2009 2010 2011 2012 2013-2017 2018-2022 2023-2027 2028-2032 . 2033-2037 . Total' $ 1,150,000 $ 43,356 $ 20,880,000 $ 7,637,235 D. Bond Covenants Total Principal' 1,205,000 10,685,000 395,000 415,000 435,000 2,575,000 . 3,315,000 1,895,000 1,110,000 Interest 1,007,987 966,260 536,471 516,724 495,634 2,102,746 1,343,650 602,531 108,588 $ 22,030,000 $ 7,680,591 The Solid Waste System Revenue Refunding Bonds, Series 2002, requires the landfill to. deposit monthly into the sinking fund; one-sixth of the interest becoming due on the next Interest date, one-twelfth of the principal becoming due on the next principal maturity date, and one- twelfth of the maturity amount of compounding interest becoming due on the next principal maturity date, plus one-twelfth of the amortization for any term bonds becoming due In the current year. . The County has covenanted on the above bonds to establish and maintain rates that will provide for 115 percent of the debt service requirement and 100 percent of the operating expenses and the reserve account credit facility costs, if any, during the year. 26 ~ , AGENDA REQUEST ITEM NO. C- K-1 DATE: June 10,2008 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBJECT: L~~ r~ JOd~et Fultural Affairs Director Authorize the serving of beer and wine at the 81. Lucie County Marine Center for a 50th wedding anniversary on October 19th, 2008 from 5:00 to 9:00 pm. SUBMITTED BY (DEPT): Cultural Affairs BACKGROUND: Mr. and Mrs. Alvin Boyer have requested the rental of the Marine Center for a reception in honor of their 50th wedding anniversary for Sunday, October 19 from 5:00 to 9:00 pm. The couple has requested permission from the Board of County Commissioners to serve beer and wine during the reception, Since they are arranging for catering at this time, they requested that permission be obtained. County staff will charge the standard rental fee of $280.00 for this length of time and also have the Marine Center gift shop open. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends authorization to serve beer and wine at the S1. Lucie County Marine Center for a 50th wedding anniversary on October 19th, 2008 from 5:00 to 9:00 pm. COMMISSION ACTION: ~APPROVED 0 DENIED o OTHER: Approved 5-0 CONCURRENCE: ~ ~ Douglas M. Anderson County Administrator ::::> Review and ADDrñalS cA. _ -If\ . :W c~u~ty ~ttorney: .. ~./ Management & Budget: ~ Purchasing: _ Onglnatlng Dept: ~ Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 "". . Cultural Affairs Department MEMORANDUM #08-31 FROM: Board of County Commissioners Jody Bonet, Cultural Affairs Director rjl TO: SUBJECT: Permission to serve beer and wine at the St. Lucie County Marine Center for the Boyer's 50th wedding anniversary DATE: June 10, 2008 Mr. and Mrs. Alvin Boyer have requested rental of the St. Lucie County Marine Center on October 19th, 2008 from 5:00 pm to 9:00 pm to celebrate their 50th wedding anniversary. Mr. and Mrs. Alvin Boyer's caterer will supply all of the refreshments. The gift shop will be open and we will charge a rental fee for the facility in the amount of $280.00. The Boyer's have requested confirmation to serve beer and wine so they can reserve the catering company for the event. Staff Recommendation: Staff recommends that the Board of County Commissioners authorize the serving of beer and wine for Mr. and Mrs. Boyer's 50th wedding anniversary to be held at the St. Lucie County Marine Center on October 19th from 5:00 to 9:00 pm. /- , Cultural Affairs Department MEMORANDUM #08-33 FROM: Board of County Commissioners Jody Bonet, Cultural Affairs Director '~ Permission to reduce the days of the week the 51. Lucie County Historical Museum are opened to the public TO: SUBJECT: DATE: June 10, 2008 During the Strategic Planning session that was held on March 12, 2008, the Board of County Commissioners (SOCC) discussed the possibility of reducing the number of days the S1. Lucie County Historical Museum and the Marine Center would be open, due to budget and staff reductions. Typically, the County Administrator approves the operating hours/days of a County facility. Currently, both facilities are opened Tuesday through Saturday from 10:00 am to 4:00 pm and on Sunday from noon to 4:00 pm. Staff recommends that both facilities remain open Tuesday through Saturday from 10:00 am to 4:00 pm and closed on Sunday. Staff has discussed the operational change with the Director of the Smithsonian Marine Station but this will require an amendment to the current Smithsonian agreement. The contract amendment will be brought to the BOCC for approval once it is finalized with the Smithsonian. The new operating schedule for the S1. Lucie County Historical Museum will be effective July 13, 2008. The new schedule for the Marine Center will be effective after the amendment is approved with the Smithsonian Marine Station. Staff Recommendation: Staff recommends that the S1. Lucie County Historical Museum close on Sunday and remain open from 10:00 am to 4:00 pm Tuesday through Saturday. The Historical Museum will begin this new schedule July 13, 2008. - ,. AGENDA REOUEST ITEM NO.---ª- Date: June 10, 2008 Regular [X] Public Hearing [ ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Chuck's Seafood Restaurant, Inc. - Consider Approval of Proposed Reconstruction Plans BACKGROUND: See C.A. No. 08-0946 FUNDS A V AIL.(State type & No. of transaction or NI A): NI A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed reconstruction plans for Chuck's Seafood Restaurant, Inc., and authorize the County Administrator to sign the Notice of Commencement. ~ APPROVED [] DENIED [ ] OTHER: Approved 4-1 Comm. Lewis voting No. Motion to approve the site plan with the understanding or the condition that the pedestrian facility on the north will be totally available to the public an integrated into the park plans in this vicinity. CONCURRENCE: COMMISSION ACTION: ~ Douglas M. Anderson County Administrator -= ~ ;< County Attorney: /lY Coordinatioll/Sil!natures Mgt&t!r P..T\;' X Other: Purchasing: Originating Dept: 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: 08-0946 DATE: June 6, 2008 SUBJECT: Chuck's Seafood Restaurant, Inc. - Consider Approval of Proposed Reconstruction Plans BACKGROUND: During the 2004 hurricanes, the northern portion of Chuck's Seafood Restaurant was destroyed. On July 24, 2007, the Board of County Commissioners approved proposed renovation plans for Chuck's Seafood Restaurant, Inc. Those plans called for the destroyed portion of the building to be rebuilt on the footprint of the former structure. Under the City of Fort Pierce's current building requirements, additional parking spaces would have been required in order to rebuild the structure to its previous size. Although Chuck's proposed either expanding the parking area into South Causeway Park to the west or leasing additional property from the Fire District to the east, neither one of these proposals was deemed acceptable. Accordingly, Chuck's has reduced the size of the planned reconstruction in order to remove the need for additional parking. The City of Fort Pierce has approved the proposed plans, subject to receipt of a Notice of Commencement from the County as the property owner. Staff has reviewed the proposed plans and they appear acceptable with the understanding that the proposed dumpster location will be moved closer to the building if acceptable to the City. The City Building Department has indicated it is prepared to issue the building permit while the dumpster location is being reviewed. A copy of the paving and drainage plan showing the entire Chuck's site with the proposed reconstruction is attached. A complete set of the building plans is available in the County Attorney's Office for review. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed reconstruction plans for Chuck's Seafood Restaurant, Inc; and, authorize the County Administrator to sign the Notice of Commencement. Respectfully submitted, ')~' T-':r Heather Young Assistant County Attorney I Attachment HY/ Copies to: ,.. County Administrator Assistant County Administrator Outlaw Parks and Recreation Director Deputy Clerk 2 MOSQUITO CONTROL DISTRICT www.co.st-Iucie.fl.us üm_~mf.ümìllΡj_lmlimll¡ lîtilìillIlÎm_iiliilml~IÎØIIIÏI"¡ iIIRl1Bîtil¡Î¡'liI.iÎllh.._ll Charles Grande, Chairman District No.4 Doug Coward, Vice Chairman District No.2 Joseph E. Smith District No. 1 Paula A. Lewis District No.3 Chris Craft District No.5 lîIi_ìll~_lm*ì'í¡____~I_ ',,,ujpì¡¡ûlÎIIIlIP¡¡lI¡'tø\ll_liîilmllll_""illilll. I. MINUTES Approve the minutes from the May 27, 200B meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36 B. MOSOUITO CONTROL Budgeting of Surplus Equipment memorandum - Consider staff recommendation to approve to utilize funds from Surplus Equipment Sales, in the amount of $31,697.00, as outlined in the Background Memorandum, and approve Equipment Request No.'s OB-29B-Revised, 08-321, and Capital Project Summary Form No. OS-124 (Attachments 1-4). NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 27,2008 Convened: 11 :01 a.m. Adjourned: 11 :02 a.m. Commissioners Present: Chairman, Charles Grande, Paula A. Lewis, Chris Craft, Joseph Smith, Doug Coward Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Atomey, Mark Satterlee, Growth Management Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held May 13,2008, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com.Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved Warrant List No. 33 and 34. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court AGENDA REQUEST ITEM No. B DATE: JUNE 10,2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT): Mosauito Control James R. David ¡t1 SUBJECT: Budgeting Of Surplus Equipment Sales BACKGROUND: Please see the attached memorandum FUNDS A VAIL.: Funds will be made available in the following accounts as part of the Fund Balance Forward accounting process: 146-6231-534000-600 (Other Contractual Services, $10,833) 146-6231-563000-66002 (Infrastructure, $14,264) 146-6231-564000-600 (Machinery & Equipment, $6,600) PREVIOUS ACTION: Board approval to apply for the IRL License Plate grant funds was granted on July 23, 2007 RECOMMEND A TION: Staff recommends Board approval to utilize funds from Surplus Equipment Sales, in the amount of $31,697.00, as outlined in the Background Memorandum, and approval of Equipment Request No.'s 08-298-Revised, 08-320, and 08-321, and Capital Project Summary Form No. 08-124 (Attachments 1-4). COMMISSION ACTION: CONCURRENCE: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 --===--a ~ =::> ~ Douglas M. Anderson County Administrator _ r Q¡ / Review and Approvals . Y~ty Attorney: ¡/-< t-Management & Budget·J.b~ ~rchasing : ~. V'Qriginating Dept. ~ Other:' O'ttr: Finance: (Check for opy only, jf applicableL Eff. 5/96 1 MEMORANDUM TO: Mosquito Control District Board FROM: James R. David, Mosquito Control DirectoW DATE: May 28, 2008 SUBJECT: Budgeting Of Surplus Equipment Sales BACKGROUND: Board approval is sought to use State Funds for equipment purchases and improvements, and to approve Equipment Request No.'s 08-298-Revised, 08-320 and 08-321, and Capital Project Summary Form No. 08-124. A total of $31,697.00 was received from past equipment sales, which is required by State Statute to be placed in the District State Fund (No. 146). These funds are to be incorporated into the FY'08 Budget following a Fund Balance Forward transaction to be performed by OMB. District staff propose to utilize the funds in the following manner: 1) perform a $9,350.00 infrastructural repair of the Jack Island Bird Tower; 2) construct a $4,914.00 pump panel box for Impoundment 24; 3) provide $10,833.00 towards the purchase and planting of native plants at John Brooks Park (thereby replacing grant funds which are proposed to be redirected at funding the increased cost of one impoundment pump as reflected in Eq. Req. 08- 298-Revised); 4) purchase a $2,500.00 surplus trailer for transporting our Disk Circulators; 5) purchase a $4,100.00 riding mower to be used for maintenance at John Brooks, Queens Island, Wildcat Cove, and Blind Creek Parks. RECOMMEND A nON: Staff recommends Board approval to utilize funds from Surplus Equipment Sales, in the amount of $31,697.00, as outlined in the Background, and approval of Equipment Request No.'s 08-298-Revised, 08-320 and 08-321, and Capital Project Summary Form No. 08-124 (Attachments 1-4). 2 Attachment 1 . . ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: MOSQUITO CONTROL RECOMMENDED: YES NO X REVISED JUSTIFICATION: The pump purchase request reflects available funding from the Indian River Lagoon License Plate Grant Program for improved water quality and hydrological circulation in Impoundment 24, The Request Form has been revised to reflect the increase in cost of the pump materials to be paid for by the grant. QUIPMENT REQ#: EQ08-298 REVISED ACCOUNT#: 145831-6230-564000-600 DEPARTMENT: Attachment 2 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 MOSQUITO CONTROL RECOMMENDED: YES NO The Surplus Trailer purchase request reflects available funding from Surplus Equipment Sales that are to be budgeted in the District's State Fund, as part of the "Fund Balance Forward" budget accounting process, The trailer is proposed to transport the District's Disk Circulators, which are designed to improve water quality and provide hydrological circulation in Impoundments. EQUIPMENT REQ#: EQ08-320 ACCOUNT#: 146-6231-564000-600 ., t . REVISED 1 . AHf!c::hm~~t ~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: MOSQUITO CONTROL RECOMMENDED: YES NO REVISED JUSTIFICATION: The Riding Mower purchase request reflects available funding from Surplus Equipment Sales that are to be budgeted in the District's State Fund, as part of the "Fund Balance Forward" budget accounting process. The mower is to be used to maintain the following Parks; John Brooks, Blind Creek, Queens Island, and Wildcat Cove. EQUIPMENT REQ#: EQ08-321 ACCOUNT#: 146-6231-564000-600 Attachment 4 ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY t . Mosquito District Impoundment Improvements TYPE OF PROJECT: PROJECT DESCRIPTION! JUSTIFICATION: Repair the Jack island Bird Tower and install Pump Station Panel Box at Impoundment 24 Number of New Positions Needed Estimated Operating Impactl 08-124 EROSION CONTROL DISTRICT www.co.st-Iucie.fl.us -¡Î~--.~B¡ì__¡Í1B_~ìÏ~~~lì ¡j¡¡_iWMWjj¡¡¡¡líîllîll Chris Craft, Chairman District No.5 Charles Grande, Vice Chairman District No.4 Doug Coward District No.2 Joseph E. Smith District No.1 Paula A. Lewis District No.3 ¡{ìÎiîlII'lWîlI¡îlIiΡlÎlIi_¡__ilÎ_f_i!lîlIlÎlIîlIîlIIîlI'ìîlI~m1t'~~"_~I""f¡¡îlIìlÎlllÎljj_'îlIîlIîlIÎíllif". I. MINUTES Approve the minutes from the May 27, 200S meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 and 36 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 27, 2008 Convened: 11 :02 a.m. Adjourned: 11 :03 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Joseph Smith, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes of the meetings held on May 6 and May 13, 2008, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANTS The Board approved Warrant List No. 33 and 34. 2. PUBLIC WORKS The Board approved advertising for bids from qualified marine constractors to provide General Marine and Artificial Reef Contracting Services related to artififical reef deployment pursuant to the St. Lucie County Purchasing Manual and the Florida State Statutes. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court