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Home My WebLink AboutAgenda Packet 07-08-2008 ilmlìiimïilhtìllííiìÎiI_IBI___íl__ÎtI_îIililWllììlllll_ltliir"ÎßlíílD'-lìímiililo'ltm July 8, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 orior 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. July 8, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us ~__illDìÎimm_lí_._m"_R_".IiI~îil:iIII".IMIlIÎl 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 ----.', ",ú~~~"llm_I__.iil I. INVOCATION II. PLEDGE OF ALLEGIANCE MINUTES III. (' tLJJ Approve the minutes from the July 1, 2008 meeting. ./c)v,s IV. Paul Hiott, Veterans Services Director to present the United Way of St. Lucie County Circle of Honor Award V/ Roger Shinn, Central Services Director to present the Environmental Stewardship Award :I Ken Gioeli, Extension Agent III to present awards won by the St. Lucie County Natural Resources Extension Program . Presentation on the District/US Sugar Land Acquisition by Tommy Strowd, Assistant Deputy Director South Florida Water Management District V. V-GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 40 B. COUNTY ATTORNEY 1. Resolution No. 08-207 - Amending the In-House Revolving Loan Program Policy - Consider staff recommendation to adopt Resolution No. 08-207 and authorize the Chairman to sign. 2. Ordinance No. 08-024 - Allowing Sexual Offenders and Sexual Predators to live not closer than 2500 feet from specified locations in unincorporated St. Lucie County - Permission to Advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 08-024 for a publiC hearing before the Board of County Commissioners on August 19, 2008. 3. Donation of Right-of-Way - Yorkridge Properties, Inc. - 10 feet on Glades Cut-Qff-Road - Resolution No. 08-212 - Consider staff recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 08-212 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 4. Revocable License Agreement - James & Becky Herrick - 247 N.E. Mainsail Street - River Park - Unit 9 - Part 'C' - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Herrick to record the document in the Public Records of St. Lucie County, Florida. S. Approval of Budget Resolution No. 08-239 to the budget from the State (Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant) - Consider staff recommendation to approve Budget Resolution No. 08-239 to budget the funds from the State (Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant). C. PARKS AND RECREATION 1. Approval of Equipment Request No. 08-326 and Budget Amendment No. 08-029 to Purchase a Portable Stage for the Havert L. Fenn Center - Consider staff recommendation to approve Equipment Request 08-326 and Budget Amendment 08-029 for the purchase of a portable stage for the Havert L. Fenn Center in the amount of $28,780.00. 2. Approval of Equipment Request #08-327 to Purchase a Scorer's Table for The Havert L. Fenn Center Gymnasium - Consider staff recommendation to approve Equipment Request #08-327, for the purchase of a scorer's table for the Havert L. Fenn Center Gymnasium in the amount of $2,495. D. COMMUNITY SERVICES 1. Approve purchase of an LCD projector and laptop computer for the Community Services Department, using grant funds - Consider staff recommendation to approve Equipment Request #EQ08-333 and Budget Amendment BA#08-032 for an LCD projector and Computer. 2. Acceptance of Modification #1 and approval of Budget Resolution #08-220 to encumber and expend additional allocated funds in the amount of $2,960.00 as per contract C07-08-517 (Community Services Block Grant) with the Florida Department of Community Affairs - Consider staff recommendation to accept Modification #1 and approval of Budget Resolution #08-220 and authorize the Chair or designated representative to sign all necessary documents. 3. Approve the submission of the FY2008j2009 application to the State of Fiorida Department of Community Affairs for the Community Services Block Grant Allocation and Resolution No. 08-217 - Consider staff recommendation to approve the submission of the proposed application and agreement with the Florida Department of Community Affairs for the FY2008j2009 Community Services Block Grant and Resolution No. 08-217. E. GRANTS 1. Authorize a letter to Congressman Mahoney to request his support of a study to examine the feasibility of capturing and reclaiming water from the C-25 Canal. The estimated cost of the study is $300,000. C-25 Canal waters discharged to the Indian River Lagoon negatively impact the fragile ecology of the Lagoon and near offshore reefs. The discharged waters are also lost to tide and thus constitute a waste of a precious resource needed by residents of our community. 2. Authorize the submittal of a grant application to the State of Florida Division of Emergency Management for funds not to exceed $20,000, from the State Emergency Response Team - Community Emergency Response Team (CERT) Program Subgrant - Consider staff recommendation to authorize the submittal of the State Emergency Response Team - CERT Program Subgrant Application for the continuation of the CERT Program. F. PUBLIC WORKS Engineering Division - Watersong South Subdivision - Release of surety - Consider staff recommendation to approve the release of surety for Watersong South PUD Subdivision, and authorize the Chairman to sign. G. HUMAN RESOURCES Addition of Medical Examiner's Office to BOCC Group Health Plan and to provide Worker's Compensation Insurance Coverage - Consider staff recommendation to approve the addition of the Medical Examiner's Office to the BOCC Group Health Plan and to provide Worker's Compensation Coverage. H. PURCHASING 1. Resolution No. 08-192 - A resolution amending the St. Lucie County Manual of Purchasing Regulations by amending; Section 8.2, Contract Requirements, for Professional Services contract requirements adding liquidated/delay damages based upon approval of the County Attorney and a determination of the Purchasing Director; Amending section 7.10, Requests for Qualifications, adding a selection committee composition requirement and clarifying the County selection committee policy; Amending section 5.7, Purchase Of Goods, Equipment, And Contractual Services From Other Governmental Bids, (Piggybacking), Clarifying what constitutes a valid piggyback, and listing those types of contracts that would not constitute a valid piggyback - Consider staff recommendation to approve to adopt proposed Resolution No. 08-192 as drafted. 2. Fixed Asset Inventory-Property Record Removal for the St. Lucie County Property Appraiser - Consider staff recommendation to remove the attached records from the fixed asset inventory of the Board of County Commissioners. 3. Board approval to award Invitation to Bid (ITB) #08-039, Rental of Construction and Industrial Equipment according to the attached tabulation of the lowest responsive, responsible bidders in order of primary, and then first, second and third alternate bidders - Consider staff recommendation to approve to award Invitation to Bid (ITB) #08-039 Rental of Construction and Industrial Equipment according to the attached tabulation of the lowest responsive, responSible bidders in order of primary, and then first, second and third alternate bidders, and authorize the Chairman to sign the contract as prepared by the County Attorney. 4. Board approval to advertise an Invitation to Bid for airfield electrical vault improvements at the St. Lucie County International Airport - Consider staff recommendation to approve to advertise an Invitation to Bid for airfield electrical vault improvements at the St. Lucie County International Airport. 5. Board approval to advertise an Invitation to Bid (ITB) for the purchase of concrete and metal culvert pipe and metal bands/gaskets that will be needed for the Paradise Park Drainage Improvement Project-Phase 2 - Consider staff recommendation to approve to advertise an Invitation to Bid (ITB) for the purchase of concrete and metal culvert pipe and metal bands/gaskets that will be needed for the Paradise Park Drainage Improvement Project-Phase 2. 6. Board approval to advertise an Invitation to Bid (ITB) for the purchase of sod, installed and uninstalled - Consider staff recommendation to approve to advertise an Invitation to Bid (ITB) for the purchase of sod, installed and uninstalled. 7. Board approval to advertise an Invitation to Bid (ITB) for the demolition of buildings located at 1910 N 13th Street, Ft. Pierce, FL - Consider staff recommendation to approve to advertise an Invitation to Bid (ITB) for the demolition of buildings located at 1910 N 13th Street, Fort Pierce, FL. I. ENVIRONMENTAL RESOURCES 1. Donation in the amount of $1,800 from Bryn Mawr Ocean Towers Condominium Association to reimburse the County for expenses related to sea grape trimming and exotic removal on County property (Parcel ID #1414-220-0003-000-1) - Consider staff recommendation to approve Budget Resolution 08-214 accepting the $1,800 donation from Bryn Mawr Ocean Towers Condominium Association for sea grape trimming and exotic removal on County property by East Coast Tree Company. 2. Request authorization for the Chairman to execute the Environmental Resources Permit application to the South Florida Water Management District (SFWMD) for the Ten Mile Creek Preserve parcel - Staff recommends the Chairman execute the Environmental Resources Permit application to the South Florida Water Management District (SFWMD) for the Ten Mile Creek Preserve parcel. J. INVESTMENT FOR THE FUTURE Approve bid waiver and sole source declaration to R.K. Davis Construction for the Service Station roof replacement. Reallocate IFF Funds in the amount of $26,000 to accomplish specific projects at various locations: Service Station, S.c. Annex and the Sheriff Hangar. Use remaining funds in the amount of $2,450 from the Port St. Lucie Library roof project to paint the interior of the Port St. Lucie Library - Consider staff recommendation to approve the following: · Sole source and bid waiver to R.K. Davis construction Corporation for the Service Station roof replacement project. · Reallocate IFF Funds in the amount of $26,000 to accomplish specific projects at various locations: Service Station-roof replacement ($6,000), S.c. Annex-electrical work ($10,000), and Sheriff Hangar-manual override system ($10,000). · Utilize available IFF Funds in the amount of $2,450 that remain from the Port St. Lucie Library roof project. These funds will be used for painting the interior of the Port St. Lucie Library. Staff further recommends the Board authorize the Chair to sign the contract as prepared by the County Attorney. K. CENTRAL SERVICES 1. Purchase and installation of an exterior camera system at the State Attorney's offices to provide increased safety for the employees and the public. Board approval to piggyback off the St. Lucie County School District contract #07-285, Jiffy Photo, and approval of Equipment Request #EQ08- 328 and Budget Amendment # BA08-030 - Consider staff recommendation to approve the purchase and installation of an exterior camera system at the State Attorney's offices through a piggyback of the St. Lucie County School District contract #07-285 with Jiffy Photo. Costs associated with this are $38,125 and staff is seeking approval of Equipment Request #EQ08-328 and Budget Amendment # BA08-030. 2. Dooleymack Constructors of South FL, LLC - Change Order No.7 to C07-04-195 Project: Havert L. Fenn Center-Special Needs Shelter/Auditorium - Consider staff recommendation to approve Change Order No.7 to C07-04-195, Dooleymack Constructors, Special Needs Shelter/Auditorium to Increase the contract sum by $76,591.74; the new contract sum will be $13,421,391.06. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. L. SOLID WASTE Staff requests Board approval of a new fluorescent light bulb recycling program for commerciai customers and Equipment Request #08-332 for the purchase of a Bulb Eater for a total cost of $4,064. If approved, this program will become effective September 1, 2008 - Consider staff recommendation to approve a new fluorescent light bulb recycling program for commercial customers and Equipment Request #08-332 for the purchase of a Bulb Eater for a total cost of $4,064. M. AIRPORT Adopt Resolution 08-219 approving the 2009 Disadvantaged Business Enterprise Plan for the Airport, authorize the Airport Director to submit the Program to the Federal Aviation Administration (FAA) Civil Rights Office, and advertise for public comments on the 1.29% goal determination - Consider staff recommendation to adopt Resolution 08-219 approving the 2009 DBE Program for the Airport; transmit the 2009 DBE Program to the FAA Civil Rights Office for review and approval; and advertise the 1.29% goal in newspapers to receive comments on the goal determination as required by the FAA Civil Rights Office. END OF CONSENT AGENDA VII. COUNTY ATTORNEY Ordinance No. 08-006 - Credits for Right-of-Way Dedication - Consider staff recommendation to adopt Ordinance No. 08-006 and authorize the Chairman to sign the Ordinance. ¡ GROWTH MANAGEMENT Petition of Angle Road Investment Company, LLC for a Proportionate Fair Share Agreement for transportation facilities to serve the project to be known as Millers Plantation - PUD Draft Resolution No. 08-143. (File No.: PUD RZ 72007-1279.) - Consider staff recommendation to adopt Resolution No. 08- 143, which grants approval to the Proportionate Fair Share Agreement, which is in compliance with Conditions of Approval 8 and 9 of R-08-090 regarding the cost of intersection improvements on Kings Highway to serve the project to be known as Millers Plantation. END OF PUBLIC HEARINGS GRANTS LAR AGENDA Authorize the creation of a local Citizen Corps Council. Also, authorize the submittal of a grant application to the Florida Division of Emergency Management for funds not to exceed $20,000. The grant funding, if awarded, will be used to promote volunteer recruitment to agencies to be coordinated by the Citizen Corps Council - Consider staff recommendation to authorize the creation of a local Citizen Corps Council. Staff also recommends the Board approve the submittal of a grant application to the Florida Division of Emergency Management for funds not to exceed $20,000 to be used to promote volunteer recruitment to agencies to be coordinated by the Citizen Corps Council. J. COUNTY ATTORNEY Regional Conflict Counsel - Based on the recommendation of FACA and the action taken by FAC, staff recommends that the Board participate as a plaintiff in the lawsuit against the State of Florida concerning whether the obligations imposed on counties by the Florida Legislature concerning the office of regional counsel are constitutional. ~ SOLID WASTE Staff request Board approval of Resolution No. 08-231 - Consider staff recommendation to approve Resolution No. 08-213 - Solid Waste Rate Resolution, to increase the rate for class I garbage from #32 per ton to $41 per ton, the construction and demolition debris rate from $19 per ton to $29 per ton and the rate for yard waste from $20 per ton to $26 per ton, effective October 1, 2009, as prepared and approved by the County Attorney. This Resolution will also establish a rate for spent fluorescent light bulbs of .20 cents per bulb for St. Lucie County businesses and .40 cents per bulb for non-county businesses. ANNOUNCEMENTS 1. 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. 2. The Ribbon Cutting for the Lawnwood Skateboard Park will be on Thursday, July 17, 2008 at 10:00 a.m. 3. The Lawnwood Skate Park Grand Opening Celebration is scheduled for Saturday, July 19, 2008 from noon to dusk, featuring live music, skateboarding demos, giveaways and more. 4. SLCTV will host the League of Women Voters' Primary Candidate Forums on Monday, July 21, 2008 and Monday, Aug. 4, 2008 in the St. Lucie County Commission Chambers, 2300 Virginia Ave. Fort Pierce. The public is invited to be a part of the live studio audience beginning at 9 a.m. on both dates. The Candidate Forums will replay on SLCTV, FPTV and PSL TV until the Primary Election. Please check you local listings for details. The July 21, 2008 Forum will feature candidates for St. Lucie County Commission, while the Aug. 4 Forum will feature candidates for Port St. Lucie City Council, Sheriff, School Board, Judges and the Florida House of Representatives. 5. The July 22, 2008 Regular Board of County Commissioners Meeting and the July 22, 2008 Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 6. The Board of County Commissioners will hold a Workshop on Thursday, July 31, 2008 at 3:00 p.m. in the County Commission Chambers to discuss an Employee Health Clinic. 7. The August 26, 2008 Regular Board of County Commissioners Meeting and the August 26, 2008 Informal Meeting have been canceled. 8. County offices will be closed on Monday, September 1, 2008 to observe Labor Day. 9. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 4, 2008 at 6:00 p.m. 10. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 18, 2008 at 6:00 p.m. 11. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 23, 2008 at 1:30 p.m. in Conference Room #3. 12. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, October 28, 2008 at 1:30 p.m. in Conference Room #3. 13. The November 4, 2008 Regular Board of County Commissioners Meeting has been canceled due to the General Election. 14. County offices will be closed on Tuesday, November 11, 2008 to observe Veteran's Day. 15. 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. 16. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 25, 2008 at 1:30 p.m. in Conference Room #3. 17. County offices will be closed on Thursday, November 27, 2008 and Friday, November 28, 2008 to observe Thanksgiving. 18. The December 23, 2008 Regular Board of County Commissioners Meeting has been canceled. 19. County offices will be closed on Thursday, December 25, 2008 and Friday, December 26, 2008 to observe Christmas. 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 disabiiity requiring accommodation to attend this meeting shouid contact the St. Lucie County Community Services Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-Iucie.fl.us _._MßI____..~lDfì_l._..I.~1 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 ~m.~_IWt____ji(ÍI_lrjtlrlilllrtjiilmMIÎl_ I. MINUTES Approve the minutes from the June 10, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 37, 38, 39 and 40 B. PURCHASING Permission to terminate contract #C07-10-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District - Consider staff recommendation to approve to terminate contract #C07-10-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District, and authorize for the Chairman to sign the contract as prepared by the County Attorney. 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 SelVices Director at (772) 462-1777 or TDD (772) 462-1428 at ieast forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.f1.u5 mIIBmBulm.BIÎ.lDìDr¡illìì_llúDrilBìiÎDÌÎîlIMìlllìì"'ûlllllìmllìlì¡_1llll,IüVìDrûìillBmmlimlDllìllimÎll 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 mIMÎíîMlII_lm"ill__Îm..ûÎ¡milBmllmiilln_'lilìmR~lDimllìi_lliløÎÍílllullllm¡11i I. MINUTES Approve the minutes from the June 10, 2008 meeting. Approve the minutes from the June 17, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 37, 38, 39 and 40 NOTICE: All Proceedings before this Board are electronically recorded. Any person who deCides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying dUring a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ ... Iíliillllillmüíli.~IIìl~ullÏØjìÎli~ìll.I_IIÎlläÎ.W.~~ø·· lÌ'¡¡ÌÎîÌ';ilÌìIÎIIlüilJillllllrDlill July 8, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBUC 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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. July 8, 2008 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us 1IÎ~IØlf_îl1Îl'líllll¡tii_Ø¡WÎlmHìlmli_'-··· . . 'ÎI_¡iill~liiî¡iilllÎlliiÎìlli¡WØ 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 lìillØll¡¡imr¡ìillØi'IÎ¡IIIIì¡lliillml~lilililiÎiIIlÎiiBÎlîlillli'l_i~__lflliìillØliiÎlllDmm¡:lid'¡¡BlDmiüÎlIIÎ I. INVOCATION II. PLEDGE OF ALLEGIANCE ~ Paul Hiott, Veterans Services Director to present the United Way of St. Lucie County Circle of Honor Award ~ ~ ~ Roger Shinn, Central Services Director to present the Environmental Stewardship Award Ken Gioeli, Extension Agent III to present awards won by the St. Lucie County Natural Resources Extension Program Presentation on the District/US Sugar Land Acquisition by Tommy Strowd, Assistant Deputy Director South Florida Water Management District V. GENERAL PUBLIC COMMENT WARRANTS ;1 ~~ ~~ net\\5 H-l DullJ P(ìH t-ð ~~~ VIJ ~(to A. CONSENT AGENDA Approve warrant list No. 40 B. COUNTY ATTORNEY 1. Resolution No. 08-207 - Amending the In-House Revolving Loan Program Policy - Consider staff recommendation to adopt Resolution No. 08-207 and authorize the Chairman to sign. 2. Ordinance No. 08-024 - Allowing Sexual Offenders and Sexual Predators to live not closer than 2500 feet from speCified locations in unincorporated St. Lucie County - Permission to Advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 08-024 for a publiC hearing before the Board of County Commissioners on August 19, 2008. 3. Donation of Right-of-Way - Yorkridge Properties, Inc. - 10 feet on Glades Cut-Off-Road - Resolution No. 08-212 - Consider staff recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 08-212 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 4. Revocable License Agreement - James & Becky Herrick - 247 N.E. Mainsail Street - River Park- Unit 9 - Part 'C' - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Herrick to record the document in the Public Records of St. Lucie County, Florida. S. Approval of Budget Resolution No. 08-239 to the budget from the State (Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant) - Consider staff recommendation to approve Budget Resolution No. 08-239 to budget the funds from the State (Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant). C. PARKS AND RECREATION 1. Approval of Equipment Request No. 08-326 and Budget Amendment No. 08-029 to Purchase a Portable Stage for the Havert L. Fenn Center - Consider staff recommendation to approve Equipment Request 08-326 and Budget Amendment 08-029 for the purchase of a portable stage for the Havert L. Fenn Center in the amount of $28,780.00. 2. Approval of Equipment Request #08-327 to Purchase a Scorer's Table for The Havert L. Fenn Center Gymnasium - Consider staff recommendation to approve Equipment Request #08-327, for the purchase of a scorer's table for the Havert L. Fenn Center Gymnasium in the amount of $2,495. D. COMMUNITY SERVICES 1. Approve purchase of an LCD projector and laptop computer for the Community Services Department, using grant funds - Consider staff recommendation to approve Equipment Request #EQ08-333 and Budget Amendment BA#08-032 for an LCD projector and Computer. 2. Acceptance of Modification #1 and approval of Budget Resolution #08-220 to encumber and expend additional allocated funds in the amount of $2,960.00 as per contract C07-08-517 (Community Services Block Grant) with the Florida Department of Community Affairs - Consider staff recommendation to accept Modification #1 and approval of Budget Resolution #08-220 and authorize the Chair or designated representative to sign all necessary documents. 3. Approve the submission of the FY2008/2009 application to the State of Florida Department of Community Affairs for the Community Services Block Grant Allocation and Resolution No. 08-217 - Consider staff recommendation to approve the submission of the proposed application and agreement with the Florida Department of Community Affairs for the FY2008/2009 Community Services Block Grant and Resolution No. 08-217. E. GRANTS 1. Authorize a letter to Congressman Mahoney to request his support of a study to examine the feasibility of capturing and reclaiming water from the C-25 Canal. The estimated cost of the study is $300,000. C-25 Canal waters discharged to the Indian River Lagoon negatively impact the fragile ecology of the Lagoon and near offshore reefs. The discharged waters are also lost to tide and thus constitute a waste of a precious resource needed by residents of our community. 2. Authorize the submittal of a grant application to the State of Florida Division of Emergency Management for funds not to exceed $20,000, from the State Emergency Response Team - Community Emergency Response Team (CERT) Program Subgrant - Consider staff recommendation to authorize the submittal of the State Emergency Response Team - CERT Program Subgrant Application for the continuation of the CERT Program. F. PUBLIC WORKS Engineering Division - Watersong South Subdivision - Release of surety - Consider staff recommendation to approve the release of surety for Watersong South PUD Subdivision, and authorize the Chairman to sign. G. HUMAN RESOURCES Addition of Medical Examiner's Office to BOCC Group Health Plan and to provide Worker's Compensation Insurance Coverage - Consider staff recommendation to approve the addition of the Medical Examiner's Office to the BOCC Group Health Plan and to provide Worker's Compensation Coverage. H. PURCHASING 1. PULLED PRIOR TO MEETING - Resolution No. 08-192 - A resolution amending the St. Lucie County Manual of Purchasing Regulations by amending; Section 8.2, Contract Requirements, for Professional Services contract requirements adding liquidated/delay damages based upon approval of the County Attorney and a determination of the Purchasing Director; Amending section 7.10, Requests for Qualifications, adding a selection committee composition requirement and clarifying the County selection committee policy; Amending section 5.7, Purchase Of Goods, Equipment, And Contractual Services From Other Governmental Bids, (Piggybacking), Clarifying what constitutes a valid piggyback, and listing those types of contracts that would not constitute a valid piggyback - Consider staff recommendation to approve to adopt proposed Resolution No. 08-192 as drafted. 2. Fixed Asset Inventory-Property Record Removal for the St. Lucie County Property Appraiser - Consider staff recommendation to remove the attached records from the fixed asset inventory of the Board of County Commissioners. 3. Board approval to award Invitation to Bid (ITB) #08-039, Rental of Construction and Industrial Equipment according to the attached tabulation of the lowest responsive, responsible bidders in order of primary, and then first, second and third alternate bidders - Consider staff recommendation to approve to award Invitation to Bid (ITB) #08-039 Rental of Construction and Industrial Equipment according to the attached tabulation of the lowest responsive, responsible bidders in order of primary, and then first, second and third alternate bidders, and authorize the Chairman to sign the contract as prepared by the County Attorney. 4. Board approval to advertise an Invitation to Bid for airfield electrical vault improvements at the St. Lucie County International Airport - Consider staff recommendation to approve to advertise an Invitation to Bid for airfield electrical vault improvements at the St. Lucie County International Airport. 5. Board approval to advertise an Invitation to Bid (ITB) for the purchase of concrete and metal culvert pipe and metal bands/gaskets that will be needed for the Paradise Park Drainage Improvement Project-Phase 2 - Consider staff recommendation to approve to advertise an Invitation to Bid (ITB) for the purchase of concrete and metal culvert pipe and metal bands/gaskets that will be needed for the Paradise Park Drainage Improvement Project-Phase 2. 6. Board approval to advertise an Invitation to Bid (ITB) for the purchase of sod, installed and uninstalled - Consider staff recommendation to approve to advertise an Invitation to Bid (ITB) for the purchase of sod, installed and uninstalled. 7. Board approval to advertise an Invitation to Bid (ITB) for the demolition of buildings located at 1910 N 13th Street, Ft. Pierce, FL - Consider staff recommendation to approve to advertise an Invitation to Bid (ITB) for the demolition of buildings located at 1910 N 13th Street, Fort Pierce, FL. I. ENVIRONMENTAL RESOURCES 1. Donation in the amount of $1,800 from Bryn Mawr Ocean Towers Condominium Association to reimburse the County for expenses related to sea grape trimming and exotic removal on County property (Parcel ID #1414-220-0003-000-1) - Consider staff recommendation to approve Budget Resolution 08-214 accepting the $1,800 donation from Bryn Mawr Ocean Towers Condominium Association for sea grape trimming and exotic removal on County property by East Coast Tree Company. 2. Request authorization for the Chairman to execute the Environmental Resources Permit application to the South Florida Water Management District (SFWMD) for the Ten Mile Creek Preserve parcel - Staff recommends the Chairman execute the Environmental Resources Permit application to the South Florida Water Management District (SFWMD) for the Ten Mile Creek Preserve parcel. J. INVESTMENT FOR THE FUTURE Approve bid waiver and sole source declaration to R.K. Davis Construction for the Service Station roof replacement. Reallocate IFF Funds in the amount of $26,000 to accomplish specific projects at various locations: Service Station, S.c. Annex and the Sheriff Hangar. Use remaining funds in the amount of $2,450 from the Port St. Lucie Library roof project to paint the interior of the Port St. Lucie Library - Consider staff recommendation to approve the following: · Sole source and bid waiver to R.K. Davis construction Corporation for the Service Station roof replacement project. · Reallocate IFF Funds in the amount of $26,000 to accomplish specific projects at various locations: Service Station-roof replacement ($6,000), S.c. Annex-electrical work ($10,000), and Sheriff Hangar-manual override system ($10,000). · Utilize available IFF Funds in the amount of $2,450 that remain from the Port St. Lucie Library roof project. These funds will be used for painting the interior of the Port St. Lucie Library. Staff further recommends the Board authorize the Chair to sign the contract as prepared by the County Attorney. K. CENTRAL SERVICES 1. Purchase and installation of an exterior camera system at the State Attorney's offices to provide increased safety for the employees and the public. Board approval to piggyback off the St. Lucie County School District contract #07-285, Jiffy Photo, and approval of Equipment Request #EQ08- 328 and Budget Amendment # BA08-030 - Consider staff recommendation to approve the purchase and installation of an exterior camera system at the State Attorney's offices through a piggyback of the St. Lucie County School District contract #07-285 with Jiffy Photo. Costs associated with this are $38,125 and staff is seeking approval of Equipment Request #EQ08-328 and Budget Amendment # BA08-030. 2. Dooleymack Constructors of South FL, LLC - Change Order No.7 to C07-04-195 Project: Havert L. Fenn Center-Special Needs Shelter/Auditorium - Consider staff recommendation to approve Change Order No.7 to C07-04-195, Dooleymack Constructors, Special Needs Shelter/Auditorium to increase the contract sum by $76,S91.74; the new contract sum will be $13,421,391.06. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. L. SOLID WASTE Staff requests Board approval of a new fluorescent light bulb recycling program for commercial customers and Equipment Request #08-332 for the purchase of a Bulb Eater for a total cost of $4,064. If approved, this program will become effective September 1, 2008 - Consider staff recommendation to approve a new fluorescent light bulb recycling program for commercial customers and Equipment Request #08-332 for the purchase of a Bulb Eater for a total cost of $4,064. M. AIRPORT Adopt Resolution 08-219 approving the 2009 Disadvantaged Business Enterprise Plan for the Airport, authorize the Airport Director to submit the Program to the Federal Aviation Administration (FAA) Civil Rights Office, and advertise for public comments on the 1.29% goal determination - Consider staff recommendation to adopt Resolution 08-219 approving the 2009 DBE Program for the Airport; transmit the 2009 DBE Program to the FAA Civil Rights Office for review and approval; and advertise the 1.29% goal in newspapers to receive comments on the goal determination as required by the FAA Civil Rights Office. END OF CONSENT AGENDA VII. PUBLIC HEARINGS Irfj# ApP1~ !] COUNTY ATTORNEY Ordinance No. 08-006 - Credits for Right-of-Way Dedication - Consider staff recommendation to adopt Ordinance No. 08-006 and authorize the Chairman to sign the Ordinance. GROWTH MANAGEMENT Petition of Angle Road Investment Company, LLC for a Proportionate Fair Share Agreement for transportation facilities to serve the project to be known as Millers Plantation - PUD Draft Resolution No. 08-143. (File No.: PUD RZ 72007-1279.) - Consider staff recommendation to adopt Resolution No. 08- 143, which grants approval to the Proportionate Fair Share Agreement, which is in compliance with Conditions of Approval 8 and 9 of R-08-090 regarding the cost of intersection improvements on Kings Highway to serve the project to be known as Millers Plantation. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. rØ1 ~5)) IXifj iW¡~ X. Af~~ 6° GRANTS Authorize the creation of a local Citizen Corps Council. Also, authorize the submittal of a grant application to the Florida Division of Emergency Management for funds not to exceed $20,000. The grant funding, if awarded, will be used to promote volunteer recruitment to agencies to be coordinated by the Citizen Corps Council - Consider staff recommendation to authorize the creation of a local Citizen Corps Council. Staff also recommends the Board approve the submittal of a grant application to the Florida Division of Emergency Management for funds not to exceed $20,000 to be used to promote volunteer recruitment to agencies to be coordinated by the Citizen Corps Council. CôAfod"'{eh @-o~-:<Ies COUNTY ATTORNEY J1.ú.! I ~~ 6v..t1.. "'yeS I e.-~ Regional Conflict couns~Ba ed on the recommendation of FACA and the action taken by FAC, staff recommends that the Board participate as a plaintiff in the lawsuit against the State of Florida concerning whether the obligations imposed on counties by the Florida Legislature concerning the office of regional counsel are constitutional. SOLID WASTE P II ~ b1 h J-~. ~ f Staff request Boa~ ~ro~rJ~glutiO:) N;;:8-~1 Q~ts~ff ~c~ft~da~~~~r~ve Resolution No. 08-213 - Solid Waste Rate Resolution, to increase the rate for class I garbage from #32 per ton to $41 per ton, the construction and demolition debris rate from $19 per ton to $29 per ton and the rate for yard waste from $20 per ton to $26 per ton, effective October 1, 2009, as prepared and approved by the County Attorney. This Resolution will also establish a rate for spent fluorescent light bulbs of .20 cents per bulb for St. Lucie County businesses and .40 cents per bulb f~r non-county businesses. {ák ì lIU'~SØi:> C&" &Ç.S I aorkje.. ~~~ \-0 Arp~\fE, (e~(,t./hvVI O'i -.,;23 5ep? fo/ V ANNOUNCEMENTS 1. 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. 2. The Ribbon Cutting for the Lawnwood Skateboard Park will be on Thursday, July 17, 2008 at 10:00 a.m. 3. The Lawnwood Skate Park Grand Opening Celebration is scheduled for Saturday, July 19, 2008 from noon to dusk, featuring live music, skateboarding demos, giveaways and more. 4. SLCTV will host the League of Women Voters' Primary Candidate Forums on Monday, July 21, 2008 and Monday, Aug. 4, 2008 in the St. Lucie County Commission Chambers, 2300 Virginia Ave. Fort Pierce. The public is invited to be a part of the live studio audience beginning at 9 a.m. on both dates. The Candidate Forums will replay on SLCTV, FPTV and PSLTV until the Primary Election. Please check you local listings for details. The July 21, 2008 Forum will feature candidates for St. Lucie County Commission, while the Aug. 4 Forum will feature candidates for Port St. Lucie City Council, Sheriff, School Board, Judges and the Florida House of Representatives. 5. The July 22, 2008 Regular Board of County Commissioners Meeting and the July 22, 2008 Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 6. The Board of County Commissioners will hold a Workshop on Thursday, July 31, 2008 at 3:00 p.m. in the County Commission Chambers to discuss an Employee Health Clinic. 7. The August 26, 2008 Regular Board of County Commissioners Meeting and the August 26, 2008 Informal Meeting have been canceled. 8. County offices will be closed on Monday, September 1, 2008 to observe Labor Day. 9. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 4,2008 at 6:00 p.m. 10. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 18, 2008 at 6:00 p.m. 11. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 23, 2008 at 1:30 p.m. in Conference Room #3. 12. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, October 28, 2008 at 1:30 p.m. in Conference Room #3. 13. The November 4, 2008 Regular Board of County Commissioners Meeting has been canceled due to the General Election. 14. County offices will be closed on Tuesday, November 11, 2008 to observe Veteran's Day. 1S. 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. 16. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 25, 2008 at 1:30 p.m. in Conference Room #3. 17. County offices will be closed on Thursday, November 27, 2008 and Friday, November 28, 2008 to observe Thanksgiving. 18. The December 23, 2008 Regular Board of County Commissioners Meeting has been canceled. 19. County offices will be closed on Thursday, December 25, 2008 and Friday, December 26, 2008 to observe Christmas. 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 SI. 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-Iucie.fl.us .___liÎl.I¡~llí.líl."~······ '··"J'4l~I.~ìÎmllnr"'I_Il:_iÎllimllllî~_l¡iÎlIIÎ 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 tlmlñim_.ì.iil.....__",·u···"lmjl___ñlíll...lîl_mîtl.¡__Iiî'lil I. MINUTES ~ Approve the m;mrt.. from the J""e 10, 2008 mee""9. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA Ñrø. B. WARRANTS Approve warrant list No. 37, 38, 39 and 40 PURCHASING Permission to terminate contract #C07-10-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District - Consider staff recommendation to approve to terminate contract #C07-10-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District, and authorize for the Chairman to sign the contract as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the st. Lucie County Community Services Director at (772) 462-1777 or TOD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. · . EROSION DISTRICT www.co.st-lucie.f1.us llìÎiÎ__~ìÎiÎ.BÎ~R.iî''''''''~'iíli_mRllMllm~m_iIÎi_t¡ítjflml''liliII. 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 _iÎ¡_~¡II~..mî'lil~Îi~;'·"'··'h'Nîl.ti_(IiIII'ï.ílIBt"-'.flll~DIl'Ii'U_ï I. ~1)ES ^tß~APprove the minutes from the June 10, 2008 meeting. 111 Approve the minutes from the June 17, 2008 meeting. II. GENERAL PUBLIC COMMENT III. JONSENT AGENDA ~D~~' WARRMfiS I n J Approve warrant list No. 37, 38, 39 and 40 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. ST. LUCIE COUNTY, FLORIDA CASH AND INVES1MENT As of July 7, 2008 $362,349,487 [i] SBA Fund B 2% III Cash in Bank III SBA Fund A 17% III US Treasuries 26% '-,-_ [i] US Agency l¡% III Money Market 30~/o III C ertific ate 0 f Deposits 30/0 Florida Local Govenunent Investment Trust 10% ~ 1\ · SBA BALANCE DATE FUND A FUND B DECEMBER 5, 2007 $ 121,934,192 $ 20,486,262 JUL Y 8, 2008 $ 60,967,096 $ 6,608,386 "Today (July 3, 2008) the SBA transferred $34.7 million in liquid assets from Fund B. The $34.7 million is from principal and interest payments on existing securities held in Fund B." TREASURY INVESTMENT UPDATE 5 Year Treasuries sold at a profit of $1,448,729. ~ ~I~,!.!~,!?'~r~~~~~ FOR IMMEDIATE RELEASE June 24, 2008 CONTACT Governor's Press Office, (850) 488-5394 Kayla Bergeron, SFWMD, (561) 682-6197 Governor Crist Unveils Momentous Strategy to Save America's Everglades, Preserve National Treasure -Water managers to negotiate buy-out of U.S. Sugar Corporation; Massive environmental acquisition to provide "missing link" for reconnecting Lake Okeechobee and the Everglades and reviving fabled River of Grass- WEST PALM BEACH, FL - Governor Charlie Crist today stood at the edge of the Arthur R. Marshall Loxahatchee National Wildlife Refuge, joined by Florida's top elected leaders, the United States Sugar Corporation and a host of environmental advocates, to unveil a momentous strategy that could bring about one of the largest environmental land acquisitions in the nation's history and provide a "missing link" needed to protect Florida's coastal estuaries and better revive, restore and preserve one of America's greatest natural treasures - the Everglades. The announcement kicks off the 2008 Serve to Preserve Florida Summit on Global Climate, which begins tomorrow in Miami. "Sixty years ago, President Harry Truman came to South Florida to dedicate Everglades National Park. Today, we follow in the great footsteps - and in the tradition of the great conservationist President Teddy Roosevelt. We continue their legacy of permanent preservation of the one of the most unique landscapes of our country - and on the planet," said Governor Crist. "We have an opportunity to provide the critical missing link in our restoration activities. I can envision no better gift to the Everglades, or the people of Florida, or to our country than to place in public ownership this missing link that represents the key to true restoration." Announcing a new partnership to revive the River of Grass, Governor Crist called on the South Florida Water Management District to begin negotiating an agreement to acquire as much as 187,000 acres of agricultural land owned by the United States Sugar Corporation. The vast tracts of land would then be used to reestablish a part of the historic connection between Lake Okeechobee and the fabled River of Grass through a managed system of storage and treatment and, at the same time, safeguard the St. Lucie and Caloosahatchee rivers and estuaries. --more-- Governor Crist Unveils Momentous Strategy to Save America's Everglades Page Two "This is a watershed event in national conservation history, and a paradigm shift for the Everglades and the environment in Florida, one that would have been inconceivable in years past. Yet, here we are," said Robert Buker, president and CEO of United States Sugar Corporation. "We look forward to continuing to work with the Governor and the District in the cooperative spirit with which we have begun, in order to make the dream represented by the Statement of Principles that we sign here today a reality for Florida tomorrow. " The proposed agreement between the South Florida Water Management District and the United States Sugar Corporation involves the public purchase of nearly 300 square miles spanning four counties in South Florida - a land mass as large as New York City. The District will also take ownership of the company's assets, including 200 miles of railroad, a state-of-the-art sugar mill, sugar refinery and citrus processing plant. Subject to independent appraisals and approval by the District's Governing Board, water managers will invest $1.75 billion in cash and certificates of participation to finance the acquisition. "America's River of Grass sustains life for so much and so many. Today it receives its lifeline," said Everglades Foundation Vice Chairperson Mary Barley. "A restored and sustained Everglades is no longer a dream. History will record this action as the point that brought it within our reach." Acquiring the enormous expanse of real estate offers water managers the opportunity and flexibility to store and clean water on a scale never before contemplated. Water managers expect that dedicating significantly more land in the Everglades Agricultural Area to restoration will build upon and enhance the 3D-year state-federal Comprehensive Everglades Restoration Plan and the State of Florida's Northern Everglades program to restore and protect Lake Okeechobee, the St. Lucie and Caloosahatchee rivers and their respective estuaries. Benefits from the land acquisition will allow for the following: · Huge increases in the availability of water storage, significantly reducing the potential for harmful discharges from Lake Okeechobee to Florida's coastal rivers and estuaries when lake levels are high. · The ability to deliver cleaner water to the Everglades during dry times and greater water storage to protect the natural system during wet years. · Preventing thousands of tons of phosphorus from entering the Everglades every year. · Forever eliminating the need for "back-pumping" water into lake Okeechobee from the Everglades Agricultural Area to augment the water supply needs. The District's Governing Board this year voted not to back-pump into the lake during the ongoing water shortage to protect water quality. --more-- . Governor Crist Unveils Momentous Strategy to Save America's Everglades Page Three . Additional water storage alternatives, relieving some pressures on the Herbert Hoover Dike while the federal government undertakes repairs. . Sustainability of agriculture and green energy production. "The significance of this moment will forever be recorded in Florida's environmental history," said South Florida Water Management District Governing Board Vice Chair Shannon Estenoz. ''Today, we offer the Everglades restoration opportunities once thought impossible; environmental progress once considered unachievable; and protections just a decade ago believed unattainable. History will mark today as a watershed event for restoring our beloved national treasure - the Everglades - and generations will thank the Governor for his leadership in making it happen." To mark the occasion, the Governor stood as official witness as South Florida Water Management District Governing Board Vice Chair Shannon Estenoz signed a "Statement of Principles" with United States Sugar Corporation President and CEO Robert H. Buker. The Statement of Principles provides the framework for the potential acquisition of property. Negotiations on the final agreement will take place over the coming months, with a closing on the real estate anticipated before the year's end. As part of the proposal, United States Sugar Corporation will continue to farm and manage the land consistent with its previous business practices for the next six years. Construction of any new water treatment and storage projects on the agricultural land would likely begin following the six-year transition period. As the agreement is finalized, the Governor directed the District to work closely with interest groups, the Florida Department of Environmental Protection, the Florida Legislature, United States Congress and federal agencies on the future use of the land and any effects to the planning, design and construction of Comprehensive Everglades Restoration Plan or Northern Everglades projects. The Governor also called upon the Office of Tourism, Trade and Economic Development and the Agency for Workforce Innovation to work with United States Sugar Corporation, local governments and area businesses on an economic transition plan for the area. About the Everglades America's Everglades once covered almost 11,000 square miles of south Florida. Just a century ago, water flowed down the Kissimmee River into Lake Okeechobee, then south through the Everglades to the Florida Bay - the ultimate destination of the pure sheet flow. Because of efforts to drain the marshland for agriculture, development and flood control, the Everglades is today half the size it was a century ago. Dubbed the River of Grass for the sawgrass that flourished throughout the marsh, the Everglades is a mosaic of freshwater ponds, prairies and forested uplands that supports a rich plant and wildlife community. Known throughout the world for its wading birds and --more-- · Governor Crist Unveils Momentous Strategy to Save America's Everglades Page Four wildlife, the Everglades is home to dozens of federally threatened and endangered species, including the Florida panther, American crocodile, snail kite and wood stork. The mix of salt and freshwater makes it the only place on Earth where alligators and crocodiles exist side by side. About the 2008 Serve to Preserve Florida Summit on Global Climate Governor Crist's monumental announcement kicks off the 2008 Serve to Preserve Florida Summit on Global Climate this week, June 25-26, 2008, at the Intercontinental Miami. Building on the foundation for Florida's energy future that began at last year's summit, the 2008 summit will focus on stimulating economic development in clean technologies as well as "greening" Florida's business community. By encouraging companies to invest in our state's energy future, Florida will transform its energy marketplace to enhance fuel diversity, lessen dependence on foreign sources of oil and reduce greenhouse gas emissions. For more information on restoration of America's Everglades, visit www.mvflorida.com. For information on the 2008 Serve to Preserve Florida Summit on Global Climate Change, visit www.mvfloridaclimate.com or www.mvflorida.com. ### --more-- The "Missing link" to Reconnect lake Okeechobee to the River of Grass Ft, Lauderdale Miami s o 15 30 Miles ,~ '"jJ Key West SOUIH fLORIDA WATLR I\1ANAGlMLNI DISIRfCT just the FACTs This fact sheet is provided as a reference to encourage a greater understanding of the various issues related to managing water in south Florida. . ~W'l1l.. 8outhFIorldIw.c.~Dlstrtct m1 Gun Club Road Welt Palm 1eKh, florida SS40I &11........... FL WATI 1-1ClO-4JZ.Z04S ---- MAILING ADDRESS: P.O. Box Z46BO West Palm Beach, Fl 33416-4680 June 24,2008 REVIVING THE RIVER OF GRASS Witnessed by Governor Charlie Crist, the South Florida Water Management District and United States Sugar Corporation signed a "Statement of Principles" regarding the proposed acquisition of up to 187,000 acres of land and other company assets located in the Everglades Agricultural Area. When finalized, this historic real estate transaction will provide water managers with the unprecedented opportunity to store and treat water on a scale never before envisioned for the benefit of the Everglades ecosystem. "Statement of Principles" Summary · Provides a non-binding framework to acquire property for the protection of Florida's coastal estuaries and the restoration of the Everglades. . US Sugar will sell its interest in real property (up to 187,000 acres of lands, buildings/facilities and railroads) and other tangible personal property used in the course of business operations. . Subject to independent appraisals, the South Florida Water Management District will buy the lands and assets for $1.75 billion using cash and Certificates of Participation to finance the acquisition. · As part of the conveyance proposal, US Sugar will retain use and possession for six years. · The parties will negotiate and execute a detailed purchase agreement with a targeted closing date of November 30, 2008. The final purchase agreement may include third party exchanges of portions of the lands and/ or assets. Acquisition Benefits · Provides an opportunity to reestablish an historical connection between Lake Okeechobee and the remnant southern Everglades ecosystem through a massive, managed system of water storage and water quality treatment. · Allows for the delivery of cleaner water to the Everglades during dry times and greater water storage to protect the natural system during wet years. · Significantly reduces the potential for harmful discharges from Lake Okeechobee to the St. Lucie and Caloosahatchee rivers and estuaries. · Potentially prevents thousands of tons of phosphorus from entering the Everglades every year. · Eliminates the need for "back-pumping" water into Lake Okeechobee from the Everglades Agricultural Area to augment water supply needs. · Provides additional water storage alternatives, relieving some pressures on the Herbert Hoover Dike while the federal government undertakes repairs. · Sustainability of agriculture and green energy production. Integration with On-going Restoration · Acquiring the "missing link" is expected to build upon and enhance the State-Federal Comprehensive Everglades Restoration Plan and the State's Northern Everglades program. . The vast acreage may now present opportunities for storage and treatment not originally considered feasible in previous restoration plans. · The District will present to the Governing Board for consideration and public discussion options for the future use of the agricultural lands, funding considerations and the effect of the purchase on the schedule and completion of existing restoration projects. , I QUESTIONS and ANSWERS June 2008 What is being announced? A proposed real estate transaction of historic proportions between the South Florida Water Management District and United States Sugar Corporation to bring up to 187,000 acres of agricultural land into public ownership to help revive, restore and preserve America's Everglades. The two parties signed a "Statement of Principles," which provides the necessary framework to move forward with negotiating a final purchase agreement. When will negotiations begin on the contract? Negotiations will begin July 1, after the Governing Board's ratification of the Statement of Principles at its June 30 Governing Board meeting. Where is the land located? The bulk of the lands are located in the farming region known as the Everglades Agricultural Area, just south of Lake Okeechobee, in Palm Beach, Hendry and Glades counties. A smaller parcel of approximately 80 acres is located in Gilchrist County. How does this benefit the environment? The environmental benefits offered by the land purchase include: · Providing an opportunity to reestablish an historic connection between Lake Okeechobee and the remnant southern Everglades ecosystem through a massive, managed system of water storage and water quality treatment. · Allowing for the delivery of cleaner water to the Everglades during dry times and greater water storage to protect the natural system during wet years. · Reducing the potential for harmful freshwater discharges from Lake Okeechobee to the St. Lucie and Caloosahatchee rivers and estuaries through additional available storage. · Preventing thousands of tons of phosphorus from entering the Everglades every year. · Eliminating the need for backpumping water into Lake Okeechobee from the Everglades Agricultural Area to augment regional water supply needs. · Providing additional water storage alternatives and relieving some pressures on the Herbert Hoover Dike while the federal government undertakes repairs. What other benefits does this provide? The agreement between United States Sugar Corporation and the District will not only serve to protect and restore the Everglades and coastal estuaries, it may also sustain remaining agriculture in the region by using the land to eliminate environmental concerns through additional storage and treatment; enhancing the availability of water supply; and offering potential opportunities for green energy production in the Everglades Agricultural Area. 1 , . How did this agreement come about? Vast tracts of land in the Everglades Agricultural Area have long been considered the "missing piece" of real estate needed to protect Florida's coastal estuaries and to revive the Everglades. The concept of acquiring land within the Everglades Agricultural Area was raised by Governor Crist, who directed the Department of Environmental Protection and the South Florida Water Management District to explore the potential for negotiating a land purchase with United States Sugar Corporation. How was the purchase price determined? A final acquisition price has not yet been established. The $1.75 billion amount included in the Statement of Principles is a sound estimate based on the District's extensive knowledge of the Everglades Agricultural Area lands and recent appraisals of the land and assets made by United States Sugar Corporation. The acquisition and final purchase price is subject to independent appraisals, which will be performed by highly qualified appraisers hired by the District. How will the District pay for the land and assets? Subject to independent appraisals and approval by the District's Governing Board, water managers will use cash and certificates of participation to finance the acquisition. The acquisition will be possible without raising taxes or requiring new funding. Through sound financial management, the District has dedicated environmental funds available for investing in land and construction needed for restoration. That means the funding source is based on a reallocation of District revenue already identified for Everglades restoration. When will the District take ownership of the land and assets? As currently proposed, United States Sugar Corporation will retain use and possession of the lands and facilities for a period of six years, unless extended by mutual agreement. Upon termination of the use and possession agreement, all lands and assets will be turned over to the District. How long will farming operations continue on the land? In accordance with the Statement of Principles, United States Sugar Corporation will retain the right to farm and manage the land consistent with its previous business practices over the next six years. This transition period allows United States Sugar Corporation to continue business operations and fulfill its long-term existing obligations. This is a common and cost-effective land stewardship tool employed by the District to help manage lands until project construction. What is the condition of the land? Most of the land has been actively farmed for 50-75 years. During the transition period, United States Sugar Corporation will be obligated to continue implementing best management practice requirements to prevent or reduce pollution at its source. As a 2 condition of turning over the land and assets to the District following the six-year transition period, UlÙted States Sugar Corporation is responsible for the environmental remediation of any pollutants. How is the District proposing to use the land? Detailed plans for the land will be developed over the coming months at the direction of the District's Governing Board and in coordination with restoration partners and interested groups. Initial concepts for the land, however, call for constructing a managed system of water storage and water quality treatment to reestablish an historic connection from Lake Okeechobee to the remnant Everglades. This concept requires the consolidation of strategically located agricultural land into large tracts. The District will be evaluating the full potential of the land and options will be presented to the Governing Board for consideration and public discussion. Plans to use the land will be deliberative and thorough with full consideration given to the new flexibility and opportunities now available to ensure that the environment receives the maximum benefits possible. When will construction on the land begin? Construction of any new water treatment and storage projects on the agricultural land would likely begin following the six year transition period. How does this acquisition affect Everglades Restoration? This acquisition represents one of the most important actions to protect and restore the Everglades ecosystem since the designation of Everglades National Park sixty years ago. It provides the If missing piece" of real estate that offers water managers the unprecedented opportunity to reestablish a part of an historic connection between Lake Okeechobee and the Everglades. The strategically located lands also provide water managers with the flexibility to store and treat water on a scale never before envisioned, which will enable the delivery of water necessary to sustain the Everglades and, at the same time, protect the St. Lucie and Caloosahatchee rivers and estuaries from harmful freshwater discharges. How does this affect the State-federal Comprehensive Everglades Restoration Plan? Water managers expect that using land for storage and treatment in the Everglades Agricultural Area will build upon and enhance the 3D-year state-federal Comprehensive Everglades Restoration Plan (CERP). It is also recognized that the vast size and strategic location of the land may now present opportunities for additional storage and treatment not considered feasible or achievable when CERP was conceived. This could, in turn, lead to modifications of components contained in CERP. How does this affect the District's initiative to expedite key restoration projects? In 2004, with federal funding for the Comprehensive Everglades Restoration Plan stalled, the District moved forward under its own initiative to expedite a suite of key 3 restoration projects identified as priorities by the US Congress. Today, acquiring prized and vast expanses of agricultural lands represents a once-in-a lifetime opportunity not previously anticipated. To accomplish the acquisition, the District will redirect funds previously identified for the expedited projects. The District will be presenting to the Governing Board for consideration and public discussion options for the future use of the agricultural lands, funding considerations and the effect of the purchase on the schedule and completion of expedited projects. It is anticipated, however, that funds may be available to achieve full or partial completion of specific and strategically important expedited projects. With planning and design complete on other projects, construction may be assumed by the US Army Corps of Engineers, as originally envisioned in the Comprehensive Everglades Restoration Plan. It is also anticipated that all construction completed to date on the Everglades Agricultural Area Reservoir can be incorporated into an expanded system of treatment and storage. How does this affect the State of Florida's Northern Everglades program? In 2007, Governor Crist signed legislation to expand the Lake Okeechobee Protection Act and safeguard and restore the northern Everglades system, including the Lake Okeechobee watershed as well as the Caloosahatchee and St. Lucie rivers and estuaries. By 2009, the law called for the development of technical plans to protect and improve the quality, quantity, timing and distribution of water north of Lake Okeechobee and augment restoration underway in the remnant Everglades south of the lake. In accordance with the law, the District in November 2007 released its technical plan identifying the necessary projects for achieving water quality targets in Lake Okeechobee and increasing water storage north of the lake to achieve healthier lake levels and reduce harmful discharges to the coastal estuaries. Components of the multi- phase plan included building treatment wetlands to clean water flowing into the lake and creating between 900,000 and 1.3 million acre-feet of water storage north of the lake through a combination of above-ground reservoirs, underground storage and alternative water storage projects on public and private lands. The acquisition of up to 187,000 acres in the Everglades Agricultural Area will likely provide a significant amount of the additional lands needed to achieve the water storage and treatment goals of the 2007 legislation. How does acquisition impact other District priorities? In light of this tremendous opportunity to build upon and expand the work that has already taken place towards restoration, the District will be working with the Governing Board over the next month to reevaluate its strategic priorities and the budget accordingly. 4 What does this acquisition mean to local communities? Over the next six years, United States Sugar Corporation will continue to farm and manage the land, operate its business and fulfill its long-term existing obligations in accordance with the Statement of Principles. Governor Crist has called upon the Governor's Office of Tourism, Trade and Economic Development and the Agency for Workforce Innovation to work with the United States Sugar Corporation, the South Florida Water Management District, local governments and area businesses on an economic transition plan for the area. In addition, real estate taxes and assessments will continue to be paid by United States Sugar Corporation during its occupancy, after which the District will assume the tax responsibility in accordance with Florida law. It is anticipated that the acquisition may present new economic and environmental opportunities, including the possibility of green energy production and greater eco- tourism. What will the District do with the Corporation's assets? Along with the land, the District will also take ownership of the company's assets, including 200 miles of railroad, a state-of-the-art sugar mill, sugar refinery and citrus processing plant. The detailed purchase agreement may include third party exchanges and/ or acquisitions of portions of the lands and assets. ### 5 Page 1 of 1 Missy Stiadle - 7/8/2008 Pulled Agenda Item <t - ~u From: To: Date: Subject: Missy Stiadle Agenda 7/7/2008 4:S3 PM 7/8/2008 Pulled Agenda Item Please pull agenda item H1 under purchasing. Per Ms. Outlaw. file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\48724Al... 7/8/2008 07/03/08 FZABWARR FUND 001 001181 001183 001193 001404 001419 001428 101 101001 101002 101003 101004 101006 102 102001 102109 102811 105 107 107001 107003 107006 107205 III 112 120 122 126 129 139 140 140334 160 183 183001 183006 189201 216 242 310002 310806 316 401 418 451 458 461 471 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 28-JUN-2008 TO 03-JUL-2008 FUND SUMMARY TITLE General Fund FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 FDCA SLC Buildings Wind Retrofit pr 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC FDCA Emrg. Mgmt Preparedness & Assi 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 I. R. Estates Stormwater Ph 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Juvenile Justice & Delinquency Prev River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund Palm Grove Fund Port & Airport Fund Const. Apron & Environmental Mitiga Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund FHFC Hurricane Housing Recovery PIa County Capital I&S Port I&S Fund Impact Fees-Parks FIND-S. Causeway Island Park Imp County Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin EXPENSES 2,320,713.77 45,486.00 133.00 26,010.40 121,027.19 463,732.75 3,762.04 457.53 3,144.12 53,194.06 6,703.82 1,816.25 235,093.27 392.24 168,424.65 469,852.14 122,285.92 343.31 3,523,196.89 1,122.36 2,216.18 30,086.10 30.32 2,858.94 607.69 180.44 1,041.79 125.35 43,714.50 761.94 1,033.55 15,059.00 314.37 2,246.14 40.00 31.50 325.00 15,520.24 55,288.76 51,796.87 27,099.03 38,365.17 84,968.87 5,931.63 156.26 99,347.00 2,222.64 273,130.16 PAGE 1 PAYROLL 152,511.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/03/08 FZABWARR FUND 478 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 28-JUN-2008 TO 03-JUL-2008 FUND SUMMARY TITLE EXPENSES No Cty Util Dist-Renewa1 & Replace Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund 705.30 265.41 6,509.40 0.00 125.52 700.00 64,147.09 GRAND TOTAL: 8,393,843.87 PAGE 2 PAYROLL 0.00 0.00 3,397.71 30,039.00 0.00 0.00 0.00 185,947.71 07/03/08 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 28-JUN-2008 TO 03-JUL-2008 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 96,138.04 96,138.04 PAGE 1 PAYROLL 0.00 0.00 07/03/08 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 28-JUN-2008 TO 03-JUL-2008 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 35.37 GRAND TOTAL: 35.37 PAGE 1 PAYROLL 0.00 0.00 07/03/08 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR VOID LIST# 40- 28-JUN-2008 TO 03-JUL-2008 FUND: 001 - General Fund CHECK INVOICE VENDOR TOTAL 09782181 12811 773 Lenfesty, Karla 330.00 09782534 12812550 Lenfesty, Karla 24.88 FUND TOTAL: 354.88 07/03/08 FZABWARR FUND: 401 CHECK 09781800 ST. LUCIE COUNTY - BOARD VOID LIST# 40- 28-JUN-200S TO 03-JUL-2008 - Sanitary Landfill Fund PAGE 2 INVOICE VENDOR 12809891 Lenfesty, Karla TOTAL 492 . 12 492.12 FUND TOTAL: Page 1 of 1 Missy Stiadle - Prayer 7/8/08 From: To: Date: Subject: Missy Stiadle Missy Woolley 7/3/200810:34 AM Prayer 7/8/08 Dear Father, Sometimes we allow the concerns in our life to block our awareness of your presence. Help us to always remember that you are there for us. Father in Your Name We Pray, Amen n liP {\ ~ t C file:l/C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\486CAB4... 7/3/2008 7/<1/0'( 1/1 ùlccJ b'l~ S.~I!@t@II~ .~, COUNTY', FLORIDA -- DEPARTMENT OF CENTRAL SERVICES Date: June 2, 2008 f'~ ~~ ~~ To: Doug Anderson, County Administrator Roger Shinn, Central Services DirectoØ- w From: Subject: Environmental Stewardship Award .................................................................................. On Tuesday, May 27, 2008 Fort Pierce Utilities Authority (FPUA) awarded the St. Lucie County Jail the Excellent in Environmental Stewardship Award. The FPUA operates an Industrial Pretreatment Program as a condition of compliance to be a Water Reclamation Facility. In industrial settings, variations in flow volume and pollutant loadings can be devastating to the biological treatment process employed by FPUA as part of a Water Reclamation Facility. The recipients of the Excellence in Environmental Stewardship Award, such as the award given to the Jail, have controlled flow and pollutant loadings that assist the Water Reclamation Facility in maintaining a healthy biological balance. This prestigious award is given on an annual basis and there were five Gold A ward winners with the St. Lucie County Jail among them. One factor that may have contributed with the controlled flow and pollutant levels is the FPL Water Conservation Project at the St. Lucie County Jail. Implemented in October 2007, the Water Conservation Project installed low flow mechanisms on toilets and in the showers. The project is saving approximately 15,000,000 gallons of water annually. The financial benefits have been an estimated savings of$18,000.00 to $20,000.00 per month. The installation of an Auger Monster, responsible for waste separation and disbursement at the Jail may have also been a benefactor. 3 L.~,:.,.J ::: 02 08 07:22a ROCK ROAD JAIL ::: FOR IMMEDIATE RELEASE 7724621818 p.1 Page 1 of2 FOR IMMEDIATE RELEASE l;()1taCI: Levette UtXoIlI' U~UlOU. elll. <lUlU 0.. Ma1< Math.. (712)4S6-1600. exI. 5517 May 22. 2008 FPUA Awards Excellence in Environmental Stewardship FORT PIERC~ FL. - Fort Pierce Utilities Authority (FPUA) to award the Excellence in Environmental Stewardship A ward to Arch Aluminum & Glass Company, Blue Beacon International, Freshco Limited. H.D. King Power Plant, Orchid Island Juice Company, St. Lucie County Jail, University of Florida IFAS and Wild Wash Truck Wash on Tuesday, May 27th at the Energy Service Center. The Excellence in Environmental Stewardship Award is for Industrial Customers of FPUA Wastewater System who comply with their wastewater discharge permit. Arch and R.D_ King will receive the Platinum Circle of Honor Award which signifies a 100"/0 compliance history for 2 or more consecutive years. The Gold Award is being awarded to Blue Beacon International, Orchid Island Juice Company. St. Lucie County Jail, University of Florida IF AS and Wild Wash Truck for one year of 100% compliance and Frescho Limited will receive the Silver Award. This category is allowed 1 excursion that does not place the Industrial User in a significant noncompliance with their permit. "The Water Reclamation Facility employs a biological treatment process which is a highly reliable process when flows and pollutanlloadings are consistent, like what typically occurs with domestic wastewater. However, industrial discbarges can be very unpredictable with wide variations. Large variations in flow volume and pollutant loadings can devastate this biological process." said Mark Mathis, FPUA's Industrial Pretreatment Coordinator. The recipients of the Excellence in Environmental Stewardship have controlled flow and pollutant which in turn helps !be Water Reclamation Facility maintain a healthy biological balance, says Mathis. FPUA operates an Industrial Pretreatment Program as a condition of compliance with the National Pollutant Discharge Elimination System Permit (NPDES) or often know as the Water Reclamation Facility wastewater discharge pennit. This permit is issued by the State of Florida Department of Environmental Protection. Water pollution degrades surface waters making them unsafe for drinking, fishing, swimming, and other activities. As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPÐES) permit program controls water pollution by regulating point sources that discharge pollutants https:/lgwweb.stiucieco.gov/gw/webacc/drbsz90jfuudeffAuflGW API AREF/2?action=Attac... 6/212008 Jun 02 08 07:22a ROCK ROAD JAIL 7724621818 p.2 Page 2 of2 FOR IMMEDIATE RELEASE into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. Since its introduction in 1972, the NPDES permit program is responsible for significant improvements to our Nation's water quality. FPUA's publicly owned wastewater facility, known as the Vvatee Reclamation Facility, is designed to teat domestic wastewater primarily from households. The facility is capable of treating wastewater from industry that has been pretreated to reduce pollutant levels that would otherwise be incompatible with or would interfere with the operation of the facility. Florida Pretreatment RuIe contained in 62-625 PAC requires municipal wastewater facilities with a design treatment capacity of 5 million gallons per day, accepting industrial flows, or that have reuse programs to implement Industrial Pretreatment Programs in order to protect water quality and the environment. FPUA currently regulates 12 industrial customers through industrial discharge permits. About FPUA: Fort Pierce Utilities is a municipal utility whose mission is "1:0 provide our customers with economical, reliable and friendly service in a continuous effort to enhance the quality of life in our community." Fort Pierce is one of more than 2,000 communities in the United States served by a community-owned electric utility, and one of very few who also provide water, wastewater, natural gas, and Internet services. Public utility systems are owned by the people they serve. All benefits from OUI locally controlled utility remain right here in the community. ,ÞI,ÞI,ÞI https://gwweb.stlucieco.gov/gw/webacc/drbsz90jfuudeffAuf/GWAP/ AREF /2?action=AttaC... 6/2/2008 i ,/,/ Page 1 of 1 7/1¡o'6 18 Missy Stiadle - Press release ~ From: To: Date: Subject: Attachments: Carin Smith Bowers, Anne; douga@stlucieco.gov; Stiadle, Missy 6/4/20088:47 AM Press release Could we put this on a day agenda and give Ag some press? Didn't we just do something similar for Media and their awards? What do you think? CCS »> "Neal,Anita 5" <asn@ufl.edu> 5/30/20082:09 PM »> Eric, I have attached a press release to share. Thank you. Anita S. Neal Director / Environmental Horticulture Agent St. Lucie County Cooperative Extension 8400 Picos Road, Suite 101 Fort Pierce, Florida 34945 Ph: 772-462-1660 Fax: 772-462-1510 Emai1: asn@ufl.edu file:IIC:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\48465692... 6/4/2008 UF UNIVERSITY of FLORIDA lFAS .Q;:- ./.u;-~ ~~~ "I' ""'7l '''*' -:'T.I .1 lr0è7':f:flnif?-i. '~~>"-_ ~,"-,........-. ï. S1. Lucie County Cooperative Extension 8400 Picos Road, Suite 101 Fort Pierce, FL 34945-3045 (772) 462-1660 Fax: (772) 462-1510 Press Release - For Immediate Release ST. LUCIE CO NATURAL RESOURCES EXTENSION PROGRAM WINS MULTIPLE AWARDS The St Lucie County Cooperative Extension office's Natural Resources Program is the recipient of multiple awards of excellence for local conservation efforts. Florida State Horticulture Award On Sunday, June 1,2008, Natural Resources Extension Agent Ken Gioe1i will be presented with the Florida State Horticulture Society's Best Paper Award. This award will be presented at the FSHS Annual Awards Cercmony in Fort Lauderdale. Gioeli served as lead author of the FSHS Journal Article entitled "Saint Lucie County Pond Appeal Series: What's Buggin' Your Pond?" Contributing authors include Saint Lucie County Extension Agents Leroy Creswell, JP Gellermann, and Ed Skvarch. This paper details an Integrated Pest Management (IPM) plan developed by the Extension office to manage pestiferous aquatic midges. These mosquito-like insects do not bite, suck blood, or carry diseases; however, they emerge from ponds in large numbers, primarily in the warm summer months. This IPM features multiple strategies to manage these emergences. University of Florida / IF AS Image Awards The University of Florida / IF AS bestowed two Image Awards to the Saint Lucie County Cooperative Extcnsion office. The Image Awards Program encourages and recognizes excellence in the events, products, services, and projects developed by UF/IF AS faculty and staff. Ninety six award entries were reviewed from throughout Florida. The TAME Invasives Portal received a Silver Image Award for website design and the Rain Barrel Workshops received a Silver Image Award for educational campaigns. Both programs were developed through the County's Natural Resources Extension Program. The TAME Invasives Portal was developed to provide public access to educational coursework, multimedia products and Extension and Research products to help the public manage four high-priority invasive pest plants: Melaleuca, Brazilian Pepper-tree, Old World Climbing Fern, and Tropical Soda Apple. The portal was developed at http://pesticide.ifas.ufl.edu St Lucie County Natural Resources Extension Agent, Ken Gioeli, received grant funding for product development and served as project coordinator. Project contributors include Extension Specialists Ken Langeland, Bill Overholt, Julio Medal, Paul Pratt and Jim Cuda as well as Extension Agent Fred Burkey and Website Development Specialist Jennifer Hugus. The purpose ofthe Rain Barrel Alternative Water Supply Campaign was to help the public harvest and store hundreds of gallons ofnon-potable water for gardening and other uses during a severe drought. Natural Resources Extension Agent Ken Gioeli served as overall program coordinator in St Lucie County and worked alongside Extension Agent Janet Bargar, Master Gardener Dale Galiano, and Senior Artist Laura Marie Adams. For additional information about these awards, please contact the Saint Lucie County Cooperative Extension office at (772) 462-1660. ### The Foundation for The Gator Nation An £<)"a/ Opportr¡níty i Affirmalí¡'e Action Institution " ^', AGENDA REQUEST ITEM NO. VI.B.1 DATE: July 8, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 08-207 - Amending the In-House Revolving Loan Program Policy BACKGROUND: See attached memorandum fUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Resolution No. 08- 20? and authorize the Chairman to sign Resolution No. 08- 20? COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Douglas Anderson County Administrator County Attorney: q L f/4 Review and A';;:~ ^ I ^ Management & Budget' ~rchasing: Public Works Dir: (-1\14' MSBU Coord,: Originating Dept. f;(J 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.: 08-970 DATE: June 10, 2008 SUBJECT: Resolution No. 08-207 - Amending the In-House Revolving Loan Program Policy *****AAAAAAAA*****************_*******AA4A4AAAA...*********************************** BACKGROUND: Attached to this memorandum is a copy of draft Resolution No. 08-207 which, if adopted, would further amend the In-House Resolving Loan Program Policy created by Resolution No. 00-149 and amended by Resolution No. 07-147. The amendments would increase the maximum loan amount from "$80,000" to "$150,000, or at the discretion of the Board" and revise the loan term from "10 years" to "10 to 20 years." RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 08-207 and authorize the Chairman to sign Resolution No. 08-207, R.e.. sjpec,. U~"YS,Ub, mitte ; 11 !A¡/ y~~1 ~- , 'I '1\ ;;,.- .1 I ¡ Daniel S. McInty¡/e County AttorneÝ DSM/ caf Attachment - . RESOLUTION NO. 08-207 A RESOLUTION AMENDING RESOLUTION NO. 00-149 ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ON JANUARY 15, 2002, AS AMENDED BY RESOLUTION NO. 07-147, AND ENTITLED: . "A RESOLUTION PROVIDING FOR THE FUNDING OF SMALL CAPITAL IMPROVEMENT PROJECTS IN MUNICIPAL SERVICES BENEFIT UNITS THROUGH THE CREATION OF AN MSBU CAPITAL PROJECT REVOLVING LOAN FUND; PROVIDING FOR THE PAYMENT OF THE COSTS OF SMALL CAPITAL IMPROVEMENT PROJECTS THROUGH LOANS FROM SUCH FUND; PROVIDING FOR THE ESTABLISHMENT OF CRITERIA TO GOVERN THE MAKING OF SUCH LOANS; PROVIDING FOR THE APPLICATION OF MONEYS RECEIVED IN REPAYMENT OF SUCH LOANS; DELEGATING TO THE COUNTY ADMINISTRATOR AND THE COUNTY MSBU COORDINATOR THE AUTHORITY TO DEVELOP GUIDELINES FOR THE MAKING OF SUCH LOANS; PROVIDING AN EFFECTIVE DATE. TO INCREASE THE MAXIMUM LOAN AMOUNT FROM "$80,000" TO "$150,000, OR AT THE DIRECTION OF THE BOARD"; AND TO REVISE THE LOAN TERM FROM "10 YEARS" TO "10 TO 20 YEARS"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") of St. Lucie County (the "County") has previously adopted Resolution No. 00-149 (the "Original Resolution") referred to by title in the title above; and WHEREAS, it is necessary and desirable to increase the maximum loan amount from "$80,000" to "$150,000, or at the discretion of the Board"; and to revise the loan term from "10 years" to "10 to 20 years." NOW, THEREFORE, be it resolved by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1. Amendments to Original Resolution. The Original Resolution be and the same is hereby amended in the following respects: Page 1 of 3 A. Section 5. of the Original Resolution is amended to read as follows: SECTION 5. LOANS FROM REVOLVING LOAN FUND; REPAYMENT OF LOANS. Loans from the Revolving Loan Fund shall be advanced only for Projects, upon the recommendation of the MSBU Coordinator and with the approval of the County Administrator. All Loans shall be approved in accordance with the Guidelines and shall be evidenced by such documentation as shall be required by the Finance Director. Loans shall: (A) bear interest at a rate (1) equal to the lesser of (i) the rate per annum which the county would receive on moneys invested in the Local Government Surplus Funds Trust Fund administered by the State Board of Administration, determined on the date the Loan is made, plus two percent (2'ro), or (ii) the rate then in effect for bank loans under the Program; and, (2) which will produce an amount necessary to pay the County's Administrative Costs incurred in administering the Program: (B) be amortized over a ten to 20 year period, with level annual payments of principal and interest (which may be adjusted from time to time as necessary to reflect prepayments); and (C) be secured as to repayment by a lien upon the Assessment Revenues (which shall be collected under the "uniform method" provided for in Section 197.3632, Florida Statutes, as amended from time to time). Repayments of Loans shall be deposited into the Revolving Loan Fund and shall be available to fund additional Loans. B. Section 6. of the Original Resolution is amended to read as follows: SECTION 6. ESTABLISHMENT OF LOAN CRITERIA; DELEGA nON OF AUTHORITY TO DEVELOP GUIDELINES AND TO IMPLEMENT REVOLVING LOAN PROGRAM. Loans may be made from the Revolving Loan Fund without further authority from this Commission where the following Loan Criteria are satisfied: (1) the Project must be estimated to cost no more than $80,000 $150,000, or at the discretion of the Board; and (2) the value of each of the Benefitted Properties, determined by reference to the most recent roll prepared by the County Property Appraiser (or by such other appraisal as shall be approved by the MSBU Coordinator), must be at least 5x the amount of the Assessment to be levied against such Benefitted Properties. The MSBU Coordinator shall develop Guidelines for the making of Loans, with advice from the Finance Director and the County Attorney, and with the approval of the County Administrator. Section 2. Remaining Provisions Unaffected. The remaining provisions of the Original Resolution shall remain in full force and effect. Section 3. Severability. If anyone or more of the provisions of this amending resolution should be held to be contrary to any express provisions of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reaSon whatsoever be held invalid, then such provisions shall be null and void Page 2 of 3 "I and shall be deemed separate from the remaining provisions of '. and in no way affect the validity of, all the other provisions of the Original Resolution. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND DULY ADOPTED this day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORID~ BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 3 of 3 / ""lr" AGENDA REQUEST ITEM NO. 682 DATE: July 8, 2008 REGULAR [ ] PUBLIC HEARING [] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 [Xl County Attorney: k~ [ ] Road Et Bridge.: [ ]Finance:(check for copy only, if applicable) Katherine Mackenzie-Smith Assistant County Attorney Ordinance No. 08-024 - Allowing Sexual Offenders and Sexual Predators to live not closer than 2500 feet from specified locations in unincorporated St. Lucie County - Permission to Advertise See CA No. 08-0373 Staff recommends that the Board grant permission to advertise Ordinance No. 08-024 for a public hearing before the Board of County Commissioners on August 19, 2008. Douglas M. Anderson County Administrator - Review and Aoprovals [ ]Management Et Budget: [ ]Purchasing: [ ) Parks & Recreation Director [ ] Solid Waste Mgr . Effective 5/96 ~ INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 08-0990 DATE: July 8, 2008 SUBJECT: Ordinance No. 08-024 - Allowing Sexual Offenders and Sexual Predators to live not closer than 2500 feet from specified locations in unincorporated St. Lucie County - Permission to Advertise BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 08-024, which if adopted, would limit sexual offenders and sexual predators within the county to live not closer than 2500 feet from schools, parks and licensed child care facilities in unincorporated St. Lucie County. The ordinance defines permanent and temporary residences and exempts permanent residences established prior to effective date. The request was made by the Sheriff's Office to have an ordinance in place because the sexual offender and sexual predator population is increasing in St. Lucie County. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 08-024 for a public hearing before the Board of County Commissioners on August 19, 2008. Respectfully submitted, KMS/cb Attachments H :\KMS-AgMemo08-024. wpd )//-. Katherine ~êíŒí=,zie-Smith Assistant County Attorney. ORDINANCE NO. 08-024 AN ORDINANCE CREATING ARTICLE In OF CHAPTER 1- 18,OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS, RELATING TO THE RESIDENCES OF SEXUAL OFFENDERS AND SEXUAL PREDATORS WITHIN THE COUNTY ALLOWING SEXUAL OFFENDERS AND SEXUAL PREDATORS TO LIVE NOT CLOSER THAN 2500 FEET FROM SPECIFIED LOCATIONS IN UNINCORPORATED ST. LUCIE COUNTY; CREATING SECTION 1-18-20 (DEFINITIONS); CREATING SECTION 1-18-21 (PROHIBITIONS AND EXCEPTIONS); CREATING SECTION 1-18-22 (PENALTIES); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIbING FOR APPLICABILITY; PROVIDING FOR FILING; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION WHEREAS, the St. -Lucie County Board of County Commissioners is deeply and profoundly concerned about the unfortunate number of occurrences within the State of Florida and United States when convicted sexual offenders and sexual predators have been released from custody and then repeat the unlawful acts for which they had originally been convicted; and, WHEREAS, the population of St. Lucie County is approximately 261,961, and of this number, 609 are sexual offenders and sexual predators; and, WHEREAS, St. Lucie County has seen the sexual offender and sexual predator population increase by 78 in 2006,98 in 2007, and 60 as of May 2008; and, WHEREAS, Sections 794.065, 947.1405, and 948.30, Florida Statutes, provide for one thousand feet (1,000') residence prohibitions from specified locations for certain sexual offenders and sexual predators; and, WHEREAS, the Board of County Commissioners finds, based on the following evidence, that one thousand feet (1,000') is not an adequate barrier between these specified locations and the residences of certain sexual offenders and sexual predators; and, WHEREAS, the United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics (BJS), studied the recidivism of sex offenders released since Underlined pëíssages are added. 1 5t~~<lt thl ð~gh passages are deleted. 1994 and found the following: (1) Within three (3) years following their release, 5.31'0 of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime. (2) Compared to non-sex offenders released from state prisons, released sex offenders were four (4) times more likely to be rearrested for a sex crime. (3) Of the released sex offenders, 3.51'0 were reconvicted for a sex crime within the three (3) year follow-up period, 241'0 were reconvicted for a new offense and 38.61'0 were returned to prison, either because they received another prison sentence or because of a parole violation. . (4) The 9,691 released sex offenders studied included 4,295 men who were in prison for child molestation; and, WHEREAS, the Washington state Institute for Public Policy published its findings of high recidivism rates released sexually violent predators and determined that 57'ïo of the predators re-offended within six (6) years of being released from prison and the study further showed that felony sex offences were crimes of choice for the sex offenders of which 161'0 did not register as sex offenders and that approximately 180 of the "recidivists" committed crimes "considered precursors to child molestation"; and, WHEREAS, since May 2005, several counties and municipalities in the State of Florida have enacted Ordinances placing restrictions on where sexual offenders and sexual predators may reside. Between January 2006 and May 2008, the sexual offender population in St. Lucie County has risen from 378 to 609, an increase of 621'0. A portion of this increase is the result of sexual offenders and sexual predators relocating to St. Lucie County to avoid the residency restrictions in place in other counties and municipalities; and, WHEREAS, the United States 8th District Court of Appeals recently rendered a decision in the case of Doe v. Miller, 405 F. 3rd 700 (8th Cir. April29, 2005), upholding similar residency restrictions for sexual offenders and sexual predators and sexual predators, contained in the Iowa State Statutes against multiple constitutional challenges. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. Article nI OF Chapter 1-18 of the St. Lucie County Code and Compiled Laws is hereby created to read: Underlined passages are added. 2 Stl ~eh tl., 61:1gl. passages are deleted. ARTICLE III RESTRICTIONS ON RESIDENCE FOR SEXUAL OFFENDERS AND SEXUAL PREDATORS Section 1-18-20 Definitions ill Conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere. regardless of whether adjudication is withheld. ill Permanent residence means a place where a person abides. lodges. or resides for five (5) or more consecutive days. and which includes motor vehicles. trailers. mobile homes. manufactured homes. vessels. live-aboard vessels. houseboats. ill Sexual offender means a person who has been convicted of a violation of Chapter 794. Florida Statutes ("sexual battery"). Section 800.04. Florida Statutes ("lewd or lascivious offenses committed upon or in the presence of a person less than 18 years of age"). Section 827.071 ("sexual performance by a child"). or Section 847.0145. Florida Statutes ("buying or selling minors"). regardless of whether adjudication was withheld. and in which case the victim of the offense was less than 18 years of age. ill Sexual predator shall have the meaning ascribed to such term in Section 775.21 Florida Statutes. @ Temoorarv residence means a place where a person abides. lodges. or resides for a period of five (5) days or more in the aggregate. during any calendar year. and which is not the person's permanent residence. or place where a person routinely abides. lodges or resides for a period of five (5) or more consecutive or non-consecutive days in any month which is not the person's permanent residence. and which includes. motor vehicles trailers. mobile homes manufactured homes. vessels. Iive- aboard vessels. and houseboats. Section 1-18 - 21 Prohibitions and Exceptions ill A sexual offender or sexual predator shall not establish a permanent residence or temporary residence within twenty-five hundred feet (2500') of any public or private elementary. middle. or secondary school park or licensed child care facility. ill For purposes of determining the minimum distance separation. the distance shall be measured bv following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of the public or private elementary. middle. or secondary school. park or licensed child care facility. Underlined passages are added. 3 5tr~"I{ tl.rð~~I, passages are deleted. ill Exceptions. A sexual offender or sexual predator residing within twenty-five hundred feet (2500') of any public or private elementary middle. or secondary school. park or licensed child care facility does not commit a violation of this section if any of the following ~ {g) The sexual offender or sexual predator established the permanent residence prior to the effective date of this ordinance. (Q) The sexual offender or sexual predator was a minor when he or she committed the offense and was not convicted as an adult. W The sexual offender or sexual predator is a minor. (Q) The public or private elementarv middle. or secondary school. park or licensed child care facility within twenty-five hundred feet (2500') of the sexual offender's or sexual predator's permanent or temporary residence was opened and/or established after the person established the permanent or temporary residence. Section 1-18 - 22 Penalties A person who violates this section shall be guilty of a second-degree misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a term not to exceed sixty (60) days. or by both fine and imprisonment. PART B. . CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areaS of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstance, such holding shall not affect its applicability to any other person, property or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Underlined passages are added. 4 Str~ch tl ,I 6ljgh passages are deleted, PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect ,2008. PART G. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chairman Joseph E. Smith Vice Chair Paula A. Lewis Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx xxx xxx xxx XXX PART H. CODIFICA TION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED this day of .2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. 5 Str~dl thro~gh passages are deleted. \0/ AGENDA REOUEST ITEM NO. 6B3 DATE: July 8, 2008 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Donation of Right-of-Way Yorkridge Properties, Inc. 10 feet on Glades Cut-Off Road Resolution No. 08-212 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Site Plan for Centaur Manufacturing, was conditioned upon the dedication of an additional 10 feet of right-of-way on Glades Cut-Off Road to S1. Lucie County. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 08-212 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. [Xl APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: Approved 5-0 Dougl s M. Anderson County Administrator Review and Approvals [ ] Mosquito Control: [x] Public Works~' [x] Engineering: A1vp . [x] County AttomeY:')~/n9J'" [x] Originating Dept: J¡)\~ [ ] Road and Bridge: 9 PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 8, 2008 SUBJECT: Donation of Right-of-Way Yorkridge Properties, Inc. 10 feet on Glades Cut-Off Road Resolution No. 08-212 BACKGROUND: Centaur Manufacturing, owned by Yorkridge Properties, Inc., was requested to donate an additional 10 feet of right-of-way on Glades Cut-Off Road to St. Lucie County as part of their site plan approval in GM-07-029. Attached is a copy of the Warranty Deed for the mentioned right-of-way on Glades Cut- Off Road and Resolution No. 08-212 for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 08-212 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, 1\ II ( ~~., . i J'. , ,:;¡,L,h,..\A- -'-~1 (J:9Ann Riley [ Property Acquisition Manager is' "'~ ~ 'f;~ is' ~ó ..........-:==:::.-.._.-::..~, \, \ ;\,\~ ! \'\ ~ .\\\ ' '\':i, \'(1\ /./ /\ d\:'-"_ /::>,/' /// '\~, //; / \\\\. /</., \ oIQ /f/ / "1l ./'" \,,~ /. ! />, :/~' This Instrument was prepared by and should be returned to: W. Glenn Dempsey, Esq. Rogers, Dempsey and Paladino 505 S. r1agler Drive, Suite 1330 West Palm Beach, Florida 3340 I Property Control Numbers: 2431-701-0001-000/9 2431-701-0002-000/6 WARRANTY DEED THIS WARRANTY DEED is made this 17"'" day of June, 2008, by and between YORKRlDGE PROPERTIES, INC., a Florida eorporàtion (hereinafter called the "Grantor"), whose address is P. 0. Box 609521, Orlando, Florida 32860, to ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "Grantee"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982-5652. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their heirs, successors and assigns. ) WIT N E S 5 E T H: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain real property (the "Property") situated and being in 51. Lucie County, Florida, more particularly described as follows: The Southeasterly 10,00 feet as measured offset and parallel with the Northwesterly right of way line of Glades Cutoff Road of the following described properties: Two parcels of land lying in thc Southwest one-quarter of Section 31, Township 35 South, Range 40 East, St. Lucie County, Florida and being more particularly described as follows: Parcel A Commence at the Northwest corner of said Section 31; thence run S. 89" 47' 51" E. along the North line of said Section 31, for a distance of 2,598.21 feet to the West right-of-way line of Canal No. 99; thence run S. 0" ]4' 21" W. along the West right-of-way line of Canal No. 99 for a distance of 2,074.27 feet to the Northwesterly right-of-way line of Glades Cut-Off Road; thence run S. 44° 56' 07" W. along the Northwesterly right-of-way line of Glades Cut-Off Road for a distance of 2,589.04 feet to the Point of Beginning of said parcel of land; thence, continue S. 44° 56' 07" W. along the Northwesterly right-of-way line of Glades Cut-Off Road for a distance of 200 feet; thence, run N. 45° 03' 53" W. for a distance of 400 feet; thence, run N. 44° 56' 07" E. for a distance of 200 feet; thence run S. 45° 03' 53" E. for a distance of 400 feet to the Point of Beginning Parcel B Commence at the Northwest corner of said Section 31; thence run S. 89° 47' 51" E. along the North line of said Section 31, for a distance of 2,598.21 feet to the West right-or-way line of Canal No. 99; thence run S. 0° 14' 21" W. along the West right-of-way line of Canal No. 99 for a distance of 2,074.27 feet to the Northwesterly right-of-way line of Glades Cut-Off Road; thence run S. 44° 56' 07" W. along the Northwesterly right-of-way line of Glades Cut-Off Road for a distance of 2,789.04 feet to the Point of Beginning of the following described parcel of land; thence, continue S 44° 56' 07" W. along the Northwesterly right-of-way line of Glades Cut-Off Road for a distance of 108.90 feet; thence run N 45" 03' 53" W. for a distance of 400 feet; thence run N 44° 56' 07" E. for a distance of 108.90 feet; thence run S 45" 03' 53" E. for a distance of 400.00 feet to the Point of Beginning. Said parcels of land containing 123,569.97 square feet or 2.837 acres more or less. Said right of way parcel containing 3,090.43 squares feet or 0.071 acres more or less. TO HAVE AND TO HOLD, the same in fee simple forever. TOGETHER with all tenements, hereditaments and appurtenances, thereto belonging or in anywise appertaining. - 2 - THIS conveyance is expressly made subject to: 1. Ad valorem real estate taxes l'or the year 2008 and thereafter. 2. Zoning and/or restrictions, prohibitions and other n:quirements imposed by governmental authority. 3. Easements, restrictions, limitations and all other matters of record, without reimposing the same. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said Property in fee simple; that Grantor has good right and lawful authority to sell and convey said Property; and that the Grantor hereby fully warrants the title to said Property and will defend the same against the la\\ful claims of all persons whomsoever. IN W1TNESS WHEREOF, the Grantor has signed this Warranty Deed on the day and year first above written. Signed, sealed and delivered in the presence of: ¡ , YORKRIDGE PRo7E~.S' INC. 'I .y II. / , I ' / " By: ~ JAMES RSON, PreSIdent '/ ! '(t/(C[{ élcu{f "11 (Print Witness Name) 7µ;'/;~"f' )~1-;;C~"'~ (Signature) I (; , (Print Witn'éss Name) - 3 - STAlE OF FLORIDA ) ) s,s. COUNTY OF ORANGE) The foregoing instrument was acknowledged before me this ,'~ "-day of June, 2008, by JAMES HENDERSON, who is the President of YORKRlDGE PROPERTIES, fNe., a Florida corporation, and who is either personally knowl1 to me or who has produced his driver's license as identification. ./':~!'~~~ ,. ..... ~ )"'-~ '..\ '. ( "_. J,"" ,":#r,'" 1....... ¿f ~ 1 .\1!-1b Notary Public. State of Florida ;.}.}1r'WM?'!>r! \1J.1HI030W·v, ClJ;XIí.).tf j S3"!f-1X3 .::<;6DrJlJ ;',~ !'n~SSW'lf-Y {j:)l;i::iJ 31.\/1.£ "~;j"r. m"";;,, ì-'!,''')j~ '. -'~·w"t·· ~ ._~ '..j, My Commission Expires: WGD/Doc200g/Yorkridge Properties, Inc. . Warranty Deed - 4 - ~ ~ ~ ~ ~ c:s ~ ~ "'...I >- <í 3; ll... o f- I (') er:: -I W U a::: « Il. >- ~ u... o l- I (') a::: >- .....J er:: W f- Ul W 3; I f- er:: o z W I f- I I:=tii 3;w .....JF wO:: .....Jw .....JD.. <í0 0::0:: <íD.. 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FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 31662820210712008 at 11;40 AM OR BOOK 2935 PAGE 2828 - 2833 Doc Type: ORD RECORDING: $52.50 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 46 GM-07-029 SPMJ 06-023 AN ORDER GRANTING APPROVAL FOR A MAJOR ADUSTMENT TO A MINOR SITE PLAN TO BE KNOWN AS CENTAUR MANUFACTURING. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan approval submitted by Yorkridge Properties, Inc. and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Yorkridqe Properties, Inc. presented a petition for a Major Adjustment to a Minor Site Plan approval for the project to be known as Centaur Manufacturing for property located at 5520 Glades Cutoff Road, in the IH (Industrial Heavy Zoning District consisting of the following: 1) a 1,099 square foot, second floor addition; 2) the addition of 1 + acre bringing the total site acreage to 2.837; 3) 28 additional parking spaces creating a total of 63; 4) approximately 0.20 acre dry retention area; and 5) a total of 41 ,372 total square feet of pervious area 2. The Development Review Committee has reviewed the minor site plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 4. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design. site design, landscaping, and screening. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The project is to be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is File No,: SPMJ-06-003 December 7.2007 GM -07-029 Page 1 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 46 47 48 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 (D) of the S1. Lucie County Land Development Code, the proposed Minor Site Plan to be known as Centaur Manufacturing, is hereby approved as shown on the site plan drawing revision for the project prepared by T & M Design Architecture and Planning, Inc., dated September 28, 2007, and received by the St. Lucie County Growth Management Director on October 5, 2007, for the property described below, subject to the following conditions: 1. Prior to issuance of a Vegetation Removal permll, if inactive or active gopher tortoise burrows are confirmed on-site by ERD, the applicant shall obtain a relocation permit from FWC and provide a copy to ERD. 2. Prior to approval of a Notice of Vegetation Removal, the applicant shall provide ERD with all correspondence from applicable jurisdictional agencies regarding wetland delineation, allowed impacts, wetland quality, and required mitigation. Coordination with the jurisdictional agencies must be completed prior to approval of the Notice of Vegetation Removal. 3. Prior to approval of a Notice of Vegetation Removal, the applicant shall provide a revised landscape plan including new plantings that meet or exceed the minimum size and species diversity requirements. 4. The applicant, his successors or assigns, shall convey to 51. Lucie County, the southeast 10 feet of the subject property for additional right~f·way for Glades Cutoff Road. To the extent permitted under the County's Code and Complied Laws, any such dedication may be considered eligible for Road Impact Fee Credits. B. The property on which this Minor Site Plan is being granted is described as follows; LEGAL DESCRIPTION: TWO PARCELS OF LAND LYING IN THE SOUTHWEST ONE QUARTER OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED A FOLLOWS: PARCEL A COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 31; THENCE RUN S89°47'51"E ALONG THE NORTH LINE OF SAID SECTION 31, FOR A DISTANCE OF 2598.21 FEET TO THE WEST RIGHT OF WAY OF CANAL 99; THENCE RUN Soo14'21"W ALONG THE WEST RIGHT OF WAY OF CANAL 99 FOR A DISTANCE OF 2074.27 FEET TO THE NORTHWESTERLY WEST RIGHT OF WAY LINE OF GLADES CUTOFF ROAD; THENCE RUN S44°56'07"W ALONG THE NORTHWESTERL YWEST RIGHT OF WAY LINE OF GLADES CUTOFF ROAD FOR A DISTANCE OF File No,: SPMJ-06-003 December 7,2007 GM -07-029 Page 2 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 C. 33 34 35 36 D. 37 38 39 40 41 42 43 44 45 46 E. 2589.04 FEET TO THE POINT OF BEGINNING OF SAID PARCEL OF LAND; THENCE, CONTINUE S44°56'07''W ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF GLADES CUTOFF ROAD FOR A DISTANCE OF 200 FEET; THENCE RUN N45°03'53''W FOR A DISTANCE OF 400 FEET; THENCE RUN N44°56'07"E FOR A DISTANCE OF 200 FEET; THENCE RUN S45°03'53"E FOR A DISTANCE OF 400 FEET TO THE POINT OF BEGINNING. PARCEL B COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 31; THENCE RUN S89°47'51"E ALONG THE NORTH LINE OF SAID SECTION 31, FOR A DISTANCE OF 2598.21 FEET TO THE WEST RIGHT OF WAY OF CANAL 99; THENCE RUN Soo14'21''W ALONG THE WEST RIGHT OF WAY OF CANAL 99 FOR A DISTANCE OF 2074.27 FEET TO THE NORTHWESTERLY WEST RIGHT OF WAY LINE OF GLADES CUTOFF ROAD; THENCE RUN S44°56'07''W ALONG THE NORTHWESTERLY WEST RIGHT OF WAY LINE OF GLADES CUTOFF ROAD FOR A DISTANCE OF 2789.04 FEET TO THE POINT OF BEGINNING OF SAID PARCEL OF LAND; THENCE, CONTINUE S44°56'07''W ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF GLADES CUTOFF ROAD FOR A DISTANCE OF 108.9 FEET; THENCE RUN N45°03'53''W FOR A DISTANCE OF 400 FEET; THENCE RUN N44°56'07"E FOR A DISTANCE OF 108.9 FEET; THENCE RUN S45°03'53"E FOR A DISTANCE OF 400 FEET TO THE POINT OF BEGINNING. SAID PARCELS OF LAND CONTAINING 123,569.97 SQUARE FEET OR 2.837 ACRES, MORE OR LESS. (Tax ID #'s: 2431·701-0001·000/9 & 2431.701.0002.000/6) Location: 5520 GLADES CUTOFF ROAD. The approvals granted by this administrative order shall expire on December 6, 2008, unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the SI. Lucie County Land Development Code. The Final Site Plan approval granted under this order is specifically conditioned to the requirement that the petitioner, Yorkridge Properties. Inc., including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. A copy of this Order shall be attached to the site plan drawings described in Part A, File No.: SPMJ-06-003 December 7. 2007 GM -07-029 Page 3 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 3S 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan application. F. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 7th Day of December 2007. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA BY -Z~$£ Mark Salt ee, AICP Growth Management Director BY Ijs H:\PLANNING\Admin_SecICenlaur Manufacturing GM Order.doc File No.: SPMJ-06-003 December 7. 2007 GM -07-029 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Exhibit A 16 17 18 19 Certificate of Capacity 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 GM -07-029 Page 5 File No.: SPMJ-06-003 December 7,2007 CÒUNTY .'. FLORIDA CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 12/11/2007 Certificate No. 2703 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Major Adj to Minor SP add 1,099 SF - CENTAUR Number of units 0 Number of square feet 24124 2. Property legal description & Tax 10 no. 243170100010009;243170100020006 5520 Glades Cutoff Road Centaur Manufacturing Centaur Manufacturing 3. Approval: Building Permit Resolution No. GM-07-D29 Letter 4. Subject to the following conditions for concurrency: Owner's name Yorkridge Properties Ine Address PO Box 609521 Orlando FL 32860 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same operty, use and size as described herein. -.,,---.-. . Signed Date: 12/12/2007 Growth Management Director: St Lucie County, Florida Signed ~ / '" ~ll~L.R.IOCtL Concurrency Review by: Date: 12/12/2007 Wednesday, December 12,2007 Page 1 of 1 RESOLUTION NO. 06-375 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Warranty Deed is duly accepted on behalf of St. Lucie County this 8th day of July, 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:\ACQ\ WP\Right of Way Donations\Centaur Manufacturing\Resolution.wpd '~/ AGENDA REOUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: BACKGROUND: FUNDS A V AILABLE: PREVIOUS ACTION: Revocable License Agreement James & Becky Herrick 247 N.E. Mainsail Street River Park - Unit 9 - Part 'c' See Attached Memorandum N/A ITEM NO. 6B4 DATE: July 8, 2008 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Herrick to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney: i.~ ,,r !1 [x] Originating Dept:Jt\u.... Review and Approvals [x] Road and Bridge: "fë [x] Engineering: . i ~ .. Doug as M. Anderson County Administrator [x] Public WorkS:~' [] Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 8, 2008 SUBJECT: Revocable License Agreement James & Becky Herrick 247 N.E. Mainsail Street River Park - Unit 9 - Part 'C' BACKGROUND: J ames and Becky Herrick request permission to install a fence in the County's to-foot Drainage and Utility Easement at the rear of their property, and within the 6-foot Drainage and Utility Easement along the sides of their property in River Park. Staff has approved the License Agreement with the understanding if the encroachment cauSeS any flooding or utilities need to be installed Mr. & Mrs. Herrick must move the fence at their own expense. Mr. & Mrs. Herrick have signed this Revocable License Agreement with this understanding. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Herrick to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, Il .- Lì 'Í7 ¡\ ~t" llvv- Z~'-1 JdAnn Riley :( Property Acquisition Manager \."1) ",51 p>cø, ' n¡l\tAP>"; . "' _$1<00". \ " ' \ ···.....,,.-·····t"-· I James R Herrick am intending to erect a fence 5' 0" tall, At 247 N.E. Main sail st. Port St. Lucie 34983, & I am aware of the drainage & utility easement & I am willing to Remove, & (or) replace the fence at my expense , if any utility work needs to be done by FPL, Port St. Lucie City & (or) county. If you have any questions or concerns call me at 772-873-3276 or my cell 772-985-8153 I. : Date Lj / I {. / cB , . Thank you James R. Herrick ,./ r í -/ ~ 1/ ". A' A / I, ,I" X/ ~~ .' ( /i't..-t.-1/;'t', ./: ;/.// vI" *This instrument prepared by: Janet LiCausi under the direction of Daniel S, McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and JAMES R. HERRICK and BECKY ONEILL HERRICK. husband and wife~ whose address is 247 N,E. Mainsail Street, Port St. Lucie, FL 34983(the "Owner"). WHEREAS, the Ovmer owns the property described as follows: Lot11, Block 79, River Park Unit 9, Part "C", according to the Plat thereof, as recorded in Plat Book 15, at Pages 28,28A and 28B, of the Public Records of S1. Lucie County WHEREAS, the County is the owner of the property described as: A 10 foot drainage/utility easement, lying in the rear of Lot 11, Block 79, River Park, Unit 9 and a 6 foot drainage and utility easement along the sides of said parcel. WHEREAS, the O'WTIer has requested a Revocable License Agreement for a 5 foot high fence within the County's 10 foot and two 6 foot drainage/utility easements. WHEREAS, the County is willing to permit the Owner to encroach in the County's drainage/utility easement for the purpose of installing a 5 foot fence subject to the terms and conditions set forth in this Revocable License Agreement. The property owner verified that Port St. Lucie Utilities has easement in front of their property. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreemènt for the fence whlch will encroach within the drainage/utility easements. This Revocable License shall extend only to the referenced 5ft fence shall not extend to the construction and/or installatIon of any additional structures or utilitIes, 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to keep and maintain the fence in the County's drainage/utility easements. The owner agrees that if the County Engineer and/or Road and Bridge Division dcteffi1ine the fence is causing flooding or drainage probkms or other needs in the area and needs to be removed or relocated the owner will do so at the Owners sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes thc Owner keep the 5ft. fence in the County's drainage/utility easements. 4. The Owner shall maintain the drainage easements along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health Department Standards. The fence shall not interfere with County use ofthe easements and any damage to the County easements shall be repaired by Owner. 5, This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion ofthe County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment ofthe fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easements, if necessary. 8, The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unlcss otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of drainage/utility easements by the County or Utilities Department. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepmd) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner Mr. & Mrs. James Herrick 247 N.E. Mainsail Street Port St. Lucie, FL 34983 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreementthe Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resultmg in injury to persons or property, or loss oflife or property of any kind or nature whatsoever, sustained during Licensee's use of the property . 14, The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Fìorida, The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written, ATTEST: DEPUTY CLERK WITNESS: ~L.b,\.JLt ~-\.e/1 ~\(ee ~ 11q5lJL{- WitHeS!! .. ~ / ~;."' So ';, A.. '\~ -; Witness ~lZ.S$! i:...~fC¡ VI \,., n Ct.~_t~\J) Q.. ~~[d__lC~~ Witness \ AtL.\··)CCe &llV~ôhé'( WItness. . ~~ ""-. ~- -',r . ::::::,.~ .' Ii,''t'~) ,/,0 ... .... ~ , : ' ./" v, ~ I l ~ \ê: ::....;, " . :- ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY r; . . ~ '{ /" I I.l..~ g. <- ~; / / '.--. /j .: /'/ . .~ /~/Z,-YJ / i/Z / ¡t;þy [/'JAMES R. HERRICK t ; . ~~E û7\l;JD-&r0 uJ- BECKY 0 ILL HERRICK STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this:1':>~"t>\ay ofSIJ\..V\ e. 2008, by JAMES R. HERRICK and BECKY ONEILL HERRICK, his wife who produced ~ V<- (type of identification) and who did take an oath. ~f'C '-\ ~\¡ . "\ \ . \ ~ ~ "\j I ~,,)-\:, ~ t '\ .. 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'(-:'1':'~..-¡- " I I '.--'- ~ ~I I~ ~~ fdl<:¿µ " '~ u.ot I~ ~lli ~~I~ ,'t > 0 ~.B I~ ~ -'0, ~ Q<l I "~ è:; :Þ ~ " " r'1 V> '" -l-»r- IZOO ~ m-O(')-l -os:o~ C-l;:]J...... [D:;,,ºa:l C::ozr °oGlO ":;:J:;-\O rn.....o: g~-1'.O ::tlþ:::I:....... C1-lm~ 00"'0"'0< o¡;;>:!jJ "'T1m-lïJ (.to(J)-1þ :-IN:C:n room", -" C"-lmC ()OlOZ iñ>"'T1:::¡ n~·:;þ"~ °ocn-c ~ci5fg~ =<."'0"" ~ogq ¡--no" - o m ;J D i5 þ -ON o~ "'I" ~A " rl> "" n~ -~ "''' :'r -V> co.... "'''' ~6 ,. -"cr ¡ ~~ '" " /- 1< -,. ) ( ?--- \j\ OJ ~ ± \]I Q :;e: ¡;:¡ ~ , " III ~ -'" , 1- [f-I l 'f I :~ t-' 1....\ r- m Cl :Þ r- c m C/l C') ! "'CI ::! o ~ r {(Jf f nn r . t ~ ~ r ''Ì rf tf,.......... ! II if Q ¡ ~ /' " I ,.^ " ..- :~;:::",.~.. "'..¡:--'. .... r ....." ~..." """",,-,~ \ ~...., 3: ; ...... 1 "'<¡ ~ ::> < ~.;~~. \:<":. ~ -0 ~~.~~ \'" ~~ ! , , " .". , o n J> -i C Z h ~ l!I EXHIBIT -A- ,.. AGENDA REQUEST , ...-- ITEM NO. (PM DATE: July 8, 2008 REGULAR [ ] . PUBLIC HEARING [] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Mark Godwin Criminal Justice Coordinator SUBJECT: Approval of Budget Resolution NO.08-239 to the budget from the State (Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant). BACKGROUND: Please see attached Memorandum CA No. 08-1059. FUNDS AVAIL: Funds will be made available in 107206-2360-599330-200. State awarded $688,572 to the County over three years with $229,524 of that total grant amount being awarded beginning State fiscal year 2007-2008. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Budget Resolution No. 08-239 to budget the funds from the State (Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant). COMMISSION ACTION: [)CJ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dougl M. Anderson County Administrator [Xl County Attorney: :~ [ ] Road Ei Bridge,: Review and Approvals [x ]Management ft Budget: [ ) Parks Ei Recreation Director [ ]Purchasing: [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 .f' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 08-1059 DATE: July 8, 2008 SUBJECT: Approval of Budget Resolution from the State (Criminal Justice Mental Health and Substance Abuse Reinvestment Grant). **************************************************************************** BACKGROUND: The Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Award will give St. Lucie County the opportunity to enhance and expand initiatives that increase public safety, avert increased spending on criminal justice, and improve the accessibility and effectiveness of treatment services for adults and juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who are in, or at risk of entering the criminal or juvenile justice system. As a result of this grant award, the St. Lucie Mental Health Court can expand to meet the needs of citizens who have mental illness and who are in or at risk of entering the criminal justice system. Recommendation I Conclusion: Staff recommends the Budget Resolution be approved and will be applied through the State Grant for the expansion of the Mental Health Court Grant. Funds would be made available in 107206- 2360-599330- 200. Respectfully submitted, \ ~'1 . ,n ~ r(ll (~JJt'" Mark G d~n Criminal Justice Coordinator RESOLUTION NO. 08-239 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Mental Health and Substance Abuse Reinvestment Grant from the Department of Children and Families. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 8th day of July, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 107206-2360-334205-200 Department of Children and Families $229,524 APPROPRIATIONS 107206-2360-512000-200 107206-2360-540000-200 107206-2360-551200-200 107206-2360-554200-200 107206-2360-599330-200 Salaries Travel Equipment < $1,000 Training-Seminar Registration Project Reserve $ 156,592 $ 21,929 $ 14,125 $ 1,000 $ 35,878 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8th DAY OF JULY, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ --. v ITEM NO: C \ DATE: July 8, 2008 REGULAR [ 1 PUBLIC HEARING [ ] CONSENT [X] AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Debra Brisson, Director Parks & Recreation SUBMITTED BY: Parks & RecreationlFenn Center SUBJECT: Approval of Equipment Request No. 08-326 and Budget Amendment No. 08-029 to Purchase a Portable Stage for the Havert L. Fenn Center BACKGROUND: In the Fenn Center's FY 07-08 budget, $30,000 was budgeted in 001-7510-551200-700, Equipment < $1,000 to purchase a portable stage. The Finance Department has identified the stage as a capital equipment expense because the total cost for all components of the stage exceeds $2,500. As such, funds must be transferred into the Fenn Center's Capital Machinery & Equipment account 001-7510-564000-700 and the Board must also approve an equipment request. Approval of Budget Amendment No. 08-029 will transfer the funds into the appropriate account and approval of Equipment Request No. 08-029 will properly categorize the equipment as capital equipment. A formal bid was advertised in April and the Board awarded the bid to LR2, LLC on July 1,2008. The stage is made of aluminum 4' x 8' components and it can be configured into various sizes and shapes for use in the gymnasium and the multipurpose rooms. The stage will be available for county programs and can be rented for events at the Fenn Center. PREVIOUS ACTION: Please see background. FUNDS A V AILABLE: 001-7510-564000-700 (Fenn Center, Machinery and Eqt1ipment) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Equipment Request 08-326 and Budget Amendment 08-029 for the purchase of a portable stage for the Havert L. Fenn Center in the amount of $28,780. [X¡ APPROVED [ ] OTHER: [ ] DENIED CO;¿¡' Douglas M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 ^>slCounty Attoniey: ~ Originating Dept: Rev;... and A..rov~ Mgt & Budget:~ rn Purchasing: ;J.';?'" Other: Other: ~. ..,....,. -"I 6-._~ . .~ ,. ... '\ Parks & Recreation Department 2300 Virginia Avenue Ft. Pierce, FL 34982 MEMORANDUM DATE: TO: July 8,2008 Board of County Commissioners Debra Brisson, Director &J-- Agenda Item C - Approval of Equipment Request No. 08-326 and Budget Amendment No. 08-029 to Purchase a Portable Stage for the Havert L. Fenn Center FROM: RE: In the Fenn Center's FY 07-08 budget, $30,000 was budgeted in 001-7510- . 551200-700, Equipment <$1,000 to purchase a portable stage. The Finance Department has identified the stage as a capital equipment expense because the total cost for all components of the stage exceeds $2,500. As such, funds must be transferred into the Fenn Center's Capital Machinery & Equipment account 001-7510-564000-700 and the Board must also approve an equipment request. Approval of Budget Amendment No. 08- 029 will transfer the funds into the appropriate account and approval of Equipment Request No. 08-029 will properly categorize the equipment as capital equipment. A formal bid was advertised in April and the Board awarded the bid to LR2, LLC on July 1, 2008. The stage is made of aluminum 4' x 8' platforms. It can be configured into various sizes and shapes for use in the gymnasium and the multipurpose rooms. The stage will be available for county programs and can be rented for events held at the Fenn Center. ;,.;r- 'll " BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation· Fenn Center PREPARED DATE: 6/9/2008 AGENDA DATE: 7/8/2008 FROM: 001-7510-551200-700 E ui men! < $1000 $28,780 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: nla n/a nla £fir- DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA08-029 DEPARTMENT: DIVISION: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007·2008 PARKS AND RECREATION FENN CENTER I SPECIAL NEEDS SHELTER RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED In the FY 07-08 budget, $30,000 was approved to purchase a portable stage for the Fenn Center. The stage is made up of 4ft. X 8 ft. sections along with either 24" legs or 32" legs and chair rails. It will be used in the gymnasium, for the most part, but could also be used in the multi-purpose rooms. Since it is in sections, the stage can be configured in a variety of sizes. It will also be available for rental. Funds are currently budgeted in the Equipment under $1000 account in the Fenn Center operating budget, however in its entirety, the stage is considered to be capital equipment. Because it was not originally approved as capital equipment, Board approval is needed at this time in order to proceed with the purchase. The actual cost for the equipment is $28,780. EQUIPMENT REQ#: EQ08-326 ACCOUNT#: 001-7510-564000-700 , - -¡" Page1 ~(6/6/2008) Patti Raffensberger - LR2, southern alum, stlucie county Final.xls LR2,lIc 909 WATERSIDE LANE SUITE#105 CELEBRATION, FL 34747 P: 407-952.Q445 F: 407·56~123 PROPOSAL NAME PAlTlE RAFFENSBER9ER_. . !õT. LUCIE COLJ.NTY_ . 6/5/08 DATE CITY PHONE FAX STATEFL ZIP FOB DEUVEREp~ OTY DESCRIPTION UNIT PRICE TOTAL MANUFACTURER: SOUTHERN ALUMINUM ~ STAGE DIMENSION: 24' x 40' "'" 30 MODEL #54896·6· AWMINUM STAGE DECK ~ . "-v--lJ,.~. $ 688.00 $ 20.640.00 NON-SKID SURFACE (t.r . .?f'P;. C 30 MODEL #SQINSERT24-6. 6 LEGS @ 24"H 'r {L\~~i $ 90.00 $ 2,700.00 30 MODEL #SQINSERT32-6. 6 LEGS @ 32"H $ 1 06.00 $ 3,180.00 20 MODEL#SCS-48, 48" CHAIR STOP, MAlTE BLACK $ 47.00 $ 940,00 ./ 3 MODEL#SCARKIT - CONVERSION KIT $ 348.00 $ 1.044,00 ::ONVERTS ONE DECK INTO FLAT LOADING CART 10 DECK CAPACITY NCLUDES CASTERS AND BINDING STRAPS APPROVED BY: pATE: pLEASE SIGN AND FAX TO US. . IADD TAXES IF APPLICABLE . '528504,00 FREIGH '5 1 320,00 I LUI'R~ I $ 29824,00 LR2.LLC THANK YOU. -fpj', L/~t> .ll. t3:fC __ II ___- -- (l 1)(3 / 'hD AGENDA REQUEST ITEM NO. C-2 DATE: July 8,2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debra Brisson, Director Parks & Recreation SUBMITTED BY: Parks & Recreation/Fenn Center SUBJECT: Approval of Equipment Request # 08-327 to Purchase a Scorer's Table for The Havert L. Fenn Center Gymnasium BACKGROUND: Staff is requesting approval of Equipment Request # 08-327 in the amount of $2,495 to purchase a scorer's table for the gymnasium at the Havert L. Fenn Center. The table will be utilized at basketball games in conjunction with the permanent scoreboards. It provides an area for the officials who are scoring and running the time clock for games. Because the table was not approved as a capital purchase in the Fenn Center's FY 07-08 budget, Board approval is needed at this time. Funds are available as a result of savings from other purchases in account 001-7510-564000-700, Fenn Center Machinery & Equipment. FUNDS AVAILABLE: 001-7510-564000-700 (Fenn Center, Machinery and Equipment) RECOMMENDATION: Staff recommends Board of County Commissioners approval of Equipment Request# 08-327, for the purchase of a scorer's table for the Havert L. Fenn Center Gymnasium in the amount of $2,495. Dt APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Dougl s M. Anderson County Administrator ttss"county Attorney: Originating Dept. Review and Approvals Management & BUdget~purchaSing:';;::;;'-/ Other: Other: Parks and Recreation Department Memorandum To: Board of County Commissioners Debra Brisson, Director ~ From: Subject: Agenda Item - C-2: Approval of Equipment Request #08-327 to purchase a scorer's table for the Havert L, Fenn Center Date: June 13, 2008 Staff is requesting approval of Equipment Request # 08-327 in the amount of $2,495 to purchase a scorer's table for the gymnasium at the Havert L. Fenn Center. The table will be utilized at basketball games in conjunction with the permanent scoreboards. It provides an area for the officials who are scoring and running the time clock for games. Because the table was not approved as a capital purchase in the Fenn Center's FY 07-08 budget, Board approval is needed at this time. Funds are available as a result of savings from other purchases in account 001-7510-564000-700, Fenn Center Machinery & Equipment. DB: em Attachment cc: D. Anderson, County Administrator L. Lowery, Assistant County Administrator Chron Fi Ie · " ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: PARKS AND RECREATION RECOMMENDED: X YES NO REVISED JUSTIFICATION: Staff is requesting to purchase a scorer's table for the new gymnasium at the Havert L. Fenn Center. The table would be used to keep track of scoring and possession of the ball, or instrument of play for indoor competitions or tournaments. The model requested is a bleacher model, meaning it sits on the floor in front of a bleacher and the officials sit on the bleachers, which takes up less floor space, County staff can utilize it for in-house activities, high schools could use it if they had activities; or, it could be rented to a group who might also rent the gymnasium. This equipment would be needed for any sanctioned high school or college event and would be used in conjunction with the permanent scoreboards in the gym. Because the table was not approved as a capital purchase during the FY 07-08 budget process, Board approval is required at this tim.e. Funding is available as a result of savings from other purchases. EQUIPMENT REQ#: EQ08-327 ACCOUNT#: 001-7510-564000-700 )y' AGENDA REQUEST ITEM NO: Dl DATE: July 8, 2008 Regular[ ] Public Hearing [ ] Consent [X] TO: Board of County Commissioners PRESENTED BY: Stefanie Myers,þ Assistant Directór SUBMITTED BY: Community Services SUBJECT: Approve purchase of an LCD projector and laptop computer for the Community Services Department, using grant funds. BACKGROUND: For the past two years, Community Services had maintained a contract with St. Lucie INTACT to provide program and case management services. These services often require presentations to organizations to inform them about INTACT programs as well as the provision of education on recovery, mitigation, and preparedness to residents and volunteers. FUNDS AVAIL: 001424-6420-564000-600 (Department of Financial Services-Machinery & Equipment) PREVIOUS ACTION: On September 11, 2007 the Board approved an amendment to the contract with ST. Lucie INTACT for $135,000 to continue providing recovery and mitigation services to County residents. RECOMMENDATION: Approval of Equipment Request #EQ08-333 and Budget Amendment BA# 08-032 for an LCD projector and Computer. COMMISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas M. Anderson County Administrator County Attorney: x 0~ ~(f'> Originating Department: ~ purChaSing:~ Other Other: Finance: x Check for copy only, if applicable · v COMMUNITY SERVICES MEMORANDUM #08-199 TO: Board of County Commissioners j Stefanie Myers, Assistant Directo~ Equipment Request June 27, 2008 FROM: SUBJECT: DATE: For the past two years, Community Services had maintained a contract with St. Lucie I.N.T.A.C.T. to provide program and case management services. On September 11, 2007 The Board approved an amendment to the contract with St. Lucie I.N.T.A.C.T. for $135,000 to continue providing recovery and mitigation services to County residents. Through this contract, I.N.T.A.C.T. has been able to provide residents with repairs to their homes from hurricane damage, as well as mitigation services to low income homeowners under the My Safe Florida Home program. These services often require presentations to organizations to inform them about I.N.T.A.C.T. programs, as well as the provision of education on recovery, mitigation, and preparedness to businesses, residents and volunteers. Grant funders also require formal presentations to the community and advisory boards illustrating successful outcomes, fund leveraging, and clients served. The INTACT contract and grant funding through the My Safe Florida Home Program provides for the purchase of equipment needed to support the organization mission and enable community outreach for the mitigation program. In order to provide more professional outreach and education to the community, as well as ensure funder reporting satisfaction, it is requested that the Board allow utilization of grant funds to purchase a laptop computer and projector. The laptop will also allow staff to complete applications, register residents in assistive programs, and more effectively track service information at off-site locations. In addition, it could also be utilized for resident registration following a disaster to more easily identify those who will need long term recovery assistance. STAFF RECOMMENDATION: Staff recommends that the Board approve Equipment Request number #EQ08-333 for the purchase of an LCD projector and laptop computer for Community Services in support of the contract with St. Lucie INTACT. Thank you for your assistance. C: Beth Ryder, Director ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 APPROVED: X YES NO NO REVISED DEPARTMENT: DIVISION: COMMUNITY SERVICES RECOMMENDED: X YES JUSTIFICATION: The laptop and LCD projector will be purchased with grant funding available through a contract with INTACT. The equipment will be used to educate the community about available programs and resources. It will also be used as a leveraged resource to reque EQUIPMENT REQ#: EQ08-333 ACCOUNT#: 001424-6420-56400-600 l BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Community Services PREPARED DATE: 6/30/2008 AGENDA DATE: 7/8/2008 FROM: 001424-6420-599330-600 Project Reserves $2,735 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: n/a n/a n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA08-032 5i:-'/.~&'~~ Information Technology b. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE IT Q t FORT PIERCE, FL. 34982 UO e Phone (772) 462-1681 Fax: (772) 462-1443 Date Quote I Work Order # 06/02/2008 10477 5' NAME I DEPARTMENT VENDOR INFORMATION Stefanle Marks Myers Community Services 772-462-1176 Dell Computer Corporation Shannon Mueller One Dellway RR2E, Box 4 Round Rock, TX 78682 Phone: 800-981-3355 Fax: 800-433-9527 Product Description Part No. Quantitv Price Extended Dell 2400MP Proiector 1 1,077.00 1,077.00 IoJOTES: I I Sub Total $1,077.00 Shipping Price $0.00 Price Adjustment $0.00 Total $1,077 .00 The goods and/or services as quoted hereon have been requested in the quanity and quality stated. Quotes are valid for 30 days unless othewise stated. QUOTE VALID UNTIL 07/02/2008 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: 0 Denied: 0 Authorized Signature Date Please sian both eooies aECEHJ 0 BV JUN 0 4 2008 .-'..',-"...., romm"oitv S4itr~'1l '~l' ., - ,"",-. ~ $'t:' .i~ &,~ ~ Information Technology ~"= BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Phone (772) 462-1681 Fax: (772) 462-1443 Date Quote / Work Order # 06/02/2008 10477 5' / NAME/DEPARTMENT '\ VENDOR INFORMATION Stefanie Marks Myers Community Services 772-462-1176 Dell Computer Corporation Shannon Mueller One Dellway RR2E, Box 4 Round Rock, TX 78682 \.. Phone: 800-981-3355 Fax: 800-433-9527 ./ Product Description Part No. Ouantitv Price Extended Dell 2400MP Proiector 1 1,077.00 1,077.00 NOTES: I I Sub Total $1,077.00 Shipping Price $0.00 Price Adjustment $0.00 Total $1,077.00 The goods and/or services as quoted hereon have been requested in the quanity and quality stated. Quotes are valid for 30 days unless othewise stated. QUOTE VALID UNTIL 07/02/2008 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved 0 Denied: 0 Authorized Signature Date Please sign both copies It,,.. 11', \'- 3' ....... """~ ft, it ,\, '~ 5f:J.~tJø~~ information Technology 2:..,.", BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Phone (772) 462-1681 Fax: (772) 462-1443 Date Quote / Work Order # 06/03/2008 104774 NAME / DEPARTMENT VENDOR INFORMATION Stefanie Marks Myers Community Services 772-462-1176 Dell Computer Corporation Shannon Mueller One Dellway RR2E, Box 4 Round Rock, TX 78682 Phone: 800-981-3355 Fax: 800-433-9527 Product Description Part No. Ouantity Price Extended Dell D630 Laotop with Adobe 8 Pro. 1 1,653.54 1,653.54 OTES: Sub Total $1,653.54 Shipping Price $0.00 Price Adjustment $0.00 The goods and/or services as quoted hereon have been requested in the quanity Total $1,653.54 and quality stated. Quotes are valid for 30 days unless othewise stated. OUOTE VALID UNTIL 07/03/2008 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: 0 Denied: 0 Authorized Signature Date Please sian both cODies nCE!VfEb BY 4UN a 4 2.008 ;fO","-r1''1 >:,:·\"t\f~!~ X.'~ .,' I \. '. . 5t; -'~ tfc~~ Information Technology ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Phone (772) 462-1681 Fax (772) 462-1443 Date Quote / Work Order # 06/03/2008 104774 ~ "'\ /' NAME/DEPARTMENT VENDOR INFORMATION Stefanie Marks Myers Community Services 772-462-1176 Dell Computer Corporation Shannon Mueller One Dellway RR2E, Box 4 Round Rock, TX 78682 '- Phone: 800-981-3355 Fax: 800-433-9527 / Product Description Part No. Ouantity Price Extended Dell D630 LaotoD with Adobe 8 Pro. 1 1,653.54 1,653.54 NOTES: I I Sub Total $1,653.54 Shipping Price $0.00 Price Adjustment $0.00 Total $1,653.54 The goods and/or services as quoted hereon have been requested in the quanity ¡and quality stated. Quotes are valid for 30 days unless othewise stated. I QUOTE VALID UNTIL 07/03/2008 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: D Denied: D Authorized Signature Oate Please siQn both eooies - ftECElVED BY JUN 0 4 2008 .'l/-o". COflll'!i"fm.mínl $.i.nrk:;$t If I It L i /, \ l ' 'I I '_-" \ \_.A",. .. \~ l.- EQUIPMENT PURPOSE Scope: Define the purpose of the equipment and its impact to the service organization. Department: C (ì rY\ (Y '-U ~". .~ ~( j ~ l. ,,-,!~ Submitted by: Sk ~ QV\.1.. ~. rv-\\.....( eJ .5 \ Equipment to be purchased: L- CLp tu (~ Location: G ~\..U./l·A__ Ä.1 ! Date: G/lo/OX /\-)/(-¡ i ¡) J' }-c"')(/ . )' " "--' "--' r I '.) ç.( Ji C~.;... I/)/!' I A "'", Purpose: to- w J) \X.U Ú 1'\~ CL-<:::; Print Form '" AGENDA REQUEST ITEM NO: D.J. DATE: July 8, 2008 Regular [ ] Public Hearing [ ] Consent [X] TO: Board of County Commissioners PRESENTED BY: Stefanie MyerS,~ Assistant Director SUBMITTED BY: Community Services SUBJECT: Acceptance of Modification #1 and approval of Budget Resolution #08-220 to encumber and expend additional allocated funds in the amount of $2,960.00 as per contract CO?-08-51? (Community Services Block Grant) with the Florida Department of Community Affairs. BACKGROUND: See attached Memo 08-192. FUNDS AVAILABLE: 001195-6420-331691-600 (Department of Health & Human Services PREVIOUS ACTION: The Board of County Commissioners approved submission of the application on August 28, 200TandapprovedsubrrÜssion of the Modification April 22, 2008. RECOMMENDATION: Staff recommends acceptance of Modification #1 and approval of Budget Resolution # 08-220 and authorization for the Chair or designated representative to sign all necessary documents. (Xj APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCU~: ¿ OÓuglas . Anderson -,. County Administrator COMMISSION ACTION: County Attorney: x ¡)~ ~~ Originating Department: CoordinationlSillnatures Management & BUdget~ Other - tJ Purchasing: Other: Finance: x Check for copy only. if applicable y COMMUNITY SERVICES ... . .. .. -, . MEMORANDUM #08-192 TO: Board of County Commissioners FROM: Stefanie Myers, Assistant Director ~. Acceptance of Modification #1' and approval of Budget Resolution #08-220 to encumber and expend additional allocated funds in the amount of $2,960.00 as per contract C07 -08-517 (Community Services Block Grant) with the Florida Department of Community Affairs. SUBJECT: DATE: July 8, 2008 The Florida Department of Community Affairs has allocated additional funds that were unexpended from the FY06/07 allocation to all the Community Action Agencies in the State. The allocation for FY076/08 was $284,464. This year the Treasure Coast Community Action Agency is receiving a base increase of $1,551 and carryover funds from FY06/07 for an additional $1,409($830 to St. Lucie County, $1,475 to Martin County and $665 to Okeechobee County), bringing the total for FY07/08 to $288,424. Funds for St. Lucie County will be used to assist with eligible clients with educational programs. Martin County will utilize their funding to provide rent, mortgage or utilities payment assistance to prevent eviction or termination of services. Okeechobee County will provide homemaking, personal care and respite care services to senior citizens with their funding. Recommendation: Staff recommends Acceptance of Modification #1 and approval of Budget Resolution #08-220 to encumber and expend additional allocated funds in the amount of $2,960.00 as per contract C07-08-517 (Community Services Block Grant) with the Florida Department of Community Affairs. · RESOLUTION NO. 08-220 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a increase in costs that may be incurred from the Department of Community Affairs. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 8th day of July, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 001195-6420-331691-600 Department of Health and Human Services $2,960 APPROPRIATIONS 001195-6420-534000-600 Other Contractual Services $2,960 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8th DAY OF JULY, 2008. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: ATTEST: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor THOMAS G. PELHAM Secretary nCEIVED BV MEMORANDUM TO: St. Lucie County Board of County Commissioners JUN 2 5 2008 FROM: Hilda Frazier, Planning Manager tJ1t.- Community Assistance Secti~1 ~LC Cotmaunity Servic" SUBJECT: FY 2008-2009 Community Service Block Grant Modification DATE: June 23, 2008 Your FY 2008-2009 Community Service Block Grant (CSBG) modification has been approved. Attached is your copy of the approved modification. Should you need additional assistance or information, please contact your financial specialist at (850) 488-7541. HF/rw Attachments 2555 SHUMARD OAK BOULEVARD 0 TAllAHASSEE, FL 32399-2100 850-488-8466 (p) 0 850-921-0781 (f) 0 Webslte: www.dca.state.fl.us G COMMUNITY PlANNING 850-488-2356 (pJ 850-488-3309 In G G HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (PI 850-922-5623 (ß G ~' CO?\'TRACT 1\0: 08SB-61-12-00-01-017 MODlflCA TIOì'\ NO: MODIFICATION Of AGREEMENT BETWEEN FLORIDA DEPARTMENT Of COMMlJ'.¡rTY AFFAIRS Al'<D SI. Lucie County Board of County Commissioners This Moditication is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department"), and the St. Lucie County Board of County Commissioners the ("Recipient") to modify DCA Contract Number 08SB-61-12-00-01: 027 ("the Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a sub-grant of $285.464 to the Recipient; and NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: I. Paragraph (17)(a) Funding Consideration, is hereby modified to read as follows: (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $288.424, subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur costs in an amount not to exceed $239,611 until further notification is received by the Department. As funds and budget authonty are available, changes to the costs the Recipient may incur will be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested, to the Recipient's contact person identified in Attachment A, Recipient InformatlOn. The tcrms of the Agreement shall be considered to havc been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from the Department. This revised contract amount includes: A. $285,464 B. $ 1,551 C. S ] ,409 D. $288,424 Current CSBG Allocation Base Increase Carryover Funds Total (FY 2007-2008) (FY 2007-20(8) (FY 2006-2007) (Amended CSBG Allocation) 2. If applicable, Attachment A, Recipient Information, Attachment B-1, Budget Summary, Attachment B-2, Sub-Recipient Infonnation, Attachment B-3, Budget Detail, Attachment B-4, Secondary Administration and Attachment C, Scope of Work/Workplan are hereby deleted in their entirety and replaced with Amended Attachment A, ReCipient Information, Amended Attachmem 8-1, Budget Summary, Amended Attachment B-2, Sub-Reclpit:nt Iniormation, Amended Attachment B-3, Budget Detail, Amended Attachment B-4, Secondary Administration and Amended Attachment C, Scope of Work/Workplan are attached hereto and incorporated herein by reference. J. All provisions of the Agreement being modified and any attachments thereto in connict with this Modification shall be and are hereby changed to conform with this Modificatioll, etTective as of the date of the last executlOll of this Modification by both parties. 4. All provislOns not m contliet with this ModlÍication remain in full force and effect, and are to be perfomled at the level spec1fìed in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein, RECIPIENT STATE OF FLORIDA DEPARTMENT OF CO, / / ;' / i)i i¡;/t ¡ \. '-~....... By:" . Ja~ owning, Director ¡/ qivis' n of Housing and C~ l/ evelopment :- &JLO/D( I , ;NITY AFFAIRS Date:~Oß 5 q ~ (v(xJo <;!:<.., 'S Federal Identification Number Date: APPROVED AS TO FORM AND CORRECTNESS: ~. ~ (\- COUNl¥ÃnORNEY ArrEST: CSBG MODIFICATION AMENDED ATTACHMENT A - RECIPIENT INFORMATION FEDERAL FISCAL YEAR: 2008 CONTRACT PERIOD: October 1.2007 to September 30.2008 1. RECIPIENT: St Lucie County Board of County Commissioners 2, COUNTIES TO BE SERVED WITH THESE FUNDS: 1 St. Lucie 2 Martin 3 Okeechobee 4 5 6 7 8 9 10 3. GENERAL ADMINISTRATIVE INFORMATION A. Agency Head (Executive Director or Department Administrator) Name: Beth Ryder Title: Community Services Director Street Address: 2300 Virainia Ayenue County: St Lucie City: Fort Pierce ,FI Zip Code: 34982 Telephone (772) 462-1777 Fax (772) 462-1703 E-Mail: MAILING ADDRESS (IF DIFFERENT FROM ABOVE) Address: 437 North 7Ut Street City: Fort Pierce ,FI Zip Code: 34950 B. Chief Elected Official for Local Governments or President/Chair of Board for Nonprofits (Home or business address other than agency address.) Name: JoseDh E. Smith Title: Chainnan. St. Lucie Countv SOCC Street Address: 2300 Virainia Avenue County: St Lucie City: Fort Pierce , FI Zip Code: 34982 Telephone (772) 462-1410 Fax (772) 462-2131 E-Mail: C. RECIPIENT CONTACT PERSON/PROGRAM COORDINATOR Name: Stefanie Myers Title: Community Services Assistant Director Street Address: 2300 Virainia Avenue County: 8t Lucie City: Fort Pierce , FI Zip Code: 34982 Telephone (772) 462-1777 Fax (772) 462-1703 E-Mail: D. WARRANT OFFICER (OFFICIAL TO RECEIVE STATE WARRANT) Name: Ron Bowman Title: Accounts Payable/Contracts & Grants Supervisor Address: 2300 Virainia Avenue City: Fort Pierce, Fl Zip Code 34982 County S1. Lucie Telephone (772) 462-1492 Fax (772) 462-1614 E-Mail: E. FINANCIAL CONTACT PERSON Name: Karen Scott Title: Community Services - Executiye Assistant Street Address: 2300 Virainia Ayenue County: St Lucie City: Fort Pierce ,FI Zip Code: .Mm Telephone (772) 462-1777 Fax (772) 462-1703 E-Mail: F. PERSON(S) AUTHORIZED TO SIGN FISCAL REPORTS: 1. NamelTitle: Beth Ryder - Community Services Director 4. SUB-RECIPIENT INFORMATION These funds will be transferred to one or more Sub-Recipients: Yes XX No For each Sub-Recipient, attach a copy of Attachment B-2, Sub-Recipient Informat¡;- 5. AUDIT: Recipient Fiscal Year: October 1.2007 to September 30, 2008 Audit is due nine months from the end of the recipient's fiscal year: Date Audit will be submitted to DCA: June 3D, 2009 CSBG MODIFICA nON AMENDED ATTACHMENT B-1 BUDGET SUMMARY RECIPIENT: St Lucie County Board of County Commissioners CONTRACT: 08SB-6I-00..o1-027 REVEUE SOURCES PERCENT MATCH TOTAL !\(,T[ ..' . .' - ROl.lnd ¡.lJ tlg:U1EPS uP to Ihe r..e:U.,..l dDH..r 1 CSBG Grant Funds 573.888.00 . - Provide a omUfTlum of !''/" Cash Matr:h and 2 Cash Match 1% 5.769,00 2Ú% Total Match 3 In-Kind Match 9%. 51.916.00 4 TOTAL MATCH (Line 2 + 3) 10% 57,G85.00 ~ 00 ¡"¡ot under match , 9Q¡1, ':ash Match's . un;:¡cceprnble 5 TOTAL FUNDS (Line 1 + Line 4l 631,573.00 Match amounts mus.t agree wItt'. tl~e amsrrdt1d '. totais n~fl!.'cted on am ModlflcaTlon ewer Põtge A B C D E F CSBG FUNDS ONLY Last Proposed Carryover TOTAL EXPENSE CATEGORY Approved Budget .. from CSBG FUNDS Cash and (!nclude Base Budget In'Crea5e) 2006-2007 (CoI C+ Dì In-Kind Match TOTAL CSBG FUNDS 285,464.00 287.015,00 1.409.00 573,888.00 57,685.00 ADMINISTRA 71\IE 6 RECIPIENT 500.00 500.00 500.00 100.00 _ _ J?~~r!"!:,, _F~n.g_e"-~,,n-!,. ~~i!!!,~,~!,_e.1_ _ __ ---------- ---------- 1----------- -------- -- ---------- 7 SUB-RECIPIENT 0.00 ,Salarie<> + Fringe, Rent, Utilitiee, Other) 8 TOTAL ADMINISTRATIVE 500.00 500,00 0.00 500,00 100.00 (Line 6 + Line 7) . ADMINISTRATIVE EXPENSE PERCENT " 9 0.02% VALUE IN BC MAY NOT EXCEED 15".. OF CELL 1aC ¡¡CeIlBC divided by cell1BC) x 100) PROGRAM 10 RECIPIENT DIRECT CLIENT 111,""7,00 112,497,00 0.00 112,497.00 ASSISTANCE EXPENSES ---------- ----.- ------- ---- --- ------- -- ---------- ----------- -------.---- 11 RECIPIENT OTHER PROGRAM EXPENSE 40,556.00 40,556.00 0,00 40,556.00 (Salaries + Fringe, Rent, Utilities. Other) 12 SUBTOTAL RECIPIENT PROGRAM 152,223.00 153,053.00 0.00 153,053,00 30,611.00 EXPENSE (Line 10 + Line 11) 13 SUB-RECIPIENT DIRECT CLIENT 132,741.00 133,462.00 1,409.00 134,871.00 26,974.00 ASSISTANCE EXPENSES - - - - - -- --- --- --.- -- - -- - - - - -- --- --------- - ---------- ---------- ------------ 14 SUB-RECIPIENT OTHER PROGRAM 0.00 EXPENSE \Sal.ni~ ... Frmge, Rp.r¡I, l¡tirities. ~1f11er) 15 SUBTOTAL SUB-RECIPIENT PROGRAM 132,741.00 133,462,00 1,409.00 134,871.00 26,974.00 EXPENSE (Line 13 + Line 14) - 16 TOTAL PROGRAM 284,964.00 286,515.00 1,409,00 287,924.00 57,585,00 (Line 12 + Line 15) 17 SECONDARY ADMINISTRATIVE 0.00 EXPENSES --- I I 18 GRAND TOTAL EXPENSE 285.4G4,00 287,015,00 1,409.00 288,424.00 57.G86,00 ~~e8+L~e16+L~e1ry ------- 'THE AMOUNT IN CELL 80 CANNOT eXCeED THE WIlSPENT ADMINISTRATIVE BALANCE FROM YOUR FY 2005-2006 CONTRACT CLOSE..oUT, "*Make desired adjustments to last approved CSBG budget and include base increase amount in Column C. CSHe MOnlFICATlON AMENDED ATTACHMENT 8-3 RUDCET DETAIL Page _ of___ ST Ll'ClE COUNTY IŒVISFD OÚ'¡¡<¡!08 BlJOGET GOAL, BL1[)GETED LINE ITEM Ol'TCOME, EXPENDITURES Nl'MBER INDICATOR CSBG CASH IN-KIND FUNDS MATCH' MA TCH' 6 ADMINISTRATIVE EXPENSES Recipient Expense Salaries· Assistant Community Services Director 619.7 hrs X $27.61/hr = $17,110 17,110 FICA. FICA Mand, Retirement. Group Health Insurance, Insurance Administration Fee, Life Insurance, Worke,'s Compensation, Unemploymeìrt Compensation 10,529 $17,110 X 61.54% = $10,529 Match Source - St Lucie County BOCC Balance 01 salary paid by St Lucie County BOCC 6 Utilities - 437 North 7th Street 3,072 Match Source - St Lucie County BOCC 6 Travel 500 TOTAL RECIPIENT ADMINISTRATIVE EXPENSES ªºº 3.072 27.639 PROGRAM EXPENSES DIRECT CLIENT SERVICES 10 1.2-A Approximately 10 clients will be assisted with approximately $1,000 lor tuition, books and supplies necessary to obtain a 10.000 technical certificate or degree required fo, employment and Including child care services In order to attend classes. 10 6.2H Approximately 10 clients will receive approximately $300 Disaster Rellel assistance lor food, clothing and/or transportation. 3,000 Approximately 5 clients will receive bus passes of approximately 10 1.2F $25/month lor two (2) months lor t,ansportatlon to employment. 250 10 6,2-A Approximately 30 clients will receive approximately $833.33 In 25,000 senilces lor Meals on Wheels. 10 6.2-B2 Approximately 10 clients wIll receive approximately $500 assIstance 5,000 for utility/water payments and or deposits. 10 6.2-B Approximately 25 clients will receive approximately $569,88 14,247 assistance lor 'ent/mortgage payments and/or rent deposIts. 10 6.20 Approximately 10 clients will receive approximately $500 assistance 5.000 with prescriptive medications 10 6.3-B5 Approximately 20 clients will receive scholarships of approximately 20,000 $1,000 to the Boys and Girls Club after-school programs 10 6,3-A2 Beck·Pack Program with the Treasure Coast Food Bank will provide 20,000 weekend meals fo, families receiving free school lunches 10 6.3-B PACE Centar for Girls, Treasure Coastlnc will receive lundlng to 10,000 assist clients with life management skills courses, parenting classes and student volunteer services projects OTHER PROGRAM EXPENSES 11 Salaries - Communltv Services Technician III 25.106 1155.36 hrs X $21.73/hr = $25,106 FICA, FICA Mand, Retirement, Group Health Insurance. Insurance 15,450 Administration Feet Life Insurance, Worker's Compensation, Unemployment Compensation $25,106 X 61.54% = $15,450 Balance 01 salary paid by 51 Lucie County BOCC TOTAL OTHER PROGRAM EXPENSES 40 556 TOTALS 153.553 ~..Qll 27.639 "EXPLAIN SOURCES OF CASH ANn IN-KIN/) ,,\-1ATCH cÝ CSBG MODIFICAT10N AMENDED ATTACHMENT B-2 SUB-REClPIENT INFORMATION (Complete this page for each sUb-recipient) ." 'RECIPIENT: St. Lucie CountY Board of,............. r~· ioœIs SUB-REClPIENT INFORMATION: NAME OF ENTITY: 0Iœech0bee County BoanI of CounlY Col_. . ¡Oders 'MAIUNG ADDRESS: 1019 W SouIII PilrkSlreel 'OII¡IIIlCra- .FL ZIPCODE ~ STREET ADDRESS (IF DIFFERENT): .FL Z1PCODE CONTACT PERSON'S NAME AND TITLE: SheiIII- P1__ Dh-.&.A. CJIœedtobee Senior Services TB..EPHONE: (8631462-ð188 FAX: (863\462-5184 _,_______.,-'_'.__. ~n Au I c. I n8 TOIIOWlng Ime items (7, 13,14 and 15) must"COl'l'eSpOßd 10 Atlachment B-1. Budget Summary. If there is more than one sulHecipient. it is the Recipient"s responsibility to ensure that the total of aD sub-nícipient budgets add conectly. Expenditures must be detailed in Attachment B-3. CSBG FUNDED PROGRAMS ONLY (A) (BJ (C) CO) CSBG CASH IN-KIND EXPENSE CAl'I!GORY FUNDS MATCH MATCH TOTAL . ,- SUB-RECIPIENT ADMINISTRAl1VE EXPENSES: - 7. SUB-RECIPlENTEXPENSES . 0theIj lSalaIÏe$ + Ftinoe.. RBnt. ~ TmveI. . 1,187 10,668 11.855_ SUB-RECFtENT PROGRAM EXPENSES: 13. SUB-RECIPlENT DIRECT CUENT ASSJSTANCE ----~~§-~-------------------------------~ 59,175. ---------- 1----------- .59,175 14. SUB-RECIPIENT Oì1-tER PROGRAM EXPENSES (Salaries + Frinae. Rent, UtiIiIies Travel. e1c\ 15. SUBTOTAl SUB-RECIPIENT PROGRAM EXPENSES f1:.inê 13 + Une 141 ¡ TOTAL EXPENSES: (Line 7 + Une 15) 59.175 1.187 10,668 71,030 The Recipient must have a written agreement with all subcontractors. The agreement must meet the requirements of Section 14 of this agreement A copy ot the unsigned agreement with the subcontractor must be forwarded to the Department for review and approval along with this agreement m~ ""111I' - r'!!l"'n ~ 'Y u'..C.,,_~.. CU i.lI) . Ar\R 1 ç '··('.nn ¡ J ¡I_Jut.; ·eel.'·' .._ ~ s CSBG MODIFICA TJON AMENDED ATTACHMENT B-3 BUDGET DETAIL Okeechobee County -- -- NATIONAL BUDGETED PERFORMA EXPENDITURE DETAIL EXPENDITURES BUDGET NCE Round up line item totals to dollars. UNE ITEM INDICATORS CSBG CASH IN-KlND NUMBER (Direct Client Do not use cents and decimals in totals. FUNDS MATCH- MA TCH** Assistance ONLY) SUB RECIPIENT ADMINISlRATIVE EXPENSE 14 Salaries: __AssIstant 452.211 0 $1B.72!hour = $7.582 7,696 Fringe Benefits: FICA. RetIrement. IIlSIAllCIl, Wo<1œf'. COllllOlllSatIO and lJnemplovment Compensation ($1.582 X 2,972 39.3"4 = $2,972) TDtIII Salaries and Fringe BeneIlIs:: $1 D,534 I Mald1 Sowœ: Okeechobee Counly BOCC BaIanœ aI salary pa/d by Okeechobee County BOCC 14 Salaries: Program """- 311 In 0 S21_5:!111cu" = $&Ill 857 Fringe ~ FICA, ReIirement. Insurance, WorkeI's , Compen_ and ~ Compensation (S840X 330 39.3% = S33O) TolaI SlIaties and Fringe BeneIils: $1.133 Mak:h Sowœ: Ok~ County BOCC Balance of salary paid by 0IœecII0bee County BOee ToIaJ Sub-Reclplent Administrative Expens... I Direct Client Ser.¡jcao 3 4 93 I 13 6.1 Alpmxima~ ~ PeIscnal Care, HomemsIcinø and Reopllo ~ . lIIIy$14.5aIhour=$ 50,655 13 SeMœs include penscna <:ani which sn_ -.... wiIIl bathing. IIgI1t hou:iekeep;ng 1Qr _ unable 10 *farm d\ores such os sweeping. mopping. waIhIng dIsbes and laundry. and ""'pile ror IIle C3lØgMn at those dienIs requiring 2<4 hour C8Ie in ""*" ror lIIe car&/wers ID ma_ Ihei' awn healll1. 3,000 13 6.2-82 Apprnxirna1e¡y 1 Ddients X apprn¡cimately $3llO wi) receive asslstanœ Wilh electric bills = $3.000 1,000 IJ 6.2-82 ApproximalI!Iy 1_ X apprtDCimately $100 wit receive assistançe Wilh _ bills = $1.000 13 8,1 Approx;malely 1 D dlents wiI receive a~ 31.17 hours Of CHORE _ include, but not limited 10. seasonal cleaning, essential 0ITaflCIS. yam won. IIIUng asxl mcMng. simpllo I1ousehold repalrs. pest C<Jn1n¡ and __ ma/ntenanca not 4,520 ìndtJded In rB(Ular IIomemaJdng 5IlIVIœs.i!!I aplltil<imalely $14,50 per hour = $4,520 I TotsI SUl>-Reclplent Direct CRent Assistanea 'j 9, ! 75 ! , : 8 7 I I /10,668 **EXPLAJN SOURCES OF CASI1 AND IN-KIND MATCH CSBG MODIFICATION AMENDED ATTACHMENT B-2 SUB-RECIPIENl INFORMA lION (Complete this page fw; ""..b.~~eçipient) RECIPIENT: 51 Lucie County Board of County Commissioners SUB-RECIPIENT INFORMATION: NAME OF ENTITY Martin County Board of County Commissioners MAILING ADDRESS: 2401 SE Monterey Road, Stuart, FL STREET ADDRESS (IF DIFFERENT): ZIPCODE 34996 ,FL ZIPCODE CONTACT PERSON'S NAME AND TITLE: Gloria Friedman, Community Uaison TELEPHONE: [172) 288-5448 FAX: [772) NOTE: The following line items [7.13,14 and 15) must correspond to Attachment B-1, Budget SummaI)'. If there is more than one sub-recipient. it is the Recipient's responsibility to ensure that the total of all sub-recipient budgets add correctly. Expenditures must be detailed in Attachment B-3. CS8G FUNDED PROGRAMS ONLY (A) (8) (e) EXPENSE CATEGORY CSBG CASH IN-KIND (D) TOTAL FUNDS MATCH MATCH SUB-RECIPIENT ADMINISTRATIVE EXPENSES: 7. SUB-RECIPIENT EXPENSES B.·U,t IH24 (Salaries + Frinae. Rent, Utilities, Travel. Other) SUB-RECIPIENT PROGRAM EXPENSES: 13. SUB-RECIPIENT DIRECT CLIENT ASSISTANCE 1..U15 J.491 76.066 -~~~~~~~---------------------------------- -----..----- --------- ----------- --------- 14. SUB-RECIPIENT OTHER PROGRAM EXPENSES. (Salaries + Fringe. Rent, Utilities. Travel. etc) 15. SUBTOTAL SUB-RECIPIENT PROGRAM 1...575 L-+91 76.066 EXPENSES rUne 13 + Una 14) TOTAL EXPENSES: (Une 7 + Une 15) 7-l575 1.+91 13AU 89.-+90 The Recipient must have a written agreement with all subcontractors. The agreement must meet the requirements of section 14 of this agreement. A copy of the unsigned agreement with the subcontractor must be forwarded to the Department for review and approval along with this agreement. eS8G MODIFICATION A.l\lEl'H)ED A IT ACUMENT B-3 Bl"DGET DETAIL Page _ of GOAL, OUTCOME, BUDGETED BUDGET INDICATOR EXPENDITURES LINE ITEM (For Direct NUMBER Client AssishlDce Only) CASH IN-KIND CSBG FUNDS MATCH" MATCH" 7 SUB RECIPIENT ADMINlSTRATIVE EXPENSE Salaries ExeclIIÍ\e Aide -l-l5.52 hes X HOO/he= $JO.H7 1O.2-l7 Fringe Benefits: FICA. FICA Mand. Retirement. Group Health. Insurance Administration Fee. LIfe Insurance. Worker's Compensation. Unemployment Compensation $1O.2-l7 X 31%= $3.177 \177 In-kind match will be proÙded in the form of salarieSJbenefits. Match Source: Martin County Board of County Conuuissioners 13 DIRECT CLIENT SERVICES 6.2B3 Approximately 3 households a approximately $500 X 2 3.UOO months rcnt/mortgage assistance 6,283 AppJ'Oximately [00 householdsa' appJ'OxIJl1ately $6(O 6O.00(J reutl mortgage assistance 6.2B2 Approximately 31 households· (/' appra.Wnatcly .1\250 X 7.751 utility/utility deposit assistance 6.282 Approximately 15 households (/ approximately 3,82" $~3 water/water deposit assistance 'lP.;,;.~tj¡3 13 tïlBV6,lB2 Cash Match will bt' in tilt' fOJ'1l1 of 1%.>iUwl".v.alJ 1.-191 reul/mortgage. l1lilitY/Ulllity deposit. \Iater/water deposit I payments Match Source: Martin Connl} Board ofC01lnl} Commissioners TOTALS ~".5~5 lA<Jl IU2-l 'EXPLAIN SOURCES OF CASH AND IN-KIND MA. TCH .... c:: Cþ .... (,) :e -:;, Cl)CI) <t ..I 00::: ft~ -Cþ E E e ...So o en (,) LL~CIl tJ)CQ t::CCll °OQ. c.._ 0 ~ÜCll ~ c( a.. ¡: ~ ~ (1)-- ¡; t:: COCO ns::1(,)g ::lE,sC'.l aE~c: ,,000 c(.) ~ ca........ca c21.g .!! en -:;: c. 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III c.. -g -g Õ al <1l 0 c: c: ~ tö _æ' ~ .!lI ., J!3.f9 -= :;':; <>: ~ ~ .~ 5 £! ~ CD o 01_.... õi ",,-'- 0 <=1 C "0 <.:l Cll1 Cll .5 ë.. 1 2l2l-., u C <= 1i:::¡ c: ø e ~ ~ Q) tö <tI1c..NC..)(...E a.. ~ :g (.¡ cc: oq¡ N!<>:ûi<>:<>:g := - ,,¡ ~, « ""' "l 'I t:: OJ E al > ~ .5 " al '-' ::¡ -0 i!! ~ Cll .c .c '5 o >- .c '5 o >- ¡;:¡ '" AGENDA REQUEST ITEM NO: 'lì3 DATE: July ä;' 2008 Regular[ ] Public Hearing [ ] Consent [X] Stefanie Myer k Assistant Dire~; TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: Community Services SUBJECT: Approve the submission of the FY2oo8/2009 application to the State of Florida Department of Community Affairs for the Community Services Block Grant Allocation and Resolution No. 08-217. BACKGROUND: See attached Memo 08-193. FUNDS AVAIL: S1. Lucie County's required 18% in kind match will be provided with a portion of the salary of the Community Services Assistant Director (001-6420- 512000- 600) and the 2% cash will be a portion of the Utilities (001-1925- 543000-100) for the Community Services office. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of submission of the proposed application and agreement with the Florida Department of Community Affairs for the FY20081 2009 Community Services Block Grant and Resolution No. 08-217. COMMISSION ACTION: pC) APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas M. Anderso County Administrator County Attorney: x 'l~a Originating Department: Management & Budget Purchasing: other other: Finance: x Check for copy only, if applicable '\, COMMUNITY SERVICES MEMORANDUM #08-193 FROM: Board of County Commissioners Stefanie Myers, Assistant Director r FY 200812009 Department of Community Affairs Community Services Block Grant Application and Resolution No. 08-217 TO: SUBJECT: DATE: July 8, 2008 St. Lucie County is the lead county for the Treasure Coast Community Action Agency, whose mission is to partner with other human service organizations, the private sector and citizens to offer programs and services that build self-reliant individuals, families and communities. The Treasure Coast Community Action Agency supports St. Lucie, Martin and Okeechobee Counties to assist thew residents. Attached for Board approval is the Application and Agreement between the Florida Department of Community Affairs Bnd St. Lucie County Board of County ,Commissioners in the amount of $285,612. Funds for St. Lucie County will be used to assist with helping eligible residents toward self-sufficiency by supporting education and employment opportunities, including tuition and books, childcare, transportation, and others. It will also be used to help with rent, mortgage or utility payments to prevent eviction or termination of services, meals for the elderly, prescriptive" medications and assistance in obtaining training to enhance employment prospects. Martin County funds will provide rent/mortgage and utility assistance and Okeechobee County will utilize their funding to provide homemaking, personal care and respite services for senior citizens enabling them to remain living independently in their homes. Recommendation: Staff recommends approval of submission of the proposed application and Agreement with the Florida Department of Community Affairs for FY2008/2009 Community Services Block Grant and Resolution No. 08-217. · Attachment C RESOLUTION NO. 08-217 A RESOLUTION APPROVING THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY SERVICES BLOCK GRANT ALLOCATION AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE APPLICATION AND AUTHORIZING THE FILING OF THE GRANT APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the Board of County Commissioners of st. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to file the Florida Department of Community Affairs Community Services Block Grant Application with the Florida Department of Community Affairs. 2. The Community Services Block Grant uses eighty (80%) percent of Community Services Block Grant Funds and eighteen (18%) percent in-kind and two(2%)percent cash match funds. NOW I THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby approves the Florida Department of Community Affairs Community Services Block Grant Application with the Florida Department of Community Affairs for the Federal Fiscal Year 2008/09. 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application on behalf of the St. Lucie County Board of County Commissioners and the Treasure Coast Community Action Agency with the Florida Department of Community Affairs in the total amount of Two Hundred Eighty-five thousand Six Hundred Twelve dollars ($285,612.00) of Community Services Block Grant funds and the amount of Twenty Seven Thousand Five Hundred Five and 00/100 Dollars ($27,505.00) in-kind match and Three Thousand Fifty- seven 00/100 Dollars ($3,057.00) cash funds. 3. This Board authorizes Beth Ryder, Community Services Director, to sign any and all agreements, assurances, reimbursement invoices, warranties, and other documents which may be required in connection with the application. After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith XXX Vice Chairman Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 8th day of July, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY CFDA#: 93.569 Contract Number: 09SB-6V-12-00-01-027 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and St. Lucie Countv Board of County Commissioners, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE, the Department and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget, Attachment Band Workplan and Quarterly Report Form, Attachment C, of this Agreement. (2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES The Recipient and the Department shall be governed by applicable State and Federai laws, rules and regulations, including those identified in Attachment D. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or October 1, 2008, whichever is earlier, and shall end Seotember 30.2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORD KEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-11 0, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved, 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget, Attachment Band Workplan and Quarterly Report Form, Attachment C, and all other applicable laws and regulations. 2 (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to . the Department, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. "Reasonabie" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the 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 of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for 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. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us) and Department of Community Affairs Community Assistance Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circuiar A-133, as revised. 4 (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Department of Community Affairs Community Assistance Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient 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, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient of such non-compliance. U) The ReCipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The 5 audit must be received by the Department no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Department with quarterly reports and a cfose-out report. These reports shall include the current status and progress by the Recipient and all 8ubrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Department. (b) Quarterly reports are due to the Department no later than 21 working days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative cIose-out report. The ending dates for each quarter of the program year are December 31, March 31 , June 30, and September 30. (c) The close-out report is due 45 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If aU required reports and copies are IlQl: sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Department. (f) The Recipient shall provide additional reports and information identified in Attachment E. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Work:plan is being accomplished and other performance goals are being achieved. A review shall be done for each function or activity in Attachment C to this Agreement, and reported in the quarterly report. 6 In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that 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 to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth in Paragraph (11). However, the 7 Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Department may, upon thirty (30) caiendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to inciude but not be limited to: 8 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended, (b) The Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice, (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of 9 tennination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the tennination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, retum receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement (b) The name and address of the DMsion contract manager for this Agreement is: Ms. Paula Lemmo, Community Program Manager Florida Department of Community Affairs Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 488-7541 Fax: (850) 488-2488 Emall: paula.lemmo@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is identified in Attachment A, Recipient Information (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval before it is executed by the Recipient The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and 10 regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Recipient Information Attachment B - Budget Attachment C - Workplan and Quarterly Report Form Attachment D - Program Statutes and Regulations Attachment E - Reports Attachment F - Property Management and Procurement Attachment G - Statement of Assurances Attachment H - Special Conditions Attachment I - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment J - Warranties and Representations Attachment K - Justification of Advance Payment 11 51. Lucie County Board of County Commissioners (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $285.612, subject to the availability of funds. The Recipient is authorized to incur costs in an amount not to exceed $134.238 until further notification is received by the Department. As funds and budget authority are available, changes to the costs the Recipient may incur will be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested, to the Recipient's contact person identified in Attachment A, Recipient Information. The terms of the Agreement shall be considered to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from the Department. (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment K. Attachment K will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds, (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget, Attachment Band Workplan and Quarterly Report Form, Attachment C, of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (20)(h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Department. 12 (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, Recipient shali pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shali bein the Circuit Court of Leon County. If any provision of this Agreement is in confiict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. 13 (d) This Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) A person or organization who has been placed on the convicted vendor list fOllowing a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a publiC entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a pUblic entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, orreceiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (feder;al, state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this Agreement; and 14 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment I) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shail be submitted in detail sufficient for a proper preaudit and postaudit thereof. ü) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the proviSions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")], The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions 15 contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect tothe meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (0) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 16 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any 17 pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment G. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (Type Recipient's Legal Name) By: BY: Name and title: Janice Browning, Director Division of Housing and Community Development Date: Date: (Federal Identification Number) 18 ATTACHMENT A - RECIPIENT INFORMATION FEDERAL FISCAL YEAR: 2009 CONTRACT PERIOD: October 1.2008 to September 30.2009 1. RECIPIENT: SI Lucie County Board of County Commissioners 2. COUNTIES TO BE SERVED WITH THESE FUNDS: 1 St Lucie 2 Martin 3 Okeechobee 3. GENERAL ADMINISTRATIVE INFORMATION A. Agency Head (Executive Director or Chief Department Administrator) Name: Beth Rvder Title: Community Services Director Street Address: 2300 Viminia Avenue County:St. Lucie City:Fort Pierce, FI Zip Code: 34982 Telephone (772) 462-1777 Fax (772) 462-1703 E-Mail: beth@stllli'J!!co.QOIf MAILING ADDRESS (IF DIFFERENT FROM ABOVE) Address: 437 North 7th Street City: Fort Pierce, FI Zip Code: 34950 B. Chief Elected Official for Local Governments or President/Chair of Board for Nonprofits (Home or business address other than agency address.) Name: Joseph E Smith Tille: Chair - St Lucie County BOCC Commissioners Street Address: 2300 Virqinia Avenue County:St. Lucie City:Fort Pierce, FI Zip Code: 34982 Telephone (772) 462-1410 Fax (772) 4i.1-1131 E-Mail: Canlì3\Q's\'i'öt',,,::;ügO\i C. FOR PUBLIC AGENCIES: Chair of Community Action Board (Home or business address other than agencyaddÆSs.) Name: Title: Street Address: County: City: , FI Zip Code: Telephone ( ) Fax ( ) E-Mail: D. RECIPIENT CONTACT PERSONlPROGRAM COORDINATOR Name: Stefanie Mvers Trtle: Community Services Assistant Director Street Address: 2300 Virginia Avenue County:St. Lucie City:Fort Pierce, FI Zip Code: 34982 Telephone (772) 462-1777 Fax (772) 462-17\\3 E-tJlail: MyersS',w"'+,',·èlL'IC'&,\.lv-y E. WARRANT OFFICER (OFFICIAL TO RECEIVE STATE WARRANT) Name: Shai Francis Tille: Finance Director Street Address: 2300 Virginia Avenue County:St. Lucie City:Fort Pierce, FI Zip Code: 34982 Telephone (772) 462-1476 Fax (772) 462-1614 E-Mail: Eran.ciss@stluciecouo\f F. FINANCIAL CONTACT PERSON Name: Karen Scott Title: Executive Assistant Street Address: 2300 Virginia Avenue County:St. Lucie City:Fort Pierce, FI Zip Code: 34982 Telephone (772) 462-2376 Fax (772) 462-1703 E-Mail: kscoti@stluci~ºcQ9.Y G. PERSON(S) AUTHORIZED TO SIGN FISCAL REPORTS 1. Name: Beth Rvder Title: Community Services Director 2. Name: Title: 4. SUB-RECIPIENT INFORMATION These funds will be transferred to one or more Sub-Recipients: Yes--ª- No_ For each Sub-Recipient, attach a copy of Attachment B-2, Sub-Recipient Infonnation 5. AUDIT: Recipient Fiscal Year: October 1. 2008 to September 30. 2009 Audit is due nine months from the end of the recipient's fiscal year: Start on Line 6, Column A. Cells with formulas are in bold print .. be careful about over-writing the formulas. CSBG ATTACHMENT B-1 BUDGET SUMMARY REVEUE SOURCES CSBG Grant Funds CONTRACT: TOTAL NOTES: Round .. figures UP 10 nearest_. Provide a minimum of: 2% Cash Match and 20% TollIl Match, Do 001 ..-. matd1. 1,99% Cash 342,735.40 Match is unacceptable. (A) (B) (C) (D) CSBG Cash In-Kind Funds Match Match TOTAL RECIPIENT: 2 Cash Match 3 In-Kind Match 4 TOTAL MATCH (Line 2 + Line 3) 5 TOTAL FUNDS (Line 1 + Line 4) CSBG FUNDED PROGRAMS ONLY EXPENSE CATEGORY ADMINISTRATIVE 6 RECIPIENT EXPENSES Fringe. RIlllI. Utilities. Travel. Other} ..--··--sus::RËéïpïËÑ::f"EXPEÑSES··-·---··----....···-..·,·····..., .,-.....-.--.......-...-.-....--. ...-...--......--....--.- 7 (Salaries + Fringe. Rent. Utilities. Travel. Other) (Selaries + 6.000.00 6,000.00 0.00 B TOTAL ADMINISTRATIVE EXPENSES (Une 2 + Line 3) 6,000.00 0.00 0.00 6,000.00 9 ADMINISTRATIVE EXPENSE PERCENT (Line 8 divided by Line 1) 2% CANNOT EXCEED 15% OF CSBG ALLOCATION GIVEN ON LINE 1 PROGRAM 10 RECIPIENT DIRECT CLIENT ASSISTANCE EXPENSES 84.447.42 3,056.05 27.504.44 115,007.91 .M._.....__.........····_···_·.........._·······_···········..._...............__....._...........-._.._-~_...__._...._.... .-....-........--........-- ...--..........-- ..----.---...-..~,.._. .---.......--.--.-.........- 11 RECIPIENT OTHER PROGRAM EXPENSES (Salaries + Fringe. Rent. Utilities. T.....I, Other) 12 SUBTOTAL RECIPIENT PROGRAM EXPENSES (Une 10+11) 62.355.00 62,355.00 13 SUB-RECIPIENT DIRECT CLIENT ASSISTANCE EXPENSES 146,802.42 132.809.58 3,056.05 27,504.44 177,362.91 1,486,18 134,295.76 ....."'..-suã:REëïpiËNT'ëi::6:¡Efi'·Pf~ëïGf~ÃM·ExPËÑSËs·.._....·"....-".."......." ..-.............".."."..."............. 14 (5o_s + Fringe. Rent. Utilities. Travel. Other) SUBTOTAL SUB-RECIPIENT PROGRAM EXPENSES 15 .....13 + Line 14} 132,809.58 1.171.01 23,905.72 25,076.73 15 TOTAL PROGRAM EXPENSES (Line 12 + Une 15) 5,713.24 23,905.72 51,410.16 159,372.49 2,657.19 279,612.00 336,735.40 285,612.00 0.00 17 SECONDARY ADMINISTRATIVE EXPENSES 18 GRAND TOTAL EXPENSES (Une 8 + Une 16+ LIIIe 17) 342,735.40 21 c:~~~m~nn~ORMS~rovmm~SBG~CSBGB~tSumme~ i:\bc8lCest\csp...unill2OO9...CSBGlReporting Fonns\D9 CSBG Budget Summe~ ATTACHMENT B-3 BUDGET DETAIL St Lucie County NATIONAL EXPENDITURE DETAIL BUDGETED PERFORMAN EXPENDITURES BUDGET CE LINE ITEM INDICATORS Round up line item totals to dollars. CSBG CASH IN-KIND NUMBER (Direct Client Do not use cents and decimals In totals. Assistance FUNDS MA TCH** MATCH" ONLY) 6 ADMINISTRATIVE EXPENSES Recipient Expense 17,026.40 Salaries - Assistant Community Services Director 616.675Ivs X $27.61/hr = $17,026.40 FICA. FICA Mand. Retirement. Group Health Insuranœ. Insurance Administration Fee, Life Insurance, "orRer's 10,478.04 Compensation, Unemployment Compensation $17,026.40 X 61.54% = $10,478.04 Match Source - St Lucie County BOCC Balance ot salary paid by St Lucie County BOCC 6 Utilities - 437 North i'" Street 3,056 Match Source - St Lucie County BOCC 6 Travel 500.00 6 Tralnlno and ReaislTation 1,000.00 6 Software License 4,500.00 TOTAL RECIPIENT ADMINISTRATIVE EXPENSES 6,000.00 PROGRAM EXPENSES DIRECT CUENT SERVICES 10 1.2-A Approximately 7 clients will be assisted with approximately 7,000.00 $1,000 for tuition, books and supplies necessary to obtain a technical certificate or degree required for employment. including child care services, If necessary. in orMr to aIlend classes. 10 6.2H Approximately 4 clients will receive approximately $250 1,000.00 Disaster Relief assistance for food, clothing and/or transportation, to Include, but not limited to a natural disaster or residence fire. 10 1.2F Approximately 25 clients will receive bus pass.... ot 2,500.00 approximately $25/month tor four (4} months for transportation to employment. 10 6.2-A Approximately 30 clients win receive approximately $833.33 25.000.00 in services for Meals on 'NheeIs. 10 6.2-8 Approximately 10 clients will receive approximatei\' ff,1'\5Z.Z4 11.162.42 assistance tor rent/mortgage payments and/or rent deposits, and/or utility/water payments and or deposits, 10 6.3-A2 Back-Pack Program with the Treasure Coast Food Bank will 20.000.00 provide weekend meals tor children who are receiving hee school lunches 10 6.3-B PACE Center for Girls. Treasure Coast Inc will receive 5,000.00 funding to assist students and families with life management skills courses, parenting classes and student volunteer services projects 10 1.2-D Fundíng to assist clients with day care and afterschool 10.110O.00 programs In order to attend classes necessary to further education and/or obtain/maintain employment. 10 1.3B2 Match funding tor Individual Development Accounts 3,000.00 11 Salaries Communllv Services Technician III 2080 hrs X $15.8OIhr = $32,684.00 32,684.00 FICA, FICA Mand, Retirement, Group Health Insurance, 29,276.00 Insurance Administratíon Feer Life Insurance, WoJker~s Compensation. Unemployment Compensation = $29,276.00 62.140.00 TOTALS 152 802.42 3.056 27604.44 **EXPLAIN SOURCES OF CASH AND IN-KIND MATCH CSBG Fundina FY 08109 AMENDED ATTACHMENT B-2 SUB-RECIPIENT INFORMATION (Complete this page for each sub-cecipient) RECIPIENT: S1. Lucie Countv Board of Countv Commissioners SUB-RECIPIENT INFORMATION: NAME OF ENTITY: Martin County Board of County Commissioners STREET ADDRESS (IF DIFFERENT): . FL ZIPCODE 34996 FL ZIPCODE MAILING ADDRESS: 2401 SE Monterey Rd. CONTACT PERSON'S NAME AND TITLE: Anita Cocoves. CSD-HHS Administrator TELEPHONE: ( 772) 288-5785 FAX: (772) 288-5513 NOTE: The following line items (7,13,14 and 15) must correspond to Attachment B-1, Budget Summary. If there is more than one sub-recipient, it is the Recipienfs responsibility to ensure that the total of all sub-recipient budgets add correctly. Expenditures must be detailed in Attachment B-3. CSBG FUNDED PROGRAMS ONLY (A) (B) (C) (D) CSBG CASH IN-KIND EXPENSE CATEGORY FUNDS MATCH MATCH TOTAL SUB-RECIPIENT ADMINISTRATIVE EXPENSES: 7. SUB-RECIPIENT EXPENSES 13.367 13.367 (Salaries + Fringe, Renl. Utilities, Travel. Other) SUB-RECIPIENT PROGRAM EXPENSES: 13. SUB-RECIPIENT DIRECT CLIENT ASSISTANCE 7·U59 US5 75.7.w EXPENSES - f4: - SÜ-B:RËëïpIËÑYõtHËrfPRÕGRAM ËXP"EÑ-ŠËS - -- ----------- --------- ----------- --------- (Salaries + Fringe. Rent, Utilities. Travel. ete) 15. SUBTOTAL SUB-RECIPIENT PROGRAM 74,259 US5 75.7.w EXPENSES (Line 13 + Une 14) TOTAL EXPENSES: (Line 7 + Line 15) 7.J..159 1..J.S5 13.;\67 89.111 The Recipient must have a written agreement with all subcontractors. The agreement must meet the requirements of Section 14 of this agreement. A copy of the unsigned agreement with the subcontractor must be forwarded to the Department for review and approval along with this agreement. FY08/09 CSBG MODIFICATION Page _ of AMENDED A'ITACHMFNT B-3 BUDGET DETAR. BUDGET GOAL, BUDGETED LINE ITEM OUTCOME. EXPENDITlJRES NUMBER INDICATOR CSBG CASH IN-KIND FUNDS MATCH MATCH' . SUB RECIPIENT ADMINISTRATIVE EXPENSE Salaries Case Mm,mger I 7 UO~,62 Res. x $lO.Ol/hr = $ 11.057,25 $11.057.25 7 Conmmnity Liaison 12 Res x $20.70 /he = $ 2~-U) $ 2~AO AdmHùstration and AccountHlg 2~ Res. x $37.29/1u=$ 89~.96 $ 89~,96 Fringe Benefits: FICA FICA MND, Retirement. Group Health. Insurance Administration Fee. Life lnSUf".lßce. Worker's Compensation, Unemployment Compensation $ U66.~O = $ 12.200.61 x 9,56%= $ L166AO . Balance of salary paid by Martin Count)' BOCC Total Sub Recillient EXllenses $L1.367.W DIRECT CLIENT SERVICES 1~ G,2-B:; Approximately 5 households at approximately $500 $ 5.00í) .' · x 2 Months rent/mortgage deposit/rears assistance, 1~ G,2-B:; Approximately 100 households at appmXilllately $60.000 " · $600 (or less) rent/mortgage assistance J3 6,2-B2 · Approximately ~ households at approXÌlfmrely $300 $ 1.100 (or less) utilit)"/utility deposit assistance 13 6.2D · Approximately 6 indiÙdllals at a~ß~~Y $ 6.000 $1.000 (Or less) for assistance with the cost of dentures and/or dental care 13 6.2D · Approximately 2 households at approximately $ 221 $110,50 (or less) for assistance wi.lli \K~9'...ti.pti.()n 13 eyeglasses" $ 5(JO · Approximately 5 indiÙduals at apprQxim..?tel)" ,$100 {or less) for assistance with tr.lßsportatioJL $ 1.338 · Approxinmtely 1J families at appcoxi.w.at.ely 121.63 (or less) for assistance with child care in order to obtaioJmaintain employment. Cash nmtch will be III the form of 2% s1k1re of all $L51~ rent/mortgage payments utilit)" payment/deposits. and the purchase of dentures/dental care and ~'e,glass purchases Match source: MartH} County BOCC TOTALS $7~.259 $1A85 $13367 *EXPLAIN SOURCES OF CASH AND IN-KIND MATCH CSBG ATTACHMENT B-2 SUB-RECIPIENT INFORMATION (Complete this page for each sub-recipient) RECIPIENT: St Lucie Board of County Commissioners SUB-RECIPIENT INFORMATION: NAME OF ENTITY: _Okeechobee County Board of County Commissioners MAILING ADDRESS: _1019 S W Park St_Okeechobee STREET ADDRESS (IF DIFFERENT): FL ZIPCODE _34972 ,FL ZIPCODE CONTACT PERSON'S NAME AND TITLE: _Sheila Savage, Program Manager TELEPHONE: ( 863) 462-5180 FAX: ( 863 ) 462-5184 NOTE: The following line items (7,13,14 and 15) must correspond to Attachment B-1, Budget Summary. If there is more than one sub-recipient, it is the Recipient's responsibility to ensure that the total of all sub-recipient budgets add correctly. Expenditures must be detailed in Attachment B-3. CSBG FUNDED PROGRAMS ONLY (A) (B) (C) (D) CSBG CASH IN-KIND EXPENSE CATEGORY FUNDS MATCH MATCH TOTAL SUB-RECIPIENT ADMINISTRATIVE EXPENSES: 7. SUB-RECIPIENT EXPENSES 1,171 10,539 11,710 (Salaries + Fringe, Rent, Utilities, Travel, Other) SUB-RECIPIENT PROGRAM EXPENSES: 13. SUB-RECIPIENT DIRECT CLIENT ASSISTANCE 58,550 58,550 EXPENSES ~------------------------------------------- ----------- ---------- ----------- --------- 14. SUB-RECIPIENT OTHER PROGRAM EXPENSES (Salaries + Frinae, Rent, Utilities, Travel, etc) 15. SUBTOTAL SUB-RECIPIENT PROGRAM EXPENSES (Line 13 + Line 14) TOTAL EXPENSES: (Line 7 + Line 15) 1,171 10,539 70,260 58,550 The Recipient must have a written agreement with all subcontractors. The agreement must meet the requirements of Section 14 of this agreement. A copy of the unsigned agreement with the subcontractor must be forwarded to the Department for review and approval along with this agreement. See OMS Circular A-133.210, Sub-recipient Vendor Determination, for further clarification. 22 CSBG ATTACHMENT B-3 BUDGET DETAIL Okeechobee County NATIONAL EXPENDITURE DETAIL BUDGETED BUDGET PERFORMANCE EXPENDITURES LINE ITEM INDICATORS Round up line item totals to dollars. NUMBER (Direct Client Do not use cents and decimals in totals. CSBG CASH IN-KIND Assistance FUNDS MATCH** MA TCH** ONLY) 13 SUB RECIPIENT ADMINISTRATIVE EXPENSE Salaries: Administrative Assistant 8,347 491@$17/hour Fringe Benefits: FICA, Retirement, Insurance, 2,192 Workman's Compensation and Unemployment Compensation @26.4%of$8,347 Match Source: Okeechobee Co BOCC Balance of salary paid by Okeechobee BOCC Program Manager 42 @ $22/hour Fringe Benefits: FICA, Retirement, Insurance, 924 Workman's Compensation and Unemployment Compensation @26.4%of$924 Direct Client Services: 247 Approximately 3,903 hours of Personal Care, Homemaking and Respite Services @ approximately $15 per hour. Services includes personal care which entails assistance with bathing, light housekeeping for 58,550 those unable to perform chores such as sweeping, mopping, washing dishes and laundry and respite for the caregivers of those clients requiring 24 hour care in order for the caregivers to maintain their own health, Total Sub-Recipient Direct Client Assistance 58,550 1,171 10,539 **EXPLAIN SOURCES OF CASH AND IN-KIND MATCH 23 (/) w ø z w D. >< W ,.W m~ I- C)~~ mWI- ø::i!a U:J:z 0- «:::æ 1-0 1-« «> 0:: « o z o o w (/) % C Q) 0> <C C o U <C >- -- ·2 (,,)':::J (",1 E giið ....ûi c: al :l 0 °0 üQ) () '- '-' :::J ::¡ rtl ..Jg¡ UíË 'Ë Q) .ã. 'õ (I) æ - o (I) E al Z ~l o Z LL en o :æ: ..J...J« «...JO:: I-«Cl o 0 I- 0:: Q. rtl Q) ~ '- o -Q) E.;:: ~ãi 0>..... e:!1l o.C ~ï~ CU-O -oal ~.~ rtl ß .r...... 0- g¡'¡ ..... -- o CU _ .r. 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"'O,,-tO '- ¡ij0'C ,£ LL e: ('") ~ ,t11 , -"'OE CD œ Q,'I '+-, ~1i)~~Q)c <nQlOl.....E c:::J o::l -C"~o.c: EQ)o..lIlo -O.....2:'~<1l al~alal~ ëiial'C'C 1Ile:c:e: - 08·- °51o == Qle:Q)Q)~ O>lIlll)Q) III 0.. Q) Q)"'C E~=:5ã) ~ Qlõli'.g i~~'C::s _al--Q).o -.;:;E-oQ) Z !t!. = ';> :g ~.!:~e¡:; alE:;::o.,- ...."'O~IIlO' u:;œ1i)'CO :::J ~.~ 5; Eal--- ....-0 Ec: '- e: e: -0 0':; 0 tII-- r:1" Q..ßE!i~ Oll):::J"lii QlClE"~~ ~CD'5('E~ ..c::~Eéà'CO 1-'-' tII~ - '" "" TO: SUBMITTED BY (DEPT): l?RESENTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X] [ ] APPROVED OTHER: Approved 5-0 Doug as M. Anderson County Administrator AGENDA ITEM REQUEST El ITEM NO. DATE: July 8, 2008 REGULAR: [] PUBLIC HEARING: [] CONSENT: [X] Board of County commissio~~~Z£ Grants/Disaster Recovery~~ Bill Hoeffner, Grants/Dis ster Recovery Director Authorize a letter to Congressman 'Mahoney to request his support of a study to examine the feasibility of capturing and reclaiming water from the C-25 Canal. The estimated cost of the study is $300,000. C-25 Canal waters discharged to the Indian River Lagoon negatively impact the fragile ecology of the Lagoon and near- offshore reefs. The discharged waters are also lost to tide and thus constitute a waste of a precious resource needed by residents of our community, See attached memorandum and letter. N/A. N/A. Staff recommends the Board authorize the letter to Congressman Mahoney. DENIED ilt ¡1J5l/ ¡t!..~ County Attorney: Originating Dept: utili ties: Coordination/signatures purChasing. Mosquito Control. rp-9 Mgt ¡¡ Budget: Public Works: Environmental Resources: .,S,T. Luclf _~,c-_ COUNTY . FLORIDA - - - .- -- ,.. ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: From: Re: Date: Board of County Commissioners Bill Hoeffner, Grants / Disaster Recovery Director ~ Consent Agenda Item Request E-3 July 8. 2008 This agenda item is to secure the Board's authorization to send a letter to Congressman Mahoney to request his support of a study to examine the feasibility of capturing and reclaiming water from the C25 Canal. The estimated cost of the study is $300,000. A draft of the letter is attached as Attachment A (2 pages). At a recent watershed protection open meeting in Stuart attended by Representative Mahoney, County staff discussed possible alternative water supply usage of C25 Canal waters. Following that meeting, County staff was invited to discuss the C25 Canal with Congressman Mahoney at his Stuart office. In that meeting, Congressman Mahoney requested that the Chair of the County Commission or the County Administrator send a letter to him recommending a study to examine the feaSibility of alternative water supply usage of C25 Canal waters. The C23, C24, and C25 Canals in St. Lucie County were constructed to control floodwaters and to lower the surficial water table by directing stormwater runoff from agricultural and urban areas to the Indian River Lagoon. Discharges from this canal system are negatively impacting the Lagoon and near-shore waters of the Atlantic Ocean. The discharges have resulted in variable salinities in the Indian River Lagoon. These fluctuations in salinity can adversely affect many important estuarine species that are dependent on narrow salinity ranges. Additionally, discharges contain large amounts of suspended material, high nutrient concentration, and other pollutants. Increased pollutant loadings have adversely impacted water quality and the resources of the lagoon. Discharges of suspended solids create turbid waters and muck in many of the lagoon's tributaries. The suspended solids, and particularly the muck, smother seagrasses and other valued resources and may result in algal blooms/red tides and subsequent fish kills due to the loading of excess nutrients. Please see Attachment B (1 page) which provides photographs of turbid waters from the C25 Canal being discharged into the Indian River Lagoon. . The discharges also result in a loss of potential water supply. Prior to the construction of the canals, the drained waters would have remained in marshes and other wetlands where, through seepage, they would have recharged the surficial aquifer system, an important source of freshwater supply. By draining these waters through a canal system, the waters are sent to the lagoon and the ocean where the water is lost to tide. With population growth creating an increasing demand for water, water storage is becoming increasingly vital and water reuse capability even more vital. Since the approval of the Comprehensive Everglades Restoration Program (CERP) as part of the Water Resources Development Act of 2000, the South Florida Water Management District Page 1 of 2 has aggressively implemented a comprehensive land acquisition and restoration program to acquire vacant land along the C23 and C24 Canals in St. Lucie County. The intent of the land acquisition is to protect the North Fork and environs of the St. Lucie River and Indian River Lagoon by treating runoff water in stormwater treatment areas and storing the treated water in reservoirs. Although a stormwater treatment area is anticipated for the C25 Canal, a reservoir or reservoir system to store the vast amount of water being lost is not anticipated. It should also be noted the C25 portion of the CERP has not been initiated. Planning for the C25 Canal is not scheduled to be initiated until 2013. The C25 delivers a greater volume of water and thus a greater net pollutant load than the C23 and C24 combined. Because the C25 empties into the lagoon very near the Fort Pierce Inlet which connects to the Atlantic Ocean, the discharges also adversely impact near-shore reefs and coastal ecosystems. The C25 canal design limitations provide an opportunity to examine the feasibility of capturing and reclaiming the water that would otherwise be lost to tide. This water could be used as an alternative water supply, thereby minimizing or eliminating damage to the receiving waters (Indian River Lagoon and Atlantic Ocean) and associated coastal habitats. The potential to capture the large quantity of valuable stormwater runoff being lost to tide would provide numerous environmental and planning benefits. St. Lucie County's current plans to develop a regional water and wastewater treatment system could be significantly enhanced by the addition of a third component - alternative water supply . from the C25 Canal. Through the co-location of a regional water treatment plant, stormwater treatment area, and wastewater treatment facility; the County could potentially capture stormwater runoff from the C25 canal and redirect the flow for use as both a potable water supply source and supplemental water for the reclaimed water system. Such a system would aid St. Lucie County in long-term sustainable water supply planning by providing a supplemental water source that would reduce demands on the aquifer system during the wet season, while reducing or eliminating tidal discharge of surface waters to the environmentally-sensitive Indian River Lagoon. Coupled with an aquifer storage and recovery system, the capture of stormwater during the wet season could also offset irrigation demands in the dry season by supplementing the reclaimed water system that is proposed in conjunction with the new wastewater treatment facility. A four-pronged system, as proposed above (potable water treatment, wastewater treatment/reclaimed water, stormwater treatment area, and aquifer storage and recovery), with the C25 Canal as an alternative water supply source, could prove significant enough to meet the growing potable and re-use water demands of our growing community, while achieving significant progress in the protection of our National Estuary, the Indian River Lagoon, and Our near-shore, Atlantic coastal waters. A recent Power Point presentation by the South Florida Water Management District addressing future water shortages and the need for alternative water supplies is attached as Attachment C (11 pages). The St. Johns River Water Management District has also indicated the need for alternative water supplies due to growing water demands. Indian River County is evaluating, as part of its Alternative Water Supply Plan, the possible use of surface water in the north part of their county. Cooperative regional projects may be a future option. County staff recommends the Board authorize the sending of a letter to Congressman Mahoney requesting his support of a study to examine the feasibility of capturing and reclaiming water from the C25 Canal. Page 2 of 2 '. DRAFT July 9, 2008 Congressman Tim Mahoney U.S. House of Representatives (FL-16) 9 Osceola Street Stuart, Florida 34994-2125 Re: Alternative Water Supply Demonstration Project South Florida Water Management District C25 Canal Dear Congressman Mahoney: This letter is to request your assistance, through facilitation or funding, for a study to examine the feasibility of capturing and reclaiming water from the C25 Canal in Saint Lucie County to reduce or prevent its discharge to the Indian River Lagoon. The estimated cost of the study is $300,000. The C23, C24, and C25 Canals in St. Lucie County were constructed to control floodwaters and to lower the surficial water table by directing stormwater runoff from agricultural and urban areas to the Indian River Lagoon. Discharges from this canal system are negatively impacting the Lagoon and near-shore waters of the Atlantic Ocean. The discharges have resulted in variable salinities in the Indian River'Lagoon. These fluctuations in salinity can adversely affect many important estuarine species that are dependent on narrow salinity ranges. Additionally, discharges contain large amounts of suspended material, high nutrient concentration, and other pollutants. Increased pollutant loadings have adversely impacted water quality and the resources of the lagoon. Discharges of suspended solids create turbid waters and muck in many of the· lagoon's tributaries. The suspended solids, and particularly the muck, smother seagrasses and other valued resources and may result in algal blooms/red tides and subsequent fish kills due to the loading of excess nutrients. Please see Attachment A (1 page) which provides photographs of turbid waters from the C25 Canal being discharged into the Indian River Lagoon. The discharges also result in a loss of potential water supply. Prior to the construction of the canals, the drained waters would have remained in marshes and other wetlands where, through seepage, they would have recharged the surficial aquifer system, an important source of freshwater supply. By draining these waters through a canal system, the waters are sent to the lagoon and the ocean where the water is lost to tide. With population growth creating an increasing demand for water, water storage is becoming increasingly vital and water reuse capability even more vital. Since the approval of the Comprehensive Everglades Restoration Program (CERP) as part of the Water Resources Development Act of 2000, the South Florida Water Management District has aggressively implemented a comprehensive land acquisition and restoration program to acquire vacant land along the C23 and C24 Canals in S1. Lucie County. The intent of the land acquisition is to protect the North Fork and environs of the S1. Lucie River and Indian River Lagoon by treating runoff water in stormwater treatment areas and storing the treated water in reservoirs. Although a stormwater treatment area is anticipated for the C25 Canal, a reservoir or reservoir system to store the vast amount of water being lost is not anticipated. It should also be noted the C25 portion of the CERP has not been initiated. Planning for the C25 Canal is not scheduled Attachment A Page 1 of2 '. DRAFT to be initiated until 2013. The C25 delivers a greater volume of water and thus a greater net pollutant load than the C23 and C24 combined, Because the C25 empties into the lagoon very near the Fort Pierce Inlet which connects to the Atlantic Ocean, the discharges also adversely impact near-shore reefs and coastal ecosystems. The C25 canal design limitations provide an opportunity to examine the feasibility of capturing and reclaiming the water that would otherwise be lost to tide. This water could be used as an alternative water supply, thereby minimizing or eliminating damage to the receiving waters (Indian River Lagoon and Atlantic Ocean) and associated coastal habitats. The potential to capture the large quantity of valuable stormwater runoff being lost to tide would provide numerous environmental and planning benefits, St. Lucie County's current plans to develop a regional water and wastewater treatment system could be significantly enhanced by the addition of a third component - alternative water supply from the C25 Canal. Through the co-location of a regional water treatment plant, stormwater treatment area, and wastewater treatment facility; the County could potentially capture stormwater runoff from the C25 canal and redirect the flow for use as both a potable water supply source and supplemental water for the reclaimed water system. Such a system would aid St. Lucie County in long-term sustainable water supply planning by providing a supplemental water source that would reduce demands on the aquifer system during the wet season, while reducing or eliminating tidal discharge of surface waters to the environmentally-sensitive Indian' River Lagoon. Coupled with an aquifer storage and recovery system, the capture of stormwater during the wet season could also offset irrigation demands in the dry season by supplementing the reclaimed water system that is proposed in conjunction with the new wastewater treatment facility. A recent Power Point presentation by the South Florida Water Management District addressing future water shortages and the need for alternative water supplies is attached as Attachment B (11 pages). The St. Johns River Water Management District has also indicated the need for alternative water supplies due to growing water demands. Indian River County is evaluating, as part of its Alternative Water Supply Plan, the possible use of surface water in the north part of their county. Cooperative regional projects may be a future option. Your support in examining this regional, sustainable, alternative water supply project would be of significant benefit to the residents of St. Lucie County and the environment of this region as a whole, A four-pronged system, as proposed above (potable water treatment, wastewater treatment/reclaimed water, stormwater treatment area, and aquifer storage and recovery), with the C25 Canal as an alternative water supply source, could prove significant enough to meet the growing potable and re-use water demands of our growing community, while achieving significant progress in the protection of our National Estuary, the Indian River Lagoon, and our near-shore, Atlantic coastal waters. Sincerely, Joseph E. Smith Chair, St. Lucie County Board of County Commissioners Attachment A Page 2 of2 Turbid water. being discharged from the C25 Canal into the Indian River Lagoon Attachment B Page 1 of 1 Attachment C Page 1 of 11 '. 1- -... ---_ · 11I5_0 U.TIIJli .IIlF. L QiljRPIIliiO':A. WIIAI.TI.E R.-.M.A_N.A_G.-E M.-E.Nt"'IID..1 5 T R leT 1___ ":.-1-'- ---. II III· ..-:..... ..IJl.. 11................._. ..- .-.1 .... .... -- .- .. . .... -. - . . ___ III ... . I-I I '. BliS! Cypress ,. 1.-. AtllalltiC I~ ~ 100 100 "0 Q ......- .. 1·.··11..·...·. .10·U· ..10.0.·..· ··r·I~::: 1!:-.23.::¡¡,·..:·.....·· : ...~ .. . .' ;700 -..... . S..O U_T r..l-ll¡:: L O"R I D A "WIll._A..'l_' ..E..R..,II_Ma.A NIIi' _/~ G..E.M..-r: N..TB :'D '_5 T fll~_l c-r 11III ............. -.. 1_ ..II.... ..-..- .--..... ..... . .... -/ . III .- - ... · I_ ·1·1;1~J - - 11111_. 'Hâ .1.:11I11.... ... ........ UIi 1111--..1=.. .'-11- ......... -k·· ..............-..... ...... ................. .-.-- -....--... II .. .. 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E2 DATE: July 8,2008 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice. Grant Resource Developer SUBJECT: Authorize the submittal of a grant application to the State of Florida Division of Emergency Management for funds not to exceed $20,000, from the State Emergency Response Team - Community Emergency Response Team (CERT) Program Subgrant. BACKGROUND: See Attached Memorandum. FUNDS AVAILABLE: PREVIOUS ACTION: A match is not required for the grant. On 2/3/2005 (FY2006), the BOCC approved the submittal and acceptance of a grant in the amount of $29,000 to initiate the CERT Program. On 2/14/2006 (FY 2007), the BOCC approved the submittal and acceptance of a second grant in the amount of$12,000 to continue the CER T Program. RECOMMENDATION: Staff recommends the Board authorize the submittal of the State Emergency Response Team - CERT Program Subgrant Application for the continuation of the CERT Program. CONCURlE: /~ ............... Douglas M. Anderson County Administr tor Man~Mdget: b Other. .. (Chec r,Copy only, ¡applicable) - COMMISSION ACTION: 'JJ,APPROVED [] DENIED [] OTHER: Approved 5-0 Review and A County Attorney: Originating Dept: Finance: Purchasing: Other: Effective: 5/96 ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners William Hoeffner, Director tift July 8, 2008 - Consent Agenda Item #E2 From: Date: Subject: CERT Program Sub-Grant Application The Community Emergency Response Team (CERT) Program helps train people to be better prepared to respond to emergency situations in their communities. When emergencies happen, CERT members can give critical support to first responders, provide immediate assistance to victims, and organize spontaneous volunteers at a disaster site. CERT members can also help with non-emergency projects that help improve the safety of the community. Overall, CERT training creates a volunteer response force that can supplement the emergency and disaster response capabilities within a community. The S1. Lucie County CERT is a collaborative effort between the City of Port S1. Lucie, S1. Lucie County Sheriffs Office, S1. Lucie County Fire District, S1. Lucie County Public Safety Department, and Indian River Community College. The program was initiated three years ago and has approximately 120 volunteers. CERT members give critical support to first responders in emergencies, provide immediate assistance to victims, collect disaster information, support first responder efforts, and supply immediate help within hours following a major emergency. The program is coordinated by Indian River Community College, which also provides supervision and office space for the program. The Sheriffs Office, Fire District, and the Public Safety Department assist in providing training. Each jurisdiction, along with Port S1. Lucie, also contributes $6,000 to the program. Staff Recommendation: Staff recommends the Board authorize the submittal of the State Emergency Response Team - CERT Program Sub-Grant Application for funds in the amount of $20,000.00. \. ITEM NO. F DATE:J1Jly 8, 2008 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Watersong South Subdivision - Release of surety BACKGROUND: See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: On December 6, 2005 the Board granted final PUD approval of Watersong South PUD (Resolution 05-468). On March 21,2006 the Board approved the Subdivision Improvement Agreement with Ginn-La St. Lucie L TD, LLP for Watersong South PUD. On April 18, 2006 the Board approved the final plat of Watersong South PUD. RECOMMENDATION: Staff recommends Board approve the release of surety for Watersong South PUD Subdivision, and authorize the Chairman to sign. COMMISSION ACTION: [)4 APPROVED [ ] DENIED [ ] OTHER Approved 5-0 Doug as Anderson County Administrator [x] County Attorney ,)\¡,' t" ()>'..... [x]Orig, Dept Public works~ WATERSONG South relea~ CoordinationlSiQnatures I ] Mgt & Budget [ JOther {x] Co. Eng,MV? [x]Env. Resources----,lJ¡l £#11. ' U'''l Page 1 of 2 #,. ." DIVISION OF ENGINEERING MEMORANDUM TO: FROM: Board of County Commissioners Mike Powley, County Engineer Mv f ~~\r\,. July 8. 2008 DATE: SUBJECT: Watersong South Subdivision - Release of Surety Watersong South PUD is located on South Hutchinson Island approximately three miles north of the FPL Nuclear Power Plant. The property lies east of SR A-1-A and west of the Atlantic Ocean. The project is comprised of eighteen(18) single family lots. Utility service is provided by FPUA. The developer has requested a release of surety in the amount of $721,822.85. This figure represents 100% of the present bond amount. The developer has provided the required documents which verify that the improvements associated with Watersong South PUD subdivision have been completed and is requesting the release of surety, The record drawings and the engineer certificate of completion (see attached exhibit "An) have been reviewed by the Engineering Division staff. Field verification of the improvements was completed on June 10,2008 by the Engineering Department. Staff recommends the Board approve the release of surety and authorize the Chairman to sign. Page 2 of 2 ,f'- Exhibit "A" QE:ast Bay 631 U,S, Highway One, Suite 400 North Pal'll Beach, FL 33408 Tel: 561~296~4525 Fax: 561 ~296~4547 February 26, 2008 S1. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 Ft. Pierce, FL 34982-5652 Attn: Mr. Ronald H. Harris, P.L.S. Re: Request for Bond Release Dear Sir, As Engineer of Record and representing the oblige; Ginn-LA Hutchison Ltd. LLLP, East Bay Group, LLC, hereby respectfully requests the release of the Completion Bond No. 20BCSDV0733 for the Watersong South/North Hutchison Island project as the project is complete and constructed in substantial conformance with the approved plans. ~loJereIY, .)~, Y(~I (( ') i/ I t L)".' . d---~..~ ~¡chàrd V. Reil<"..en!s, PE \ Engineer or Record State of FL Registration No. 26978 1 of 2 "",' Environmental Resources Department Agenda Item Companion Report TO: Ron Harris, Public Works Department FROM: Amy Mott, Environmental Regulations Manager DATE: June 27, 2008 RE: Watersong South - release of surety agenda request DEPARTMENT COORDINATION The Environmental Resources Department was asked to sign off on an agenda request pertaining to the release of surety for Watersong South. ERDINPUT ERD reviewed and commented on the Watersong South site plan from its initial submission in 2003 to its eDCC approval on December 6, 2005 (approved via Resolution 05-395). The original 31 lot subdivision was reduced to 16 lots eliminating all primary wetland impacts. The 12.25 acres of mangrove wetland on the west side of A1A, which was the final link of natural mangrove corridor between Middle Cove and Mudd Creek natural areas, have been conveyed to SLC by deed on March 27, 2006 and is now managed by SLC Mosquito Control. The 1.81 acre onsite wetland was preserved under a conservation easement granted to the DEP and recorded in SLC records May 16, 2006. And the 1.63 acre restored dune system was placed under a conservation easement granted to the DEP and recorded in SLC records May 16, 2006. ERD RECOMMENDATION ERD concurs with 'Public Works to release of surety agenda request. ~<L (~ Signa re cc: Lee Ann Lowery, Assistant County Administrator 2 of 2 "" AGENDA REQUEST ITEM: # G DATE: 7/8/08 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Wayne Teegardin Risk Manager SUBMITTED BY (DEPT): Human Resources I Risk Management SUBJECT: Addition of Medical Examiner's Office to BOCC Group Health Plan and to provide Worker's Compensation Insurance Coverage. BACKGROUND: The Medical Examiner's Office has resided at Indian River Community College for approximately eighteen years under an Interlocal Agreement. Under the Interlocal Agreement, employee's ofthe ME's Office were covered by the college employee benefit package for group health, worker's compensation, general liability, and routine office functions such as payroll, and human resource services. While conducting an audit in May of this year the IRCC Risk Management Consortium determined that no employee I employer relationship existed between the college and the ME as the ME's Office is funded by St. lucie, Martin, Indian River, and Okeechobee Counties. The audit resulted in the determination that the college could no longer provide employer services to the ME's Office. GENERAL NOTES: As the Medical Examiner's Office resides in St. Lucie County, the Board of County Commissioners has been approached to provide group health and worker's compensation coverage for the ME's employees. NIA, St. Lucie County BOCC will invoice ME for services provided. NIA FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of the addition of the Medical Examiner's Office to the BOCC Group Health Plan and to provide Worker's Compensation Coverage. COMMISSION ACTION: pq APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: "'--/ / ¡A' CONCUR~E: /-1 '" Douglas M. Anderson County Administrator Originating Dept. Finance: (Check for Copy only, if applicable)_ Review and Aoorovals Management & Budget: Þ¡lJ' Other: Purchasing: ~ '" Other: f .., BOARD OF COUNTY COMMISSIONERS RISK MANAGEMENT WAYNE TEEGARDIN RISK MANAGER TO: BOARD OF COUNTY COMMISSIONERS FROM: Wayne Teegardin, Risk Manager DATE: July 8, 2008 SUBJECT: Addition of Medical Examiner's Office to BOCC Group Health Plan and to provide Worker's Compensation Insurance Coverage. Backoround: After being notified of the cancellation of the Interlocal Agreement between the Medical Examiner and Indian River Community College, Dr. Mittlemen (Medical Examiner) approached the St. Lucie County Board of County Commissioners to explore the possibility of the SOCC providing group health coverage and worker's compensation coverage to the ME's employees. The ME's Office is funded by St. Lucie, Martin, Indian River, and Okeechobee Counties using a formula based on selected criteria from the preceding year. Under the proposed Interlocal Agreement between the Medical Examiner and St. Lucie County SOCC, the BOCC will provide group health coverage and Worker's Compensation insurance coverage to the ME's employees and will invoice them for services provided at the established rates provided to current SOCC pa rtici pa nts. Through a separate agreement, the ME's Office will continue to be physically located at Indian River State College. Recommendation: Staff recommends approval of the addition of the Medical Examiner's Office employees to the BOCC Group Health Plan and to provide Worker's Compensation Insurance coverage. JOSEPH E. SMITH. District No.1 DOUG COWARD, District No.2 PAULA A. lEWIS, District No_ 3 CHARLES GRANDE, District NO.4 CHRJS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, Fl. 34982-5652· Phone (772)-462-1783 FAX (772) 462-2361 - email: teegardw@co.st-lucie.fl.u5 website: www.co.5t~lucie.fl.u5 Florida Community Colleges Risk Management Consortium 5700 SW 34TH Street. Suite 1205 . Gainesville Florida 32608-5367 (352) 955-2190. SunCom 625-2190. Fax (352) 955-2069 To: Shelia Daniels Dean Human Resources Indian River Community College From: Chauncey Fagler Executive Director Florida Community Colleges Risk Management Consortium Date: June 10,2008 Re: Medical Examiner Employees After review and discussion with the Florida Community Colleges Risk Management Consortium General Counsel FCCRMC does not see how the Medical Examiner (ME) arrangement fits into any definition of a grant or employment with the college. · This is a group of four counties hiring a medical examiner and the college agreeing to be a landlord, · The contract doesn't say anything about the ME providing any benefit to the college. · The counties clearly are the entities benefiting from the arrangement, as Florida law (Ch. 406) requires there to be an ME for each district (which can be a county or a group of counties), who is to perform certain enumerated duties. · The Governor appoints the ME (Section 406.06(1)(a), not the college. · The ME may appoint associates, who serve at his pleasure (406.06(2», not the college, so you have an employee who is the final authority to hire and fire other employees. · The compensation for the ME is established by the county (406,06(3), not the college, and the governor may suspend the ME, not the college. · A state commission, not the college, may remove the ME. · In short, this is not an employee of the college and it is not the normal grant where the college is getting the benefit of the arrangement. FCCRMC cannot justify underwriting or how to classify the activities of the ME as those activities described or discussed are not educational in nature benefiting the college. If the college were to take the position that the ME is their employee, then FCCRMC does not see how the college would not be liable for the ME office's negligence, In fact, the ME's ILA says that he's an independent contractor of the county, precisely so that the county won't be liable. Please call with any questions. Thank you. INTERLOCAL AGREEMENT FOR HEALTH. UFE AND WORKERS' COMPENSATION INSURANCE SERVICES THIS INTERLOCAL AGREEMENT made and entered into this day of ,200_, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and the MEDICAL EXAMINER FOR DISTRICT 19. FLORIDA. hereinafter referred to as the "Examiner." WIT N E SSE T H: WHEREAS. Section 163.01, Florida Statutes. provides that public agencies may cooperate by agreement to provide necessary and essential public services; and, WHEREAS. the purpose of Section 163.01, Florida Statutes, is to permit public agencies to make the most efficient use of their powers by cooperating with other public agencies for their mutual benefit; and, NOW. THEREFORE. in consideration of the premises and of the terms, conditions and covenants herein contained, it is agreed by and between the parties hereto, as follows: 1. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Interlocal Cooperation Act. 2. The County shall provide or contract with a third party or participate in a self-insurance pool pursuant to Section 163.01, Florida Statutes. to provide health, life and workers' compensation insurance services as set out in Exhibit "A." 3. The County shall bill the Examiner based on the rates established by the Board of County Commissioners. Rates are calculated on the basis of claims experienced by the entire group, expenses for processing claims. reinsurance premiums, and other, insurance policy related costs. Payment shall be due within thirty (30) days of the billing date. 4. The Examiner agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims. recoveries, costs, and expense in any way arising out of or in connection with the performance of this Agreement. C: \DOCUME-l \ADMINI -1 \LOCALS-1 \ Temp \XPgrpwise \medical examiner-Insurance,dac -1- 5. This Agreement shall continue in effect from the day and year first written above until terminated by either party upon no less than sixty (60) days written notice to the other parties prior to January 1 of each succeeding year. 6. The Agreement ay only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 7. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to: AS TO COUN1Y: WITH A COpy TO: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 AS TO EXAMINER: Medical Examiner 2500 South 35th Street Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by facsimile, and (c) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 8. This Agreement shall be binding upon the successors and assigns of the parties hereto and shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. 9. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. c: \DOCUME-l \ADMINI -I \LOCALS-I \ Temp \XPgrpwise \medical exam; ner-Insurance.doc -2- IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms and conditions above stated on the day and year below written. ATTEST: BOARD OF COUNT COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: MEDICAL EXAMINER FOR DISTRICT 19, FLORIDA BY: Medical Examiner C:\DOCUME~l \ADMrNr~l \LOCALS~l\ Temp\XPgrpwise \medical examiner-rnsurance.doc -3- EXHIBIT "A" 1. Provide health benefit programs. 2. Excess insurance for health and accident programs. 3. Provide claims service for health and accident programs. 4. Provide life insurance programs. 5. Provide workers' compensation insurance coverage. 6. Miscellaneous insurance policies as needed through a bid or negotiation procedure depending on cost. (In some instances, it is advisable for the entity to purchase such insurance individually.) C: \ DOCUME-I \ADMINI -I \1..0CAI..S-I \ Temp \XPgrpwise \medical examiner-Insurance.doc -4- "- MEMORANDUM TO: Edwin R. Massey, Ph.D. President FROM: Stephen C. Huntsberger Assistant Dean of Public Service Education VIA: Dr. Raymond Isenburg Vice-President of Applied Science and Technology DATE: March 12, 2004 SUBJECT: Medical Examiner District 19, Amended and Restated Interlocal Agreement I am requesting that the District Board of Trustees approve the attached agreement for the Medical Examiner District 19 Office. This is an interlocal agreement between the Medical Examiner for District 19, Florida, the District Board of Trustees of Indian River Community College, and Indian River County, Martin County, Okeechobee County, and St. Lucie County. IRCC agrees to rent space as described in Exhibit "A" to the Counties for the benefit of the Medical Examiner for a period of 15 years ending September 30, 2018. The agreement has been approved and signed by the Medical Examiner and the Counties. We have reviewed the agreement and recommend approval. Thank you for your consideration. SH/kw .' ~ AMENDED AND RESTATED INTERLOCAL AGREEMENT (MEDICAL EXAMINER) THIS IS AN AGREEMENT by and between the MEDICAL EXAMINER FOR DISTRICT 19, FLORIDA (Examiner), the DISTRICT BOARD OF TRUSTEES (the Board) of INDIAN RIVER COMMUNITY COLLEGE, a public educational institution (IRCC), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute Medical Examiner District 19 (the Counties), for the purpose of providing medical examiner services within Medical Examiner District 19. In consideration of the mutual advantages accruing to the parties, the Examiner, the Board, and the Counties agree as follows: SECTION 1. STATUS OF THE MEDICAL EXAMINER AND COUNTIES. (a) The Examiner shall be an independent contractor, not the agent, servant or employee of the Counties or any other entity or organization. As such, he shall maintain complete and total control of his employees, agents and servants. (b) The Examiner, or his designee, shall prepare and submit a total unified budget by April 1 of each year to each County respectively for the operation of the Medical Examiner. District which shall be subject to approval of the Counties. As set out in S.ection 4, budgeted monies shall be paid directly to the Examiner for proper disbursement to entitled parties. (c) The Examiner shall comply withTitles VI and VII of the Civil Rights Act of 1964; Executive Order Number 11246 entitled "Equal Employment Opportunity"; as supplemented by regulations of the United States Department of Labor (41 C.F.R. Part 60); and applicable Federal Regulations concerning non-discrimination on the basis of mental and physical handicaps. (d) The Examiner and the Counties shall comply with all appl.icable provisions of Chapter 406 of the Florida State Statutes, and rules and regulations of the Medical Examiner's Commission. (e) including: The Examiner shall comply with applicable Standards of Accountability, 9: \atty\agreemnt \interloc\medical examiner -1- ( I. using an accounting system that meets generally accepted accounting principles. ii. maintaining such records and accounts as are necessary to properly account for funds disbursed to and expended by the Medical Examiner. III. retaining relevant retords for a period of not less than three (3) years, unless otherwise provided by law. iv. affording the Medical Examiner Commission, the Florida Department of Law Enforcement, the Counties and the Auditor General acceSs to all records and accounts necessary to justify the use of funds disbursed by the Counties. v. using funds received from the Counties only for the provision of Medical Examiner services. vi. maintain a detailed inventory of fixed assets for tangible personal property. vii. affix a property tag number to each piece of equipment owned by the medical examiner. (f) ,The Examiner shall provide the Counties witha quarterly expenditure report in a form acceptable to the Counties. (g) The Examiner shall annually provide the Counties with a copy of a financial audit required by Section 11.45, Florida Statutes (2002). The Examiner agrees to select as its auditor the auditor selected by St. Lucie County to prepare the financial audit for the County. SECTION 2. RENTAL AGREEMENT CONCERNING MORGUE LOCATED AT INDIAN RIVER COMMUNITY COLLEGE. (a) LEASE TERM. Pursuant to Section 406.08(5), Florida Statutes, Counties do hereby agree to provide for Examiner and his successors, and in consideration of the covenants herein contained, IRCC does hereby rent to Counties for the use and benefit of Examiner and his successors that certain building known as "The Morgue" located at Indian River Community College (College), 3209 Virginia Avenue, Fort Pierce, Florida, more particularlydescribed in Exhibit "!-", for a period of fifteen (15) years beginning on the 1sT day of October, 2003, and ending on the 30th day of September, 2018. In the event IRCC constructs a new facility which contains adequate space for the Examiner's operations and 9: \atty\o9reemnt\ìnterloc \medical examiner -2- (' upon mutual agreement of the parties, the Examiner shall relocate his operations to this facility and IRCC may use the vacant Morgue in Building I for other purposes as it deems fit. This new space shall become known as the Morgue for the purposes of this agreement. (b) OPTION. Within ten (10) years from the date of this agreement, the Board agrees to discuss with the Counties the g~anting of an option to the Counties to extend the lease term for an additional period of time. At the completion of the lease term, the Counties shall have the right of first refusal with respect to the subsequent lease of the Morgue. (c) RENTAL DURING INITIAL TERM. Counties, for the benefit of Examiner, in consideration of this Agreement and of the covenants and Agreement made herein rents said premises for said term and does hereby promise to pay to IRCC as rental for said premises, , the sum of one and 0/100 ($1.00) dollars per year, payable in advance on the 1st day of October each successive year. (d) CONDITION AND USE Of PREMISES; EQUIPMENT. The Examiner accepts the equipment the equipment identified in Exhibit "B" in its present condition. The Examiner agrees to keep said premises in a good, clean condition; make no alterations or additions to same without the consent of IRCC which consent shall not be unreasonably withheld; permit no waste thereon; and to obey all laws and ordinances affecting said premises. Èxaminer further agrees to use the premises for the performance of autopsies, examinations, and other investigations as deemed necessary by the Examiner and for no other purposes. It is specifically agreed that Examiner shall not use the premises for any personal or private use; the premises to be used solely for Medical Examiner services. In the event it becomes necessary to provide additional major equipment for the Morgue and if agreed by Counties, same shall be provided by Counties. Any equipment purchased with monies budgeted by the Counties shall become the property of the Office of the Medical Examiner and shall be properly tagged. , ' . (e) MAINTENANCE Of PREMISES; PAYMENT OF EXPENSES. IRCC agrees to maintain the exterior of the premises as set forth in the budget approved in accordance with section 3 of this Agreement; however, as set forth in the budget approved in accordance with section 3 of this Agreement, it shall bethe responsibilitY of Counties to provide budgeted funds for the maintenance of the interior of the premises, including the air-conditioning, heating systems, and plumbing facilities provided that the Counties are not responsible to keep same in proper working condition. Counties shall be further responsible for funding, as set forth in the budget approved in accordance with section 3 of this Agreement, all utilities on the premises, including but not limited to. electricity, water and sewer (all of which shall be metered separately), internal security, janitorial service, garbage pick-up andt~lephones. It is understood that Counties have installed a telephone system at the premises, which g:\atty\agreemnt\interloc \medícal exami ner -3- ( telephone lines will be routed directly into the Morgue and not through the College switchboard. No access to the telephone lines shall be permitted by any other extension not in the Morgue premises or through any other equipment. Examiner shall also make provisions for a separate mailbox or post office box to serve the Morgue and Medical Examiner which in no way shall be connected to the College. It is also understood by the parties that the Examiner for auditing purposes is an independent special district and is responsible for all interior maintenance and utility costs as set forth in this section 2 (e), procurement of supplies, including the cost thereof and all matters of Medical Examiner personnel, including payroll records; it being understood that all payroll shall be paid by Examiner. SECTION 3. PROCEDURE TO REVIEW AND APPROVE THE MEDICAL EXAMINER'S BUDGET Pursuant to Section l(b) of this Agreement, the Medical Examiner shall present a total unified budget for the following fiscal year by April 1 of each year to each County respectively. Upon receipt of the budget, the budget shall be referred to a Medical Examiner's Budget Committee, which shall be composed of one (1) representative from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the Medical Examiner to discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011. Florida Statutes (2002), as amended. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt or amend the proposed budget. The Committee shall complete its' deliberations by May 15 of each year. . Upon completing its deliberations, the Committee shall forward the proposed budget to the budget officer or other designated officer for each of the four (4) counties. The proposed budget shall then be presented to each of the four (4) B.oards of County Commissioners for consideration during the Board's normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. In the event any of the four (4) Boards of County Commissioners determine to reduce the total unified budget as proposed, the Board(s) reducing the proposed budget shall amend the proposed total budget, adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7) days. The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. Nothing in this Agreement shall prohibit the Medical Examiner from requesting additional appropriations for good caUSe shown. from the Counties during the budget year. The Counties acknowledge that,the effect of this section will be that any oithe four (4) Board of County Commissioners m~y'reduce the g:\atty\agrumnt\intuloc\medical exilmi ner -4- ,. total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. SECTION 4. DIVISION OF RENTAL AND OPERATING EXPENSE. (a) The expenses of operating the Medical Examiner's Office including rental and purchase of additional equipment as set out herein shall be divided among and borne by the Counties. (b) CALCULATION. The Counties agree to calculate the division of rental and operating expenses April 1 of every year during the term of this Agreement beginning in 2004 by using the above formula based on the autopsy and death figures from the year preceding the year the expenses are recalculated. The f'ecalculation shall be effective on the following October 1. ' SECTION 5. PAYMENT OF RENTAL AND OPERATING EXPENSES (a) During the term of this Agreement, Indian River, Martin, Okeechobee and St. Lucie Counties shall pay to IRCC its estimated, respective share of the rental of the Morgue in advance annually on the 1st day of October of each year effective beginning in 2003. During the term of this Agreement, the Counties shall pay to the Examiner its estimated, respective share ofthe Examiner's monthly operating eXpenses based on the budget approved by the Counties and on the formula set. out in Section 3. The operating expenses shall be paid in advance monthly bëgir.ming on the 1st day of October, 2003. (b) If during any period of this Agreement, the rental and operating expenses of , the Morgue are less than the amounts received from the Counties; the excess funds shall be carried forward to the next year and shall be applied to that county's share of .the operating expenses for the next succeeding year. (c) No county shall be deemed to assume any additional share of thetotaloperating expenses of the Morgue by reason of the default of one or more of the other counties. During the term of this Agreement, IRCC shall provide fire and extended casualty insurance coverage for the real property owned by the Board, ¡nfull insurable value. Examiner shall provide fire and extended casualty insurance coverage for equipment owned by Examiner in full insurable value. ·g:\atty\agreemnt\interloc\medieal examiner '- -5- ,.. During the term of this Agreement, the Examiner shall obtain and carry professional liability insurance as required by Chapter 406 of the Florida Statutes in an amount not less than $1,000,000.00. Solely, to the extent allowed by Florida law,and in no event greater than the limits set out in Section 768.28, Florida Statutes, each party to this Agreement agrees to indemnify and hold the other parties harmless from damages resulting from the negligence of each party, its agents and employees. SECTION 7. COVENANTS BY EXAMINER. (a) During the term of this Agreement, the Examiner and his successors agree to occupy and use the Morgue facilities to perform autopsies within the four (4) county area. (b) At no time shall there by any personnel in the Morgue located at the College, other than custodians approved by the Examiner, unless accompanied by, a representative from the Medical Examiner's office, except during an emergency. During an emergency, the Medical Examiner will be contacted as soon as possible. During normal business hours, no one shall proceed beyond the front reception area of the Morgue without the express consent of 'Medical Examiner personnel and unless they are accompanied by Medical Examiner personnel. After normal working hours, no one other than Medical Examiner personnel, shall be allowed in the Morgue unless prior permission is obtained from the Medical Examiner's , office; and they are accompanied by Medical Examiner personnel, except in the event of an . emergency. Examiner shall provide College and continue to provide College with a current list of all Medical Examiner personnel throughout the term of this Agreement. (a) Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized and signed, by aI/parties, and attached to the origi~al. (b) In the event of litigation regarding-this Agreement, the prevailing party shall be entitled to payment from the defaulting party otall court costs and reasonable attorneys' fèes incurred in the action. (c) The name of the Morgue facility located at the College shall be 'Office of the Medical Examiner, Districtl9, Florida". . (d) This Agreement shall be binding on the parties hereto, their successor and assigns when permitted. If the premises shall be wrecked or destroyed by fir_e or other casualty so as to render it unfit for occupancy, IRCC shall use the insurancep;oceeds to g: \atty \a9reemnt \interloc \medical examiner -:6- ,. repair or reconstruct said premises as speedily as possible but in no event shall any party hereto be entitled to compensation or damage on account of the annoyance or inconvenience of IRCC in making said repairs; and neither Examiner nor County shall be entitled to compensation or damage on account of such destruction. (e) Neither Examiner nor Counties may sublet or re-rent the subject premises or any part thereof or assign this Agreement or permit any transfer thereof by operation of law without the consent in writing from all parties. Any assignee or sublessee must be approved by all parties. Any assignee or sublessee must be approved by all parties, and such written consent or approval by all parties shall in no way affect or relieve Examiner or Counties of their obligation arising under this Agreement or the laws of this State. (f) This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or Agreements, either verbal or written, between the parties hereto. (g) The Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida. (h) This Agreement can be cancelled upon giving twelve (12) months prior written notice before the beginning of the next fiscal year by anyone (1) of the four (4) Counties provided that the non-terminating Counties shall have the option to continue renting the morgue facilities subject to the terms and conditions of this Agreement. The termination of this Agreement shall not require IRCC to refund any monies collected by the Board pursuant to this Agreement. In addition, the termination of this Agreement shall not require any of the non-terminating counties or the Medical Examiner to refund any monies or equipm_ent collected or purchased pursuant to this Agreement. , (I) This Agreement shall be filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida, prior to its effectiveness. SECTION 9. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certifièd or registered mail, return receipt requested, first class, postage prepaid and addressed as follows: g:\otty\ogreemnt\interloc \medical examiner -7- ( IF TO IRCe: With a copy to: Dean of Administration and Finance 3209 Virginia Avenue Fort Pierce, Florida 34982 IF TO EXAMINER: With a copy to: Dr. Roger M. Mittleman Medical Examiner 2500 South 35th Street Fort Peirce, Florida 34981 IF TO COUNTIES: With a COPy to: Sf. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 Indian River County Administrator 1840 - 25th Street Vero Beach, Florida 32960 Martin County Administrator 24:01 s.E. Monterey Road . Stuart, Florida 34996 ~,~- '. Okeechobee County Administrator , 304 Northwest Second Street Okeechobee, Florida 34972 IN WITNESS WHEREOF. the parties have executed this Agreement by their duly authorized officials on the dates stated below. ' . This Agreement may be executed in . counterparts and each fully executed counterpart shall be deemed an original instrument. g: \Qtty\Qgreemnt\int~rloc \m~di'CQI e.xQmin~r DI~TRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE By'4;~ ii. ~T~~T~man Date: 3/23/04 ' BY: é~~ . Edwln R. Massey; Ph.D. -8- President ( WITNESS: ~ r?cv...f.Q4lU (SEAL) /TIEfT: ~, ' ~ J~tJh-,· /T . Clerk· , Chairman, Board of County' Commissioners . (SEAL) Date: November 18, 2003 4 è-TitIJ& C APPROVED AS TO FORM AND . E L SUFFICIENCY: ATTEST: ~-'- ~ , FLORIDA BY: Ch irman, Board of County ommissioners' (SEAL) . Date: December 15. 2b03 . APPROVED AS TO FORM AND CORRECTNESS: c0t'£D ~ Q ,æ)c..OD.t. cfi , County Attorney , ' OKEECHOBEE COUNTY, FLORIDA (SEAL) . Date:'February 12, 2004 g:\ctty\c9recmnt\interloc:\medical examiner -9- ( '.... ITEM NO. H1 DATE: 07/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Resolution No. 08-192 - A resolution amending the St. Lucie County Manual of Purchasing Regulations by amending; Section 8.2, Contract Requirements, for Professional Services contract requirements adding liquidated/delay damages based upon approval of the County Attorney and a determination of the Purchasing Director; Amending section 7,10, Requests for Qualifications, adding a selection committee composition requirement and clarifying the County selection committee policy; Amending section 5.7, Purchase Of Goods, Equipment, And Contractual Services From Other Governmental Bids, (Piggybacking), clarifying what constitutes a valid piggyback, and listing those types of contracts that would not constitute a valid piggyback. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to adopt proposed Resolution No. 08-192 as drafted. COMMISSION ACTION: ~ APPROVER () DENIED OTHER 'lúlltd riD( to MI1,eJ;~ County Attorney (X) ~I t" o"-h Department () Coordination/S ia natu res Administrat~~1t.A '"":) Jj) Other Purchasing (X) ::}~ , Finance (J for copy only if applicable) _ Page 1 of 9 PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: June 23,2008 RE: Resolution No. 08-192 - A resolution amending the St. Lucie County manual of Purchasing regulations by amending Section 8.2, Contract Requirements, for Professional Services contract requirements adding liquidated/delay damages based upon approval of the County Attorney and a determination of the Purchasing Director; Amending section 7.10, Requests for Qualifications, adding a selection committee composition requirement and clarifying the County selection committee policy; Amending section 5.7, Purchase Of Goods, Equipment, And Contractual Services From Other Governmental Bids, (Piggybacking), clarifying what constitutes a valid piggyback, and listing those types of contracts that would not constitute a valid piggyback. BackQround: Section 8.2, Contract Requirements Professional Services contracts frequently fall behind schedule with the possibility of sanctions being imposed against the County. Late completion of these contracts can also hinder or delay County staff from accomplishing their goals and objectives. Although this is a practice more often found in construction type contracts, staff felt the necessity to also add liquidated/delay damages to Professional Services contracts. With the concurrence of the County Attorney's office, Purchasing has added liquidated/delay damages to all County Professional Services contracts as a means of notifying professional services firms that late delivery of work will carry a penalty to them. This resolution serves to memorialize this item as part of the Purchasing Manual. Section 7.10. Request for Qualifications This item adds the selection committee component requirement stipulating that no more than two staff from the same department may sit on a selection committee unless approved in advance by the County Administrator. After discussions with the Chamber of Commerce, staff proposes to add this requirement to help ensure that a more balanced evaluation will result. In addition, since the Purchasing Manual did not reflect the actual policy used for the selection committee composition, this resolution serves to amend section 7.10 to reflect the actual policy used to determine the composition of the selection committee for the Request for Qualifications process. Page 2 of9 Section 5.7, Purchase Of Goods, Equipment. And Contractual Services From Other Governmental Bids (Pioovbackino) It has been a County practice that goods, equipment, and contractual services may be purchased from other governmental and agency bids without additional competitive bidding as long as the bid documents and selection procedures used by the other government or agency are consistent with the County's purchasing regulations and permit other governments to purchase from the bid. In addition, piggybacking also requires Board approval. This item adds the specific criteria that constitutes a valid piggyback, and also clarifies contracts that would not constitute a valid piggyback. Recommendation: Staff recommends Board approval to adopt proposed Resolution No. 08-192 as drafted, Page 3 of9 RESOLUTION NO. 08-192 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY AMENDING SECTION 8.2 OF THE PURCHASING MANUAL TO ADD LIQUIDATED ¡DELAY DAMAGES TO CONTRACT REQUIREMENTS FOR PROFESSIONAL SERVICES BASED UPON APPROVAL OF THE COUNTY ATTORNEY AND A DETERMINATION BY THE PURCHASING DIRECTOR, AMENDING SECTION 7.10, REQUESTS FOR QUALIFICATIONS, ADDING A SELECTION COMMITTEE COMPOSITION REQUIREMENT AND CLARIFYING THE COUNTY POLICY DETERMINING THE SELECTION COMMITTEE COMPOSITION; AMENDING SECTION 5.7, PURCHASE OF GOODS, EQUIPMENT, AND CONTRACTUAL SERVICES FROM OTHER GOVERNMENTAL BIDS, (PIGGYBACKING), CLARIFYING WHAT CONSTITUTES A VALID PIGGYBACK, AND LISTING THOSE TYPES OF CONTRACTS THAT WOULD NOT CONSTITUTE A VALID PIGGYBACK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, On October 7, 1985, the Board of County Commissioners for St. Lucie County, (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended from time to time, most recently by Resolution No. 08-191, WHEREAS, in order to modify St. Lucie County's Purchasing Policies to ensure timely delivery of Professional Services contracts, it is necessary to amend Section 8.2, Contract Requirements, under Section 8, Contract Procedure, and WHEREAS, in order to ensure for a more balanced selection committee composition and to reflect the actual selection committee composition policy followed by the County, it is necessary to amend Section 7.10 Requests for Qualifications under Section 7, Vendor Selection, and WHEREAS, in order to modify St. Lucie County's Purchasing Manual to clarify the criteria used to determine whether a contract can be used as a valid piggyback agreement it is necessary to amend Section.5.7, Purchase Of Goods, Equipment, And Contractual Services From Other Governmental Bids (Piggybacking). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and Procedures Section 8.2 is hereby amended as shown in the attached Exhibit "A". 2. The St. Lucie County Manual of Purchasing Regulations and Procedures Section 7.10 is Page 4 of 9 hereby amended as shown in the attached Exhibit "B". 3, The St. Lucie County Manual of Purchasing Regulations and Procedures Section 5.7 is hereby amended as shown in the attached Exhibit "C". 4. This resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson XXX Commissioner Paula Lewis, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED this _ day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 5 of9 EXHIBIT "A" PURCHASING MANUAL EFFECTIVE DATE: Julv 8.2008 SECTION 8 - CONTRACT PROCEDURE §.J. CONTRACTS IN THE PURCHASING PROCESS Because legal protection is necessary in purchasing transactions, the County has adopted certain requirements and procedures pertaining to the preparation, execution, and monitoring of purchasing contracts and agreements. 8.2 CONTRACT REQUIREMENTS For purchasing purposes, a contract is a formal written agreement between the Board of County Commissioners (the "Board") and a selected vendor, consultant, or contractor for a particular purchase. a, A contract is required for: 1. Professional Services contracts as described in Section 10. 2. All Capital Projects as described in Section 9. 3. All services which are to be performed on property owned or controlled by St. Lucie County or performed on behalf of the County on property not owned by the County. b. A contract may be required for any other particular purchase, if deemed necessary and requested by the Requesting Department, the Purchasing Director, the County Administrator, the County Attorney, or the Board. c. A contract may be entered into if required by the Vendor. d. Unless specifically required by the Board, the County Administrator, or the County Attorney, purchases of goods or equipment which do not include any associated services, such as installation, do not require a contract apart from the Purchase Order. e. Upon approval bv the County Attornev. the Purchasinq Director may determine that liquidated/delav damaqes be incorporated into Professional Services contracts. Page 6 of 9 EXHIBIT "B" PURCHASING MANUAL EFFECTIVE DATE: Julv 8.2008 7.10 REQUESTS FOR QUALIFICATIONS The Board may authorize the issuance of Requests for Qualifications (RFQ's) to select firms or businesses which afe qualifieG~ to provide goods, equipment, or services based uoon-oo qualifications as are approved by the Board. and staff. in coniunction with State of Florida statutes and other aoolicable rules. reaulations. or laws. Responses to RFQ's shall be evaluated bv a selection committee aooointed bv the Countv Administrator or desianee who will make a recommendation to the Board. unless the Board exercises its ootion to aoooint itself to serve as the selection committee. tho Board or the Board may ::wthorize the County ,^,dministr~lÌor to appoint a selection committee to m:::lke n recommendation to the BO:::lrd. The selection committee shall not be comoosed of more than two (2) staff members from the same deoartment unless aooroved bv the Count\' Administrator in advance. Uoon the selection of qualified firms approved bv the Board. and unless otherwise directed bv the Board. staff #Ie Board may (1) enter directly into scooe Of work and fee contr:::lct negotiations with the firm or firms determined to be qualified which may include simultaneous negotiations with two or more qualified firms or (2) issue Invitations to Bid Requests for BiGs or Requests for Proposals as previously described in this section. Contract negotbtionc m:::lY be delegated by the BO:::lrd to the County ^dministrator or his designees. Professional services regulated by the Consultants Competitive Negotiation Act, Chapter 287.055, Florida Statutes, (the "CCNA") may be acquired through RFQ's provided that the requirements of the CCNA are met as described in Section 10 of this Manual. Page 7 of 9 EXHIBIT "e" PURCHASING MANUAL EFFECTIVE DATE: July 8.2008 5.7 PURCHASE OF GOODS. EQUIPMENT, AND CONTRACTUAL SERVICES FROM OTHER GOVERNMENTAL BIDS (PIGGYBACKING) Goods, equipment, and contr3ctu31 services may be purch3sed from other governmontal and agency bids without ::Iddition::ll oompetitive bidding as long 3S: 1. In lieu of a Reauest for Bids or Quotes. the County may utilize contracts or bids of other aoyernments and aaencies to procure qoods. eauioment. and services if the followinq conditions are present: a. The bid documents and selection procedures used by the other government or agency are consistent with the County's purchasing regulations and permit other governments to purchase from the bid; and, b. The purchase is approved by the Board of County Commissioners for St. Lucie County which approval, at the discretion of the Board, may require an inter local agreement with the other government or agency; and c. The Vendor is willinq to sian a County contract form (if reauired) as orepared by the County Attornev's Office: and. d. The Vendor is willinq to offer to the Countv the oriainal or current unit prices used in the oriainal contract: Current adiusted pricina may be utilized only if the adiustments reflect terms and conditions included in the oriainal contract. e. The unit orices in the oriainal contract include every item that the Countv intends to purchase from the Vendor. f. The bid or contract is active. g. That the pricina in the piqayback contract or bid is considered sufficiently current. fair. and reasonable. c. The contract procedure set forth in Section 8 in this Manual is followed. 2. Piaavbackina may NOT be used for the followina types of aareements: Page 8 of 9 8. Construction. except where the olans and soecifications are exactly the same as in the oriainal contract for the entire oroiect (e.a.. a orefabricated structure). b. Professional Services Contracts. c. Reauest for Qualifications d. Reauest for Prooosals 3. Prior to a deoartment receiyina aoproyal to oiaayback a bid or contract. Purchasina. in coniunction with the County Attorney's office shall oerform all due diliaence reauired to confirm the validitv of the reauest. includina. but not limited to obtainina all documents and authorizations necessarv. Page 9 of 9 ITEM NO. H2 DATE: 07/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasinq Director SUBJECT: Fixed Asset Inventory-Property Record Removal for the St. Lucie County Property Appraiser BACKGROUND: Please see the attached Property Disposition forms from the Property Appraiser with regard to removal of inventory items. These items were a part of this years Auction. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 Doug Anderson County Administrator Coordination/Si~natures County Attorney: (X) , 0 « J.d( Mgt. & Budget:( ) Purchasing Dir.:~ Originating Dept: Finance: (Check for Copy only. if Applicable) Other: Other: BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil Appel, Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director /¡t:/ Date: JULY 08, 2008 Re: Fixed Asset Inventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the St. Lucie County Property Appraiser. These items were apart of this years Auction. · ST. LUCiE COUNTY PURCHASiNG DEPARTMENT '-. \ II .~ REPORT OF ACQUISlTION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 6/13/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ~ISER ___~==--=-_ ---~_~_~ 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IFYES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDITRADED, ETC.) -~.._._-~_._~_._~.,----------_._----_.,.,._._-_.__.._.-_.~,..,._'--::;¡ ~}001 ____._. é:~~~""~~1 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER ...< f·T·'---·_'_·-.._"····_--~_··-_··_._·_.__...-'--._---------.~-..."'.........J.V--_.....,.""] 11. SERIAL NUMBERSØTBJN321615190911 l!.:..:._._..,,_____,_____________._......__..__...___......_..._., 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) :SO"LÔ'A': CO··Ñ~~~~CTC~N_~.~~1.~l,ôã··~~~.~=~=.·===--...,._.~:~=======_=~._=.~~..=====.~~~:==..~===] 6/13/08 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. lNTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASJNG DEPARTMENT L........__. \ " \\ ~ rl.EPORT OF ACQUISITION!DlSPOSITION OR TRANSFER OF PROPERTY TO DAY'S DATE 6/13/08 1, INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) f,c; Vl fu>/2001--'---'~'---~'~-""'-""'-----'~"~-"--~---'----...-.., "'----::':] ~~~___~'~~_~_N_'~_~~''''''''_~~~~~~'~___~~~~~~~"~_______{;~; ..~::7:. 8. DESCRIPTION OF PROPERTY '.., .' ... 998 VEHICLE 9. 10.MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) r-'-'''--·--'-·_·_-··~''''''·''··''-''-·''··-''''··_"··"_",,._,,,-.--'-.............---..-..--,.--,............"'... "'__"'''''''1 !SOLD AT COUNTY AUCTION" 5/10/08 .. '''''--:7-'''' ...' .....--..--.'.;...'.."::--"'-.-"'..'........'..".....'........ -'-'..'.-.-...-...---.-.-.----..,....--- V 6/13/08 DEPARTMENT H OR A TH RIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITJON ST. LUCIE COUNTY PURCHASlNG DEPARTMEj\JT II ·____~\I; ~ REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 6113/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT 'W. _.., y APPRAISER 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. Y¡_ EÞ-~~~f..~Jl3~~Çl~~2"~~~~.~§R.~~~/D<2~~.TÉg~!.RA~ED....§TC..:l----.-.---..-...~._._--.-.-~J~..'..,n~~..l 11/2002 c..:;;; ¡-.. I l-_______~,~~~~"~~~^~_."'~,.,~_'~__m~~._~_____,_,,~~__~"'_ _'~w____~_~~"!,.~~~~.~:'.~:;:"~::: 8. DESCRIPTION OF PROPERTY 1 O. MODEL NUMBER VEHICLE 9. MAKE 11. SERIAL NUMBER FMZU62KX3UA82874 12. MÉI!::!9g-2.f.:..º.I§'=2§A!_º,f., DIS£_<2~~.§_?.~.~~~l<.2~_u R':~.~~~..l.I..f3~P.!.~ETC:.L.__.._...~_._..___....., fSOLD AT COUNTY AUCTION - 5/10/08 ] ~ .._,~ ^'~- ...., -__'_^_~'''''''~~_'hn_r'~'~^_''~~^W^_'''''''''"''^''''''''''_.__...~._"..'''''.~'-".._~''''~'''~__"__.~'.__~^__,~~_,,.._.._._~_~~_~~__"--~_""""U"""_nm~_~"_M"_'~~~~'''_''''''''''..,...__,~_, 6/13/08 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COmJTY PURCHASING DEPARTMENT 1 '~\ REPORT OF ACQUISlTIONIDISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 6/13/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT DIVISION BUILDING AND ROOM # APPRAISER 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF T~~~~~ER~f'Z_ED/DONAT~D/TRADED, ETC,) 111/2002 ---.--- --~-- 8. DESCRIPTION OF PROPERTY _H~~:~~_-C:;)~~J F~,._~~ CD __. >.e:r· 9. 10. MODEL NUMBER 11. SERIAL NUMBER FMZU62K13UA82875 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) r--'---'---' .--.---'-------------. .. "---'~"--'--J SOLD AT CO NTY AUCTION - 5/10/08 ".- ... ...".".--.:;:--....'...".........------.--.--,..----..,..-......., ...-.--,.-.---.---.----.. 6/13/08 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS,PROPERTY DISPOSITION ST. LUCIE COUNTY PURCI-lASING DEPARTMENT ¡ .~ \ '> \, REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 6/13/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ¡PROPERTY APPRÃÎSÈR .~-~~.~-~---_..._----------_.- L____________..' 4. LOCATION CODE .____J 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6, DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) ~.,.., --------.-~._..-~-.__.-~---- ----·····---···-'--·~l 12/2001 I ----.-.--.-.-.------..-- ..----.--.-----..----.,:.,';0' .---~ 8. DESCRIPTION OF PROPERTY 8;;; -n :-1 VEHICLE 9. MAKE 3D82U177777 10. MODEL NUMBER 11. SERIAL NUMBER 12. ,~~HO!?_º£_º)§Pº_~.~Lj!.~~.~OSIN~.g.£.Jt¿~.~!~U~~LU.~.~OL,D, TRA~!..§I~L..___,.__._...._._.__ SOLD AT COUNTY AUCTION - 5/10/08 ] _,.'^~."_'^__~,~~~<-,,,.,,_."...,".@..,".._'_"a____".__._.~_·._·._.w'__~'~M._'~~m_"·..'·_~"_~.,.__".~~~__~~.,,._,.~-"._.,-_.--"~_.--~~,.~._~._~~_,,~""~,~__~,..<o,"...,...""..~M_~~.'''.__ 6/13/08 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY D1SPOSITrON ST. LUCJE COU~JTY PURCHASING DEPARTMENT 1":' '\, \ ~ t REPORT OF ACQUISITIONlDlSPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 6/13/08 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT APPRAISER DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6, DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERRED/DONA TED/TRADED, ¡~ ~~ _ -::J-: ...¡ 2. -I .-< ,J:;: L,J 8. DESCRIPTION OF PROPERTY VEHICLE 9. MAKE ATURN 10.MODEL NUMBER 11. SERIAL NUMBER G8JU54F93Y507774 12, METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) r~"·'~'_·¥"'~""~"-_,,"··«--""""'·M~_'_'·'''~~~'~~M'_'~'.,.._'_'_';"^__"~~".'..~m~~.~,.""",,_,,_,~.=_._~____,_.;_~__,.__''"'_.''~_'·.W'''_'_'__«'_'''~~''"''''''__~''.'''~~'~'_'_.''~.~~_"~~~~»ï ¡SOLD AT COUNTY AUCTION - 5/10/08 J' , .,-.,-"---,,----~,~, ,'., <O.·M..·~·__,·_·,,~'_~_·~'_~~~~~~~.w_·,^'__~.~~~~.~"^..._.~.~_.~~'~~~__"_.__"'_'~_~'^__~~_~~~~._,_,~~_.,..,_,_.~__.-~'~._~.._.,._._'~m_'_~ ORIZED PERSON 6/13/08 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ..... ITEM NO. H3 DATE: 07/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Board approval to award Invitation to Bid (ITB) #08-039, Rental of Construction and Industrial Equipment according to the attached tabulation of the lowest responsive, responsible bidders in order of primary, and then first, second and third alternate bidders. BACKGROUND: Please see attached memorandum, FUNDS AVAILABLE: Funding will come from individual departments based upon needs. PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid (lTB) #08-039 Rental of Construction and Industrial Equipment according to the attached tabulation of the lowest responsive, responsible bidders in order of primary, and then first, second and third alternate bidders, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: 04 ( ) APPROVED () DENIED OTHER Approved 5-0 County Attorney (X) :J/ Department () Coordination/Siq natu res Mgmt & Budget () 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: June 26,2008 RE: Board approval to award Invitation to Bid (ITB) #08-039, Rental of Construction and Industrial Equipment according to the attached tabulation of the lowest responsive, responsible bidders in order of primary, and then first, second and third alternate bidders. Back~round: The current contract for construction and industrial equipment rental expired June 19, 2008. Due to the decrease in construction, prices for construction related items have been decreasing. Staff recommended that it was in the best interest of the County to issue a new ITS rather than exercise the renewal options. ITB 08-039 was issued April 20, 2008 and the bids were opened May 21, 2008, Two hundred sixty two (262) firms were notified, twenty eight (28) bids were issued, and fourteen (14) bids were received. Recommendation: Staff recommends Board approval to award Invitation to Sid (ITS) #08-039 Rental of Construction and Industrial Equipment according to the attached tabulation of the lowest responsive, responsible bidders in order of primary, and then first, second and third alternate bidders for each line item category, and authorization for the Chairman to sign the contract as prepared by the County Attorney. ;- AWARD BID #08-039 - RENTAL OF CONSTRUCTION AND INDUSTRIAL EQUIPMENT Per Day W k M Ih PlCk~~~ Per Day W k M th Flckup & Per Day W k M h PICkup & Per Day Pickup & ee on Del' ae on 00'" ee ont OelNer.' Week Month Oeli~erv Backhoe, Caterpillar 320, Komatsu PC200 or John Deer 690 with thumb, Volvo Rents Briggs Construction Equipment United Renlals. lnc Hertz Equipment Rental Corp track-mounted, 1/2 to 314 cub. yd " bucket $500 I $1,500 I $3.800 I $150 $400 I $1,400 I $3,950 I $300 $500 I $1,700 I $4,200 I $100 $500 I $1,650 I $4,400 I $150 Make & Model Proposed: Volvo EC210 Case CX21 0 John Deere 200CLC John Deere 200CLC Backhoe, Caterpillar 320, Komatsu PC200 or John Deere 690. track- United Rentals, Inc. Volvo Reflts Sunbell Rentals Briggs Construction Equipment 2, mounted with 1/2 to 3/4 cub. yd. bucket $475 I $1.500 I $3,700 I $100 $500 I $1,500 I $3,800 I $150 $425 I $1.500 I $4,200 I $150 $400 I $1,400 I $3.950 I $300 Make & Model proposed: John Deere 200CKlJCB220 Volvo EC21 0 Linkbelt 210 Case CX210 BackhoH, Caterpillar 320, Komalsu PC200 or John Deere 690, track· Hertz Equipment Rental Corp. Volvo Rents Neff Rental, Inc Kelly Tractor Co mounled with 2,000 ft. Ibs. hydraulic 3, breaker $975 I $2.900 I $6,900 I $200 $1,000 I $3,000 I $7,200 I $150 $1,200 I $3.100 I $8,900 I $100 I $2,900 I $8,600 I $500 Make & Model proposed: JD 200CLC Volvo EC210 w/Sreaker Koma1su PC200lKobelco SK210 CAT 320 w/Hammer Backhoe, Caterpillar 325 or Komatsu PC220 track-mounted with 1 to 1-112 Briggs Construction Equipment Volvo Rents Neff Rental, Inc. Southern Track & Pump Inc. 4, cub. yd. bucket I $1,800 I $4.970 I $700 I $1,800 I $5,400 I $150 $850 I $2,175 I $5.900 I $lUO $775 I $2,300 I $7,000 I $85100ur Make & Model proposed: Case CX240 Volvo EC240/Kobelco SK250 Kobelco SK250 T erex TXC 300 Backhoe, Caterpillar 325 or Komatsu Pe220, track·mounted with 110 1-112 Volvo Rents Neff Rental, Inc. Southern Track & Pump lnc United Rental, Inc. 5 cub. yd. bucket with thumb $700 I $1,800 I $5,400 I $150 $850 I $2,175 I $5,900 I $100 $775 I $2,300 I $7,000 I $85/hour $1,200 I $2,700 I $6.800 I $600 Make & Model proposed: Volvo EC2401Kobelco SK250 Kobelco SK250 Terex TXC 300 CAT 325 Backhoe/Excavator, Bobcat 341 with Southern Track & Pump Inc. Volvo Rents 6, grapple attachment or equivalent $325 I $600 I $1.800 I $851hour $225 I $675 I $1.700 I $100 I I I I I I Make & Model proposed: Yanmar VIO 55.5 Volvo ECR 58 - Backhoe/Excavator, Bobcat 341 with thumb or clamp attachment or Volvo Rents United Renlals, Inc. Southern Track & Pump Inc Neff Rental, Ine 7 equivalent $225 I $675 I $1,700 I $100 $250 I $750 I $1.600 I $100 $325 I $600 I $1.800 I 585/hour $375 I $950 I $2,150 I $75 Make & Model proposed: Volvo ECR 58 wrrhumb Takeuchi TB145 Vanmar VIO 55.5 IN1450r55 Backhoe/Excavator, John Deere 120 with thumb or damp atladlrmml or Southern Track & Pump Inc. Sunbelt Rentals Hertz Equipment Rental Corp. Briggs Construction Equipment 8 equivalent $175 I $375 I $1,000 I $85/hour $350 I $1,050 I $2.950 I $150 $375 I $1,200 I $3,000 I $150 $350 I $1.100 I $3.050 I $200 Make & Model proposed: Vanmar via 15 John Deere 120 JC 120 Case CX130 Mini Excavator, Takeuchi 12·100t, Volvo Rents United Rentals, Inc. Sunbelt Renlals Southern Track & Pump Inc. 9 Bobcat 322 or eqUivalent $130 I $300 I $1,000 I $50 $130 I $350 I $700 I $70 $125 I $375 I $950 I $120 $175 I $375 I $1.000 I $85/hour Make & Model proposed: Volvo EC25 Takeuchi TB016 Bobcat 322 VanmarVI015 Track Excavator w/enclosed cab Cat Southern Track & Pump Inc. Hertz Equipment Rental COlD Neff Rental, Inc. Volvo Rents 10 Model, 330,334 $275 I $500 I $1.500 I $85/hour $795 I $2,300 I $7.250 I $400 $900 I $2,700 I $7.900 I $100 $1.000 I $2.800 I $7,800 I $250 Make & Model proposed: Vanmar VIO 35 JD 330 Kobelco SK330 Volvo EC33OJKobelco SK330 Bobcat 753, model 763 or equiv. Volvo Rents Hertz Equipment Rental Corp. United Rentals, Inc, Kelly Tractor Co. 11 $130 I $300 I $1,000 I $50 $115 I $325 I $700 I $100 $140 I $400 I $1,100 I $70 $100 I $300 I $500 I $250 Make & Model proposed: Volvo MeaD Bobcat 130 or 175 John Deere 317 CAT 2168 Backhoe attachment-Bobcat 773 12 I I I I I I I I I I I I Make & Modal proposed: Backhoe w1enclosed Cab CAT Model Nortrax 446 13 $432 I $1,297 I $3.890 I $500 I I I I I I I I I Make & Model proposed: Deere 710J - Bobe;::¡t Model 853 or model B63. Eithe model must have 31x15.50 flotation- Kelly Tractor Co Briggs Construction Equipment 14 type tires $150 I $400 I $1,100 I $250 $275 I $650 I $1,800 I $200 I I I I I I Mako & Modal proposed: CAT 2468 Ca se 435 Bobcéll 743 or model 843 with loader American Equipment Rental Briggs Construction Equipment Hertz Equipment Rental Corp. United Rental, Inc 15 bucket and clam bucket or equivalent $164 I $443 I $1,225 I $150 I $400 I $950 I $200 $203 I $495 I $1.200 I $100 $180 I $600 I $1,300 I $70 Make & Model proposed: New Holland LS170/LS1BO Case 420 Bobcat 130 or 175 John Deere 317 Bobcal773 with 31 x 15.50 flotation Volvo Rents Kelly Tractor Co Briggs Construction Equipment 16 type tires $130 I $300 I $1.000 I $50 $180 I $500 I $1.200 I $250 $275 I $650 I $1,800 I $200 I I I Make & Model proposed: Volvo MCBO CAT 252B Case 435 Page 1 AWARD BID #08-039· RENTAL OF CONSTRUCTION AND INDUSTRIAL EQUIPMENT ~I';-"" , '<",;,< Per Per ~bli¡:e Per 1!1j1:tT::;~ PerDay W k M h Pickup & Per Day I W k I r¡~~;,~::i~ ee ont Delivery 'I Be Bobcat 4408 or equivalent - not exceed _ _ 36" in wid1h. 17 Make & Model proposed: Hydraulic Breaker tor Bobcat 753 or model 853 16 Make & Model proposed: Grapple Bucket for Bobcat Model 753 or model BS3 19 Make & Model proposed: Backhoe Attachment for Bobcat 753 or model 853 20 Make & ModeJ proposed: Earth Auger for Bobcat 753 or model 653 21 Make & Model proposed: Auger Bits from 6-18 inches in length for Bobcat 753 or model 853 22 Make & Model proposed: Auger Bils from 24-36 inches in length for Bobcat 753 or model 853 23 Make & Model proposed: Bobcat 773 with S-Ion trailer 10 24 transport Make & Model proposed: Industrial Broom for Bobcat 753 or model 853 25 Make & Model proposed: Case 1845 Skid Slem 26 Make & Model proposed; Bulldozer, John Deere 400G 27 Make & Model proposed: Bulldozer, CaterDillar D3C, with B-way blade 28 Make & Model proposed: Bulldozer, Caterpillar D3C, with 6-way blade 29 Make & Model proposed: Bulldozer, Caterpillar DSH with 6-way blade 30 Make & Model proposed: Bulldozer, Caterpillar 06 31 Make & Model proposed: Bulldozer, Caterpillar D7H 32 Make & Model proposed: Hi Track Dozer w/Enclosed Cab 06 33 Make & Model proposed: Hi Track Dozer w/Enclosed Cab 07 34 Make & Model proposed: Hi Track Dozer w/Enclosed Cab D8 35 Make & Model proposed: Rough Terrain Material Handler, Gradal 36 534C or equivalent Make & Model proposed: I I I Volvo Rents $100 I $250 I $400 I D&A30V United Rentals, lnc $65 I $150 I $350 I $50 Bradeo 103606 I I I Neff Rental, Inc $50 I $150 I $400 I $251new Volvo Rents $10 I $25 I $50 I Volvo Rents $10 I $25 I $50 I Neff Rental, Inc $85 I $210 I $400 I $25 Volvo Rents $100 I $250 I $400 I Bobcat 84" Angle Broom American Equipment Rental $164 I $443 I $1.225 I New Holland LS170/180 Hertz Equipment Rental Corp $300 I $600 I $2.500 I $150 JD 450 LGP Hertz Equipment Rental Corp $300 I $600 I $2,500 I $150 JD 450 LGP Hertz Equipment Rental Corp $300 I $800 I $2.500 I $150 JD 450 LGP Hertz Equipment Rental Corp $390 I $1,095 I $3,050 I $150 JD 650 LGP Hertz Equipment Renlai Corp. $700 I $1.900 I $5,800 I $300 JD 700 LGP Briggs Construction Equipment $1,000 I $2,900 I $8.500 I $900 Case 1850 Briggs Construction Equipment $850 I $2,375 I $7,050 I $500 Case 1650 Briggs Construction EqUipment $1.000 I S2,900 I $8,500 I $900 Case 1BSO Kelly Tractor Co. I $4.500 I $13,500 I $700 CAT D8 Southern Track & Pump Inc $175 I $500 I $1.500 I $551110ur lerex 5519 Per ~ab.lize Per Per Mobilize Per Per Mooiile Pickup & Per Day PICkup & Per Day Pickup !I. Month I Delivetv Week Month Deliverv Week Month Oeliverv I I I I I I I I I I I I Kelly Tractor Co. Nortrax United Rental, Inc. I $2,400 I $7,200 I $500 $819 I $2.457 I $7,370 I $500 $1,100 I $3,300 I $7,800 I $1,000 CAT D8 Deere 750J CAT DGR United Rentals, Inc $1.500 I $4,4lJ0 I $11.000 I $1,000 I I I I I I CAT 07 High Track I I I I I I I I I United Rentals, Inc Randall Rents Hertz Equipment Rental Corp. $275 I $700 I $1,450 I $100 $200 I $625 I $1,750 I $100 $200 I $650 I $1,800 I $150 JLG G6-42A Terex Gth-644 Lull 644 Hertz Equipment Rental Corp $85 I $200 I $475 I $50 Stanley or Kent KF4 Neff Rental, Inc. $75 I $195 I $550 I $251new I I I VolvO Rents $100 I $250 I $400 I Bobcat Model 30 Hertz Equipment Rental Corp $10 I $20 I $55 I 12" Hertz Equipment Rental Corp. $15 I $35 I $75 I 36" United Rentals. Inc. $160 I $600 I $1,300 I $70 John Deere 317 wlTandem Axel Sunbelt Rentals $75 I $225 I $495 I $50 United Rentals, Inc. $140 I $400 I $1,100 I $70 John Deere 317 Briggs Construction Equipment $400 I $950 I $2,770 I $300 Case 550 Kelly Tractor Co. $300 I $900 I $2.500 I $300 CAT 03 XL Kelly Tractor Co $300 I $900 I $2,500 I $300 CAT 03 XL Briggs Construction Equipment $425 I $1.200 I $3.500 I $140 Case 850 Kelly Tractor Co I $5,600 I $500 I CAT D6N I I I I I I Neff Rental, Inc $90 I $270 I $675 I $25/new United Rental, Inc. $65 I $255 I $595 I $50 Kent KF4SS Sunbell Rentals Hertz Equipmenl Rental Corp. $75 I $225 I $495 I $50 $70 I $225 I $550 I $50 Grapple Bucket I I I I I I United Renlals, Inc, Hertz Equipment Renlal Corp. $65 I $150 I $350 I $50 $70 I $220 I $500 I $50 Bradco X1975 Skidsteer Auger Sunbell Rentals Neff Rental, Inc. $10 I $35 I $150 I $15 I $35 I $100 I $251new Sunbelt Rentals Neff Renlal, Inc $15 I $80 I $195 I $15 I $35 I $100 I $25/new I I I I I I Hertz Equipment Rental Corp Briggs Construction Equipment $60 I $225 I $495 I $50 Skidsteer Angle Broom Kelly Tractor Co $100 I $300 I $500 I $250 CAT 2268 Volvo Rents $400 I $1.200 I $3,000 I $150 John Dere 450/Case 650 $150 I $275 I $600 I $70 Sweepster Hertz Equipment Rental Corp. $170 I $475 I $1,100 I $150 5250 Skidsteer United Rental, Inc. $440 I $1,400 I $3,100 I $100 John Deere 450 LGP Neff Rental, Inc. Sunbell Rentals $330 I $1,000 I $3.000 I $100 John Deere 450 $350 I $1.025 I $2.950 I $150 Case 650 Neff Rental, Inc. Briggs Construction Equipment $330 I $1.000 I $3,000 I $100 John Deere 450 $400 I $950 I $2,770 I $300 Case 650 Sunbelt Rentals United Rental, tnc. $425 I $1.250 I $3,500 I $150 John Oeere 650 or Case 850 Briggs Construction Equipment $650 I $2,375 I $7,050 I $300 Case 1650 $470 I $1,600 I $3,400 I $100 John Deere 550 LGP United Rent<ll, Inc $900 I $2,500 I $6.500 I $700 John Deere 750 Page 2 AWARD BID #08-039 - RENTAL OF CONSTRUCTION AND INDUSTRIAL EQUIPMENT , ,. Per Day W k M 1/ PICkup & Per Day W k M th P¡çkup & Per Day W k M h Pickup 8. Per Day Pickup & ae on 1 Deliv.lfv ee on Deliver ee onl Dei\lerll Week Monlh Delivery Forklift Caterpillar GC 25 4000 pounds . _ . "f '.' Gold Coast H~Llft, Inc. United Rentals, Inc. Randall Renls Neff Rental Inc. 37 II I capacity or equlv. , $125 I $300 I $700 I $140 $130 I $390 I $800 I $70 $100 I $300 I $900 I $100 $165 I S495 I $995 I $50 Make & Model proposed: HEll CPY025 Komatsu FG25T Yale GP-VX 5000 Komatsu FG25T For1dift, Rough Terrain, 2·/4-WO. 5000 38 pounds lift cap I I I I I I I I I I I I Make & Model proposed: Forklîft, Caterpillar TC1 000 with 48-inch Neff Rental. Ine Southern Track & Pump, Inc Kelly Tractor Co Hertz Equipment Rental Corp. f()(ks or equivalent 39 $165 I $495 I S995 I $50 $275 I $800 I $2,300 I S85/hollr $187 I $560 I $1,680 I $400 $350 I $900 I $3,200 I $150 Make & Model proposed: Komatsu FG25T Mustang 634 CAT GC55K Gradal1544 Forklift, Caterpillar TC100D with 96-¡nch Southern Track & Pump Inc. Kelly Tractor Co forks or equivalent 40 $275 I $800 I $2,300 I $851hour $187 I $560 I $1,680 I $400 I I I I I I Make & Madel proposed: Mustang 634 CAT GC55K Forklift, 8000 lb. Cap., solid tire Kelly Tractor Co. Sunoolt Rentals Gold Coast Hi-Lift, Inc. Neff Rental, Inc. 41 $156 I $467 I $1,400 I $400 $350 I $795 I $1,895 I $150 S350 I $650 I $2,000 I $140 $310 I $850 I $2,395 I $85 Make & Model proposed: CAT DP40 JLG 9·43 JlG G945A Telescopic JCB50B Front End Loader, Caterpillar 936 or John Deere 644 w/rubber tires & 3-3.5 Volvo Renls Neff Rental, Inc. Southern Track & Pump Inc Briggs Construction Equipment 42 cubyd Cap. bucket $500 I $1,500 I $3,700 I $150 $495 I $1,500 I $4,100 I $100 $550 I $1,600 I $4.900 I $851hour $500 I $1,450 I $4,200 I $300 Make & Model proposed: Volvo l110/Case 821 Komatsu WA32G Terex TXL 250 Case 721 Front End loader, Caterpillar 928F or model 928G, Komatsu WA 320-1, John Deere 624 or Volvo 190C Briggs Construction Equipment Volvo Rents Her1z Equipment Rental Corp Neff Rental, Inc. 43 w/rubber tires and 3 cub. Yd. capacity bucket $400 I $1,200 I $3,200 I $300 $500 I $1,500 I $3,700 I $150 $500 I $1,500 I $3,800 I $150 $405 I $1,500 I $4,100 I $100 Make & Model proposed: Case 621 Volvo l 110/Case 821 JD 624 Komatsu WA320 F.E. Loader, Caterpillar 926E, John Deere 544E, Case 621 or Komatsu Sunbell Rentals Neff Rental, Inc Volvo Rents Har1z Equipment Rental Corp. WA250 w/ rubber lires and 2.5-3 cub 44 Yd. Cap. Bucket $375 I $1,125 I S3,250 I S150 $425 I $1,175 I $3,385 I $100 $400 I $1,200 I $3,200 I $150 $450 I $1,300 I $3,150 I $150 Make & Model proposed: Case 6210 Komatsu WA250 Volvo L70/Ca5e 621 JD544 Front End Loader w/endosed cab CAT Southern Track & Pump Inc Volvo Renls Hertz Equipment Rental Corp United Rental, lnc Mode11T62G, 930 45 $450 I $1,300 I $3,900 I $85/hollr $500 I $1,500 I $3.700 I $150 $500 I $1,500 I $4,000 I $150 $525 I $1.450 I $3,800 I $600 Make & Model proposed; Terex TXL 200 Votvo L 110/Case 821 JD 624 John Deere 624 Loader, Caterpillar 926E, wI rubber tire Volvo Rents United Rentals, Inc Neff Rental, Inc. Sunbell Rentals 46 & clearing andlor root rake $400 I $1,200 I $3,200 I $1,150 $500 I $1,500 I $3,100 I $100 $450 I $1,275 I $3,550 I $100 $400 I $1,200 I $3,500 I $150 Make & Model proposed: Volvo l70/Case 621 John Deere 544 w/Rake WA200 Komatsu Case 6210 Front End loader, Caterpillar 936E with rubber tires, 3 cubic yard capacity or Neff Rental, Inc Briggs Construction Equipment Volvo Rents Southern Track & Pump Inc 47 equivalent $425 I $1,175 I $3,385 I $100 $400 I $1,200 I $3,200 I $300 S500 I $1,500 I $3,700 I $150 $550 I $1,600 I $4,900 I S85/hour Make & Model proposed: WA2DO Komatsu Case 621 Volvo L11 O/Case 821 Terex TXl 250 Loader/Backhoe Combination, John Deere 310E 4-WD w/3/4 cub Yd. Cap loader bucket & 1 of the following Neff Rental, Inc. United Rentals, Inc. Hertz Equipment Renlal Corp. Southern Track & Pump Ine 48 buckets - 12·in" 18-in., 24-in., 30·in, or 36-in, as needed or equivalent $220 I $575 I $1,275 I $75 $200 I $495 I $1,050 I $100 S185 I $495 I $1,350 I $150 $250 I sooo I S1,600 I $85fhollr Make & Model proposed: Case 580 or John Deere 310 John Deere 31 OG JD 310 or Case 580 Terex TX760B Loader/Backhoe Combination, Sunbell Rentals Southern Track & Pump, Inc United Rentals, Inc Hertz Equipment Rental Corp. Terramite T6 4-WD 49 $140 I $450 I $1,150 I $120 $200 I $450 I $1,350 I $851hour $169 I $570 I $1,510 I $70 $185 I $495 I $1,350 I $150 Make & Model proposed: Terramite T5 Yanmar CBL40 Kubola B21TLB JD310 or Case 580 LoaderlBackhoe Combination, Ford 55 with 16-24-inch sized digging bucket or United Rentals, Inc. Gold Coast Hi·Lift, Inc. Sun belt Rentals Volvo Rents 50 equivalent $200 I $495 I $1,050 I $100 $225 I $800 I $1,300 I $140 $200 I $800 I $1,350 I $150 $250 I $750 I $1,300 I $150 Make & Model proposed: John Deere 310G CAT416 0 JCB 214 Volvo BlBQ Loader/Backhoe Combination, Ford 751 United Rentals, Inc Southern Track & Pump, Inc Briggs Construction Equipment Nortrax 51 with 16-24-inch sized digging bucket $200 I $495 I $1,050 I S100 $270 I $650 I $1,900 I $B5/hollr $300 I $725 I $1,850 I $500 $251 I S753 I $2,260 I $500 Make & Model proposed: John Deere 310G T erex 860B Case 580 SM Deere 41 OJ Crawler Loader Briggs Construction Equipment 52 $1,000 I $2,900 I S7,650 I S2,000 I I I I I I I I I Make & Model proposed; Cat 953 Page 3 AWARD BID #08-039 - RENTAL OF CONSTRUCTION AND INDUSTRIAL EQUIPMENT ~ _or Per Mob"". Per Per Mob"u Per Per Mo',',. Per Per Mo"I". ¡'!'."-':i:(:/:',·¡éi<i<'; Per Day PICkup /I, Per Day PICkup 8. Per Day PIckup & Per Day Pickup /I, _ .;~~)(~Ä0 ~ek~th~ Week~nth~ ~~th~ ~k~th~ Mark Lift, Aenal Boom Lifts. 30 fool . , height United Rentals, Inc. Randall Rents Hertz EqUipment Rental Corp. Gold Coast Hi.Lift, Inc. 53 $250 I $495 I $1,200 I $100 $250 I $550 I $1,250 I $100 $195 I $525 I $1,400 I $150 $275 I $600 I $1,200 I $140 Make & Model proposed: Genie 8-40 or JLG 4008 Genie 2-30/20N Genie 540 or JLG 4005 JLG 300 AJP Mark Lift, Aerial 800m lifts, 40 foot 54 height Make & Model proposed: Mark lifl. Aerial Boom Lifts. 60 fool 55 height Make & Model proposed; Mark Lift, Aerial Boom Lifts, 80 foot 56 height Make & Model proposed: Mark lift, Aerial Boom Lifts, 100 fool 57 height Make & Model proposed: Mark Lift, Aerial Boom Lifts, 110 foot 58 heighl Make & Model proposed: 4 Tall Lift w/solid tires, CAT Model DP40K 59 Make & Model proposed: Long Reach I Track Hoe 80 Make & Model proposed: Roller, self-propelled vibrating, Vibro 61 CA25 or equivalent Make & Model proposed: Roller, 1-ton riding-type w/lrailer 10 62 transport,Eager Beaver SR150W Make & Model proposed: Roller, self-propelled, 5-ton single drum 63 vibrating, Bomag 142 or equivalent Make & Model proposed: Roller, Bomag 172, Caterpillar CS4338 64 or Ingersol Rand SD70 Make & Model proposed: Compactor Roller 3().jncll double drum, 65 walk-behind, or equivalent Make & Model proposed: Scissor Uft, 20-toot height, elee 66 Make & Model proposed: Scissor Lift, 3D-foot height, elee 67 Make & Model proposed: Scissor Lift, 40-foot height, elec. 68 Make & Model proposed: Sloan pump 3-4-inch, with 100 feet of discharge hose or equivalent 69 Make & MDdel pfDposed: Sloan pump, 6-1nch, with 100 feet of 70 discharge hose or equivalent Make & MDdel proposed: Sloan pump, 8-inch, with 100 feet of 71 discharge hose or equivalent Make & Model proposed: Uniled Rentals, Inc Randall Renls Hertz Equipment Renlal Corp. Gold Coast Hi-Lift, Inc. $250 I $495 I $1,200 I $100 $250 I $500 I $1,300 I $100 $195 I $525 I $1,400 I $150 $275 I $600 I $1,200 I S140 Genie $-40 or JLG 4008 Genie 8-40 Genie S40 or JLG 400S JLG 40H, 4003. 450A Randall Rents Gold Coast Hi-lift, Inc. Hertz Equipment Rental Corp. United Rental, Inc. $400 I $750 I $1,750 I $100 $400 I $750 I $1,650 I $140 $350 I $860 I $2,000 I $150 $400 I $950 I $1,850 I $100 Genie $-60 JLG 60H, 6005, 600A Genie S60 or JLG 600S J LG 6005 Randall Rents Gold Coos! Hi-Uft, Inc. Hertz Equipment Rental Corp. United Rental, Inc. $500 I $1,100 I $2,800 I $100 $550 I $1,100 I $3,000 I $140 $595 I $1,275 I $3,450 I $150 $695 I $1,300 I $3,000 I $100 Genie 8-80 JLG 60H, 6005. 800A Genie S8D or J LG 8DOS JLG 8005 Randall Rents United Rentals, Inc. Gold Coast Hi-Ufl, Inc. Hertz Equipment Rental Corp $800 I $1,700 I $4,500 I $100 $675 I $1,800 I $5,600 I $100 $700 I $1,900 I $4,850 I $250 $900 I $2,650 I $7,200 I $200 Genie $-100 Genie S 1 05 JLG 120HX JLG 12005 United Rentals, Inc Randall Rents Gold Coast Hi-Lift, Inc Hertz Equipment Rental Corp. $875 I $1,800 I $5,600 I $650 I $1,800 155,200 I $100 $700 I $1,900 I $4,850 I $250 $900 I $2,650 I $7,200 I $200 Genie S 1 05 Genie 8-120 JLG 120HX JLG 12005 Kelly Tractor Co. $156 I $467 I $1,400 I $400 CAT DP40K Kelly Tractor Co I $2,200 I $6,500 I $500 CAT 320 LR I I I I I I I I I Briggs Construction Equipment $800 I $2,400 I $7,000 I $320 Case ex 210 LR Volvo Rents $1,000 I $2,500 I $7,500 I $150 VOIVD EC240/Kobeico SK250 Hertz Equipmenl Refltal Corp $900 I $2,500 I $6,900 I $250 JD 200CLC or Long Arm Hertz Equipment Rental Corp Volvo Rents $250 I $750 I $1.700 I $150 I R SD70 United Rentals, Inc $100 I $300 I $700 I $70 Wacker R012 United Rentals, Inc. Neff Rental, Inc. $295 I $900 I $2,300 I $100 Bomag aW21 1 $450 I $1,050 I $2,800 I $125 Inaersal Rand 50100 $395 I $1,195 I $2,700 I $200 IR 30100 American Equipment Renlal $136 I $400 I $1,020 I Wacker RO 12 I I I I I I Southem Track & Pump Ine United Rentals, Inc. Hertz Equipment Rental Corp. Sunbell Rentals $300 I $550 I $1,600 I $85!hour Slone SD54 $180 I $630 I $1,450 I $100 Bomag BW145 $190 1 $560 I $1,700 I $150 IR S045 $200 I $560 I $1,700 I $150 Vibromax VM46Q United Rentals, Inc Volvo Rents Briggs Construction Equipment Hertz Equipmenl Rental Corp. $250 I $700 I $2,200 I $150 I R 5070 $250 I $750 I $1,800 I $100 Bomag BW177 $250 I $750 I $1.700 I $150 IR SD70 $250 I $700 I $2,200 I $150 Hamm 3307 Hertz Equipment Rental Corp. $115 I $300 I $700 I $100 IRRD11A- 1 Ton American Equipment Rental $90 I $193 I $460 I Genie 1930 Volvo Rents $150 I $300 I $750 I $50 Gn\enie ES3246 Randall Rents $200 I $550 I $950 I $65 Genie GS-4388 Briggs Construction Equipment $200 I $600 I $1,350 I $200 Wacker RT82 Volvo Rents $100 I $200 I $300 I $50 Genie ES 1930 Randall Rents $200 I $350 I $650 I $65 Genie GS-3246 United Rentals, Inc. $215 I $610 I $935 I $100 JLG 3943 I I I I I I United Rentals, Inc $130 I $230 I $300 I $70 JLG 2030 Hertz Equipment Rental Corp $125 I $400 I $650 I $100 Genie GS3246 of JLG 3246 Sunbell Rentals $225 I $500 I $1,000 r $150 JLG 4069 Randall Rents $125 I $200 I $325 I $65 Genie GS-202 Gold Coast Hi-Uft, Inc $150 I $375 I $650 r $140 JLG 3246 EZ Gold Coast Hi-Lift, Inc. $250 I $600 I $1,100 I $180 JLG 4069 LE 3 incl 4 incl Hertz Equipment Rental Corp Sunbelt Rentals $45 I $115 I $350 I $50 $50 I $145 I $425 I $50 MQ QP301TH MQ Trash QP40Th Hertz Equipment Rental Corp. Sunbell Rentals $160 I $395 I $1,300 I $150 $150 I $450 I $1,400 I $150 Thompson 6VDORT4 MQ Quiet Flow 8unbeft Rentals $250 I $800 I $2,300 I $150 I I I MQ Quiet Flow I I I I I I I I I I I I I I I I I I Page 4 AWARD BID #08-039 - RENTAL OF CONSTRUCTION AND INDUSTRIAL EQUIPMENT Per Day Week Month PICkup /I, Per Day We k M Ih PIC~Up & Per Day W k M th Pi<;kup & Per Day W M Pickup & Del.... e on OelJVO!fv ee an Delivery eek onth Delivery Diaphragm pump. 2-inch, with suction Volvo Rents Gold Coast Hi-Uf!, Iflc 72 and discharge hose or equivalent $40 I $120 I $300 I $40 I $160 I $300 I $100 I I r I I I Make & Model proposed: Wacker PD2 MulliQuip MQ020BH Diaphragm pump, 3-ln, w/suclion and Volvo Renls American Equipment Rental Neff Rental, Inc United Rental. Inc 73 discharge hose or squill. $45 I $150 I $350 I $54 I $173 I $411 I $55 I $165 I $420 I $25 $40 I $160 I $340 I $50 Make & Model proposed: Wacker PD3 Wacker PD3A MultiQuip MGD3H Wacker PDT3A Trash pump, 2-in.. w/suction and Volvo Rents United Renlals, Ine Neff Rental, Inc. Hertz Equipment Rental Corp. 74 discharge hose or equiv. $40 I $120 I $300 I $35 I $125 I $275 I $50 $45 I $130 I $330 I $25 $35 I $130 I $300 I $50 Makø & Model proposed: Wacker PT2 Honda WT20X MultiQuip MQD2H MQ QP202TH Trash pump, 3-in, w/suction and Volvo Rents American Equipment Rental Hertz Equipment Rental Corp. United Rental, Inc 75 discharge hose or equivalent $45 I $150 I $350 I $54 I $173 I $411 I $45 I $145 I $350 I $50 $40 I $160 I $340 I $50 Make & Model proposed: Wacker PT3 Wacker PT3A MQ QP301TH Honda WT30X Trash pump, 4-inch, towable with suction and discharge hose or Sunbelt Rentals Hertz Equipment Renlal Corp Southern Track & Pump Inc. 76 equivalent $50 I $145 I $425 I $50 $50 I $155 I $400 I $50 $105 I $315 r $945 I $851hour I I I Make & Model proposed: MQ QP40TH MQ QP40TH Gorman RUPP Trash pump, 6-jnch, towable with suclion and discharge hose Dr Sun belt Renlais Kelly Tractor Co. Gold Coast Hi·Lift, Inc Southern Track & Pump Inc 77 equivalent $100 I $310 I $800 I $50 $100 I $290 I $800 I $100 $125 I $250 I $800 r $100 $185 I $555 I $1,665 I $85lhouc Make & Model proposed: Thompson 6VDJ PST40S Wacker PT6 MultiQuip MQ62TDD Gorman RUPP Tractor, 40 hp with 3 p+ hilch and Hertz Equipment Rental Corp. Neff Renlal, Inc. United Rentals, Inc P.T,O, NO TRAILER 78 $100 I $350 I $1,000 I $150 $165 I $475 I $1,400 I $50 $167 I $650 I $1,370 I $100 I I I Make & Model proposed: Tractor 40HP Diesel Kubala 4200, 4310 New Holland TN55B4 Trencher, walk-behind w/rubber tires & trailer wI military hitch, Ditchwitch 1020 Volvo Rents United Rentals, lnc Neff Rental, Inc. Hertz Equipment Rental 79 or equivalent $90 r $275 I $750 , $85 I $245 I $700 I $70 $100 I $265 I $695 I $40 $100 r $300 I $900 I $50 Make & Model proposed: Dilchwitch 1030 Ditchwitch 1230 Ditch Witch 1330 OW 1330 Trencher, w/rubber tires, trailer w/mjlitary hitch, hydraulic boom & 60 backfill bladu, 6-12-in wide cap., Oitchwilch 4010 I I I I I I I I r I I I Make & Model proposed: Trencher and trailer wJmililary hitch, Hertz Equipment Rental Corp. Gold Coast Hi-Lift, Inc. United Rentals, Inc Neff Rental, Inc. Oitchwilch 3700 or equiv. 81 $190 I $495 I $1,400 I $100 $200 I $500 I $1,200 r $100 $250 I $800 I $1,695 I $70 $260 I $695 I $1,850 I $75 Make & Model proposed: OW 3700 Boxer 528 Ditchwitch RT 40 Ditch Witch 3700, KT40 Truck, 6 cub. Yd, dump. 10-ton towing capability (pindle hook) and electric Neff Rental, Ine Hertz Equipment Rental Corp. United Renlals, Inc. 62 hookup $240 I $600 I $1,450 I $50 $175 I $525 I $1,400 I $150 $255 I $910 I $2,000 I $100 I I I Make & Model proposed: 6yd Ford or GMC Ledwell, Valew Ford F-650 Truck, 2-lon, stakebed dump (size 12 x 8)( 4 feet, 5-ton towing capability Hertz Equipment Rental Corp 83 (pindle hook) and electric hookup $200 I $595 I $1,500 I $150 I I I I I I I I I Make & Model proposed: 16ft Flatbed Dump Truck, 6 cubic yards minimum Hartz Equipment Rental Corp United Rentals, Inc capacity 84 $200 I $675 I $1,400 I $150 $255 I $910 I $2,000 I $100 I I I r I I Make & Model proposed: Ledwell, Valew Ford F-650 Water Truck, 2000-2500 gal cap Volvo Rents Neff Rental, Inc. United Rentals, Inc. Hertz Equipment Rental Corp 85 $250 I $750 I $2,000 I $150 $300 I $865 I $2,300 I $100 $300 I $950 I $2,000 I $100 $300 I $850 I $2,000 I $150 Make & Model proposed: Ford C650 Ford F-650 w/2000 g5110" tank 2000 gallon water lruck Dump Truck. Off-Road D25D Southern Track & Pump Inc. United Rentals, Inc Hertz Eqipmen! Rental Corp. Briggs Conslfuction EQuipmenl 86 $900 I $2,700 I $8,000 r $85lhouc $1,000 I $2,400 I $7,000 I $700 $950 I $2,800 I $8,000 I $300 $950 I $2,800 I $8,500 I $250 Make & Model proposed: John Deere 2500 JO 2500 Case 325 Dump Truck, Off-Road 0300 United Rentals, Inc Nortrax Briggs Construction Equipment Kelly Trac!or Co 87 $1,200 I $2,650 I $7,200 I $700 $1,018 I $3,053 I $9,160 I $500 $1,150 I $3,350 I $9,500 I $300 I $3,200 I $9,500 I $500 Make & Model proposed: John Deere 300D Case 330 CAT 730 Off Road Articulating Dump Truck, Nortrax Kelly Tractor Co. Briggs Construction Equipment Volvo Model A40 68 $1,461 I $4,383 r $13,150 I $500 I $4,500 I $13,500 I $500 $1,600 I $4,800 I $14,500 I $700 I I I Make & Model proposed: CAT 740 Case 340 Page 5 AWARD BID #08-039 - RENTAL OF CONSTRUCTION AND INDUSTRIAL EQUIPMENT I .. .,.è~ .i~\~1í;,.~ ~PBrDaY ::;k :O~~h Demolition Hydraulic Hammer Backhoe. United Rentals. Inc. B9 Case 5DBK or equIValent - Mobili¡:e Per Per Mobilize Per Per Mob,llze Per Per Mob,lize PICkup /l. Per Day PICkup Ii Per Day Plckup.8. Per Day PÌl::kup & Delive." Week Month Oeliverv Week Month Deliver\! . Week Month j Deliver Make & Model proposed: Hand Pallet Jack, Promatch 213234 or 90 equivalent Make & ModeJ proposed: Compactor 24" plate or equiv 91 Make & Model proposed: Compactor 28~ - plate or eCuiv 92 Make & Model proposed: Compactor 28K - plate Dr equiv. 93 Make & Model proposed: Compactor Rammer or equiv 94 Make & Model proposed: Light Tower, trailer-mounted, 20-foot 95 high mast w/4-1 ODOW lamps or equiv Make & Model proposed: Ughl Stand 1500W electric or 96 equivalent Make & Madej proposed: Arrow board, solar-powered, trailer- mounted, used to direct traffic or 97 equivalent Make & Model proposed: Laser - Laserplane operating diameter Ð8 430-feet or equivalent Make & Model proposed: Laser - Laserplane operating diameter 99 1650-feel or equivalent Make & Model proposed: Laser pipe or equivalent 100 Maka & Modal proposed: Laser visible beam, 200 loot diameter 101 or equivalent Make & Model proposed: Air compressor 100 CFM, towable or 102 equivalent Make & Model proposed: Air hammer, chipping. 15 pounds or 103 equivalent Make & Model proposed: Air hammer 60 Ibs or equivalent 104 Make & Medel pre posed: Air hammer 90 Ibs or equivalent 105 Make & Model proposed: Air hammer 60 100 or eqUivalent 106 Make & Model proposed: Air tool accessories set, moil point, chisels & spade for 60 & 90 Ib hammer 107 or equivalent 108 Make & Model proposed: Generator, portable, 2500W, 110V or equivalent Make & Model proposed: $215 I $675 I $1,500 I $70 Kent K-KF9TLB SunbeU Rentals $25 I $75 I $225 I JW1 I I 1 I I American Equipment Rental $54 I $125 I $312 I BS 502 VolvO Rents $65 I $180 I $400 I IT Lightsource American Equipment Rental $29 I $94 I $190 I I I 1 United Rentals. lnc $40 I $120 I $300 I $50 Trimble LL50Q United Rentals, Inc. $40 I $120 I $300 I $50 Trimble LL500 I I I Sun belt Rentais $55 I $175 I $375 I Spectra Volvo Rents $75 I $200 1 $400 I IR 185CFM Volvo Rents $25 I $70 I $125 I APT Volvo Rents $35 I $75 I $135 I APT Volvo Rents $35 I $75 I $135 I APT Volvo Rents $35 I $75 I $135 I APT Gold Coast Hi-Lift, Inc $21$41$61 SuHair American Equipment Rental $39 I $111 I $267 I Honda EG Sunbelt Rentals $245 I $735 I $2,205 I OKADA Hertz Equipment Rental Corp. $25 I $75 I $150 I Rol-lift T502748 I I I I 1 I I I 1 I I Volvo Rents $45 1 $150 I $350 I Wacker B860 American Equipment Rental $68 I $190 I $430 I RL 4000 I I I I I I I 1 1 I 1 I I I I Hertz Equipment Renlal Corp. $60 I $150 I $400 I $30 Lei Laser 534 American Equipment Rental $68 I $217 I $570 I Milsui MMD 185 CFM Sunbelt Rentals $20 I $65 I $190 I Sullsir American Equipment Renlal $25 I $70 I $168 I Sullair American Equipment Rental $25 I $70 I $168 I Sullair American Equipment Rental $25 I $70 I $168 I Sullair Volvo Rents 55 I $10 I $15 I Hertz Equipment Rental Corp. $30 I $105 I $285 I MikasB GA2.5H Hertz Eqipmen! Rental Corp $50 $385 I $1,100 I $2,000 I $150 JD310 or ease 580 4WD wI breaker United Rentals, Inc. $30 $25 I $75 I $200 I Jet I I I I 1 I I I I Sunbelt Rentals $50 I $150 I $450 I MQMT-65 United Rentals, Inc. $70 I $210 I $425 I $50 Magnum ML T 3060 I I I I I I 1 I I I I I I I I I . I I United Rentals, Inc $65 I $200 I $425 1 $50 Sulla!r 185DPQ Gold Coast Hi-Un, Ine $25 I $75 I $150 I Sulfair LCH3 Gold Coast Hi-Lift. lne $25 I $75 I $200 I Sullair MPB60A Gold Coast Hi-Lift. Inc. $25 I $75 I $225 I Sullair MPB90A Gold Coasl Hi-Lift, Inc. $25 I $75 I $200 I Sullair MPB60A Sunbelt Rentals $2.50 I $750 I $22,50 I Generic Volvo Renls $40 I $120 I $325 I Wacker GP3800A Neff Rental, Inc $450 I $1,050 I $2,8ll0 I $90 Case 580 wfHammer Neff Rental, Inc. $50 $40 I $140 I $300 I $25 I I I I I I I I I United Rental, Ine $40 I $140 I $325 I $50 Wacker B860-21 Hertz Equipment Rental Corp. $75 I 5200 I $465 I $50 IR LS6KW I I I I I I I I I I I I I I I I I I Hertz Equipment Rental Corp. $75 I $190 I $375 I $50 IRP185 American Equipment Rental $25 I $70 I $168 I Sui lair Sun bolt Rentals $25 I $95 I $225 I Sullair Hertz Equipment Rental Corp. $25 1 $115 I $225 I APT180 Hertz Equipment Rental Corp. $25 I $95 I $200 I JR MX60 Hertz Equipment Rental Corp $3 I $10 I $20 I United Rental, Inc $30 I 590 I $200 I $50 Honda EG350 Page 6 AWARD BID #08-039 - RENTAL OF CONSTRUCTION AND INDUSTRIAL EQUIPMENT I':ii;!¡ü,~ 1:¡:;'S;ltt_(:'[ib(i~iIT ,I Per Per Day Week Pickup 8. Per Day Pickup 8. Per Day Pickup 8. Per Day Pickup & Month Deliverv Week Month Deliver\' Week Month Delivery Week Month DelM!/ Generator, portable, 3B00-4500W, 110- Volvo Rents American Equipment Rental United Rentals, Inc Her1z Equipment Renlal Corp. 109 220V or equivalent $40 I $120 $325 I $41 I $125 I $312 I $35 I $100 I $220 I $50 $50 I $160 I $400 I Make & Model proposed: Wacker GP3800 Honda EB Wacker GP3800A MQ GLW160 H Generator. portable, 650DW, 110V or Volvo Rents Hertz Equipment Rental Corp American Equipment Refltal United Rentar, lne 110 equivalent $45 I $125 I $375 I - $55 I $170 I $425 I $0 $51 I $205 I $500 I $50 I $200 I $450 I $50 Make & Model propo5sd: Wacker GP560D Honda Ea Honda EB6500XA Concrete equipment saw, 14-inch. gasoline-powered. hand-held or Hertz Equipment Rental Corp Volvo Renls American Equipment Rental Neff Rental, Inc. 111 equivalent $40 I $115 I $250 I $45 I $125 I $375 I $44 I $148 I $350 I $40 I $120 I $360 I $25 Make & Model proposed; Partner K950 Stihl TS420 Husquama K750 Concrete equipment saw, 14-lnch, gasoline-powered, walk-behind 18hp, Hertz Equipment Rental Corp. United Rentals, Inc. Sunbelt Rentals Gold Coast Hi-lift, Inc 112 self·propelled or equivalent $45 I $130 I $325 I $40 $45 I $150 I $350 I $50 $50 I $150 I $450 I $50 $50 I $125 I $400 I $100 Make & Model proposed: Edeo SK-14 Target EDCO SK14 Concrete equipment trowel machines. Volvo Rents American Equipment Rental United Rentals, I nc Neff Rental, Inc. 113 36-inch, walk·behind or equivalent $50 I $150 r $325 I $56 I $168 I $447 I $40 I $160 I $350 I $50 $55 I $170 I $395 I $25 Make & Model proposed: Wacker CT36 Stow Mulliquid J36H55 MultiQuip Concrete equipmenllrowel machine, 46 Volvo Renls American Equipment Rental Hertz Equipment Rental Corp. United Renlal, lne 114 inch walk-behind or equivalent $55 I $160 I $375 I $56 I $168 I $447 I $50 I $150 I $450 I $50 $52 I 5230 I $500 I $50 Make & Model proposed: Wacker CT 48 Stow Multiquip B46H11 H Concrete equipment vibrator, electric 10·14~inches, with various head sizes Hertz Equipment Rental Corp. Sun bell Rentals American Equipment Rental Volvo Renls 115 or equivalef1t $35 I $90 I $250 I $35 I $105 I $270 I $45 I $112 I $280 I $40 I $120 I $300 I Make & Model proposed: Wacker M2000 Oztec 2.4S5 w/shaft & head Wacker M2000 Welder. towable, gasoline or diesel Volvo Rents Neff Rental, Inc. Hertz Equipment Rental Corp United Rental, Inc. 116 powered, 225 amp or equivalent $75 I $200 I $375 I $75 I $185 I $450 I $25 $65 I $190 I $450 I $50 $65 I $200 I $450 I $50 Make & Model proposed; MQ Pro 400AMP Lincoln Vantage 400 Port-O-Lets - 117 I I I I I I I I I I I I Storage Buildings - Pods - 118 I I I I I I I I I I I I - All other equipment, percentage Volvo Renls United Rentals, Inc. Hertz Equipment Rental Corp Neff Rental, Inc 119 discount below published rental rate: 25% 25% I 25% I 25% 15% I 15% I 15% I 40% 10% I 15% I 20% I 10% I 15% I 15% I Page 7 , 1 ITEM NO. H4 DATE: 07/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Board approval to advertise an Invitation to Bid for airfield electrical vault improvements at the S1. Lucie County International Airport. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 140352-4220-562005-4806 (infrastructure-Consulting Engineer). PREVIOUS ACTION: Budget Resolution Number 08-173 for this project was approved by the Board on May 20, 2008, RECOMMENDATION: Staff recommends Board approval to advertise an Invitation to Bid for airfield electrical vault improvements at the S1. Lucie County International Airport. COMMISSION ACTION: (~ ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney 0, 7(/ (X) 1--':2', .- J ____.J .., - ...."..- (X)'" '> /IL·-,~ .-1, v Airport C;:¡CE_ Óouglas M. Anderson --- County Administrator coordination/SiQnatu:~s ~ ~..L ~ Mgmt & Budget (X) IZ'tV l11J12' Purchasing (X) ,;;;J~'-- Other Finance (J for copy only if applicable) _ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Directo~ DATE: June 26,2008 RE: Board approval to advertise an Invitation to Bid for airfield electrical vault improvements at the St. Lucie County International Airport. Background: This project consists of upgrading the existing airfield electrical vault that powers the lighting, signs and navigational equipment on the airport. This will allow for the expansion of the vault for future electrical needs and provide improved reliability for existing airfield electrical facilities. The Florida Department of Transportation is funding 80% of the project. Recommendation: Staff recommends Board approval to advertise an Invitation to Bid for airfield electrical vault improvements at the St. Lucie County International Airport. ITEM NO. H5 DATE: 07/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Board approval to advertise an Invitation to Bid (ITB) for the purchase of concrete and metal culvert pipe and metal bands /gaskets that will be needed for the Paradise Park Drainage Improvement Project-Phase 2. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 102809-3725-563000-42511 Storm water improvements Paradise Park Phase 2 (grant). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to advertise an Invitation to Bid (lTB) for the purchase of concrete and metal culvert pipe and metal bands /gaskets that will be needed for the Paradise Park Drainage Improvement Project-Phase 2. COMMISSION ACTION: ~ ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney JI/ Road & Bridge (X) (X~ CON~ ¿ Douglas M. Anderson ...... County Administrator Coordination/S ia natures Mgmt & Budget () Purchasing (X) ~ Other Finance (j for copy only if applicable) _ - l' - .<- PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director iì- DATE: June 26, 2008 RE: Board approval to advertise an Invitation to Bid (lTB) for the purchase of concrete and metal culvert pipe and metal bands ¡gaskets that will be needed for the Paradise Park Drainage Improvement Project-Phase 2. Backqround: This is the second phase of the Paradise Park Subdivision storm water management improvements which include drainage and roadways. Recommendation: Staff recommends Board approval to advertise an Invitation to Bid (ITB) for the purchase of concrete and metal culvert pipe and metal bands ¡gaskets that will be needed for the Paradise Park Drainage Improvement Project-Phase 2. ITEM NO. H6 DATE: 07/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Soard approval to advertise an Invitation to Sid (ITS) for the purchase of sod, installed and uninstalled. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 102001-3725-553200 Road Materials PREVIOUS ACTION: Prior contract awarded 10/19/04, ITS# 04-106 agenda item C-8A. RECOMMENDATION: Staff recommends approval to advertise an Invitation to Sid (ITS) for the purchase of sod, installed and uninstalled. COMMISSION ACTION: i)() ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) ~ (X)~~ Road & Bridge CONCURRENCE: ¿,/ - o uglas M. Anderson County Administrator ............. Coo rdination/Sia natu res Mgmt & Budget () 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: June 27, 2008 RE: Board approval to advertise an Invitation to Bid (ITB) for the purchase of sod, installed and uninstalled. Backaround: The current contract expires October 18, 2008, and all renewals have been used. The new contract will be for two (2) years, with two, (2) one (1) year extensions. Staff will have the option of purchasing the sod either installed or uninstalled. As in the current contract, staff proposes making a multiple award. Recommendation: Staff recommends approval to advertise an Invitation to Bid (ITB) for the purchase of sod, installed and uninstalled. ..... ITEM NO. H7 DATE: 07/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBMITTED BY: SUBJECT: Board approval to advertise an Invitation to Bid (ITB) for the demolition of buildings located at 1910 N13 street, FT. Pierce, FL. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001184-6420-549605-600; Domestic Subsidy, Community Development Block Grant (CDBG) PREVIOUS ACTION: Board approval to demolish buildings, 5/13/08, agenda item "F", RECOMMENDATION: Staff recommends Board approval to advertise an Invitation to Bid (ITB) for the demolition of buildings located at 1910 N13 street, FT. Pierce, FL. COMMISSION ACTION: 00 ( ) () DENIED APPROVED OTHER Approved 5-0 KS'v County Attorney (X) Public Works (X) ~ - --¥V\. ( CONCURRENCE: ~i _ O'óuglas M. Anderson --- County Administrator coordinatiOnJSianatùre~d_{'ft J\ Mgmt & Budget (X) 119'f IJ~ Administration (X)~ :Ã:l Purchasing (X) '~ --' Finance (J for copy only if applicable) ..,. , .. PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: July 1, 2008 RE: Board approval to advertise an Invitation to Bid (ITB) for the demolition of buildings located at 1910 N13 street, FT. Pierce, FL. Backçround: The structures located at 1910 N 13 street (attached) were determined to be a hazard to the health and safety of citizens, and especially to the safety of school children going to classes at the school located across the street. The Board gave staff permission to demolish the structures at the BOCe meeting of May 13, 2008, Staff had solicited informal quotes with the intent of requesting a formal bid waiver to complete the project, but could not act upon the quotes when it was discovered that all CDBG projects exceeding $10,000 had to be formally bid, and formal bid waivers were not acceptable under the CDBG guidelines. Recommendation: Staff recommends Board approval to advertise an Invitation to Bid (ITB) for the demolition of buildings located at 1910 N 13 street, FT. Pierce, FL. ,.., To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Agenda Request Item Number Meeting Date: I - 1 07/08/2008 Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ Board of County Commissioners Environmental Resources Department Presented By AmyM~ ~ Environmental Regulation ager Donation in the amount of $1800 from Bryn Mawr Ocean Towers Condominium Association to reimburse the County for expenses related to sea grape trimming and exotic removal on County property (Parcel 10 # 1414-220-0003-000-1) Bryn Mawr Ocean Towers Condominium Association is donating $1,800 to the County for expenses related to sea grape trimming and exotic removal by East Coast Tree Company. See attached memo, Funds will be made available in 102-3920-546300-300 (Grounds Maintenance) Board approval of Budget Resolution 08-214 accepting the $1,800 donation from Bryn Mawr Ocean Towers Condominium Association for sea grape trimming and exotic removal on County property by East Coast Tree Company. COMMISSION ACTION: ~ APPROVED U DENIED D OTHER CONCURRENCE: þ£ Approved 5-0 County Attorney: ,k" Orig Oept: cJ) A.ß-. ---.,.. Douglas M. Anderson County Administrator Coordination/Si Management & BUdget:l1 Purchasing: Finance: (Check for Copy only, if applicable) PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. ~ ;¡, ,. ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM ************************************************************************ THROUGH: Board of County Commissioners Amy Mott, Eovironmental Regulations Manager~ Lee Ann Lowery, Assistant County Adminisdor TO: FROM: DATE: June 25, 2008 RE: Bryn Mar Condominiwn Association Beach Dune Trimming ************************************************************************ The County has received a request from the Bryn Mawr Ocean Towers Condominium Association which has volunteered to pay for exotic removal and trimming of sea grapes on County property adjacent to their private beach access. Budget Resolution 08-214 will be set up to accept the donation in the amount of $1800 from Bryn Mawr Ocean Towers Condominium Association to reimburse the County for expenses related to sea grape trimming and exotic removal by East Coast Tree Company on 1.28 acres of County property (Parcel ID # 1414-220-0003-000-1). This property is located across N AlA from the Bryn Mawr Condominium property (which is located at 5055 N. AlA, Ft. Pierce, FL), between the N. AlA right-of-way and the Atlantic Ocean beach to the east and west and adjacent properties to the north and south. ERD staffwill be supervising the work, while in the vicinity on another project, to ensure trimming of natives is conducted per the County's Dune Trimming Guidelines and the exotics are properly cut and treated. RESOLUTION NO. 08- 214 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a $1,800 donation from Bryn Mawr Condominium Association for expenses related to sea grape trimming and exotic removal by East Coast Tree Company. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 8th day of July, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 102-3920-366900-300 Donations $ 1,800 APPROPRIATIONS 102-3920-546300-300 Grounds Maintenance $ 1 ,800 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande .xxx .xxx .xxx .xxx .xxx PASSED AND DULY ADOPTED THIS 8th DAY OF JULY, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ... Agenda Request Item Number Meeting Date: 12 07/08/2008 Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Environmental Resources Department Presented By Amy Mott SUBJECT: Request authorization for the Chairman to execute the Environmental Resources Permit application to the South Florida Water Management District (SFWMD) for the Ten Mile Creek Preserve parcel. BACKGROUND: The County has received a SFWMD Environmental Resources Permit application package that was prepared by EW Consultants, Inc. for the property known as the Ten Mile Creek Preserve LLC (Tax ID No. 2326-421-0002-000-4), which was donated to the County in May 2007. The application requires the County's signature as the permittee because the County is now the owner of the subject property, The ERP will allow the developer to receive mitigation credit for wetlands proposed to be impacted on the Eagle Bend project site. Environmental Resources Department has reviewed the application and recommends the Chairman be authorized to execute the application. FUNDS AVAILABLE N!A RECOMMENDATION: May 15, 2007 BOCC accepted, by Resolution 07-192, the warranty deed to the Ten Mile Creek Preserve parcel. Staff recommends the Chairman execute the Environmental Resources Permit application to the South Florida Water Management District (SFWMD) for the Ten Mile Creek Preserve parcel. PREVIOUS ACTION: COMMISSION ACTION: ~ APPROVED 0 DENIED CONCURRENCE: D OTHER Approved 5-0 N~ prr .:::-:::-- Douglas M. Anderson County Administrator County Attorney Cty, EnQineer: JV Coordination! Signatures E.R.D.~ Other: Cty. Surveyor: ~ ~ Other: 'Nt.: ¿ ~ L, ""'!' }- ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM ************************************************************************ THROUGH: Board of County Commissioners Amy Mott, Environmental Regulations Manager ~ Lee Ann Lowery, Assistant County Administr~t TO: FROM: DATE: June 25, 2008 RE: Ten Mile Creek Preserve ************************************************************************ The County has received a SFWMD Environmental Resources Permit (ERP) application package that was prepared by EW Consultants, Inc. for the property known as the Ten Mile Creek Preserve LLC (Tax ID No. 2326-421-0002-000-4), which was donated to the County in May 2007. The application requires the County's signature as the permittee because the County is now the owner of the subject property. The ERP will allow the developer to receive mitigation credit for wetlands proposed to be impacted on the Eagle Bend project site. Environmental Resources Department has reviewed the application and recommends the Chairman be authorized to execute the application. The County will be the sole applicant on the SFWMD ERP for this parcel since it owns the land. The ERP for the Ten Mile Creek preserve parcel, however, will be processed concurrently with the Eagle Bend ERP and linked by special conditions included in both permits. The Eagle Bend project site contains 9.0 acres of State jurisdictional wetlands which must be mitigated for due to size thresholds. All of these wetland areas have been significantly altered from their natural state due to historic and continued cattle grazing operations on-site. As mitigation for the development impacts to these altered wetlands, the applicant is proposing the following to the SFWMD: 1) Acceptance of the purchase of 4.8 herbaceous wetland credits at the Bluefield Ranch Mitigation Bank for approximately $450,000; 2) Creation of 3.2 acres of marsh within two of the stormwater ponds in the Eagle Bend development. The activities associated with the marsh creation are described in detail in the Eagle Bend PUD application and will be recorded with the Eagle Bend Preserve Area Maintenance and Monitoring Plan; 'i 3) Credit for the purchase and donation of the 6- acre riverine floodplain parcel along Ten Mile Creek to St. Lucie County. The land donation is already completed. The activities associated with mitigation on the IO-Mile Creek preserve parcel (restoration, monitoring and maintenance) will be the responsibility of the Falcone Group through the monitoring period (5 years after ERP issuance barring any schedule modifications). These activities, as described in the Ten Mile Creek Preserve Parcel Monitoring and Maintenance Plan, will be included as special conditions to the Eagle Bend ERP, as well as included as an exhibit to the Ten Mile Creek preserve parcel ERP. In addition, this plan has been included as part of the PUD application and will be recorded with the Eagle Bend Preserve Area Maintenance and Monitoring Plan. "I' AGENDA REQUEST ITEM NO. J DATE: July 8,2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES NTED BY: DON MCLAM T DIRECTOR SUBJECT: Approve bid waiver and sole source declaration to R. Station roof replacement. Reallocate IFF Funds in the amount various locations: Service Station, S.C. Annex and the Sheriff Han of $2,450 from the Port St. Lucie library roof project to paint the Davis Construction for the Service to accomplish specific projects at se remaining funds in the amount or of the Port St. Lucie library BACKGROUND: See Attached Memorandum FUNDS AVAIL: 001-1931-546200-15009 (Maintenance Projects-Fort Pierce library) 001-1931-546200-7506 (Maintenance Projects-Port St. Lucie library) FUNDS WILL BE MADE AViAL: 001-1931-546200-1525 (Service Station-Maintenance Projects) 001-1931-546200-150067 (S.C. Annex-Maintenance Projects) 001-1931-546200-150047 (Sheriff Hangar- Maintenance Projects) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the following: to Sole source and bid waiver to R.K. Davis construction Corporation for the Service Station roof replacement project. to Reallocate IFF Funds in the amount of $26,000 to accomplish specific projects at various locations: Service Station-roof replacement ($6,000), S.C. Annex-electrical work ($10,000), and Sheriff Hangar- manual override system ($10,000). to Utilize available IFF Funds in the amount of $2,450 that remain from the Port St. Lucie library roof project. These funds will be used for painting the interior of the Port St. Lucie Library. Staff further recommends the Board authorize the Chair to sign the contract as prepared by the County Attorney. Other: Purchasing M9r.~/ Other: ION ACTION: [ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Coordination/Signatures County AttorneY:~ fì~ f~S'!'" Originating D~ (J;;;;-- , Mgt & Budget: Finance: (Check for Copy only, if Applicable) Eft 1/97 R,\AGEh~A\AGENDA-300 REALLOCATE IFF FUNDS-VARIOUS PROJECTS.DOC · MEMORANDUM DEPARTMENT OF CENTRAL SERVICES FROM: BOARD OF COUNTY COMMISSIONERS Don McLam, Assistant DirectoG~ TO: DATE: July 8, 2008 SUBJECT: Approve bid waiver and sole source declaration to R.K. Davis Construction. Reallocate IFF Funds in the amount of $26,000 to accomplish specific projects at various locations: Service Station, S.C. Annex and the Sheriff Hangar. Use remaining funds in the amount of $2,450 from the Port St. Lucie Library roof project to paint the interior of the Port St. Lucie Library. BACKGROUND: Staff is seeking the Board's approval to accomplish the following projects upon approval to reallocate available IFF Funds. The Ft. Pierce Library Chiller Replacement project came in under budget and IFF Funds in the amount of $26,000 are available to complete these projects: (See Attachment No.1) Service Station-Staff is seeking approval of bid waiver and sole source declaration to R.K. Davis Construction Corporation for the removal and replacement of the existing roofs on the service station and fuel pump canopy at a cost of $33,955. These are the original roofs and are in dire need of replacement. The type of material that will be used is Butler Manufacturing and R.K. Davis Construction Corporation is the sole source franchise of the Butler Manufacturing Pre- Engineered Metal Building System. IFF Funds in the amount of $30,000 have been budgeted for the project, however, due to price increases of steel additional funding in the amount of $6,000 is needed. (See Attachment No.2) S.C. Annex-Electrical work is needed for the generator used for back up power to the I.T. server room for the Clerk of Court and Court Administration. Costs associated with this are $10,000. Sheriff HanQar-lnstall a manual safety override system on the hangar used for the helicopter. Cost associated with this are $10,000. Proiect Service Station S.C. Annex Sheriff Hanger Cost $ 6,000.00 $10,000.00 $10,000.00 $26,000.00 1 .. Port St. Lucie Library-The library interior needs to be painted. The roof replacement project for the library was completed under budget. IFF Funds in the amount of $2,450 are available from that project and staff is seeking approval to use these available funds in the amount of $2,450 to paint the interior. Staff recommends the Board of County Commissioners approve the following: · Sole source and bid waiver to R.K. Davis Construction Corporation for the Service Station roof replacement project. · Reallocate IFF Funds in the amount of $26,000 to accomplish specific projects at various locations: Service Station ($6,000), S.C. Annex ($10,000), and Sheriff Hangar ($10,000). · Utilize available IFF Funds in the amount of $2,450 that remain from the Port St. Lucie Library roof project. These funds will be used for painting the interior of the Port St. Lucie Library. 2 ATTACHMENT NO. 1 LlNE-TO-LlNE TRANSFER REQUEST DEPARTMENT: CENTRAL SERVICES DATE: 06/23/08 TO: 001-1931-546200-1525 MAINTENANCE PROJECTS $6,000,00 $30,000 6- SERVICE STATION/MAINTENANCE PROJECTS 001-1931-546200-150067 MAINTENANCE PROJECTS $10,000.00 $0 / (to S.C, ANNEX/MAINTENANCE PROJECTS 001-1931-546200-150047 MAINTENANCE PROJECTS $10,000,00 $0 SHERIFF HANGARIMAINTENANCE PROJECTS $26,000.00 FROM 001-1931-546200-15009 MAINTENANCE PROJECTS $26,000.00 $40,629 FORT PIERCE LIBRARY/MAINTENANCE PROJECTS $26,000.00 REASON FOR TRANSFER: FUND TRANSFER IS NEEDED FOR SOME VARIOUS PROJECTS NEEDED TO BE DONE THIS FISCAL YEAR WITH LEFTOVER PROJECTS FUNDS FROM THE FORT PIERCE LIBRARY/CHILLER REPLACEMENT PROJECT THAT IS NOW COMPLETE. THIS WILL BE DONE PER BOARD APPROVAL. PHONE #: 1433 CONTACT PERSON: KIMBERLEE GAGNO DEPARTMENTAL APPROVAL: OMB APPROVAL: (l....~O ADMINISTRATION APPROVAL: OMB NOTES: $52,000 INPUT DATE: INPUT BY: L1NE·TO-L1NE TRANSFER #:_DOCUMENT #: - . .. .. ..',......"..,."..,~...---.....,.-_.....M....,___._"""'" ATTACHMENT NO. 2 PAGE 1 OF 5 JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose toprocure the following: Metal roof replacement at the service station and fuel pump canopy. As a sole source procurement from: Richard K. Davis Construction Corporation Name of Company: Same As Above Contact Name: Nate Rubel Phone: 772-461-8335 The basis for this sole source determination and the reason no other vendor is suitable is: Please see attached letter provided by R.K. Davis Construction, proprietary contractor for Butler Buildings. Department/Division Central Services/Bldg. Maint. Date 6/26/08 Authorized Signature Title Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5, Attach proposal from vendor with pricing. purc:~~ G:FORMS\SOLE SOURCE\INT Approved ~ Disapproved 0 ~Ä4 Date .~UÓ/~~/ZUU~ U~:14 ~'AÃ 177Z4Ö57ÖÖ5 ~ KK VaVl~ ~U~~lKU~llU~ ~vv.... ~.KZ)M¡G ,-- t 0'( 1J..)O..;c\ --\-0 - ~ . î\ '-i n r\ -UC5\ { ~ WE'RE BUILDING SOLUTIONSl'M G~--_·,·"'··.. - -."'~ P~G~~~~~ May 19,2008 Desiree Cimino, Procurement Coordinator St. Lucie County Purchasing Department 2300 Vir¡,,>inia Ave.., Room 228 Ft. Pierce, FL 34982 RE: Bid # 08-037- Roof Replacement for Central Services Fuel Station Proprietary Contractor for Butler Buildings Dear Ms. Cimino, Richard K. Davis Construction Corporation is the sole-source franchise of the Butler Manufacturing Pre-Engineered Metal Building System for Indian River, St. Lucie and Martin Counties. Once the material order is placed, Butler Manufacturing will provide signed and sealed drawings from a Florida Engineer (3-4 weeks lead time) as necessary for permitting and construction of new metal roof system to meet current local codes (l4Omph). If you need any additional information, please do not hesitate to calL Sincerely, Jennie 1. Tyrrell Project Manager >@> POST QFFla Box 186, FORT PIERa, FLORIDA 34954 INDIAN RIVER 778-9188 - MAIITIN 463-0300 SAINT LUCie 461-8335 - FAX 465-7665 WWW.RKDAVIS.COM - CGC013084 )5/20/2008 10:19 FAX 17724657665 KK DAV 1~ (;UN~TKLI(;TIUN \\YUU':; 7i!~ .K:Det.Y¡~ -~-- -- ~ , -- - -~] , . , ~ . .~ . ¥' -, --'-"~ '-~~-~ WE'RE BUILDING SOLUTIONS'''' ----_.-=::::=::~ ~AGE ___~_~~.-.~..-,.~--), May 20, 2008 Jerry Flynn St. Lucie County Central Services 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Service Garage and Fuel Pump Canopy Roof Repairs Dear Mr. Flynn: Richard K. Davis Construction Corporation is pleased to provide this proposal for roof repairs at your service garage building and fuel pump canopy. Our proposal is basèd on observations from visiting the site and correspondence with Butler Manufacturing, the metal building manufacturer. OurpToposalof: $33,955.00 includes all labor, material, tax, freight and equipment with the following clarifications: GENERAL CONDITIONS · A Project Manager and working steel crew foreman will be assigned to this project to ensure that scheduling and quality workmanship are provided. · The site will be kept free of construction debris on a regular basis, so that your daily operations won't be interrupted. At completion ofllie project the site will be left clean and ready for use. · Temporary utilities and temporary sanitary facilities have not been included. We will make use of the utilities available on site with usage fees paic:ì fOT by the owner. · A permit aUowance of $500.00 has been included. · An allowance of$1-, 000. 00 for design engineering has been included · Butler Manufacturing shall provide signed and sealed engineered drawings for St. Lucie County permitting. Proposed roof system will be designed to meet 130 mph, exposure B. ><::fÆ> POST OFFICE Box 186, FORT PIERCE, FLORIDA 34954 INDIAN RIVER 778-9188 - MIl.IlTIN 463-0300 SAINT LUOE 461-8335 - FAX 465-7665 WWW.RKDAVIS.COM - CGC013084 OS/2P/2008 10:20 FAX 17724657665 KK DAV 1:> <.;UN:>U<Ul.;T1UN If9UU<l BUTLER MANUFAtTURtNG CoMPANY 1S40 Gcnessee "l'ans.1J Ci'Y.M064lo:! Pœt Ollie" Bò.~ 419917 Kansas City. MO 64141-G91i Phcn:: ($16)968-3000 www.bu1.k:m1rg.c:onl --""-----'-"-::.="._-"--_.~"" CPAGE 4 OF 5_~/ --------...-...-"- <SUTLER"1Þ A Blil8Scllpø Staal Cnmpøay April 15, 2008 Subject: Price Increase Dear Butler Builder: I had hoped that my March 26 price increase letter would be the last that I had to write for a while, but unfortunately, our costs continue to go up at unprecedented rates. In addition, many of our suppliers are making these increases effective at the time of shipment to us; which means that even projects that are in our current backlog must be fabricated using much higher cost material than anticipated. In light of these increases, we are reluctantly forced to raise building prices an average of 8%-10% in order to recover a portion of our added costs. This is in addition to the 10% increase previously announced and is effective on all orders entered April 23, 2008 and later. As stated in our last price increase bulletin, all these orders must be shipped by June 25 to avoid this increase. The Butler Advantage. FastRoof, and Express Parts Pricing programs are being changed to reflect these added costs and will be available to down load by the end of April. I realize that price increases of this magnitude are hard to accept, but I assure you that all of our competitors are facing the same issues. As always, we will continue to work closely with you on individual projects to insure that you have the best pricing possible. Please continue to work with your Area Managers to insure that all of your quotes and negotiated discounts are current. And above all else, be sure you are protected by price escalation clauses in your contracts. Thank you very much for your continued support and your business as we move through these difficult times. and please give anyone of us a call if you have any questions or need assistance. Regards, () Ted E. Wolfe President Butler Buildings. North America J5/~u/~OU~ lU:~U rAA 177~4657665 KK VAV is (;UNSTJ:<Ul:HUN Ií!JUU;¡ St. Lucie Country Central Services Service Garage and Fuel Pump Canopy Roof Repairs m_'~"- _.u_.~_,_....~,,',"-c:;.:.;:;;::.::-~:::::::::::=-=--- C---- PAGE 5 o,.~_,~_~~ ""'---------....-...-..,.--.-....- " METALS · Existing roof sheets will be removed. hauled off site and disposed of properly. · Butler Manufacturing Butlerib II 26-gauge Galvalume roof panels witb appropriate transitions, gable trim, gutters, and downspouts shall be provided and installed after old roof sheets are removed. · Existing insulation will be removed and disposed of and new 3" vinyl faced insulation will be installed. Please feel free to contact me with any questions regarding this proposal. Sincerely, 4f~ Nate Rubel Project Manager ..... AGENDA REQUEST ITEM NO. K-1 DATE: July 8, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Purchase and installation of an exterior camera system at the State Attorney's offices to provide increased safety for the employees and the public. Board approval to piggyback off the St. Lucie County School District contract #07-285, Jiffy Photo, and approval of Equipment Request #EQ08-328 and Budget Amendment # BA08-030. BACKGROUND: See Attached Memorandum FUNDS AVAIL: 107-1931-564000-1519 (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase and installation of an exterior camera system at the State Attorney's offices through a piggyback of the St. Lucie County School District contract #07-285 with Jiffy Photo. Costs associated with this are $38,125 and staff is seeking approval of Equipment Request #EQ08-328 and Budget Amendment # BA08-030. Coordination/Signatures County AtlOmeY~ rCl""'" Originating Dep _6l;-- Finance: (Check for Copy only, if Applicable) Mgt. & Budget: ßiD\1\~ MISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Purchasing Mgr,: ~ .Y Other: Other: Elf. 1/97 H,\AGENDA\AGENDA-289 STATE ATTORNEY SECURITY. DOC ,... MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: FROM: BOARD OF COUNTY COMMISSIONERS Don McLam, Assistant Direct~ DATE: July 8, 2008 SUBJECT: Purchase and installation of an exterior camera system at the State Attorney's offices to provide increased safety for the employees and the public. Board approval to piggyback off the St. Lucie County School District contract #07-285, Jiffy Photo, and approval of Equipment Request #EQ08- 328 and Budget Amendment # BA08-030. BACKGROUND: The State Attorney's offices are in need of an exterior camera system to provide increased safety for the employees and the public. Many of the attorney's are required to be there late at night or on weekends, often meeting with witnesses at those times. Due to concerns over transients frequenting the area on a regular basis and an increase in minor acts of vandalism, the State Attorney's office has asked staff to proceed with seeking the Board's approval to purchase and install the exterior camera system. This equipment will serve as a tool to address these safety and liability concerns and provide a safe environment. Funds are available through Fine & Forfeiture. Staff recommends the Board of County Commissioners approve the purchase and installation of an exterior camera system at the State Attorney's offices through a piggyback of the St. Lucie County School District contract #07-285 with Jiffy Photo. Costs associated with this are $38,125 (Attachment No.1), and staff is seeking approval of Equipment Request #EQ08-328 (Attachment No.2) and Budget Amendment # BA08-030 (Attachment No.3). Kralhinkle Photography Group, Inc. JiffY Photo Center a/kIa Lawmen's Photo 940 South Federal Highway Fort Pierce, FL. 34950-5189 SKYPE LD.: Mokosantis ATTACHMENT NO. 1 PAGE 1 OF 2 PRODUCT QUOTE DATE ESTIMATE NO. 6/9/2008 267 NAME/ADDRESS Ship To State Attorney's Office, 19th Judicial Circuit Phill Brodeur, Executive Director 411 South 2nd Street Fort Pierce, FL 34950 State Attorney's Office, 19th Judicial Circuit Bob Franklin, I.T, Director 411 South 2nd Street Fort Pierce, FL 34950 PROJECT ITEM DESCRIPTION QTY COST TOTAL DS XPress - 32 C... DS XPress - 32 Channel, 240 ips, 32 alarm inputs, 1000 1 14,770,00 14,770.00T GB, (2) Xmux-16, Keybopard and Mouse LABOR Labor to install cameras at the State Attorney's Office, 1 5,625.00 5,625,00 terminate connections. Pre-wire and configure Digital Sentry Server, support and (10 hours)training, and includes the rental of a lift HDLCDl900 Sansui 19" LCD TV HDTV I 299,00 299.00T 4inlSP Wall Mount for LCD TV I 39.00 39.00T AL1916W Ah LCD Acer 19" LCD Monitor I 199.00 199.00T CVC-627CM SpeeD Corner Mount Camera, 420 Lines Resolution 2 199.00 398.00T EXTENDED WS... Three, One Year Maintenance Agreements. Covers the 3 800.00 2,400.00T take-down and re-installation of items that are defective. Can be renewed at the end of the term. $23,730.00 (0.0%) $0.00 TOTAL $23,730.00 SIGNATURE Phone # Fax# E-mail Web Site 772-461-0872 772-460-9318 JiffyPhotoCenter@aol.com www.e-Phototronics.com PAGE 2 OF 2 Kralhink1e Photography Group, Inc. Jiffy Photo Center a/kIa Lawmen's Photo 940 South Federal Highway Fort Pierce, FL. 34950-5189 SKYPE LD.: Mokosantis PRODUCT QUOTE DATE ESTIMATE NO. 6/912008 266 NAME I ADDRESS Ship To State Attorney's Office, 19th Judicial Circuit Bob Franklin. LT. Director 4 I I South 2nd Street Fort Pierce, FL 34950 State Attorney's Office, 19th Judicial Circuit PhiIl Brodeur, Executive Director 4 I I South 2nd Street Fort Pierce, FL 34950 PROJECT ITEM DESCRIPTION QTY COST TOTAL ITEMS QUOTED ARE ON TBE SAINT LUCIE COUNTY SCHOOL DISTRICT BID # 07-285 L582VDC4P Rainbow Auto Iris Lens 9 185.00 1,665.00T L212A VDCI Rainbow 2.7-12mm F 1:1.4 Auto Iris Lens 1 69.00 69.00T MTV-63XIIN 1/3" Color Camera, .05 Lux, with BLC,AGC, 2X Zoom, 13 195.00 2,535.00 Mirror Functions Switch ans Selectable DC Iris or Video Iris, 12 Volts DC (or next better camera, as specified per bid) 28/80/CMT, 28-80 Zoom Lensl w Nikon to C-Mount Adapter I 139.00 139.00T NikonCMT .ADPT, Nikon C-Mount Adapter I 22.00 22.00T DV-II8EH-IR-4-9 Hi-Res Color Dome Camera, Mintron VarioFocal Lens, 6 399.00 2,394,00 4, to 9mm CCEVH-148W EM! Environmental Housing wi Ann II 84,00 924.00T NV-I662 NVT Amplified Hub ( to cover the twist and turns in I 2,750.00 2,750.00T one building) NV-1613A NVT-1622 Non-Amplified Hub 1 1,099,00 1,099.00T NV-2 I 4AM NVT Transmitter 32 39,00 1,248.00 Delta Rack Delta Rack as Specified on Your Quote # 17 I 79 1 1,550.00 1,550.00T $14,395,00 (O.O%) $0.00 TOTAL $14,395.00 SIGNATURE Phone # Fax # E-mail Web Site 772-46 I -0872 772-460-9318 JiffyPhotoCenter@aol.com www,e-Phototronics,com ATTACHMENT NO. 2 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: DIVISION: CENTRAL SERVICES ADMINISTRATION RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED JUSTIFICATION: The State Attomey's offices are in need of a security system to provide increased safety for the employees and the public. Many of the attorneys are in court or in their offices late at night, and on weekends due to their high case loads. They also often meet with witnesses at those times. The nearby railroad yards and the area underneath the Citrus Avenue overpass are frequented on a regular basis by transients who also are often found in our parking lots and stairwells. In addition, we have experienced an increase in minor acts of vandalism. loitering on the weekends and suspicious vehicular traffic in the parking lots at night. This equipment is needed to address these safety and liability concerns, and to provide a safe environment for the State Attomey's staff and the public. EQUIPMENT REQ#: CSEQ08-328 ACCOUNT#: 107-1931-564000-1519 A TT ACHMENT NO.3 . . BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Central Services PREPARED DATE: 6/13/2008 AGENDA DATE: 7/812008 FROM: 107-1931-546200-1519 Maintenance 1m rovement $38,125 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: nla nla nla DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: IZ.-:f'O BA08-030 ., AGENDA REQUEST ITEM NO. K-2 DATE: July 8, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Dooleymack Constructors of South FL, LLC / Change Order No. 7 to#C07 -04-195 Project: Havert L. Fenn Center-Special Needs Shelter/Auditorium BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001405-1930-562000-2614 (State Grant-Bldgs.) 316-1930-562000-2614 (FEMAllns.-Bldgs.) 001417-1930-562000-2614 (State Grant-Bldgs.) 316-1930-563000-2614 (FEMA/lns.-Infrastructure) 129-1930-562000-2614 (MSTU Funds-Bldgs.) PREVIOUS ACTION: On May 20,2008, agenda item No. G-2, the Board approved Change Order No.6 to #C07-04-195, to reduce the contract sum. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.7 to #C07-04-195, Dooleymack Constructors, Special Needs Shelter/Auditorium to increase the contract sum by $76,591.74; the new contract sum will be $13,421,391.06. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: bel APPROVED [] DENIED [ ] OTHER: Approved 5-0 ENCE: County Attomey: 0" . D '~\\tÇL- nglnaUng ept: - !k/ Anderson County Administrator Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Elf. 1/97 H,\AGENDA\AGENDA-299 DOOLEYMACK CO-7.DOC l¡ ,.. MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director~V-~ DATE: July 8, 2008 SUBJECT: Dooleymack Constructors of South FL, LLC / #C07-04-195 Havert L. Fenn Center-Special Needs Shelter/Auditorium Change Order No. 7 BACKGROUND: On March 27, 2007, the Board approved award of Bid #07-025 to Dooleymack Constructors for construction of the Special Needs Shelter/auditorium. On April 23, 2007, St. Lucie County entered into #C07-04-195 with Dooleymack Constructors and construction commenced October 2007. (See Attachment No.1) Staff is seeking approval of Change Order NO.7 to #C07-04-195 to incorporate the following changes: (See Attachment No.2) · COR# 12R: Owner requested Architect, at initial design meetings, to include $20,772.94 automatic sensors in all lavatories. This was not done. · COR# 32: The center logo was removed from the gymnasium flooring, ($ 975.00) (cr) resulting in a credit. · COR# 33: Fee correction on previous contractor change order requests, ($ 652.37) (cr) COR #16 and COR #18. COR# 35: Drywall was deleted and added to several areas throughout the ($8,580.00) (cr) building, credit due to these various adjustments. COR# 38: Corner guards in the office area are being deleted; they are not ($ 840.00) (cr) required or aesthetically pleasing. · COR# 39: Additional work to provide furring of gypsum around window to $ 842.09 accommodate the roll up door. · COR# 41: Specified carpet on second floor was discontinued so alternate ($ 330.00) (cr) product substituted resulting in a credit. · COR# 42: Specified model of ice maker was discontinued, will need to provide $ 488.31 another model. . COR# 44: Additional work to provide owner requested building drainage systems. $18,467.85 · COR# 47: Extension of 16" water main at Virginia Ave. based on drawings from $47,397.91 engineer. $76,591.74 Staff recommends the Board of County Commissioners approve Change Order NO.7 to #C07-04- 195, Dooleymack Constructors, Havert L. Fenn Center-Special Needs Shelter/Auditorium. 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'-'oS 8 >-. ~ .~ rIl U õ·.E ..ê ß ç::õ o u'ëil Q) ç:: ~ :B ...."'0 U"'O ç:: '" . 7 "-' Vì =It: ci ¡j - -- 00 o I N N I "<t o v: .-< rr. 1,0. - Vì "'l rr. - ~ I I I I - Vì ¡...: 00 1,0 00· "<t "'l rr. - ~ .. ...... «:l Q o :-6 ~ "C 0 "C .>:: «:l Q) ",1:: Q .- 0<"" ',,= 0 .E! ~ "..= = rIl rIl ,0,.9 ;::l u rIl Q 0Cle) Q . ~ rIl ,-..OQ 00 O·~ -........... . ..~ ~ ~ " 00...... ..... \O~ ca Q) f;;A 0.0:;:: '-" 0 ¡:; .s ...... 3 tr.l.......c~ rIl Q «:l ...... 0·>:: u '..=, G) «:l ;::l ~ .b:<;:: d Q ...... ¡;;¡ o rIl...... u'O...... ~ ¡;l ; «:l 0Cl...... Cl) Q Cl) tï;.s ~ ~ 8 ¡¡¡ ..¿,,-"P-. 'It: o U N ....... 00 o I o N I V") N l"ì 0\ 0'\ r- ~. ~ l"ì M - ~ I I I I - V) c-: 00 \0 00 ~ l"ì l"ì" - ~ CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) ATTACHMENT NO. 2 CHANGE ORDER NUMBER: 7 INITIATION DATE: 6/24/2008 Special Needs Shelter/Auditorium CONSULTANT'S PROJECT NO.: TO (Contractor): Dooleymack Constructors of South FL, LLC 11971 NW 37th Street Coral Springs, FL 33065 ST. LUCIE COUNTY CONTRACT NO: C07-04-195 CONTRACT DATE 23-Apr-07 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A -~ No) Increase in contract sum. The original (Contract Sum) (Guarantee;d Ml!ximl:lFR~t) was Net change by previous authorized Change orders The (Contract Sum) (Glial aT,leed MsxÌI, ,~t) prior to this Change order The (Contract Sum) (GUSI anteed Ma)(iml:lFR Cost) will be (increased) (deereBi3tJ6 or UnGABflgea) by this Change Order The new (Contract Sum) (GuIDc..'1teca Ml!ximl:lffi Cest}..including this Change order will be The Contract Time will be (iA6reBseeJ) (eJe;eA3:;t.ed) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 12,720,633.00 $ 624,166.32 $ 13,344,799.32 $ 76,591.74 $ 13,421,391.06 (-0-) Days Funds Available: Sept. 28, 2008 Account Number (See Attached Sheet) The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed, All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: Dooleymack Constructors of South FL, LLC Contractor: 11971 NW 37th St, Coral Springs, FL 33065 Address: APPROVED: Central Services St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Address By: CONSULTANT: Schenkel Shultz Architecture Architect/Engineer Date: 9/~~ By: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ~Lt.?/pg Date: / . By: Date: By: CHA/RMAN Date: ATTEST: Approved as to Form and Correctness: DEPUTY CLERK County Attorney EXHIBIT "A" Havert L. Fenn Center Sµecial Needs Shelter/Auditorium Funds Available: 001405-1930-562000-2614 (State Grant-Bldgs.) 316-1930-562000-2614 (FEMAllns.-Bldgs.) 001417-1930-562000-2614 (State Grant-Bldgs.) 316-1930-563000-2614 (FEMAllns.-lnfrastructure) 129-1930-562000-2614 (MSTU Funds-Bldgs.) lß/L ¡~R d~f//,5 µJø /pi.itS, (íJ;ø Af ~' (/l.f/j}f/ /'jþØ SCHENKELSHULTZ DDD ARCHITECTURE DDD May 1,2008 Mr. Jerry Parenteau St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 EXHIBIT "B" RE: St. Lucie County Special Needs Shelter SCHENKELSHULTZ Commission No. 0620801 Subject: COR# 012R Dear Mr. Parenteau: SCHENKEL SHULTZ has reviewed Dooleymack constructors - Change Order Request (COR) #012R re- submitted on April 23, 2008 for the project referenced above and has the following comments: The enclosed COR #0 12R has been examined and found to be necessary. The cost information or this work is complete and detailed. The cost has been examined and is fair and reasonable. This being the case, the above has been approved and is being recommended to the St. Lucie County for the amount of $20,772.94. Explanation: This additional work is to furnish and install all plumbing and electrical materials required for auto sensors at the faucets in rooms 113, 113a, 115, 134, 134a, 135, 135a, 201, and 202. Reason: Drawing Omission Justification: The owner requested in the initial design meetings that all lavatories have automatic sensors. SCHENKELSHUL TZ deems this COR in the amount of $20, 772.94 to be fair and reasonable. Sincerely, J~ Enclosures: Dooleymack constructors - COR No. 012R cc: 0620801l0wner Outgoing ] 300 North Congress Avenue. West Palm Beach, Florida 33409 Phone 561·697-3451 . Fax 561-697·5210 . www.schcnkelshultz.com . Architecture Liccnse No. AA-C000937 P3' :J.. o-P d. ~ ~ dooleY!!l~l( Change Order Request , Detailed, Grouped by Each Number St. Lucie County Special Needs Shelter/Auditoriu Project # FLL - 720035-¥Mack Constructors of South Florida. LLC 2000 Virginia Ave. Tel: 772-461-5419 Fax: 772-461-8351 Fort Pierce, FL 34947 Change Order Request: 012R Date: 3/3112008 To: Johnnie Lohrum, JR. Schenkel Shultz Architecture 1300 North Congress Ave. W. Palm Beach, FL 33409 From: Dan Sanger DooleyMack Constructor1l of South Florida. LLC 11970 NW 37th Street Coral Springs, FL 33065 Description PR-Ð Category Status COR - Submitted Reference Required By 41712008 Days Req o Amt Req 20,772.94 Notes PCD No Date Description Reference Amt Prop Days Req Category Reason Notes 047 PR-Ð 3/3112008 20,772.94 o This change order request is being revised and re-submitted in response to PR-Ð issued by Schenkel Shultz relating to the changes associated with the 26 "aulosensor"faucels to be added to rooms 113,113a,115,134, 134a, 135, 135a, 201 & 202, Plumbing - Credit for origiflal faucets ($5,660.39) Furnish and install all plumbing materials required for the specified "aulo sensor" faucets and associated transformers in room #'s 113, 113a, 115, 134, 134a. 135, 135a, 201 & 202. $18,769.97 Electrical - Furnish and install required circuitry to complete the electrical installation of faucets and associated transformers in room #'s 113, 1138, 115, 134, 134a, 135, 1358,201 & 202, $4,775.00 Meek & Sons Credij for original faucets ($5,660.39) Meek & Sons Furnish & install aulo sensor faucets & associated transformers $18,769,97 A Custom Electric Furnish & install aulo sensor faucets power & control circuilly $4.775.00 Dooleymack Payment and performance bond $178,85 Prolog Manager Subtotal $18,063.43 15% Fee $2,709.51 Printed on: 3/3112008 Prolog 7 New Projects 2005 Page 1 ~ dool ~ k ~ Po, 3 of d..Lf _..J Change Order Request Detailed, Grouped by Each Number ToIal Change Order $20,772.94 The tolal amount of this change order request is Twenty Thousand Seven Hundred Seventy-Two & 94/100 Oollars $20,772,94 The total impact to the schedule is 0 days. 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N N '" 8 ~ C1 '" OJ X ¿ ~ ~ ~ Œl '" o o '" 9 <0 9 N ~ ~ ~ .. l! Œl ;¡¡ 8- 8 Ul , '" o o '!l i!! 1: o o " E '¡;; 0.. ~ " ~ ;¡; '!! o " .. ¡;; .. ,¡;; SJ E g .. '0 ~ z: ¡;; " o o " "6 " -' ¡¡; . '" '" o o N Þ .. ¡;; o ., l! 1l. 9 iiJ Ô{:. :~;':.>' "'L :. ;·~,:¡,~~;,,:\~'~~~:A~~~~fl;;~K~;i~Hi~:{:":,!~ :'ó' j~:~<~~:~~~. .~~~~;?~è~:t:~:F~::·~~Ji:~I;I~~::t~~~~:,;i;¿t¡2~_2t~ið ~l'jtp~~;r¡ / Cø!~ lòf~ q~_, r~ Çf~ ~~~,~~" r April22,2008 D Mr. Jerry Parenteau St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 SCHENKELSHULTZ ODD ARCHITECTURE ODD P3 .S' 6,,-f ~l{ RE: St. Lucie County Special Needs Shelter SCHENKELSHUL1Z Commission No. 0620801 Subject: COR# 032 V- Dear Mr. Parenteau: SCHENKELSHULTZ has reviewed Dooleymack constructors - Change Order Request (COR) #014 submitted on April 18, 2008 for the project referenced above and has the following comments: The enclosed COR #032 has been examined and found to be necessary. The cost information or this work is complete and detailed. The credit has been examined and is fair and reasonable and does not compromise the integrity of the original design. This being the case, the above has been approved and is being recommended to the St. Lucie County for a credit of$975.00. Explanation: This credit is due to gymnasium flooring changes. Reason: Architectural Review Justification: The center logo was removed from the gymnasium. This change does not compron'iise the integrity of the original design. SCHENKEL SHULTZ deems this COR for a credit of$975.00 to be fair and reasonable. Sincerely, ,,~ Enclosures: Dooleymack constructors - COR No. 032 cc: 062080l/Owner Outgoing t !J.~( ~J' ~ Cflßdoole~k f9' ~cÆ~1f Change Order ReqUest' Detailed, Grouped by Each Number St. Lucie County Special Needs Shelter/Auditorlu Project # FLL - 720035-}CMack Constructors of South Florida, LLC 2000 Vir9inia Ave. Tel: 772-461-5419 Fax: 772-461-8351 Fort Pierce. FL 34947 Change Order Request: 033 Date: 4/18/2008 To: Johnnie Lohrum. JR. Schenkel Shultz Architecture 1300 North Congress Ave. W. Palm Beach, FL 33409 From: Dan Sanger DooleyMack Constructors of South Florida, LLC 11970 NW 37th Street Coral Springs, FL 33065 Description Fee Correction Category Status COR - Submitted Reference Required By 4/25/2008 Days Req o Amt Req (652,37) Notes PCO No Date Reference Amt Prop Days Req Category Reason Description Notes 060 4/18/2008 (652.37) COR #16 Fee Correction: o Fee Correction $14,083.17 10% and 5% Total $13,585.0515% $498.12 Differnece COR #18 Fee Correction: $4,361.1510% and 5% $4,206.90 15% $154.25 Difference Approved By: Signature Name Date Prolog Manager Printed on: 4/18/2008 Prolog 7 New Projects 2005 Page 1 ~" _, : __ '. - ._ . - " ' :. ; . : ',_>: ~ -, - ~_ . '.,_ .~, ::.~','. ~ ',.t-,·' :. :.~:. <'~h~,,~~,·::~/¡¿~t~~,:, <~:: J~~:'ç: :<~: rJ' o d, Lf. SCHENKELSHULTZ 000 ARCHITECTURE 000 June l, 2008 Mr. Jerry Parenteau St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Sf. Lucie County Special Needs Shelter SCHENKELSHULTZ Commission No. 062080] Subject: COR# 035 Dear Mr. Parenteau: SCHENKELSHUL TZ has reviewed Dooleymack constructors - Change Order Request (COR) #035 submitted on April 28, 2008 for the project referenced above and has the following comments: The enclosed COR #035 has been examined and found to be necessary. The cost information or this work is complete and detailed. The credit has been examined and is fair and reasonable and does not compromise the integrity of the original design, This being the case, the above has been approved and is being recommended to the St. Lucie County for a credit of $8,580.00. Exolanation: This credit is due to various adjustments to the drywall framing, Reason: Architectural Review Justification: Drywall wall deleted and added to several areas throughout the building. SCHENKELSHUL TZ deems this COR for a credit of $8,580.00 to be fair and reasonable, Sincerely, ~ Enclosures: Dooleymack constructors - COR No. 035 1300 North Congress Avenue, West Palm Beach, Florida 33409 Phone 561-697-3451 . Fax 56]-697-5210 . www,schenkelshultz,com . Architecture License No. AA-C000937 ~ dooleYill~k PC] . 8 è:::.~t ô?-y Change Order ReqUest' Detailed, Grouped by Each Number S1. Lucie County Special Needs Shelter/Auditoriu Project # FLL - 720035-)lMack Constructors of South Florida, LLC 2000 Virginia Ave, Tel: 772-461-5419 Fax: 772-461-8351 Fort Pierce, FL 34947 Change Order Request: 035 Date: 4/28/2008 To: Johnnie Lohrum, JR. Schenkel Shultz Architecture 1300 North Congress Ave. W, Palm Beach, FL 33409 From: Dan Sanger DooleyMack Constructors of South Ftorida. LLC 11970 NW 37th Street Coral Springs, FL 33065 Description Drywall Credit at Gym Category Status COR - Submitted Reference Required By 5/5/2008 Days Req o Amt Req (8,580.00) Notes PCO No Date Reference Amt Prop Days Req Category Reason Description Notes 065 4/28/2008 (8,580.00) o Drywall Credit at Gym This change order request is being submitted in response to changes requested by the Architect and/or the Owner. Drywall - Deletion of drywall partitions at NE & SW comers of the gymnasium. ($52,700,00) Addition of framing at various areas of the gymnasium. $37,423.00 Provide fire-stop material at top portion of east wall of gym to enclose and obtain rating. $1,518.00 Change the framing at all exterior canopies to 16 gauge in accordance with RFI #120R response. $5,179.00 The total amount of this change order request is a deduct in the amount of Eight Thousand Five Hundred Eighty & 00/100 Dollars ($8,580) The total impact to the schedule is 0 days. Approved By: Signature Name Date Prolog Manager Printed on: 4/28/2008 Prolog 7 New Projects 2005 Page 1 P9 c¡ of ,J.Y Chan!!e Order Request #35 This change order request is being submitted in response to changes requested by the Architect and/or the Owner. Drvwall- Deletion of drywall partitions at NE & SW comers of the gymnasium. ($52,700.00) Addition of framing at various areas of the gymnasium. $37,423.00 Provide fire-stop material at top portion of east wall of gym to enclose and obtain rating. $1,518.00 Change the framing at all exterior canopies to 16 gauge in accordance with RFI # 120R response. $5,179.00 The total amount of this change order request is a deduct in the amount of Ei!!ht Thousand Five Hundred Ei2htv & 00/100 Dollars ($8,580) The total impact to the schedule is º- days. '.' . . . . pj. ID cP ~L SCHENKELSHULTZ 000 ARCHITECTURE ODD May 15,2008 Mr. Jerry Parenteau St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: St. Lucie County Special Needs Shelter SCHENKELSHUL1Z Commission No, 0620801 Subject: COR# 038 Dear Mr, Parenteau: SCHENKEL SHULTZ has reviewed Dooleymack constructors - Change Order Request (COR) #038 submitted on May 13, 2008 for the project referenced above and has the following comments: The enclosed COR #038 has been examined and found to be necessary. The cost information or this work is complete and detailed. The credit has been examined and is fair and reasonable and does not compromise the integrity of the original design. This being the case, the above has been approved and is being recommended to the St. Lucie County for a credit of $840.00. Explanation: The corner guards in the office areas are being deleted. Reason: Owner Request Justification: A decision was made to delete the corner guards because they are not required or aesthetically pleasing. SCHENKELSHUL TZ deems this COR for a credit of $840.00 to be fair and reasonable. Sincerely, SCHENKELSHULTZ Enclosures: Dooleymack constructors - COR No. 038 cc: 0620801lChange orderS30o North Congress Avenue. West Palm Beach, Florida 33409 Phone 561-697-3451 . Fax 561~697-5210 . www.schcnkelshultz.com . Architecture License No. AA-C000937 ~ dooleYm~k Change Order Request fJ I I of ;¡~, I Detailed, Grouped by Each Number St. Lucie County Special Needs Shelter/Auditoriu Project # FLL - 720035-)lMack Constructors of South Florida, LLC 2000 Virginia Ave. Tel: 772-461-5419 Fax: 772-461-8351 Fort Pierce. FL 34947 Change Order Request: 038 Date: 5/5/2008 To: Johnnie Lohrum, JR. Schenkel Shultz Architecture 1300 North Congress Ave. W, Palm Beach, FL 33409 From: Dan Sanger DooleyMack Constructors of South Florida, LLC 11970 NW 37th Street Coral Springs. FL 33065 Description Delete Comer Guards Category Status COR - Submitted Reference Required By 5/12/2008 Days Req o Amt Req (840.00) Notes PCO No Date Reference Amt Prop Days Req Category Reason Description Notes 072 5/5/2008 (840,00) o Oelete Corner Guards This change order request is being submitted as requested by the Architect. Corner Guards - The corner guards in the office areas are being deleted per direction of the Architect. ($840.00) The total amount of this change order request is a credit in the amount of Eight Hundred Forty & 00/100 Dollars ($840.00) The total impact 10 the schedule is ° days. Approved By: Signature Name Date Prolog Manager Printed on: 5/5/2008 Prolog 7 New Projects 2005 Page 1 SCHENKELSHULTZ ODD ARCHITECTURE ODD May 15,2008 Mr. Jerry Parenteau 81. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: St.. Lucie County Special Needs Shelter SCHENKELSHUL1Z Commission No, 0620801 Subject: COR# 039 Dear Mr. Parenteau: SCHENKELSHUL TZ has reviewed Dooleymack constructors - Change Order Request'(COR) #039 submitted on May 13, 2008 for the project referenced above and has the following comments: The enclosed COR #039 has been examined and found to be necessary. The cost information or this work is complete and detailed. The cost has been examined and is fair and reasonable. This being the case, the above has been approved and is being recommended to 14e St. Lucie County for the amount of $842.09. ExPlanation: This additional work is to provide furring of gypsum around window I04A to accommodate the roll up door/shutter. Reason: Drawing Omission Justification: A flat surface was required to install the roll down fire door at window location 104A. SCHENKELSHUL TZ deems this COR in the amount of $842.09 to be fair and reasonable. Sincerely, TZ Enclosures: Dooleymack constructors - COR No. 039 cc: 0620801lOwner ÒutgoinglCOR No. 039 1300 North Congras. A........ West Palm Beach, Florida 33409 Phou. 561-697·3451 . FIX 561-697·5210 . www.schonkolshultz.com . Architcclun> License No. AA-COO0937 ps' 13 of d-,Lj ~ doole~k Change Order Request I Detailed, Grouped by Each Number St. Lucie County Special Needs Shelter/Auditoriu Project # FLL - 720035-}lMack Constructors of South Florida, LLC 2000 Virginia Ave. Tel: 772-461-5419 Fax: 772-461-8351 Fort Pierce, FL 34947 Change Order Request: 039 Date: 5/8/2008 To: Johnnie Lohrum. JR. Schenkel Shultz Architecture 1300 North Congress Ave. W, Palm Beach, FL 33409 From: Dan Sanger DooleyMack Constructors of South Florida, LLC 11970 NW 37th Street Coral Springs, FL 33065 Description Firring out of wall at window 104A Category Status SCO - Issued to Sub Reference Required By 5/15/2008 Days Req . 0 Amt Req 842.09 Notes PCO No Date Reference Amt Prop Days Req Category Reason Description Notes 073 5/812008 842.09 o Firring out of wall at window 104A This change order request is being issued as a result of changes by Schenkel Shultz and/or St. Lucie County. Drywall - Furring out of the wall around the window #1 04A to accommodate the roll up door/shutter. $725.00 Dooleymack - Cost of payment and performance bond, $7.25 Firring out of wall at window 104A $725,00 Payment and performance bond $7.25 Subtotal $732.25 15% Overhead $109.84 Total Change Order $842.09 The total amount of this change order request is Eight Hundred Forty-Two & 09/100 Dollars $842.09 The total impact to the schedule is 0 days. Approved By: Signature Name Date Prolog Manager Printed on: 5/8/2008 Prolog 7 New Projects 2005 Page 1 · . . . " ' , '. SCHENKELSHULTZ ODD ARCHITECTURE ODD PC)'. I LJ of d.~ May 15,2008 Mr, Jerry Parenteau St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: St. Lucie County Special Needs Shelter SCHENKELSHUL1Z Commission No. 0620801 Subject: COR# 041 Dear Mr. Parenteau: SCHENKELSHUL TZ has reviewed Dooleymack constructors - Change Order Request (COR) #041 submitted on May 13, 2008 for the project referenced above and has the following comments: The enclosed COR #041 has been examined and found to be necessary. The cost information or this work is complete and detailed. The credit has been examined and is fair and reasonable and does not compromise the integrity of the original design. This being the case, the above has been approved and is being recommended to the St. Lucie County for a credit of $330.00, Exolanation: This credit is due to a carpet product substitution. Reason: Architectural Review Justification: The specified carpet on the second floor was discontinued so an alternate product was specified. SCHENKELSHUL TZ deems this COR for a credit of $330.00 to be fair and reasonable. Sincerely, SCHENKELSHULTZ Enclosures: Dooleymack constructors - COR No. 041 cc: 0620801lChange orders 1300 North Congress Avenue, West Palm Beach, Florida 33409 Phone 561.697.3451 . Fax 561-697-5210 . www.schenkelshultz.com . Architecture License No. AA-C000937 P5 . I s- of' d,'f ~ doole)1!l1!£k Change Order Request I Detailed, Grouped by Each Number St. Lucie County Special Needs Shelter/Auditoriu Project # FLL - 720035~ack Constructors of South Florida, LLC 2000 Virginia Ave. Tel: 772-461-5419 Fax: 772-461-8351 Fort Pierce. FL 34947 Change Order Request: 041 Date: 5/9/2008 To: Johnnie Lohrum, JR. Schenkel Shultz Architecture 1300 North Congress Ave. W. Palm Beach, FL 33409 From: Dan Sanger DooleyMack Constructors of South Florida. LLC 11970 NW 37th Street Coral Springs, FL 33065 Description Change Carpet Spec Category Status COR - Submitted Reference Required By 5/16/2008 Days Req o Amt Req (330,00) Notes PCO No Date Reference Amt Prop Days Req Category Reason Description Notes 075 5/9/2008 (330.00) o Change Carpet Spec This change order request is being submitted as the specified carpet was discontinued; hence an alternate product was specified as follows: Shaw Contract Group, driflteklok, #60507, color· robust. Flooring - The specified carpel was discontinued so an alternate product was specified by the Architect. This represents the cost differential between the two products. ($330.00) The total amount of this change order request is a credit in the amount of Three Hundred Thirty & 00/100 Dollars ($330.00) The total impact to the schedule is 0 days. Approved By: Signature Name Date Prolog Manager Printed on: 5/12/2008 Prolog 7 New Projects 2005 Page 1 SCHENKELSHULTZ ODD ARCHITECTURE ODD May 15,2008 Mr. Jerry Parenteau St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: St. Lucie County Special Needs Shelter SCHENKELSHULTZ Commission No. 0620801 Subject: COR# 042 Dear Mr. Parenteau: SCHENKELSHULTZ has reviewed Dooleymack constructors - Change Order Request (COR) #042 submitted on May 13,2008 for the project referenced above and has the following comments: The enclosed COR #042 has been examined and found to be necessary. The cost information or this work is complete and detailed. The cost has been examined and is fair and reasonable. This being the case, the above has been approved and is being recommended to the St. Lucie County for the amount of $488.30. Explanation: This additional work is to provide another model of ice maker than the one specified. Reason: Owner Request Justification: The specified model of ice maker was discontinued and a newer model is being provided. SCHENKEL SHULTZ deems this COR in the amount of $488.30 to be fair and reasonable. Sincerely, Enclosures: Dooleymack constructors - COR No. 042 cc: 062080l/0wner Outgoing/COR No. 042 1300 North Congress Avenue, West Palm Beach, Florida 33409 Phone 561-697-3451 . Fax 561-697-5210 . www,schcnkclshuLtz,com . Architecture LIcense No, AA-C000937 F3' II-¡ vi""' ,;) '-1 ~ dooleY!lli!Çk Change Order Request I Detailed, Grouped by Each Number St Lucie County Special Needs Shelter/Auditoriu Project # FLL - 720035-~ack Constructors of South Florida, LLC 2000 Virginia Ave, Tel: 772-461-5419 Fax: 772-461-8351 Fort Pierce, FL 34947 Change Order Request: 042 Date: 5/9/2008 To: Johnnie Lohrum, JR Schenkel Shultz Architecture 1300 North Congress Ave. W, Palm Beach, FL 33409 From: Dan Sanger DooleyMack Constructors of South Florida, LLC 11970 NW 37th Street Coral Springs, FL 33065 Description Change Icemaker Spec Category Status COR - Submitted Reference Required By 5/16/2008 Days Req o Amt Req 488,30 Notes PCO No Date Reference Amt Prop Days Req Category Reason Description Notes 076 5/9/2008 488,30 o Change Icemaker Spec This change order request is being submitted as the specified icemaker has been discontinued, Kitchen Equipment - The specified icemaker was discontinued and another model specified. Credit for the model #KMI300SAH3 ($3,826,35) New model #C1448SA-3A $4,221,09 Taxes $25,67 DooIeymack - Cost of payment and performance bond. $4,20 Subtotal $424.61 15% Overhead $63.69 Total Change Order $488.31 The total amount of this change order request is Four Hundred Eighty-Eight & 31/100 Dollars $468.31 The total impact to the schedule is 0 days. Approved By: Signature Name Date Prolog Manager Printed on: 5/12/2008 Prolog 7 New Projects 2005 Page 1 ~. .. . .. ,', .,.' ", .,',,' SCHENKELSHULTZ ODD ARCHITECTURE ODD P3. /6 Df ~:i.f June 15,2008 Mr. Jerry Parenteau S1. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: St. Lucie County Special Needs Shelter SCHENKELSHULTZ Commission No. 0620801 Subject: COR# 044 Dear Mr. Parenteau: SCHENKELSHUL TZ has reviewed Dooleymack constructors - Change Order Request (COR) #044 submitted on June 3, 2008 for the project referenced above and has the following comments: The enclosed COR #044 has been examined and found to be necessary. The cost information or this work is complete and detailed. The cost has been examined and is fair and reasonable. This being the case, the above has been approved and is being recommended to the St. Lucie County for the amount of $18,467.85. Explanation: This additional work is to provide the requested changes the buildings drainage systems. Reason: Owner request Justification: During site planning review, which was finalized after the bid award, code review stated that certain portions of the building should provide sheet flow drainage. The original design called for all scuppers and drainage to connect to the underground so a credit was given to the county for the removal of this extra work. After further review and at the request ofthe county, these areas were added back to the design. During the underground work at the north end of the site, some additional off-site piping was required to complete the swale drainage from the existing parking lot to the east side of the project. SCHENKEL SHULTZ deems this COR in the amount of$18,465.85 to be fair and reasonable. Sincerely, Enclosures: Dooleymack constructors - COR No. 044 cc: 0620801/ COR No. 044 1300 North Congress Avenue. West Palm Beach, Florida 33409 Phone 561-697-3451 . Fax 56]-697-5210 . www.schcnkelshultz.com . Architecture License No, AA-Coo0937 P5' Ie¡ o'f ;;¡,:y ~ dooleY!]-f\Çk Change Order Request I Detailed, Grouped by Each Number St. Lucie County Special Needs ShelterlAuditoriu Project # FLL - 72003~ack Constructors of South Florida, LLC 2000 Virginia Ave. Tel: 772·461-5419 Fax: 772-461-8351 Fort Pierce. FL 34947 Change Order Request: 044 Date: 6/3/2008 To: Johnnie Lohrum, JR. Schenkel Shultz Architecture 1300 North Congress Ave. W, Palm Beach, FL 33409 From: Dan Sanger DooleyMack Constructors of South Florida. LLC 11971 NW 37th Street Coral Springs, FL 33065 Description Additional Site Drainage Work Category Status COR - Submitted Reference Required By 6/1012008 Days Req o Amt Req 18,467.85 Notes PCO No Date Reference Amt Prop Days Req Category Reason Description Notes 081 6/3/2008 18,467.85 o Additional Site Drainage Work This change order request is being submitted as a result of RFI #144 response, as a requirement to make the existing drainage system work, (as originally designed), and at the request of the Owner. Civil Engineer and/or Architect. Swale Drainage - Provide all components as required to complete the swale drainage from the existing parking lot to the east side of the project in accordance with RFI144 response. $5,250.00 Roof Drains - Provide all components necessary to complete the roof drain system. $3.155.00 Condensate Lines - Provide all components necessary to complete the condensate line installation, $2,750.00 Drainage - Provide all components as required to complete the rain water leader installation. $4,745.00 DooIeymack - Cost of payment and performance bond. $159,00 Complete swale drainage for existing parking lot Completion of roof drains $3,155,00 Completion of condensate drain $2,750.00 Completion of rain water leader $4,745.00 Payment and performance bond $159.00 $5,250.00 Prolog Manager Printed on: 6/3/2008 Subtotal $16.059.00 15% Overhead $2,408.85 Prolog 7 New Projects 2005 Page 1 fXJ . àO 0+ ,;).."/ ~ doole~k Change Order Request Detailed, Grouped by Each Number Total Change Order $18,467,85 The total amount of this change order request is Eighteen Thousand Four Hundred Sixty-Seven & 85/100 Dollars $18,467,85 The lotal impact to the schedule is 0 days. Approved By: Signature Name Date Prolog Manager Printed on: 6/3/2008 Prolog 7 New Projects 2005 Page 2 ~ dool~k f5 . c~) Ðf dq. Change Order Request I Detailed, Grouped by Each Number st. luçle County Spec:lal Needs ShelterfAuditorlu Project # FLL - 720035-31Mack Constructors of South AI)r1da, LLC 2000 Virginia Ave. Tel: 712-461-5419 Fax: 772-461·8351 Fort Pierce. FL 34947 Chang~ Order Request: 047 Date: B/2412008 To: Johnnie Lohrum, JR. Schenkel Shultz Architecture 1300 North Congress Ave. W. Palm Beach. FL 33409 From: Dan 88"ger DooleyMack Constructors of South Florida, LLC 11971 NW 37111 Street COral Springs, FL 33065 Description Water Main Extension Catêgory Status COR - Submitte<l Reference Required By 7/112008 Days Req o Ami Req 47.397.92 Not8$ PCD No Date Description Reference Amt Prop Days Req Category Reason Notes 085 6/23/2008 47,397.92 o Water Main ~sion 16" Water main extension baood on C&T drawings dated 619/08. This COR doesn't Include any extended general condi~OnS or request for time elCten5ÏOn. The Impact on each of these Items will be determined by Umlng of exeçution of change order, issuance of penn It, approval of MOT, 1 name a faw. This COR doesn·t ¡"dUde asphalt overlay. Approved By: Signature Name Date Printed on; 61Z71200e Prolog 7 New Projects 2005 Page 1 Prolog MSfJÐger P9' ~.:L 0 -f ~-t.¡ '.I.e, Contracting "Inc. 3341 SE $Jatar StnIe1 St~ FL. 349G7 Phone (772) 286-1'385 Fax (772) 288-7859 ~.,!-- ~':;IJ_ Change Order ~ /:: 6/,,",,,,,, Thi. pr~11D provde .n 18., rnatM1Illa end eqUipment to ecmp", 'ob .. outlined beI'-l ::] ESTIMATED ITeM UNIT QUANTITY UNIT PRICE CONTRACT ( ri.. Main Extensio~ ) on CU DF'lW1·:" ......a.-..I 6J9/2OO8 . LS 1 $402.50 $402..50 Saw Cut Ii Remove Asphalt EA 1 $2012.50 $2.012.50 M.O.T. LS . 1 $4,025.00 $4.025.00 16" Gate Valve & Box EA 1 $6 555.00 $6.565.00 15" DIP LF 70 $143.75 , _ $1~Oð2.50 Drain~e ConfrICt If Aeaulred EA 1 ~, . $8 62S.oo $8.625.00 Night Work Charge LS 1 - A$2,87S.00 $2,875.00 ~phalt Repslr - V'I/"Qinia Ave. Aep~Asphalt as per Exls 0 Ovetl~ Night $6,260.00 Opørati . LS 1 lSEi.250.00 .", . , " , .. i .. . "JlI _V), ) .. I Change Or'l!ê" Total 540,807 .5~ This proposal is subject to an terms: and condItions of all documents here of and shall become contract when acceptance below is signQd by an authorized agent of both parties. Prices subject to change without notice. Pl'icina N~ Submitted By: PAV-CO CorltraCling Inc. Accepted By: Signed: By. Date: SiQneá: §r. Date: P.age 1 of 1 -~ C G.I ~~ ~~ t/) s::: o iii I: J) 1( w c .- lU ~ .... a> - «I ~ to.. ~ Ii IX o o Ca:l It')C "";cx:i co CO~ OW ~ ~ ~ o ã .¡: u II) Q) o ai ~ \'Il '2 I'=' " 1:= c: >.8 œ ~ c:: c: .- 1tI to E E ... ... 0 $'t m l) ;:0. ...." o c: c:: to .Q ~ VI CD jl~ x to wa. ... o - U III ... ... ~ o l,) .c :J t/) ..lI: tJ CQ °l~ Om >0 III 0 0.0 PJ. ::2.3 of ~y ~ ~ e ~ r- !:! .. a:l~N IOMØI lÔC'Ï"': ....COØl N....M ...:cër-: ~~"I' _ W .. CD "E -cO to !. ~ ¡: lil.! ~Q(,> ..ctftB ;:: 10 0 ~....1- ~ ! " I" ID 0:: 8 ~ co Ñ co ¡ " !! !'l ! ~ 0:: 8 ~ <: c3 " E '<: ll. - " 9 .. ~ o f ~ " § g « ;:. " " o '-' m U " --' ¡¡; , \0 8 o ¡:: ~ " " 1! !. 9 iii pj. ~L\ of .2'1 Jerry Parenteau - FW: FW: DOT permite status From: To: Date: Subject: CC: "Jeff Melvin" <jmelvin@dooleymack.com> "Jerry Parenteau" <Parentea@stlucieco.gov> 6/27/20088:25 AM FW: FW: DOT permite status "Lohrum, Johnnie" <jlohrum@schenkelshultz.com>, "Patrick Pecunia" <ppecunia@ct-eng.com>, "Dan Sanger" <dsanger@dooleymack.com>, "Tim Lynch" <tlynch@dooleymack,com> From: Williamcarpino@aol.com [mailto:Williamcarpino@aol.com] Sent: Friday, June 27, 2008 8:14 AM To: Jeff Melvin Cc: rkcontractorsinc@bellsouth.net¡ Dan Sanger Subject: Re: FW: DOT permite status Dan/Jeff I have reviewed F.D.O.T. index 307 and 514 again and no overlay is required as per these specs. There is no change to my pricing for the water main change order. Bill Carpino Pav-Co Contracting, Inc. 3341 SE Slater St Stuart, FI 34997 Ph-772-286-7385 Fax-772-286-7859 Cell-772-634-4240 Gas prices getting you down? Search AOL Autos for fuel-efficient used cars. file://C:\Documents and Settings\administrator\Local Settings\Temp\XPgrpwise\4864A3E... 6/27/2008 ITEM NO. L DATE: July 8, 2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: ;ø.... TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Department Leo J. Cordeiro, Solid Waste Director SUBJECT: Staff requests·.8oard approval of a new fluorescent light bulb recycling program for commercial customers and Equipment Request #08-3~2 for the purchase of a Bulb Eater for a total cost of $4,064. If approved, this program will become effective September 1, 2008. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-564000-300 Equipment. For purchase of Bulb Eater. Funds are available in this account due to EQ08-275 (Bull Dozer) being purchased at approximately $81,000 less than budgeted. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval of a new fluorescent light bulb recycling program for commercial customers and Equipment Request #08-332 for the purchase of a Bulb Eater for a total cost of $4,064. COMMISSION ACTION: OQ APPROVED () DENIED ( ) OTHER Approved 5-0 Doug as M. Anderson County Administrator County Attorney (x) 9k. V Coordination/Si nat~l A ) Mgt & Budget (x) n~ Other ( ) Purchasing (x~ Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ -......, PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM FROM: Board of County Commissioners Leo J. Cordeiro 0 Solid Waste Director lZ.-- TO: DATE: June 24, 2008 RE: Fluorescent Light Bulbs Residents of the U.S. dispose of hundreds of millions of mercury containing fluorescent light bulbs in landfills each year. According to scientists at Oak Ridge National Laboratory mercury in the bulbs is transformed into it's most toxic form, methyl-mercury, by methylating bacteria in the landfill. Additionally, Dr. Steve Lindberg, a leading scientist on mercury in our environment, states that methyl-mercury from landfills is the only known source of anthropogenic methyl-mercury emissions to air. Numerous business owners have contacted staff at the St. Lucie County Baling and Recycling Facility regarding the proper management of spent fluorescent light bulbs. We have informed business owners of Florida Statute language which allows them to dispose of spent bulbs in a lined landfill. Additionally, we inform them of the environmentally correct thing to do. Florida business owners face a very difficult decision when they learn of the high cost of recycling the spent bulbs. The cost to recycle spent florescent light bulbs can be as much as $4.25 per bulb. In an effort to assist business owners in protecting our environment in an economically viable manner the Solid Waste Department has developed a program, that with BOCC approval, will dramatically reduce the cost of recycling the spent bulbs. The program would require the purchase of a spent light bulb crushing and recycling unit (Bulb Eater) for approximately $4,064. Our cost to recycle the bulbs will be approximately .18 cents per bulb, including labor. We would propose to charge St. Lucie County businesses .20 cents per bulb and non-county businesses .40 cents per bulb. This will allow us to recover our capital cost in less than one year. Please see attached Solid Waste Memorandum 08-036. LJC:dls Attachments , , ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 AGENDA REQUEST DATE 7/8/08 DEPARTMENT: DIVISION: SOLID WASTE SOLID WASTE RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED JUSTIFICATION: This piece of equipment will allow the Solid Waste Department to recycle spent fluorescent bulbs at a cost that will encourage businesses to recycle them versus placing them in the waste stream. SPA Contract #9913236R - Commodity Code: 991-705 EQUIPMENT REQ#: EQ08-332 ACCOUNT#: 401-3410-564000-300 · . Page 1 of 4 SOLID WASTE DEPARTMENT MEMORANDUM 08-036 TO: Leo J. Cordeiro Solid Waste Director FROM: Ron Roberts ~~'- Assistant Solid Waste Director \, DATE: June 2, 2008 RE: Fluorescent Light Bulbs As you are aware, the Household Hazardous Waste program in our department has collected spent fluorescent light bulbs for recycling from the residential customers since 1995. Recently, there has been an ever increasing pressure on commercial establishments to recycle these bulbs. Florida Statute 403.7186 (4) states "Effective July 1, 1994, any person owning or operating an industrial, institutional, or commercial facility in this state or providing outdoor lighting for public places in this state, including streets and highways, that disposes of more than 10 spent lamps per month shall arrange for disposal of such lamps in permitted lined landfills or at appropriately permitted reclamation facilities." According to a 1999 EPA memorandum (attached), Americans dispose of an estimated 1 billion mercury containing fluorescent lamps in lined landfills annually. According to Dr. Steve Lindberg of the Oakridge National Laboratory disposal of mercury containing items in landfills make mercury more toxic (attached). This occurs due to the fact that bacteria feed on the elemental mercury causing it to form into the most toxic form of all mercury, methyl-mercury. Furthermore, Dr. Lindberg states that landfills represent the only anthropogenic source of methyl-mercury emissions (attached). ' Mercury in this form falls 'into our local environment rather than traveling in the upper atmosphere as elemental mercury, possibly around the globe. In an effort to protect our local environment staff has completed research on a method to alleviate this potential hazard. The proposal includes the purchase of a device that crushes all fluorescent bulbs under a vacuum, therefore, containing the mercury in specially designed filters. The equipment would cost an estimated $4,000 and the recycling of the spent lamps would cost approximately $170 per 55 gallon drum. I propose charging commercial customers .20 cents per bulb, covering our cost and protecting the environment. Please let me know if you require additional information. RR:dls Attachments I. J....¡UV.1.'-1.JUv.......J,....1. J..J¿. ....1.....1...1. U '-'.....,.....,¡,,, ........1.......1.......... .1.......1...1"'''''-'''''''...'''... I .I.""" ",.;UVV....I..1. I ......."-'.L...<lA....... . . . . You are here: EPA Home EPA Newsroom FLUORESCENT LAMPS CONTAINING MERCURY FLUORESCENT LAMPS CONTAINING MERCURY Release date: 06/28/99 Contact Information: FOR RELEASE: MONDAY, JUNE 28, 1999 EPA today announceèl change~ to the hazardous waste rules that apply to fluorescent lamps containing mercury, The new rule will protect pubHc health and the environment by making recycling of fluorescent bulbs easier and cheaper. Fluorescent bulbs that are not recycled will continue to be treated with the same disposal safeguards that apply to all hazardous wastes. EPA Administrator Carol M, Browner said, "Today's action will 'better protect publiC health and the environment from mercury contamination by encouraging the recycling of fluorescent lamps and other common products that contain toxic wastes. It is a common-sense step to ensure that these wastes are managed more safely and cost efficiently." Under today's rule, states now will be able to encourage consumers to voluntarily recycle discarded fluorescent lamps and other household hazardous waste at approved collection facilities. By allowing and encouraging recycling, less of these wastes will end up in municipal landfills and incinerators, thereby providing stronger safeguards for public health and the environment. Under the new rule, fluorescent bulbs will be treated as a "universal waste." Universal wastes are usually items commonly thrown into the trash by households and small businesses such as batteries, thermostats and obsolete pesticides. EPA issued the first universal waste rule in 1995 to streamline environmental regulations for wastes produced in relatively small quantities by large numbers of businesses. The universal waste rules reduce the amount of hazardous waste items reaching municipal landfills by encouraging greater recycling and proper disposal. Universal waste rules reduce the regulatory burden on businesses that generate these wastes because standards are less stringent for storing, transporting and collecting universal wastes, but the hazardous waste requirements for recycling, treatment or disposal must be complied with fully. Before the rule announced today, many used lamps were fully regulated as hazardous waste because they frequently contained mercury, and sometimes lead. About 1 billion fluorescent lamps are disposed of annually, many of which are currently subject to the Resource Conservation and Recovery Act requirements. The decision to classify discarded hazardous waste lamps as universal waste was based on comments received on EPA's 1994 proposal for managing such lamps, and on a 1997 study of mercury emissions from discarded lamps, The study showed that these emissions would be reduced under the universal waste approach. The rule will be published in the Federal Register soon, Copies of the rule can be obtained from EPA's web page at: httD:/Iwww.eo8.gov/ under Laws and Regulations or by calling the RCRA Hotline at 1-800-424-9346 or 703- 412-9810, R-67### Receive our News Releases Automatically bv Email ,I http://yosemite.epa.gov 1 opal admpress.nsf/b 1 ab9f485b09 8972852562e 7004dc686/b3 f09 8bb... 6/3/2008 · Page 3 of 4 Environmental Sciences Division Steve Lindberg Recent Research Projects Airborne Organic Mercury Emissions from Municipal Solid Waste Landfills* Mercury-bearing material has been placed in municipal landfills from a wide array of sources including fluorescent lights, batteries, electrical switches, thermometers, and general waste. Despite its known volatility, persistence, and toxicity in the environment, the fate .of mercury in landfills has not been widely studied. The nature of landfills designed to reduce waste through generation of methane by anaerobic bacteria suggests the possibility that these systems might also serve as bioreactors for methylated mercury compounds. The toxicity of such species indicates the need to determine if they are emitted in municipal landfill gas (LFG). From 1997 to 2001, we conducted multiple field campaigns to measure Hg emissions from five Florida landfills. Mercury emissions were quantified using automated flux approaches using in-field near-real-time mercury analyses with a Tekran Mercury Analyzer 2537 A. Mercury losses are occurring via two primary pathways; fugitive losses from the working face (Figure 1), and losses with landfill gas (LFG) emissions (Figure 2). We measured levels of total gaseous mercury (TGM) in LFG in the µg/m3 range in several Florida landfills, and proposed the possible existence of gaseous organic Hg compounds since monomethyl mercury (MMM) was identified in LFG condensate at elevated levels. Recently, we measured TGM, HgO, and methylated mercury compounds directly in LFG from another Florida landfill. Again, TGM was in the µg/m3 range, MMM was found in condensate, and this time we positively identified dimetHyl mercury (DMM) in the LGF in the ng/m3 range. Landfills represent the only identified anthropogenic source of DMM emissions to air, and may help explain the reports of MMM in continental rainfall. ·Project supported by the Florida Department of Environmental Protection in collaboration with the University of Central Florida and Frontier Geosciences. Reference: Lindberg, S.E., D. Wallschlaeger, E. Prestbo, N. Bloom,J. Price, and D. Reinhart. 2001. Methylated mercury species in municipal waste landfill gas sampled in Florida. Atmospheric Environment 35:4011-4015. Top of P~ I Lindberg Recent Research Proiects Last Modified: April 17, 2003 Warnings and Disclaimer http://www. esd.ornl. gOY Ipeoplellindberg/lindberg3 .html 6/3/2008 Page 4 of 4 FindArticles > Advanced Battery Technology > Sen 2001 > Article> Print friendly Landfills make Mecury more toxic Science News reports a recent study has found that landfill disposal of products containing mercury, such as batteries, can chemically alter the mercury, rendering it more toxic and fostering its release into the air. Although elemental mercury is toxic, its most poisonous form is methyl mercury, the result of a chemical modification by bacteria. The finding of this process in landfills underscores the importance of ensuring that mercury doesn't enter the municipal-waste stream, says study leader Steve E. Lindberg of Oak Ridge (Tennessee) National Laboratory. The decomposition of landfill wastes creates methane. Some landfill managers burn the gas in flares as it exits pipes atop the waste field but most merely vent the gas and any contaminants it may carry - into the air. Two years ago, Lindberg's team found methyl mercury in the water vapor that condensed out of the gas eq¡anating from a Florida landfill. Concentrations were at least 100 times those typically seen in water. The finding made sens\!, Lindberg recalls: In wetlands, researchers had previously identified certain bacteria that methylate natural, inorganic mercury derived from materials. This same family of microbes resides in landfills. However, methyl mercury comes in two forms, mono and dimethyl-mercury, with the latter being the more toxic. To probe which form is made in landfills, Lindberg and his coworkers collected gases destined for flaring. They found some 50 nanograms of dimethyl mercury per cubic meter oflandfill gas. That "is higher, by a factor of 30 or 40, than concentrations ohotal mercury in ambient air," Lindberg says, and it's at least 1,000 times that of any dimethyl-mercury concentration ever recorded in open air. His team also detected lower concentrations of the less volatile mono-methyl mercury in the landfill gas. Although chemists had detected methyl mercury in air and rain, the new study offers the first evidence that landfills are the source. Some 60,000 U.S. children are born each year with developmental impairments triggered by fetal exposure to methyl mercury, usually as a result of their mothers having eaten tainted fish. "If it doësn't get methylated, mercury doesn't get into fish," observes Edward Swain of the Minnesota Pollution Control Agency in St. Paul. To limit the rain of mercury from human activities, regulators have focused on curbing emissions of inorganic mercury from coal burning. However, Lindberg notes, although chemists assumed that mercury could become methylated in the air, they, couldn't show it. Now Swain posits, a "shift in paradigms" may be in order. He says that sending mercury-containing wastes to landfills may be spoon-feeding copious amounts of toxicant to methylating bacteria, which then cough the injurious forms into air. The new findings point to the need to inventory emissions by landfills, especially the older ones, which hold the most mercury- tainted wastes. Lindberg plans to embark on such an inventory. He says that the new data also suggest a need for technologies to capture methyl mercury from landfills before it can enter the atmosphere. Copyright Seven Mountains Scientific, Inc. Sep 2001 Provided by ProQuest Information and Learning Company. All rights Reserved http://findarticles.comlp/articleslmi_qa3864/is_2001 09/ai_ n8962177 /print 6/3/2008 -, ITEM NO. M· DATE: July 8, 2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport PRESENTED BY: Diana Lewis, Director SUBJECT: Adopt Resolution 08-219 approving the 2009 Disadvantaged Business Enterprise Plan for the Airport, authorize the Airport Director to submit the Program to the Federal Aviation Administration (FAA) Civil Rights Office, and advertise for public comments on the 1.29% goal determination. BACKGROUND: See attached memo. FUNDS AVAILABLE: Not applicable. PREVIOUS ACTION: The Board adopted the following resolutions related to the County DBE Program: Resolution 02-78 on February 26, 2002, Resolution 06-178 on May 28, 2006 for the 2006 DBE Plan, Resolution 07-022 on July 18, 2006 for 2007 DBE Plan, Resolution 07-027 to update the 2006 DBE Plan goal on January 16, 2007, and Resolution 07-224 on July 24,2007 for the 2008 DBE Plan. RECOMMENDATION: Staff recommends that the Board adopt Resolution 08-219 approving the 2009 DBE Program for the Airport; transmit the 2009 DBE Program to the FAA Civil Rights Office for review and approval; and advertise the 1.29% goal in newspapers to receive comments on the goal determination as required by the FAA Civil Rights Office. COMMISSION ACTION: Q() APPROVED () DENIED ( ) OTHER Approved 5-0 ouglas M. An erson COUNTY ADMINISTRATOR Coord ination/SiQnatu res County Attomey (~. Mgl. & Budget ( ) Originating Dept. ( . CJ Other ( ) Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable) r- BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director / ¡}. ~ erF Date: June 27, 2008 Re: Adopt Resolution 08-219 approving the 2009 Disadvantaged Business Enterprise Plan for the Airport, authorize the Airport Director to submit the Program to the Federal Aviation Administration (FAA) Civil Rights Office, and advertise for public comments on the establishment of the goal. ***************************************************************************************************************** As a condition of the acceptance of FAA grants for Airport projects, the County is required to have a Disadvantaged Business Enterprise (DBE) Plan in place. The County had previously adopted a DBE Program on February 26, 2002, which included the identification of the Director of Purchasing as the DBE Liaison Officer. Since the Airport is unique in dealing with Federal Aviation Administration (FAA) and state aviation grants, it was determined after coordination with the Purchasing Director, Community Services Director and the County Attorney's Office that the Airport Director would better serve as the DBE Liaison Officer for Airport projects. The Purchasing Director would remain the DBE Liaison Officer for all other County Departments. On May 28,2006, the Board passed Resolution 06-178 approving the 2006 DBE Plan for the Airport. After the Plan was submitted to the FAA Civil Rights Office for review, the methodology that the consultant had used to determine the goal had to be revised. This resulted in a reduction of the goal from 14.2% to 3.9%. The FAA Civil Rights Office recently sent a letter (attached) approving the revised 2006 DBE Program with the goal of 3.9%. On July 18, 2006, the DBE Plan for 2007 was also approved with a goal of 12.8% and advertised for comments. For Fiscal Year 2008, a goal of 1.72% was proposed and advertised and it was subsequently approved by the FAA Civil Rights Office. The goal for Fiscal Year 2009 was determined to be 1.29%. The attached DBE program must be advertised locally for comments and then be sent to the FAA Civil Rights Office for their review and approval. This request is for the Board to authorize Airport staff to follow through on these actions. Staff recommends that the Board adopt Resolution 08-219 approving the 2009 DBE Program for the Airport; transmit the DBE Program to the FAA Civil Rights Office for review and approval; and advertise the 1.29% goal in newspapers to receive comments on the goal determination as required by the FAA Civil Rights Office. < RESOLUTION NO. 08-219 A RESOLUTION APPROVING THE 2009 DISADV ANT AGED BUSINESS ENTERPRISES ("DBE") PLAN FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT, AUTHORIZING THE SUBMISSION OF THE 2009 DBE PLAN TO THE FEDERAL AVIATION ADMINISTRATION CIVIL RIGHTS OFFICE FOR REVIEW AND APPROVAL, AND AUTHORIZING PUBLICATION OF THE 2009 DBE GOAL FOR REVIEW AND COMMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to 49 CFR Section 26.21, entities who receive funding from the United States Department of Transportation ("DOT") through the Federal Highway Administration, Federal Transit Administration, and/or the Federal Aviation Administration at or above specified levels and let DOT-assisted contracts are required to adopt Disadvantaged Business Enterprise ("DBE") Programs in accordance with the provision of 49 CFR Part 26. 2. In accordance with 49 CFR Section 26.21, the County is required to adopt a disadvantaged business enterprise ("DBE") program for such federally assisted projects to ensure that DBEs have an equal opportunity to receive and participate in DOT-assisted contracts in St. Lucie County. 3. On February 26,2002, the Board adopted Resolution No. 02-78 which established a DBE Program in accordance with 49 CFR Section 26.21. 4. The County receives significant funding from the Federal Aviation Administration and State of Florida Department of Transportation for the St. Lucie County International Airport.. 5. Pursuant to 49 CFR 26.21 and the adopted St. Lucie County DBE Program, it is necessary to approve a 2009 DBE Plan for the St. Lucie County International Airport. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby approves and adopts the 2009 DBE Program for the St. Lucie County International Airport, a copy of which is attached hereto and incorporated herein as Exhibit "A." 1 ~ 2. This Board directs the County Administrator to submit the St. Lucie County Disadvantaged Business Enterprise Program to the Federal Aviation Administration Civil Rights Office for review and approval. 3. This Board further directs the County Administrator to publish notice of the 2009 DBE Program goal for the purpose of public review and comment. After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith Vice Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xx XX XX XX XX PASSED AND DULY ADOPTED this XXth day of XX, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY G:\atty\resoltn 12008\08-219 ,doc 2 .. ST. LUCIE COUNTY INTERNATIONAL AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FISCAL YEAR 2009 GOAL REPORT st. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, Florida 34946 (772) 462-1732 St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report PART I. GENERAL OVERVIEW Introduction St. Lucie County (The County) is the owner and operator of the St. Lucie County International Airport (The Airport), and has prepared the fiscal year (FY) 2009 DBE Goal based upon anticipated construction, equipment procurement and professional service contracts in accordance with the United States Department of Transportation (DOT) 49 CFR Part 26, "Participation by Disadvantaged Business Enterprise in DOT Programs". Applicability The S1. Lucie County International Airport is the recipient of FAA funds (e.g. Airport Improvement Plan Funding (AlP) and Passenger Facility Charges (PFCs» authorized under 49 U.S.C. 47101, et seq. Definitions of Terms The terms used in this program have the meanings as defined in 49 CFR 26.5 (appended). Objectives/Policy Statement (26.1, 26.23) The County has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the DOT, 49 CFR Part 26. The County has received federal financial assistance from the DOT via the Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) for airport related projects, and as a condition of receiving this assistance, the County has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of both the County and the Airport to ensure that DREs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also the policy of the airport to: · Ensure nondiscrimination in the award and administration of DOT assisted contracts; · Create a level playing field on which DBEs can compete fairly for DOT assisted contracts; · Ensure that the DBE Program is narrowly tailored in accordance with applicable law; St. Lucie County Ft. Pierce, Florida 2 Draft st. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report · Ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; · Help remove barriers to the participation ofDBEs in DOT assisted contracts; and · Assist the development of firms that can compete successfully in the market place outside the DBE Program. Ms. Diana D. Lewis, AAE, Airport Director, St. Lucie County International Airport is designated as the DBE Liaison Officer (DBELO) for the Airport. In this capacity, Ms. Lewis is responsible for implementing all aspects of the Airport's DBE program associated with federally funded projects. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Airport in its financial assistance agreements with the Department of Transportation. The Airport has disseminated this policy statement to the Board of County Commissioners. The Airport also participates as a non-certifying member in the State Unified Certification Plan. In addition, the Airport: · Works with prime contractors to identify DBE participation opportunities; · Distributes the Airport's policy statement to DBE and non-DBE businesses that historically performed work for the Airport on DOT -assisted contracts; and · Publishes notice of the Airport's DBE policy in local and minority related publications. Distribution will be accomplished by: · Publication in local news media, Fort Pierce Tribune, Port St. Lucie News and Florida Courier (Minority Publication), and · Mail notification to DBE and non-DBE business communities that historically performed work at the Airport Diana Lewis, AAE, Airport Director St. Lucie County International Airport Date Sf. Lucie County Ft. Pierce, Florida 3 Draft St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report SUBPART C - GOALS, GOOD FAITH EFFORTS AND COUNTING Section 26.43 Set-asides or Quotas St. Lucie County International Airport and St. Lucie County Administration do not use quotas in any way in the administration ofthis DBE program. I. Amount of Goal The County herewith proposes a DBE-participation goal of 1.29% for FY 2009. It is the intent of the County to attain this goal through a Race-Neutral Program. However, based upon historical DBE participation, it is likely that this DBE goal will be achieved using race or gender conscious measures. . Race-Neutral measures or programs are those programs used to assist all small businesses and include gender-neutrality. . Race-conscious programs or measures are those that are specifically focused on assisting only DBE firms, including women-owned DBE firms. Yet, any participation by a DBE subcontractor beyond the established race/gender- conscious goal is considered Race and Gender Neutral. Given the amount of DOT-assisted contracts that The County expects to let during fiscal year 2009, approximately $9.589.938.61, the County has set a goal of expending a minimum of$123.959.54 with DBEs during this fiscal year. Based upon historic participation on similar projects, the County, in meeting the overall annual goal of 1.29%. will obtain 0.00% from race-neutral participation and 1.29% through race conscious measures (see Section IV, Race Conscious and Race Neutral Breakout Participation). Therefore, the Authority expects to expend at least $0.00 in race-neutral participation and $123.959.54 in race conscious participation. II. Methodology 1. Current Fiscal Year Proiects: Federally funded projects anticipated to occur in Fiscal Year 2009, as shown in Table 1, is based upon the FAA and FDOT approved Joint Airport Capital Improvement Projects (JACIP) for St. Lucie County International Airport. St. Lucie County Ft. Pierce, Florida 4 Draft st. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report Table 1 Airport Capital Improvement Plan Projects Fiscal Year 2009 Project Description Estimated Contract Amount Desiç¡n Parallel Runway (2008) Desiç¡n $1,444,318.10 Master Plan Update Planninç¡ $250,000.00 Access Control Desiç¡n Design $1,600,000,00 Taxiway C Rehabilitation Construction $902,000,00 ConstructionlRehabilitation Runway 9/27 Environmental Mitigation Environmental $342,700,00 Constmction (includes Construction paving and lighting) $3,689,879.78 Tree Removal for Line of Environmental Sight $625,542,00 Runway Design and Design Construction Management $735,498.73 Total $9,589,938.61 Sources: Sf. Lucie County International Airport, May 2008 JAGIP Program and Discussions with Airport Manaqement and consultants. 2. Normal Market Area: · Definition: A Normal Market Area is defined as an area or combination of areas where at least 70/75% of all historical contract dollars for similar projects as well as DBE contractors/subcontractors and non-DBE contractors/subcontractors are located. · Professional Services: Based upon historic data as well as the specialty requirements for aviation related design services, the entire state of Florida was designated as the market area for Professional Services. Professional services associated with FY 2009 projects included: · Civil Engineering (NAICS 54133) · Environmental Consulting Services (NAICS 54162) · Electrical Engineering (NArCS 54199) · Geotechnical Engineering (NArCS 54136) · CADD Services (NArCS 54134)), and · Land Survey/Mapping (NAICS 54137 · Construction Services: The Airport's market area for construction services was based upon historic activity related to similar projects. The market area for construction services at St. Lucie County International Airport was determined from airport projects' bid tab information and information provided by prime contractors. Thus, based upon similar historic projects, 70/75% of contracting dollars went to Martin, Orange and St. Lucie Counties as shown in Table 2, Determination of Market Area. St, Lucie County Ft. Pierce, Florida 5 Draft t::Q o l/ c..- .: at:: «"0 -llc. l'CI c: Q C:wO:: ~l/jij l'CI l/ 0 E~Cl Q) .- en -l/o C::lo >.a1N -"C.. c: Q l'CI :l Cl Q) 011I>- 0'Ë- Q) l'CI l'CI ._ > u U"C .!!l :lIllLL ..Jl/ ..Jë lIJ .. f «UI .... ..e! .!:! . ..~.... ....'" ...::i!lIJ~ cu.... C I _OO~ .cc..o "OU'" "';2cn .._>- .!: UI IL Ë g ClIO .. CII C c: .. .. CII .- > 'C ._ .Ell:: e1l -.. .. .. o..m .1'!l o III I! .. l/) ,c Cl :l 2 o .Q :l!! :¡: CII 'ü ::l ...J .... l/) .. Cl c I! o c 1:: .. ::i! o ~ ......N "'c,,- "::l ' bot--- ceo 8«~ .. o c ti.2.5 ....t::: .. .. l'CI ~...::¡¡ 00 o...J o l{)<O 000 0...... 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Percentage Breakout by NAICS Codes: The percentage breakout ofNAICS codes were used to provide an evaluation of available contractors and subcontractors within the respective work areas to assist in development of the anticipated FY 2009 DBE goal for St. Lucie County International Airport. Information on ready, willing and available DBE and Non-DBE contractors related to the type of services required was obtained from the U.S. Census Bureau (CenStats), State of Florida Department of Transportation Office of Equal Opportunity Directory, and historic contractor information provided in the Airport's bidders' list and consultant documentation. Only disadvantaged business enterprises certified by member agencies in the Florida Unified Certification Program designated as UCP-DBE were considered as ready, willing and available to perform work at the Airport according to FDOT and USDOT requirements, The data for total firms available (denominator) and the DBE firms available (numerator) were extracted based upon the Airport's "market" area and anticipated NAICS activity expected for FY 2009 projects as shown in Table 3. Step 1: Determine Base Figure for Relative Availability of DBEs (26.45(c)) a. Weighted Based Figure Calculation In order to provide a more accurate measurement of anticipated DBE participation, the base goal was established using a weighted project methodology. This methodology breaks down the anticipated contractor participation based upon a percentage of the total fee as shown in Table 4. 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'"'" <0 mo E:~ ~>- "'lJ.. .Qt:: §12 <::I~ u;<l: ~(¡j ~ § l:::.t::; '" m ~ E '" '" Q.~ "O..s ~I~ tn::, :g8 § .~ e g o-J ~ . §èil QUj " '" '" ~ J!l ::, o 0 <:(f) .... Ul cxi M '" ai ... ID ai .... C1l ò:O c:: c:: ::,.£~ 8~ CIl CIl '- ~ g.g¿ -.JQ.. èi5~ st. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report The base figure is calculated as follows: Base Figure = «% of contract dollar amount x (#DBEs in 1st NAlCs)/#All Firms in 1st NAICS)) + «% of contract dollar amount * (#DBEs in 2nd NAICs)/#All Firms in 2nd NAICS)) + etc.) x 100% Thus, based upon the projects outlined in Table 1, the following weighted base goal was determined as shown in Table 5. Table 5 Weighted Base DBE Goal Weighted Total Total Total Weighted Weighted NAICS Code DBEslTotal Base Percentage DBEs Contractors Contractors Formula Percentage Professional 32,72% Civil Engineering 23 3,937 0.58% =0.58%*32,72% 0,19% 1941\ Environmental 2,68% Consulting 5 636 0.79% =0.79%*2.68% 0.02% Services 0,06% Support Activities 0 42 0.00% =0,00%*0.06% 0.00% for Forestry 6.51% Electrical ° 174 0.00% =0.00%*6.51% 0,00% Enoineering (942) Geotechnical 3.37% Engineering & ° 46 0.00% =0.00%*3,37% 0.00% Maooino (943) 2.03% CADD Services 4 311 1.29% =1.29%*2.03% 0.03% (947) Land 164% SurveylMapping 1 862 0.12% =0.12%*1,64% 0.00% (946) Construction 4,67% Excavation/Site ° 152 0.00% =0.00%*4,67% 0.00% Preoaration (110) Timber Tract 3,62% Operations (Tree 0 2 0,00% =0,00%*3.62% 0,00% Removal) Water and Sewer 0.08% Li ne Contractors 0 56 0.00% =0,00%*0.08% 0.00% (23711) Power and 3.34% Communications ° 30 0,00% =0,00%*3.34% 0.00% (23713) 1.18% Electrical Wiring 0 388 0,00% =0,00%*1.18% 0,00% Contractor (23821) Highway, Street 19,85% and Bridge 0 46 0,00% =0,00%*19.85% 0,00% Construction 123731\ Other Heavy & 13.45% Civil Engineering 0 43 0.00% =0.00%*13.45% 0.00% Construction SI. Lucie County Ft. Pierce, Florida 11 Draft S1. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report Weighted Pe rcentag e NAICS Code Wei Total DBEs Table 5 hted Base DBE Goal Total Total Contractors DBEslTotal Contractors Weighted Formula Weighted Base Percenta e 1,00% 1.05% o o 72 138 0,00% -0.00%"1.0% 0.00% -0,00%*1,05% 0,00% 0.00% 2.75% o 12 0,00% 0.00%"2.75% 0.00% 6,947 0.24% Source: The LPA Grou Based upon this calculation, the weighted based DBE Goal of 0.24 % was established. Step 2: Adjust Base Figure (26.45(d)) After calculating the base figure for the relative availability of DBEs within the established market area, evidence was examined to determine what adjustment, if any, was needed to adjust the base figure to arrive an the overall goal. In order to reflect as accurately as possible DBE participation in the absence of discrimination, the weighted based figure was adjusted using S1. Lucie County past DBE participation on similar projects. a. The base figure was adiusted because of the following: Adjustment to the base figure is required as a result of the limited number of certified minority owned businesses within the established market area. Therefore, a combination of historical and base figure results was used to determine probable DBE requirements in the absence of discrimination for S1. Lucie County International Airport. Information concerning barriers to entry or the competitiveness of DBEs in our program is from the following sources: · FDOT DBE Directory and U.S. Census Bureau - County Business Pattern Data · DBE and non-DBE contractor information from local bidders lists, and · Historic DBE and non-DBE participation on similar federally funded projects. 1. Determination of Median Historic Goal: The Airport's history of actual DBE participation was 2.35%1 based upon the median DBE goal participation for the years 2006 and 2007 as shown in Table 6. 1 Actual participation for FY 2008 is based upon limited contractor information at the time of this writing. Actual participation related to FY 2008, October 2007-September 2008, may be less than what is recorded in this document. If a significant change in actual participation is shown, then the adjusted DBE goal will be updated to reflect this information, Sf. Lucie County Ft, Pierce, Florida 12 Draft St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report Table 6 Historical DBE Participation FY 2006-2008 Fiscal Year Projects Anticipated Actual Difference Goal Particioation FY 2006 Update ALP Construct Runwav 9/27 (Earthwork) Airport Perimeter Security System Total 3.90% 3.90% 0% FY 2007 Construct Runwav 9/27 (PavinQ) Airport Perimeter Fence Total 2.80% 0.79% -2.01 %% FY 2008 Relocate Utility Lines associated with Runwav 9U27R Repave Runwav 9/27 Install Airport Security Fence Total 1.72% 1.72%" 0% Median Past Particioation 2.80% 2.35% 0.00% Notes: 'Actual Participation for FY 2008 was unavailable at the time of this writing. Therefore, jf there is a significant change in the median actual oar/ic/oation, the adiusted FY 2009 Goal will be adiusted. Source: The LPA Grouo IncorDorated 2008 2. Final Adjustment of Base DBE Goal for FY 2009: According to current information obtained from the FDOT DBE Directory, dated June 2008, and U.S. Census Data, the total number of available DBE and total contractors within the established market area is 33 and 6,947, respectively. This resulted in a weighted DBE goal of 0.24%. Thus, based upon the historic adjustment for like projects as shown in Table 6, the final DBE goal for fiscal year 2009 consists of the average of the weighted DBE Goal for FY 2009 federally funded projects and the historic median DBE participation. As a result, the adjusted FY 2009 DBE Goal is 1.29% Historically, actual DBE participation, based upon median years 2006, 2007 and 2008, was approximately 2.35%. Thus, applying the median historic DBE participation to the calculated weighted average participation of 0.24% for FY 2009 resulted in an adjusted DBE Goal of 1.29%. Adjusted DBE Goal == (Weighted DBE Base + Median Actual Participation)12 Adjusted DBE Goal == (0.24% + 2.35%)/2 == 1.29260% Adjusted DBE Goal = 1.29% St. Lucie County Ft. Pierce, Florida 13 Draft St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report This typically applies a more realistic value of DBE participation as it relates to the type of project and local market area. We chose not to use disparity studies or other area information because of the following: The last disparity study completed for the State of Florida was dated 1997. Therefore, use of the disparity study to adjust the St. Lucie International Airport DBE Goal would not provide an accurate forecast of DBE participation. However, contractors on past and current contracts at the Airport strive to use DBE contractors on available subcontracting opportunities. As a result, since prime contractors have historically used DBE subcontractors on similar projects, it is anticipated that adjusting the DBE weighted base goal by historic DBE participation provides an accurate goal assessment for anticipated FY 2009 projects. 3. DBE Participation expressed as percentage of funding: Based upon the Airport's approved capital improvement program, Federal and State funding for each project is provided in Table 7. The percentage of available federal and state funding in relation to anticipated DBE participation for FY 2009 is provided in Table 8. Table 7 Pro'ect Cost and Antici ated Fundin~ Project 2009 Total 2009 Federal (AlP) AlP Funding Project Cost Fundina* Percentaae Design Parallel Runway (2008) $1,444,318.10 $1,372,102.20 95% Master Plan Update $250,000.00 $0.00 0 Access Control Design $1,600,000.00 $0.00 0 Taxiway C Rehabilitation $902,000.00 $0.00 0 Construction Runwav 9/27: Environmental Mitiqation $342,700.00 $325,565,00 95% Construction (includes $3,689,879.78 $3,505,385.79 95% pavina and liahtina) Tree Removal for Line of $625,542.00 $594,264.90 95% Siaht Runway Design and $735,498.73 $698,723.80 95% Construction Manaaement Total $9,589,938.61 $6.496,041.68 Note: 'FAA Fundino Oniv Sources: St. Lucie International Aimort JAICP FY 2008, Mav 2008 and The LPA GmuD Incofoorated, 2008 St, Lucie County Ft. Pierce, Florida 14 Draft st. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report Table 8 FY 2009 Proiect Costs and FAA AlP Eliaible Fundina Estimated Estimated DBE 2009 Total 2009 Minimum Percentage of Projects Project Cost AIP/FDOT Funding AlP Eligible Funding Available for Work2 DBEs1 Desion Parallel Runwav (2008) $1,444,318,10 $1,408,210.15 $18,669.25 1.33% Master Plan Update $250,000.00 $200,000.00 $3,231.50 1,62% Access Control Desian $1,600,000.00 $1,280,000.00 $20,681.60 1.62% Taxiway C Rehabilitation $902,000.00 $721,600.00 $11,659.25 1,62% Construction of Runwav 9/27: Environmental Mitiaation $342,700.00 $334,132,50 $4,429.74 1,33% Construction (includes paving and liahtina) $3,689,879.78 $3,597,632.79 $47,695.38 1.33% Tree Removal for Line of Siaht $625,542,00 $609,903.45 $8,085,76 1.33% Runway Design and Construction Manaaement $735,498.73 $717,111.26 $9,507.06 1,33% TOTAL $9,589,938.61 $8.868,590.15 $123,959.54 1.40% Note: 1. Minimum Fundino Available for DBEs is based uoon Total Proiect Cost x 1.29% DBE Goal for 2009 2, DBE Percentaae of AlP Elioible Work is based uoon Minimum Fundino Available for DBEs divided bv2009 Fundina Sources: St. Lucie International Aimort JACIP Mav 2008 and The LPA GrouIJ Incomorated, 2008 Thus applying the adjusted DBE Goal to the estimated total cost and AlP funding resulted in an average of 1.40 percent of federal and state funding is likely to be contracted to local DBE contractors. St. Lucie County H Pierce, Florida 15 Draft ~ o "0 ~ rn CI) ... .r:> CI) ~ OIl ¡::: t:: Gl .~ &. .!Il ..9 .= at:: ,p <C ... 0 ~ _<ÞQ. CI) ClI - .. ..<:: CCõ:: +-' oW CIJ :¡:;m¡¡j CI) ClImo "0 E ~ (!) .;; Gl .- _ 0 ..... en Õ ¡.... 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CD ",.e.eg¡:: a.. m aJ .... . iö:::J:§:§Jg ~ .!!ClLÎ]ùJ~:J :@~ ~ .., .. ~ co ~:g c: 0 ::)- 8u... Cll Cll ·13 12 ::),91 -JQ ....; -+-,; Cl)Ll '<I' .... en cD '<I' It> .,; It> en ..; N .... ... "t!- o c:> o o .... M M ! o I- St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report III. Process In accordance with Section 26.45(f), St. Lucie International Airport will submit its overall goal to FAA on August 1 of each year. However, before establishing the overall goal, the Airport and County will consult with the Florida Department of Transportation (FDOT), Bid Listing publications, contractors' organizations and other agencies to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities to DBEs, and the Airport's efforts to establish a level playing field for the participation of DBEs. St. Lucie County International Airport has also constructed an outreach program designed to improve DBE participation on future projects to the extent feasible. To ensure that the Airport will achieve or exceed its anticipated DBE/MBE/WBE participation goals, it has taken the following initiatives: 1. Refer Bidders to the State Unified Certification Program/Directory to obtain DBE/MBE and WBE firm listings. 2. Conduct pre-project conferences that can be attended by representatives of various State and community organizations associated with minority business enterprises, along with representatives from minority business development centers, minority contractors, non-minority contractors and labor organizations. The purpose of these conferences will be to familiarize all interested parties with the project, its DBE/MBE and WBE objectives, schedule, wage requirements and types of work to be performed. These conferences will also afford DBE and non- DBE contractors to identify teaming opportunities. 3. Direct minority/women contractors who may not be able to qualify or do not desire to bid a particular package in its entirety to provide their names to all other prospective bidders for that package as a minority contractor who has expressed an interest in bidding a portion of the work. 4. Encourage alliances between prime contractors and small minority/female contractors who do not yet have the capacity for a large prime contract. 5. Provide resources for minority firms to review plans and specifications and obtain additional information about bid packages. 6. Encourage brokers/surety firms to assist development of DBE/MBE and WBE contractors of all levels to obtain bonding status. 7. Assist local banks that have made commitments to work with DBE/MBE and WBE firms and their financing needs. 8. Regularly monitor contractors to see that they are meeting contractual obligations to minority and female firms. Part of the success of our minority and women business participation will depend upon participation with contractors surrounding the airport and the County's involvement with the State Unified Certification Program. Sf. Lucie County Ft. Pierce, Florida 18 Draft 51. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report Further, St. Lucie County International Airport in developing the overall goal provided outreach to the following organizations: Tvoe of Oraanization Name of Oraanization Contact Information National Association for the NAACP National Advancement of Colored Headquarters People 4805 Mt. Hope Drive, Minority Organization Research, Training and Baltimore MD 21215 Advocacy Team (877) NAACP-98 (410) 580-5777 ccampbell@naacpnet.ora Florida Chamber of Commerce Chamber of 136 South Bronough Street Commerce/Economic Florida Chamber of P.O, Box 11309 Development Commerce Tallahassee, FL 32302-3309 Phone: 850-521-1200 Email: infocmflchamber.com Administrative Offices 1850 SW Fountainview Blvd" Suite 201 Port St. Lucie, FL 34986 Chamber of 51. Lucie Chamber of Phone: 772-340-1333; Fax: Commerce/Econom ic Commerce 772-785-7021 Development Email: infocmstluciecha mber.orq 401 W. Atlantic Avenue Suite 09 Minority Business Delray Beach, FL 33444 Florida Women's Business Maxine Pierson, Development Organization - Center Business Development Non-Profit Manager (561) 265-3790 (561) 265-0806 1034 Harbor Hills SI. Minority Business Ft. Meyers NAMC Chapter Winter Garden, FL 34787 Development Organization - B-407 -905-9978 Non-Profit Rhonda0709@earthlink.net 100 S. Biscayne Blvd. Florida Business - Small Small Business 7th Floor Business Organization Non- Administration Miami Florida 33131 www.sba,gov/fl,south Profit South Florida District Office (305) 536-5521 (305) 536-5058 (Fax) 1700 N. Australian Avenue Urban League of Palm Beach West Palm Beach, FL 33407 Minority Organization County (561) 833-1461 (561) 833-6050 frankln@uIDbc.ora St. Lucie County Ft. Pierce, Florida 19 Draft St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report Type of Organization Name of Oraanization Contact Information 2019 Centre Pointe Blvd Suite 101 Minority Business Tallahassee FL 32308 Florida Black Business Paula Duncan Development Organization - Investment Board, Inc. Business Development Non-Profit Manager (850) 878-0826 (850í 878-4578 1409 S. Lamar Street, Suite 205 Dallas, Texas 75215 Black Contractors Phone: (214) 485-0667 Associations Fax: (214) 485-3667 Email: info@BlackContractors.org Website: www,BlackContractors.orq Contact: Marvin Gooch 945 West Michigan Avenue Suite 12B Minority Business Florida Black Chamber of Pensacola Florida 32505 Development Organization - Commerce Thomas Alston Non-Profit Director of Community Development 1850l 465-9872 National Association of National Association of Women in Construction Women in Construction 327 S. Adams St. . Fort Worth (NAWIC) . Texas· 76104 Gloria Herring, President, Phone (817) 877-5551 Space·Coast Florida Chapter Toll free (800) 552-3506 ONTHEGLO@AOL.COM Fax (817) 877-0324 email: nawic@nawic.org Minority Business Florida State Hispanic Chamber Development Organization - of Commerce Julio Fuentes Non-Profit (904l307-2931 NAMC 1300 Pennsylvania Ave, Suite National Association of Minority 700 Washington, DC 20001 Contractors (NAMC) Phone: 202-347-8259 Fax: 202.789,7349 email: national@namclineorq Sources: Airoort Manaaement, Minoritv Oraanizations, Local Chambers, and The LPA GrouD Incoroorated 2008 St. Lucie County Ft. Pierce, Florida 20 Draft St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report As part of the outreach program, an e-mail was sent in June 2008 to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs and both the County's and Airport's efforts to establish a level playing field for the participation ofDBEs. Below is a copy of the e- mail. E-Mail Messae:e: St. Lucie County International Airport is in the process of establishing a Disadvantaged Business Enterprise Goalfor Fiscal Year 2009. The administrative portion of the program in addition to the goal and its methodology were developed per the provisions set forth in 49 CFR Part 26. The proposed DBE Goalfor FY 2009 based upon anticipated projects is 1,29%. This year, the Commission is planning to provide bid opportunities to DBE and Non-DBE contractors related to various professional services, including civil, electrical and geotechnical engineering, as well as construction services, including site preparation, electrical wiring, power and communications, paving, hauling/trucking, and landscaping. 1n researching the Florida Department of Transportation Disadvantaged Business Enterprise Directory, June 2008, ready, willing and able DBEs located within the Airport's contracting area that are qualified to bid on the proposed contracts as either a prime or sub contractor were identified. The contracting area represents approximately 75 percent of where historic bid applications and contracts were awarded. In addition, the Florida Department of Transportation has determined that approximately 3.4% for transit projects under the Transportation Efficiency Act - 21 for Fiscal Years 2008 and 2009. As the anticipated goal for St. Lucie County International Airport is slightly lower than that set by the FDOT for statewide transit projects, do you or members of your organization have documentation of any existing social or economic barriers which may be currently preventing minorities and/or women from offering construction related services at the airport? In addition, do you know of any other impediments which have or may impact minorities and/or women from effectively competing on transportation related projects? We would appreciate your replying with any information you could offer. Please if you have any comments or questions, do not hesitate to contact Tricia Fantinato at (813) 889-3892 or TFantinato@LPAGroup,com within two weeks of receipt of this e- mail. If any viable information becomes available, it is to be included in the Airport's DBE program and FY 09 Goal Determination and submitted to the Federal Aviation Administration as required by federal regulations (49 CFR Part 26). St. Lucie County Ft. Pierce, Florida 21 Draft St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report Additional consultation shall also be made during any pre-bid/pre-proposal meetings the Airport/County conducts throughout the year which are opened to interested parties. Following this consultation, the County will publish a notice of proposed overall goal, information the public that the proposed goal and its rationale are available for inspection during normal business hours at the Airport, and DOT will accept comments on the goal for 45 days from the date of notice. The County will notify the public of the comment period through newspapers and other publications. The County also uses the internet for public notification. Normally, the County will issue this notice by July 5 of each year through the Fort Pierce Tribune, Port St. Lucie News and Florida Courier (Minority Publication). The notice will include addresses where comments may be sent and addresses, including offices and websites, where the proposal may be reviewed. A 1.29 percent disadvantaged business enterprise (DBE) overall utilization goal for federally funded airport improvement projects at 81. Lucie County International Airport has been established for the 2009 Fiscal Year based upon the requirements of 49 CFR Part 26. The methodology used to derive the goal may be reviewed for thirty (30) days following the date of this notice at the Airport offices located at: 3000 Curtis King Boulevard Fort Pierce, FL 34946. Comments concerning the overall goal will be accepted for an additional fifteen (15) days following the completion of the 30 day notice period at the address provided. All firms, both DBE and non-DBE, are invited to contact 81. Lucie County for information regarding bidding opportunities on federally funded airport improvement projects. 81. Lucie County International Airport's overall goal submission to FAA and DOT will include a summary of information and comments received during this public participation process. SI. Lucie County Ft. Pierce, Florida 22 Draft St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report The Airport received comments from these individuals or organizations: (This Section will be completed following the 45 day comment period) Summaries of these comments are as follows: (This Section will be completed following the 45 day comment period) The Airport's response to these comments is as follows: (This Section will be completed following the 45 day comment period) St. Lucie County International Airport will begin using the established FY 2009 goal of 1.29 percent as of October 1, 2008, unless other instructions are received from DOT and FAA Civil Rights Office. St. Lucie County Ft. Pierce, Florida 23 Draft St....Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report IV. Race Neutral and Race Conscious Breakouts (Section 26.51) The 81. Lucie County International Airport attempts to meet the maximum feasible portion of its overall goal using various race-neutral means of facilitating DBE participation. The following is a sample of race-neutral means used to facilitate DBE participation on airport related projects. Race-neutral means include, but are not limited to the following (Section 26.51(b»: · Arranging solicitations, times for the presentation of bids, quantities, specifications and delivery schedules in ways that facilitate DBE and other small business participation; · Provide assistance in overcoming limitations such as inability to obtain bonding or financing; · Providing technical assistance and other services; · Carrying out information and communication programs on contracting procedures and specific contract opportunities; · Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping and financial and accounting responsibility; · Providing services to help DBEs and other small businesses improve long-term development, increase opportunities to participation in a variety of work, handle increasingly significant projects and achieve self-sufficiency; · Ensure distribution of the Airport's DBE directory through print and electronic means to the widest feasible audience of potential prime contractors. The estimated breakout of race neutral and race conscious participation will be adjusted as needed to reflect actual DBE participation (Section 26.51(f) and race neutral and race conscious participations will be tracked separately. For reporting purposes, race-neutral DBE participation includes, but is not limited to, the following: · DBE participation through a prime contract a DBE obtains through customary competitive procurement procedures; · DBE participation through a subcontract on a prime contract that does not carry a DBE goal; DBE participation on a prime contract exceeding a contract goal; and · DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE status in making the award. The amount by which 81. Lucie County International Airport exceeded its goals on historically similar projects is useful in determining the likely race/gender neutral participation in the future. However, since there is insufficient actual historic data to accurately support race neutral participation, the Airport estimates that in meeting the Sf. Lucie County Ft. Pierce, Florida 24 Draft St. Lucie County International Airport Disadvantaged Business Enterprise Fiscal Year 2009 Goal Report overall goal of 1.29% that 0% will be from race-neutral participation and 1.29% through race-conscious measures. The Airport will, however, adjust the estimated breakout of race-neutral and race- conscious participation as needed to reflect actual DBE participation as outlined in Section 26.51(f), and will continue to track and report race-neutral and race-conscious participation separately. V. Contract Goals (Section 26.51) The County will use contract goals to meet any portion of the overall goal that the Airport does not project being able to meet using race-neutral means. Race-neutral means utilized by the Airport to meet the maximum feasible portion of the overall goal include, but are not limited to the following: · Advertising potential contracts in local newspapers including the Florida Courier, a local periodical geared to DBE and other small businesses to provide information on work opportunities at the Airport, and · Providing pre-bid meetings to facilitate the dispersement of information to both DBE and non-DBE participants. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the Airport's overall goal that is not projected to be met through race-neutral means. Subsequent contracts will be monitored and adjusted accordingly should the goal be met or exceeded. The Airport will establish contract goals only on those DOT-assisted contracts that have subcontracting opportunities. The Airport does not need to establish a contract goal on every such contract, and the size of the contract goals will be adapted to the circumstances of each such contract (e.g. type and location of work, availability of DBEs to perform the type of work, etc.) The Airport will express their contract goals as a percentage of the Federal Share of U.S. DOT-assisted contract, 1.29%, or as the Federal Share of a DOT-assisted contract, $123,959.54. St. Lucie County Ft. Pierce, Florida 25 Draft ~ AGENDA REQUEST ITEM NO. Jì DATE: July 8,2008 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 08-006 - Credits for Right-of-Way Dedication BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Ordinance No.08-006 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: C07CE' Lv __ Douglas Anderson County Administrator [~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: 2, v~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County E ng,; Finance: (Check for copy only, if applicable) Eft. 5/96 ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 08-965 DATE: June 9, 1008 SUBJECT: Ordinance No. 08-006 - Credits for Right-of-Way Dedication **********.************************************************************************** BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 08-006. The ordinance was drafted pursuant to Board direction. The intent of the draft ordinance is to base impact fee credits for right-of-way donations on land values that do not include enhancements in value based on development appra,vals such as rezonings, land use approvals, and staff approvals. The original purpose of granting credits for right-of-way dedications was to encourage property owners and developers to "donate" the right -of-way to the County to avoid the cost of purchasing or condemning the right-of-way. In the event of condemnation, the cost of acquiring the right-of-way can be significant because the County has to pay for the Owner's attorneys' fees, appraisal costs and other expert witness costs in addition to paying for the County's own appraisal and expert witness costs. Permission to advertise was granted on January 8, 2008. On February 21, 2008, the Planning & Zoning Commission recommended that the Board approve the proposed Ordinance by a voté of 9-0. The first public hearing was held on June 3, 2008. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No, 08-006 and authrorize the Chairman to sign the Ordinance. DSM/caf Resp€Ctf.uI1Y, submitter, . ¡)/Jffl?/ Daniel S. McIntrr, -...." ) County Attorne ./ / '- ",/" ORDINANCE NO. 08-006 AN ORDINANCE AMENDING CHAPTER 1-17- 33 .1 (CREDITS) OF ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES) BY DETERMINING THE YEAR OF THE ASSESSED VALUE USED TO DETERMINE VALUE FOR CREDIT PURPOSES; FURTHER AMENDING SECTION 1-17 -36 (INDEPENDENT PROPERTY APPRAISAL) OF ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES); PROVIDING FOR CONFUCTING PROVISIONS; PROVIDING FOR SEVERABIUTY AND APPUCABIUTY; PROVIDING FOR FIUNG WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUcrE COUNTY. FLORIDA: PART A. CHAPTER 1-17 (ROADS AND BRIDGES) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUcrE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-33.1 AS FOLLOWS: Sec. 1-17-33.1. Credits. (a) Scope. Any person who shall commence any traffic impact-generating land development activity may apply for a credit against the required road impact fee for any contribution, construction, or dedication of land made by such person or predecessor in interest and accepted and received by St. Lucie County, the appropriate local municipality, state or federal agency for transportation facilities that are creditable pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or Section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, payment, construction or dedication meets the same needs as the road impact fee. (b) General standards. Any person desiring a road impact fee credit, who proposes to make any contribution, construction or dedication of a transportation facility along any Underlined passages are added, 1 Etptlcll thPðtl::¡h passages are deleted. roadway that is identified in the county's comprehensive plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Network, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a road impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a road impact fee credit, the final amount of the credit shall be determined upon the submission of a request for road impact free credit and the entering into of a formal road impact fee credit agreement. Prior to the issuance of any credits against the road impact fee, the person who made the contribution, construction or dedication of transportation facilities shall enter into an impact fee credit agreement with the board of county commissioners. The following provisions are the general rules for the award of credit, supplemented as provided in this section and implemented by the administrative procedures: (1) Credits applied against the roads impact fee for contributions, construction or dedications shall not be transferable as a credit against other impact fees imposed for purposes other than roads. (2) If allowed by the credit agreement, credits may be assigned to succeSsors in interest provided the county receives a recorded copy of the written agreement signed by both the assignor and the assignee. (3) No credit shall exceed the amount due for the roads impact fee. (4) No credit shall be given for dedications and transportation improvements dedicated or constructed before February 1, 1985. Any claim for credit for those improvements constructed after February 1, 1985, but prior to September 1, 1987, must be made no later than March 1, 1988, or those claims shall be deemed waived. (c) Specific standards. Credits against road impact fees otherwise payable shall be allowed only under the following conditions: (1) County need. The contribution, payment, construction or dedication shall meet a transportation capital need identified in the county's comprehensive plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. No credit shall be given for capital improvements that do not meet a transportation capital need identified in county's comprehensive plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. Underlined passages are added. 2 StF~ck through passages are deleted. (2) Site-related transportation improvement. No credit shall be given for any site-related transportation improvements or site-related right-of-way dedications, unless it can be shown to the satisfaction of the county administrator through appropriate technical documentation that the site related improvement or right-of-way dedication provides for roadway capacity enhancements in excess of the impacts of the proposed development. Site- related transportation and right-of-way improvements, include, but are not limited to: a. All driveway connections, turn lanes and other site specific access improvements connecting the property defined in a final development order to any adjacent impact fee eligible roadway. b. All driveways, roads and attendant support systems including but not limited to drainage facilities, mitigation areas, etc., within. or immediately adjacent to, the defined limits of the approved final development order. (3) Safety-related improvements. Safety-related improvements which do not increase road capacity shall receive no credit. (4) Operational improvements. Nonsite-related operational improvements shall receive credit to the extent that they provide increased capacity. (5) Capacity improvements. Nonsite-related capacity enlargements shall receive credit to the extent that they provide increased capacity. (6) Right-of-way dedication. Credit for the dedication of nonsite-related right-of-way shall be valued at one hundred twenty (120) percent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs or title information provided by the fee-payer to the county at the request of the county. For the purposes of this section. the year of the assessed value that is to be used to determine the credit value shall be the year prior to the County's. or other unit of local governments, granting of a development order, including changes in zoning, changes in land use, or site plan approvals where such action results in the request for non-site related right-of-way. Credit for the dedication of right-of-way shall be provided when the property has been conveyed at no charge to, and accepted by, the county in a manner satisfactory to the board of county commissioners. If the feepayer shall opt not to have the right-of-way dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an independent property appraisal, as described in section 1-17-36 of this article, prepared by an individual who is both a member of the Appraisal Institute (MAl) and a state certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. At the option of the board, the board may request a review appraisal, as described in Section 1-17-37 of this article, provided that in the event the value established by the independent appraisal exceeds one hundred Underlined passages are added. 3 Str~eI, thro~9h passages are deleted. twenty (120) percent of the assessed value by more than twenty-five (25) percent, the board shall request a review appraisal. In the event the board determines to request a review appraisal and the determination of the value is the same or greater than value determined by the independent appraiser, then the county shall bear the cost of the review appraisal. If the determination of the value by the review appraiser is less than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of methodology and technical accuracy at the discretion of the county administrator. In the event a property owner determines to donate, and the county determines to accept, nonsite-related right-of-way for any planned nonexisting roads or expansion of existing impact fee eligible roadways as described in section 1-17-33.1(c)(1) to the county in advance of any application for final development order approval, the board of county commissioners shall reserve determin~atioll of the value of the credit for the dedicated right- of-way unti I the prapert',.. aWl'ler, ar his assigl1s, see( a final de·.elopmel'lt arder approval for the remainder of the praperty from which on the date the dedicated right-of-way was provided. 1.11 right of war credits shall be determined at the time ccmtracts are let far the construction/expal'lsion of the eligible raadway or at the time a fil'lal developll\el'lt order appra'.ed is granted, whiche·.¡er accurs first. No right-of-way credit determination may include the consideration of any enhancement to the value of property dedicated as a result of the new or expanded roadway construction. (7) Application procedure. Applicants for credit for construction of nonsite- related road improvements shall submit documentation of the actual engineering and construction costs to the county administrator or his designee. The county administrator or his designee shall determine credit for roadway construction based upon these costs or upon alternative engineering and construction cost estimates if the county administrator or his designee determines that such costs submitted are excessive or incomplete. (8) Acquisition by purchase or condemnation. In the event a developer is required as a condition of a final development order to acquire off-site right-of-way along impact fee eligible roadways as described in section 1-17-33.1(c)(1), the developer shall first obtain an independent property appraisal as described in section 1-17-36 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in section 1-17-37. Except as provided below, credits for right-of-way acquisition shall be based on the independent property appraisal, the review appraisal, or the purchase price, if lower, as determined by the county administrator. In the event the developer is unable to acquire the right-of-way for appraised value or lower, the board may: Underlined passages are added. 4 .st, ~el( thre~91. passages are deleted. a. Grant additional credits above the appraised value if it determines that the cost of acquisition is less than the cost of condemnation or that condemnation is not practical or desired; or, b. Authorize the condemnation of the parcels; or, c. Deny the request for additional credits. (9) Time of claim; waiver. Except as provided in section 1-17-33.1(b)(4), any claim for credit must bè made no later than the time of application for a building permit or for an electrical permit for a mobile home or recreational vehicle. Any claim not so made shall be deemed waived. PART B. CHAPTER 1-17 (ROADS AND BRIDGES) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIe COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-36 AS FOLLOWS: Sec. 1-17-36 Independent property' appraisal. If the feepayer shall opt not to have the value of any right-of-way dedication determined as set out in section 1-17-33.1(c)(6), the amount of credit shall be determined by the board of county commissioners based on an independent property appraisal (IPA), prepared by an individual who is both a member of the Appraisal Institute (MAl) and a state certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. An "independent property appraisal" is an appraisal report containing the following: (1) Purpose of appraisal. The purpose of the appraisal which includes statement of value to be estimated and the rights or interest being appraised. (2) Legal description of property. (3) Description of parent property. Description of the parent property to be appraised will include: a. Names of apparent owner of each interest being evaluated. b. Location of property. c. Total area of property in acres or square feet. d. Area of each interest in property being acquired in acres or square feet. e. A minimum of five (5) years delineation of title. f. Present uSe and zoning. g. Utilities. Underlined passages are added. 5 Str~el( tl.r8~9h passages are deleted. h. Type and condition of improvements and special features that may add to or detract from the value of the property. (4) Highest and best use. The highest and best use of the property on which the appraisal is based before the acquisition of rights and interests to be acquired and the highest and best use of the remainder after the acquisition when a partial taking is involved. In either instance, if the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifying the determination that the property is available and adaptable for a different highest and best uSe and there is demand for that use in the market. In determining highest and best use, the appraiser shall not consider any development approvals granted subsequent to the date of valuation. (5) Before and after valuation. The "before and after" method of valuation as interpreted by Florida law will be used in partial donations Of' special benefits to the residue land or improvements. (6) Approaches to value. The appraisal should include all applicable approaches to value. If an approach is not considered applicable, the appraiser must state why. All pertinent calculations used in developing the approaches will be shown. a. In the market approach, the appraisal report will contain a direct comparison of pertinent comparable sales to the property being appraised. The appraiser must include a statement setting fof'th his analysis and reasoning for each item of adjustment to comparable sales. b. Where the income (capitalization) approach is used, there must be documentation to support the income, expenses, interest rate, capitalization rate, discount rate, and any other factors used in the analysis. Where it is determined that the market rental income is different from the existing or contract income, the increase or decrease must be explained and supported by market information. c. Where the cost approach is utilized, the appraisal report must contain the specific source of cost data, remaining economic life, and an explanation of each type of accrued depreciation. (7) Appraisal of after value. The appraisal of the after value must be supported to the Same extent as the appraisal of the before value. This support should include one (1) or more of the following: a. Sales comparable to the remainder properties. Underlined passages are added. 6 Strtlth tl., '~9h passages are deleted. b. Sales of comparable properties from which there have been similar donations, or acquisitions for like usages. c. Development of the income approach on properties which show economic loss or gain as a result of similar acquisition or taking for like usages. d. Public sales of comparable lands by the state or other public agencies. e. In the event the data described in a through d above are not available, the appraisal wi II so state and give the appraiser's reasoning for his value estimate. (8) Difference between before and after. The difference between the before and after appraisal will represent the value of the property to be acquired including the damages to the remainder property. The appraiser will separately analyze and tabulate the difference showing a reasonable allocation to lane improvements, and damages. (9) More than one approach used. Where two (2) or more of the approaches of value are used, the appraisal will show the correlation of the separate indications of value derived by each approach along with a reasonable explanation for the final conclusion of value. This correlation will be included for both before and after appraisals. (10) Photographs. All appraisals should include identified photographs of the subject property including all principal above ground improvements or unusual features affecting the value of the property ta be taken or damaged. (11) Sketch or plat. Appraisal reports for whole takings will contain a sketch or plat of the property showing boundary dimensions, location of improvements and other significant features of the property, For partial takings, the sketch or plat will also show the area to be acquired, r.elation of the improvements to the taking a~ea and area of each remainder. (12) Comparable sales. Each appraisal report will contain or make reference to the comparable sales which were used in arriving at the fair market value. a. The appraiser must state the date of sale, nameS of parties to the transaction, consideration paid, financing, conditions of sale and with whom these were verified, the location, total area, type of improvements, appraiser's estimate of highest and best use at the date of sale, zoning and any other data pertinent to the analysis and evaluation thereof. b. If the appraiser is unable to verify the financing and conditions of sale from the usual sourceS such as buyer, seller, broker, title or escrow company etc. he will So state. Underlined passages are added. 7 Stl ~eh t¡"~ð~91. passages are deleted. c. Pertinent comparable sales data should include identified photographs of all principal above ground improvements or unusual featureS affecting the value of the comparable. (13) Inspection of properties. All property appraised and the comparable sales which were relied upon in arriving at the fair market value estimate will be personally inspected in the field by the appraiser and all dates of inspection will be shown in the appraisal report. (14) Date of valuation. The effective date to which the valuation applies. The date of valuation must be prior to the date of any development approvals for the subject property, including rezonings. land use changes and site plan approvals that resulted in the request for impact fee credits. (15) Limiting conditions. Statement of appropriate contingent and limiting conditions if any. (16) Certification and signature, The certification, signature and date of signature of the appraiser. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND A~PLICABILITY. If any portion of this ordinance is for any reaSon held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Underlined passages are added, 8 .sfl ~e1( threu9" passages are deleted, PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith Vice Chairman Paula A. Lewis Commissioner Chris Craft Commissioner Charles Grande Commissioner Doug Coward xxx XXX XXX XXX . XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St, Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through H shall not be codified. PASSED AND DULY ADOPTED this _day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUcrE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. 9 Struek through passages are deleted, I Agenda Request Item Number ~ Meeting Date: 07/08/08 Consent Regular Public Hearing Leg, [ ] [ l [ l [xl Quasi-JD [ x ] To: Submitted By: Board of County Commissioners Growth Management Department SUBJECT: Petition of Angle Road Investment Company, LLC for a Proportionate Fair Share Agreement for transportation facilities to serve the project to be known as Millers Plantation - PUD. Draft Resolution No. 08-143. (File No.: PUD RZ 72007-1279.) BACKGROUND: The petitioner obtained approval for the Millers Plantation PUD on May 6, 2008 for a residential development of 404 dwelling units (308 single family units and 96 multiple-family dwelling units) on 202.35 acres of property located on the south side of Angle Road, approximately 1/4 mile west of Kings Highway. FUNDS AVAILABLE: PREVIOUS ACTION: N/A At the May 18, 2006, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0 with two members absent (Mr. Knapp and Mr. Trias), recommended approval of the requested amendment to the Official Zoning Atlas to change the zoning and grant approval of the Preliminary PUD Site Plan, with conditions. At the June 20, 2006 public hearing, the Board of County Commissioners adopted Resolution 06-161 which granted Preliminary PUD Site Plan approval for the project known as Jonette Acres- PUD. The name has now been changed to Millers Plantation. At the March 25, 2008 public hearing, this petition was continued to a date certain to allow the County Attomey to review this Proportionate Fair Share Agreement that accompanies the Millers Plantation application. RECOMMENDATION: At the May 6, 2008 public hearing, the Board granted Final PUD Site Plan approval under R-08- 090, however voted to continue this tandem petition for consideration of the Proportionate Fair Share Agreement that implements and meets the requirements of Conditions of Approval Number 8 and Number 9 as included in R-08-0OO. Staff recommends Adoption of Resolution 08-143 which grants approval to the Proportionate Fair Share Agreement which is in compliance with Conditions of Approval 8 and 9 of R-08-090 regarding the cost of intersection improvements on Kings Highway to serve the project to be known as Miller Plantation. [)(J APPROVED D OTHER D DENIED Approved 5-0 z..URRENCE Á ____, . ouglas M. Anderson County Administrator COMMISSION ACTION: County AttorneY~' / E.R.D.: Cty, Engineer: VI Form No. 07-07 Coordinationl Signatures Mgt. & Budget: Public Works: ~ Other~ Purchasing: Cty. Surveyor: Æ?...At4 Other: " Commission Review: July 8, 2008 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners Mark Satterlee, AICP, Growth Management Direct~ Kristin Tetsworth, Planning Manage%, July 8, 2008 THROUGH: FROM: DATE: SUBJECT: Petition of Angle Road Investment Company, LLC for a Proportionate Fair Share Agreement which is in compliance with Conditions of Approval 8 and 9 of R-08-090 regarding the cost for transportation facilities to serve the project to be known as Millers Plantation (fka Jonette Acres - PUD). The petitioner, Angle Road Investment Company, LLC obtained approval for a residential development of 404 single family dwelling units (308 single-family units and 96 multiple-family dwelling units) on 202.35 acres of property located on the south side of Angle Road, approximately 1/4 mile west of Kings Highway. The project is to be known as Millers Plantation (fka Jonette Acres - PUD). On December 5, 2006, this Board enacted Ordinance No.: 06-047 which amended Chapter V of the St. Lucie County Land Development Code and stipulated new requirements for the implementation of a concurrency management system. This ordinance further determined the level of service standards; the methodologies to calculate proportionate fair share mitigation agreements; and the application/processing requirements for those agreements to be reviewed by the County Attorney and subsequently presented to the BOCC. This is the first Proportionate Fair Share Agreement to be brought before this Board in compliance with these new regulations. At the March 25, 2008 Board of County Commissioner's public hearing, this petition was continued to a date certain to allow the County Attorney to review this Proportionate Fair Share Agreement that accompanies the application for the Millers Plantation PUD. At the May 6, 2008 public hearing, this Board granted Final PUD Site Plan approval under Resolution No. 08-090, however voted to continue this tandem petition for consideration of the Proportionate Fair Share Agreement that implements and meets the requirements of Conditions of Approval Number 8 and Number 9 as included in Resolution No. 08-090. ---~'..." July 8, 2008 Page 2 Subject:Millers Plantation PUD File No: PUD RZ 72007-1279 Attached is a copy of Draft Resolution No. 08-143, which, if adopted, would grant approval of a Proportionate Fair Share Agreement which is in compliance with Conditions of Approval 8 and 9 of Resolution 08-090 regarding the cost of intersection improvements and transportation facilities to serve the project to be known as Millers Plantation - PUD (fka Jonette Acres). Staff recommends adoption of Draft Resolution No. 08-143. Please contact this office if you have any questions on this matter. SUBMITTED: M~ Growth Management Director Q) en 0 ]5 c ~ ..c 0 0 CJ) ~ ..., E w Indrio Rd Miller's Plantation Legend _ Mllle~s Plantation C::.i 1 mile radius aorund project location C..:.i 2 mile radius around project location !Ill ~ Inte~s:ction locations 51:.- .t:._ -~, t I I ".".,¡,f____~. Miles Map prepared M8y 6, 2008 0:: "0 0:: "0 0:: c o ..... en c _. Z- ....·....·0 /' ..., / / ./ Q) ____0. c E CJ) CI) -'" + ". , " " ~ 51. Luèlce Blvd .-..-..-" .- ..... 606 "0 0:: '. , " \ \, CJ) '. Q) ,~ \ \ , Juanita Av , · I I · I · , , \ . \ \ , '. CI) ..c ..... LO N Z \ " " " " " " , I , ,I I / / "0 / 0:;:.." .'" "0 0:: ..... CI) Edwards Rd MILLERS PLANTATION PUD PROPORTIONATE FAIR SHARE AGREEMENT INTERSECTION TOTAL ESTIMATE FAIR SHARE ESTIMATE Kings Hwy & Angle Rd $ 12,500,000 $ 586,928 Kings Hwy & 81. Lucie 3,000,000 102,060 Kings Hwy & Orange 8,753,437 411,011 TOTAL $ 24,253,437 $1,100,000 The required road improvements that triggered application of the Proportionate Fair Share Program are the following intersections: 1) Kings Highway and Angle Road; 2) Kings Highway and S1. Lucie Boulevard; and 3) Kings Highway and Orange Avenue. The Kings Highway/Angle Road improvements are scheduled for construction in 2012 and the Kings Highway/S1. Lucie Boulevard improvements are scheduled for construction in 2012 according to the Five Year Road Program and the Capital Improvement Element of the Comprehensive Plan. The total cost of the improvements identified is $24,253,437 and the Developer's proportionate fair share cost, based on the methodology set forth in Section 5.07.0.3, LOC, is $1,100,000., Pursuant to Ordinance No. 06-047, which amended Ch. 5 of the Land Development Code, these cost estimates were prepared by Pinder Troutman Consulting and Inwood Consulting Engineers and are based on the St. Lucie County Capital Improvement Plan, The methodology for calculating the proportionate fair share was determined to be in compliance with the new Ch. 5 requirements. Appendix 1: Appendix 2: Appendix 3: Pinder Troutman methodology and calculations dated March 6, 2008 Inwood Consulting Engineers calculations dated April 25, 2008 Capital Improvement Plan G:IPlanning\PROJECT FILES\Millers Plantation - Final PUD PUD_RZ 72007I279Vuly 8 2008 BOCCIProp Fair Share Agreement\PropFair Share\T ABLE OF COSTS.doc : ,. pye Transportation Consultants 5114 Okeechobee Boulevard, Suite 210 West Palm Beach, FL 13417-4504 (561) 296·9698 Fax 296-9699 ptc@pindertroutman,com March 6, 2008 Mr. Andrew Riddle St. Lucie County Planning Division 2300 Virginia Avenue Ft. Pierce, Fl 34982-5652 Re: Miller's Plantation· #PTC07-DS7 Dear Mr. Riddle: Thê purpose of this letter is to provide proportionate share calculations for intersection improvements at King's Highway/Angle Road and King's HighwaylSl Lucie Boulevard for the Miller's Plantation development. According to St. Lucie County's Proportionate Fair-Share Program, the Developer's obligation to a roadway improvement is calculated as follows: the number of development trips divided by the service volume increase. The considered intersection improvements at King's Highway and Angle Road consist of: Eastbound · Right turn lane Westbound . Right turn lane · Northbound Left turn lane . Second thru lane . Southbound Left turn lane Second thru lane Right tum lane · . The considered intersection improvements at King's Highway and St. Lucie Boulevard consist of: · Northbound Second thru lane . Right turn lane Southbound Second thru lane · The service volume increase of the intersections was determined through an iterative process. Using existing counts plus project trips at the intersection, the intersection was analyzed using HCS+ with the existing lanes. The volumes were modified iteratively until the LOS dropped to E. For the existing scenario, the total volume through the intersection was determined. The same process was undertaken for the proposed scenario which includes additional lanes. The service volume increase was calculated as the difference between the two intersection volumes. Attachment 1 provides the proportionate share calculations, with the supporting data provided in the Appendix. The proportionate share for Miller's Plantation traffic is 4.6% for the King's Highway/Angle Road le«er Riddle 07-057 .1.6-08 Pinder Troutman Consulting, Inc. . y ... ~ Mr. Andrt-w Riddle lie: MiHel"s """1411on - ;/IPTC07-tJS7 Matdr 6, 2008 P3gP 2 intersection and 3.4% for the King's Highway/St. Lucie Boulevard intersection. This results in a total contribution of $671,212. If you have any questions fegarding the above, please contact me. Sincerely, Rw~ 9 IÎtltah / Rebecca J. Mulcahy, P.'~. ,v-- - /1 Vice President L..- RJM/ldr Attachments cc: Brian Nolan Johnathan Ferguson Dave Shafkowitz Pi leite' Riddle 07-057 3·6-08 , . .... Attachment 1 Miller's Plantation Proportionate Share Calculations (1) Kings Highway & Angle Road Total Volume w/Existing Lanes (2) 1515 Total Volume w/Proposed Improvements (2) 5029 Add'l Capacity of Improvement 3514 Project Trips in Intersection 160 Project's % of Add'J Capacity 4.6% Improvement Cost $12,500,000 Project's Proportionate Share $569,152 Kines Highway & 51. Lucie Blvd Total Volume w/Existing Lanes (2) 2229 Total Volume w/Proposed Improvements (2) 4316 Add'l Capacity of Improvement 2087 Project Trips in Intersection 71 Project's % of Add'J Capacity 3.4% Improvement Cost $3,000,000 Project's Proportionate Share $1 02,060 (1) See Appendix. (2) Total approach volumes through intersection at which point the level of service of the intersection goes from D to E. Prop Share 07-057 3-5-08 3/6/2008 " . .. APPENDIX i..' 3/5/2008 Kings Highway@Angle Road 07.{)57 3-5'{)8 INTERSECTION ANALYSIS SHEET Miller's Plantation KINGS HIGHWAY Ir ANGLE ROAD (Existing Geomelñcs wI Project atlOS E point) PM Peak Hour Intersection Volume Development Westbound Total LT Thru IT LT TIuu IT LT Thru IT LT Thru IT TriM Existing Volume (1 QI07/04) 59 458 52 108 505 37 21 20 44 94 59 120 1577 Peak Season Volume 59 458 52 108 505 37 21 20 44 94 59 120 Backwound 33 254 29 60 281 21 12 11 24 52 33 67 877 Hawk's ReseM. 1 12 5 0 23 0 0 0 2 9 0 0 Palm Breeze Oub 11 56 26 0 78 0 0 0 16 36 0 0 ohnson Property 23 46 58 0 28 0 0 0 14 35 0 0 Total Major Projects 35 114 89 0 129 0 0 0 32 80 0 0 " Project Traffic ~ 0'l4 5" ~ ~ 20')4 20')4 2~ 0')4 5" 20')4 ~ Direction in in out in in in out out out in in in Project Traffic 0 0 6 0 0 45 26 26 0 11 45 0 160 Total lí8 368 124 60 410 66 38 37 56 143 78 67 1,515 No. of lanes 0> 1 1 0> 1 <0 1 1 <0 1 1 <0 316/2008 ICinp Hihway @ Angle Road 07-<157 3-5-08 INTERSECTION ANALYSIS SHEET Miller's Plantation KINGS HIGHWAY 0\ ANGLE ROAD (Proposed Geometries wI Project at LOS E point) PM Peak Hour Intersection Volume Development W Total LT T1uu IT LT Thru KT LT Thru IT LT Thru IT TrI... Exlstil1 Volume (10/07/04) 59 458 52 10B 505 37 21 20 44 94 59 120 1577 Peak Season Volume 66 513 56 116 566 41 24 21 49 101 63 128 Backround 166 1,292 140 291 1,426 104 59 54 124 253 159 323 4391 Hawk's Re!eIve 1 12 5 0 23 0 0 0 2 9 0 0 Palm Breeze aub 11 56 26 0 78 0 0 0 16 36 0 0 ohnson Property 23 46 58 0 28 0 0 0 14 35 0 0 Total Miljor Projects 3S 114 89 0 129 0 0 0 32 80 0 0 " Project Traffic <l'l' ~ 5" ~ ~ 2<l'l' 2~ 2<l'l' <l'l' 5" 2<l'l' ~ Direction in in out in in in out out out in in in Project Traffic 0 0 6 0 0 4S 26 26 0 11 4S 0 160 Total 201 1,406 235 291 1.555 149 85 80 156 344 2lI4 323 5,lJ29 No. of lanes 1 2 1 1 2 1 1 1 1 1 1 1 SHORT REPORT General Information Site Information Analyst PTC Intersection Kings Hwy/Ang/e Road Agency or Co. 07-057 Area Type All other areas Date Performed 8/15107 Jurisdiction SLC Time Period PM Peak Hour Analysis Year LOS E Point w/Exist. Lanes Volume and nmlna InDUt EB we NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 0 1 1 0 0 1 1 0 1 0 Lane Group L TR L TR LT R LTR Volume (vph) 38 37 56 143 78 67 68 368 124 60 410 66 % Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 PHF 0.95 0.95 0.95 0,95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed/Actuated (PIA) A A A A A A A A A A A A Startup Lost Time 2.0 2,0 2,0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 PedlBike/RTOR Volume 0 0 10 0 0 10 0 0 0 0 0 10 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 PhasinQ Excl. Left EW Perm 03 04 SB Only NB Only 07 08 Timing G= 8.0 G = 17.0 G= G= G = 56.0 G = 45.0 G= G= y- 6 y= 6 y= y= y= 6 y= 6 y= y= Duration of Analysis (hrs) = 0.25 Cycle LenQth C = 150.0 Lane Group Capacity, Control Delav, and LOS Determination EB we NB SB Adjusted Flow Rate 40 87 151 142 459 131 554 Lane Group Capacity 190 194 235 198 554 623 682 vlc Ratio 0.21 0.45 0.64 0.72 0,83 0.21 0.81 Green Ratio 0.21 0.11 0.21 0.11 0.30 0.39 0.37 Uniform Delay d1 48.7 62.1 55.3 64.2 48.9 30.1 42.3 Delay Factor k 0.11 0.11 0.22 0.28 0.37 0.11 0.35 Incremental Delay d2 0.6 1.6 5.9 11.8 10.2 0.2 7.4 PF Fador 1. 000 1.000 1.000 1.000 1.000 1.000 1. 000 Control Delay 49.3 63.8 61.2 76.0 , 59.1 30.3 49.7 Lane Group LOS D E E E E C D Approach Delay 59.2 68.3 52.7 49.7 Approach LOS E E D D Intersection Delay 55.1 Intersection LOS E Copyright C2005 University of Florida, All Rights Reserved HCS+™ Version 5.21 Generated: 31612008 1:46 PM SHORT REPORT , Gen....llnfonnatlon Site Information Analyst PTC Intersection Kings Hwy/Angle Road Agency or Co. 07-057 Area Type All other areas Date Performed 3/6108 Jurisdiction SLC Time Period PM Peak Hour Analysis Year LOS E Point w/Prop Lanes Volume and Tlmlna Input E8 WB NB 58 LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 1 1 1 1 1 2 1 1 2 1 Lane Group L T R L T R L T R L T R Volume (vph) 85 80 156 344 204 323 201 1406 235 291 1555 149 % Heavy Vehicles 2 2 2 2 2 2 2 2 0 2 2 2 PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PretimedlActuated (P/A) A A A A A A A A A A A A Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 PedlBike/RTOR Volume 0 0 0 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing Exd. Left WB Only EW Perm 04 Excl. Left SB Only NS Perm 08 Timing G= 8.0 G = 10.0 G = 12.0 G= G = 18.0 G= 2.0 G = 64.0 G= y= 6 y= 6 y= 6 y= y= 6 y- 6 y= 6 y= Duration of Analvsis (hrs) = 0.25 Cvde Lenath C = 150.0 Lane Group Capacity. Control Delav. and LOS Detennlnatlon EB WB N8 58 Adjusted Flow Rate 89 84 164 362 215 340 212 1480 247 306 1637 157 Lane Group Capacity 187 149 380 381 348 549 261 1513 1012 356 1703 908 vlc Ratio 0.48 0.56 0.43 0.95 0.62 0.62 0.81 0.98 0.24 0.86 0.96 0.17 Green Ratio 0.13 0.08 0.24 0.28 0.19 0.35 0.55 0.43 0.63 0.64 0.48 0.57 Uniform Delay d1 59.3 66.5 48.3 53.7 56.1 40.8 45.7 42.3 12.3 49.1 37.7 15.2 Delay Factor k 0.11 0.16 0.11 0.46 0.20 0.20 0.35 0.48 0.11 0.39 0.47 0.11 Incremental Delay d2 1.9 4.9 0.8 33.4 3.3 2.1 17.5 18.1 0.1 18.7 13.8 0.1 PF Factor 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Control Delay 61.2 71.3 49.1 87.0 59.4 42.9 63.2 60.4 12.5 67.7 51.4 15.2 Lane Group LOS E E D F E D E E B E D B Approach Delay 57.9 64.2 54.6 51.1 Approach LOS E E D D Intersection Delay 55.1 Intersection LOS E Copyright C 2005 University of Florida. All Rights Reserved HCS+ ™ Version 5,21 Generated: 316/2008 12:27 PM Kings Highwoy@ SI Lude Blvd 07-057 3-5-D8 INTERSECTION ANALYSIS SHEET Miller's Plantation KINGS HIGHWAY II ST LUOE BLVD/IMMOKALEE ROAD (Existing Geometries wI Project at LOS E point) PM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound Tolal LT Thru RT LT Thru RT LT Thru RT IT Thru RT TripS Existing Volume (10/191051 8 583 55 143 428 5 4 1 0 50 1 240 1S18 Background 11 828 78 204 609 7 6 1 0 71 1 341 2157 , T alai Major Projects 0 0 0 0 0 0 0 0 0 0 0 0 " Project Traffic 0% 10% 10% 0% 10% 0% 0% 0% 0% 10% 0% 0% Direction out oul out in in in in in in in in in Project Traffic 0 13 13 0 23 0 0 0 0 23 0 0 71 Total 11 841 91 204 632 7 6 1 0 94 1 341 2229 No. of Lanes 1 1 <0 1 1 <0 0> 1 <0 1 1 <0 KÌngs HiJlhway@ St Lucie Blvd 07-057 3.5-08 INTERSECTION ANALYSIS SHEET Millers Plantation KINGS HIGHWAY & 51 LUCIE BLVD/IMMOKALEE ROAD (Proposed Geometries wI Project at LOS E point) PM Peale Hour Inlersection Volume Development Northbound Southbound Eastbound Westbound Total LT Thru RT LT Thru RT LT Thru RT LT Thru RT Trips Existing Volume (10/19/05) 8 583 55 143 428 5 4 1 0 50 1 240 1518 Badcground 22 1,628 154 400 1,198 14 11 3 0 140 3 671 4244 Total Major Projects 0 0 0 0 0 0 0 0 0 0 0 0 " Project T raffle 0% 10% 10% 0% 10% 0% 0% 0% 0% 10% 0% 0% Direction out out out in in in in in in in in in Project T raffle 0 13 13 0 23 0 0 0 0 23 0 0 71 Total 22 1,641 167 400 1,221 14 11 3 0 163 3 671 4316 No. orLanes 1 2 1 1 2 <0 0> 1 <0 1 1 <0 SHORT REPORT Generallnfonnatlon Site Information Analyst PTC Intersection Kings Hwy & St. Lucie Blvd Agency or Co. #07-057 Area Type All other areas Date Peñormed 31612008 Jurisdiction SLC Time Period PM Peak Hour Analysis Year LOS E Point wÆxist Lanes Volume and nmlna InDut EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 0 1 0 1 1 0 1 1 0 1 1 0 Lane Group LTR L TR L TR L TR Volume (vph) 6 1 0 94 1 341 11 841 91 204 632 7 % Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PretimedJActuated (PIA) A A A A A A A A A A A A Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 PedlBikeJRTOR Volume 0 0 0 0 0 10 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phaslna EW Perm 02 03 04 SB Onlv NS Perm 07 08 Timing G = 25.0 G= 0.0 G= 0.0 G= G = 12.0 G = 48.0 G= 0.0 G= 0.0 y= 5 y= 0 y= 0 y= Y= 5 y= 5 y= 0 Y= 0 Duration of Analvsis lhrs) = 0.25 Cycle Length C = 100.0 Lane Group Capacltv. Control Delav. and LOS Determination EB WB NB SB Adjusted Flow Rate 7 99 349 12 981 215 672 Lane Group Capacity 367 351 396 366 881 287 1209 vie Ratio 0.02 0.28 0.88 0.03 1.11 0.75 0.56 Green Ratio 0.25 0.2~ 0.25 0.48 0.48 0.65 0.65 Uniform Delay d1 28.3 30.3 36.1 13.7 26.0 27.8 9.6 Delay Factor k 0.11 0.11 0.41 0.11 0.50 0.30 0.15 Incremental Delay d2 0.0 0.4 20,0 0.0 66.5 10.4 0.6 PF Factor 1.000 1.000 1.000 1.000 1.000 1. 000 1.000 Control Delay 28.3 30.7 56.1 13.8 92.5 38.3 10.2 Lane Group LOS C C E B F D B Approach Delay 28.3 50.5 91.5 17.0 Approach LOS C D F B Intersection Delay 55.1 Intersection LOS E Copyñght 0 2005 University of Florida, All Rights Reserved HCS+ ™ Version 5.21 Generated: 316/2008 11 :18 AM SHORT REPORT GenenlllnfonnaUon Site Infonnatlon Analyst PTC Intersection Kings Hwy & St. Lucie Blvd Agency or Co. #07-057 Area Type All other areas Date Performed 3I6f2oo8 Jurisdiction SLC Time Period PM Peak Hour Analysis Year LOS E Point w/Prop Lanes Volume and IIIIIIIHJ InDUt EB WB NB SB LT TH RT LT TH RT LT ' TH RT LT TH RT Number of Lanes 0 1 0 1 1 1 1 2 1 1 2 0 Lane Group LTR L T R L T R L TR Volume (vph) 11 3 0 163 3 671 22 1641 167 400 1221 14 % Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PretimedlActuated (P/A) A A A A A A A A A A A A Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3,0 3.0 3.0 3.0 3.0 PedlBlkeJRTOR Volume 0 0 0 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N ParkinalHour Bus Stops/Hour 0 0 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.,2 3.2 3.2 3.2 Phasina EW Perm 02 03 04 SB OnlY NS Perm 07 08 Timing G = 25.0 G= 0.0 G= 0.0 G= G = 22.0 G = 48.0 G= 0.0 G= 0.0 y= 5 y= 0 y= 0 y= y= 5 y= 5 y= 0 y= 0 Duration of AnalYsis (hrsl = 0.25 Cvde Lenath C = 110.0 Lane Group CaDacltv. Control Delav. and LOS Detennlnatlon EB WB NB S8 Adjusted Flow Rate 15 172 3 706 23 1727 176 421 1300 Lane Group Capacity 369 317 423 748 173 1548 691 422 2414 vlc Ratio 0.04 0.54 0.01 0.94 0.13 1.12 0.25 1.00 0.54 Green Ratio 0.23 0.23 0.23 0.47 0.44 0.44 0.44 0.68 0.68 Uniform Delay d1 33.1 37.5 32.9 27.6 18.5 31.0 19.7 36.2 8.8 Delay Factor k 0.11 0.14 0.11 0.46 0.11 0.50 0.11 0.50 0.14 Incremental Delay d2 0.0 1.9 0.0 20.4 0.4 61.5 0.2 43.1 0.2 PF Fador 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Control Delay 33.2 39.4 32.9 48.0 18.9 92.5 19.9 79.4 9.0 Lane Group LOS C D C D B F B E A Approach Delay 33.2 46.3 85.0 26.2 Approach LOS C D F C Intersection Delay 55.1 Intersection LOS E COJlllrlght C 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 31612008 12:09 PM , MEMORANDUM 06.;.88 OFJi.lCE OF MANAGEMENT &.BUDGET I . ---t-~ COUNTY", f l (J It I U {l. TO: Board of County Commission." Marie Gouin, Budget Ðlrector FROM: SUBJECT: DATE: $43 million bond proceeds for specified road projects , August 15, 2006 oWing the Infrastructure Workshop, the Board considered DesiSQating 0.1271 mills:or an amount equal to approximately 52.3 miUion annually for 20 years to r~ay a,527 mill.ion Bond Issue. During the Budget Workshops. thè Board was advised that d~~ to increases in property values. designa.ting 0.1271 mills would generate approximately $2,785,646 annually for 20 years to repay a , 532 million Bond Issue. The Board recommended increasing the Bond ISBue to 54:3 million. . dèsignating 0.2373 mills. The Board discussed some possible projects to be funded trom the'bond proceeds. Staffis recommending the following projects be funded from the bonds: Tentative Plan .. ~ .. .~. / z c( ..J Q. .... Z W =æ¡... W'" >0 o~ 0:: CD Q.g =æ¡N - ..J ¡5 ii: c( o .tJ CJ Gl ..... f Q. .. C Gl E Gl > f Q. .§ S 1S. ea o l:' c = o U CD 'u = ...J +I ø I l:lIGl .5 t! 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Page 412512008 PRELIMINARY PROJECT CONSTRUCTION COST Intertection ()f SR 713 ,tKintlllHiahwav1and $R 68 10i'anQe Avenuel PI".e be .eli/sed that this e,tI"",. hi, been prepared for Int'ormItlonal purposes onIyl The quantities .nd COIfS .hOlllln below Ire IppIOJClml" only Ind hive been III'IØll'ed .ccordI- to 30% dI./øn comølltlon. !-1' ' 1-reM5 --~ ·~mJ~~..Y~.J~~;ð~~~(l ''''''<''''¡l¡:'it¡''~'1l Jili' " 'j-,hp.j,,:\'>."";"-\'" -,;¡;. ':; -, : MOBIlIZATION LS 10% $52lI,103.00 $52lI.103.00 01021 MAINTENANCE OF TRAFFIC LS 10% S52D,103.110 S52D.l03,OO 01044 MOVIlNG Þ/:, 120 SIIO.OO $10.m.00 011011 CLEARING & GRUBBING LS 12% $1124,123.00 $1124 123,00 01104 PAVEMENT REr.«>IIAL OF EXISTING CONCRETE BY 2250 $25.00 Sð6.250.00 0120 1 EXCAVATION REGULAR CY 21,103 $18,00 $37ll.854.00 01208 EMBANKM:NT CY 41741 $20,00 $834,820.00 Oleo 4 STABIlIZATION TYPE B SY 1l8ll91 $11.00 $735.801,00 285 704 OPTIONAL BASE (BASE GROUP 4) SY 5978 $13,00 $17,714.00 285 712 OPTIONAL BASE lBASE GROUP 12> BY 48484 $27,00 $1 ,255.Cl88.00 327 70 1 MLl EXIST ASPHALTIC PAIIr, 11112" AVG, DEPTH' SY 8,285 $3.00 $18793.50 334 1 12 SUPERPAIIE ASPHALTIC CONC.(TRAFFIC Bl TN ' 13 moo $1,198.00 334 1 13 SUPERPAIIE ASPHALTIC CONC,(TRAFFICC) TN 7387.33 ~,OO $721.9118.34 "S.fT7 FRICTIONCOURSEASPHALTIC CONC,(1112") TN 6,301 $118.00 $73ll,884.tlll 3391 A.'lPHALTIC PAVEMENT MSC. X' TN Il8 $200.00 $17.288.00 520 1 10 CONCRETECURBAND GUTTER TYPE F LF 445 $28.00 $12.471.20 520 5 12 TYPE 1 TRAFFIC SEPARATOR (8' WOE) LF 159 moo $l2.378.eo 522 1 CONCRETESlDEWl\LK <r THICK SY 280 $48.00 $13,440,00 536 1 1 ROADWlIY GUARDRAIL LF 2.525 $21.00 $53.025.00 5362 GUARDRAIlSHOP BENT PANELS LF 82 $42.00 $2.6l1l1,12 538 73 GUARDRAlLREr.«>IIAL LF 6,995 $4,00 $27.seo,00 538 85 28 GUARDRAlLEND ANCHORAGE(TYPE CRT) EA 3 $1,960.11O $5,/1lO.00 05751 SODDING SY 74.lM8 $3,25 S243.seo.43 ROADWAY TOTAL $6,876,149.87 DRAINAGE TOTAL $1,040,205.00 II SIGNING AND PAVEMENT MARKING TOTAL $78,016.00 mUN SIGNALIZATION TOTAL $180,000.00 CONTINGENCY (ScOPe CreeDI (20%) $1,619 271.00 TOTAL ESTIMATED PROJECT COST $8,753,436.87 , ~~!'~!L ~ r:s ¡ r: ¡ I!~ .Cl ~ ;; ¡; .~ ~ I ~ a r:s ,ë.~ §~ ð. -E ~a:::~ Cl r:s Œ ~~~ a~;.::::: ~l!,"§ ~~Q., § Ji;: ð ~ .!1 ¡: ~ ~ ~~ ~- s .... ~ u I \"''ìi § 2! :!!ó r - ,,~ .~ ... ¡¡: ~ .,,¡ c: c: :::=.sC> ~ ....~ l¡" I ~~ 0 ~ '" Q c: C> .il ;: ï! t l¡" § ~ § § § § § ~§ ~ ~ ~ å ª § É § ª ~jt å g ..ø M M": ' _i - ' f't{ ~1 .,1 ~l I I , II s. 2j .. . fit :! 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C L L C L L ~ 'S:: .sa ~ i6 § ð .lll ~ ~ c'Š DRAFT TO: Dan McIntyre, County Attorney FROM: Michael Brillhart,l(,ß RE: Review of Draft Proportionate Fair Share Agreement for Miller's Plantation Development DATE: April 24, 2008 In reviewing the attached Proportionate Fair Share Agreement for the proposed Miller's Plantation development along Jenkins Road south of Orange Avenue, I am concerned that the Kings Highway at Orange Avenue intersection was not included as part of the proportionate share traffic impact analysis. Based upon its location, there would be trips from this development distributed through the intersection and assigned to either Orange Avenue west of Kings Highway or Kings Highway north and south of Orange Avenue. Not having a more detailed background on this project, I have provided a tentatively recommended modified Proportionate Fair Share Agreement to include this intersection. The additional cost is approximately $5,7 million as identified within the 5 year CIP. As such, the total project cost identified in the Agreement would be revised to $21,200,000.00 The applicant's total fair share for required improvements was also adjusted to include this project using the same impacting percentage as the other two intersection improvements (Kings at Angle and Kings at St. Lucie). The result would be a PFS increase of $246,832 to bring the total applicant PFS contribution to $918,044.00 If acceptable, I have accordingly added draft modifications within the attached Agreement. DIVISION OF ENGINEERING MEMORANDUM . 08-078 TO: FROM: DATE: SUBJECT: BOCC Michael Powley, County Engineer AMf , April 1, 2008 Miller's Plantation and Rock Road Right-of-Way During Board discussion on the March 25, 2008 Public Hearing for the Miller's Plantation site plan extension, clarification was requested of staff on the available right-of-way of Rock Road and If Rock Road was Intended to be incorporated Into a larger transportation network. In the Jenkins Road planning area, Avenue Q Is intended to be an arterial roadway. It is extended westward beyond its present intersection at Angle Road, across Kings Highway and intersect the Rock Road rlght-o'-way In Miller's Plantation. This will. create a roadway connection to Angle Road. If a future· Board wishes to construct a bridge across the C-25 Belcher Canal on the north side of Angle Road, it will be possible to connect Tnto the proposed TVC roadway network, perhaps to the intersection of Seminole Road and Immokolee Road (St. Lucie Boulevard) west of Kings Highway. The Avenue Q extension right-of-way west of Angle Road Is proposed to be 100 feet. This width is constant through the Jenkins Road planning area and Miller's Plantation. However, there is a restriction through King's Center that only donated 40 feet. This property was already well into our development review process When the connection to Rock Road was conceived. Additional right-of-way will bø acquired from the adjacent property owner to the north at a future date. cc: Douglas Anderson, County Administrator Daniel Mcintyre, County AUorney Faye Outlaw, Asst. County Administrator Lee Ann Lowery, Asst. County Administrator Don West, Public Works Director Mark SaUariee, Growth Management Director John Frank, Sr. Project Engineer Ron Harris, County Surveyor Received By APR 01 2008 Growth Management 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 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 RESOLUTION NO. 08-143 FILE NO.: PUD RZ 72007-1279 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL OF A PROPORTIONATE FAIR SHARE AGREEMENT FOR TRANSPORTATION FACILITIES TO SERVE THE PROJECT TO BE KNOWN AS MILLERS PLANTATION (FKA JONETTE ACRES) - PLANNED UNIT DEVELOPMENT. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: PROPORTIONATE FAIR SHARE AGREEMENT 1. Anole Road Investment Company, LLC petitioned for an Amendment to the Official Zoning Atlas to change the Zoning from the AG-1 (Agricultural - 1 du/acre) and IX (Industrial, Extraction) Zoning Districts to the PUD (Planned Unit Development - Millers Plantation) Zoning District and Final Planned Unit Development Site Plan approval for the project to be known as Millers Plantation - PUD (fka Jonette Acres) for a development of 404 dwelling units (308 single-family units and 96 multiple-family dwelling units) to be located on 202.35 acres (plus an additional 4 acres from the abandonment of Rock Road) of property on the south side of Angle Road, approximately 1/4 mile west of Kings Highway. 2. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 3. On March 25, 2008 the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and continued the Final Planned Unit Development Site Plan approval to a date certain of May 6, 2008. 4. On May 6, 2008 the St. Lucie County Board of County Commissioners held a public hearing, and granted Final Planned Unit Development Site Plan approval for the project to be known as Millers Plantation - PUD (fka File No.: PUD RZ72007-1279 July 8, 2008 Resolution No. 08-143 Page 1 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 46 47 Jonette Acres); and authorized the St. Lucie County Growth Management Director to cause the Zoning change to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make a notation of reference to the date of adoption of Resolution 08-090. A Proportionate Fair Share Agreement was required in Conditions of Approval Number 8 and Number 9 as included in Resolution No.: 08-090. Further discussion caused deliberation of this required Agreement to be continued to a date certain of July 8, 2008 to allow for time to finalize the cost estimates in the Agreement. 5. On July 8, 2008, the St. Lucie County Board of County Commissioners held a public hearing to further review the Proportionate Fair Share Agreement that implements and meets the requirements of Conditions of Approval Number 8 and Number 9 as included in Resolution 08-090, which granted the approval for the Final PUD Site Plan of Millers Plantation- PUD. The Board of County Commissioners adopted Resolution 08-143 granting approval of the Proportionate Fair Share Agreement, as shown in "Exhibit A", and authorized the St. Lucie County Growth Management Director to cause a notation of reference to the date of adoption of Resolution 08-143 in the public records. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Proportionate Fair Share Agreement, as shown in "Exhibit A" attached hereto and made a part hereof, is approved under Resolution 08-143, and does not change or alter any other conditions of approval or requirements of Resolution 08-090. B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. C. A copy of this resolution shall be attached to the site plan drawings described in Part A of Resolution 08-090, which plan shall be placed on file with the St. Lucie County Growth Management Director. D. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to the satisfaction of the County before final site construction permits are issued. File No.: PUD RZ72007-1279 July 8, 2008 Resolution No. 08-143 Page 2 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 46 47 48 After motion and second, the vote on this resolution was as follows: Joseph E. Smith Chairman xxx Paula A. Lewis Vice-Chair xxx Commissioner Douglas Coward xxx Commissioner Chris Craft xxx Commissioner Charles Grande xxx File No.: PUD RZ72007-1279 July 8, 2008 Resolution No. 08-143 Page 3 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 PASSED AND DULY ADOPTED this 8th day of July 2008. ATTEST Deputy Clerk File No.: PUD RZ72007-1279 July 8, 2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 08-143 Page 4 1 2 3 4 Exhibit A 5 6 Proportionate 7 Fair Share 8 Agreement File No.: PUD RZ72007-1279 July 8, 2008 Resolution No, 08-143 Page 5 PROPORTIONATE FAIR SHARE AGREEMENT This Proportionate Fair Share Agreement (hereinafter "Agreement") is made and entered into this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), and ANGLE ROAD INVESTMENT, COMPANY, LLC (hereinafter "Developer"). WITNESSETH WHEREAS, the Board of County Commissioners has established by Ordinance No. 06-047 the Proportionate Fair Share Program as required by and in a manner consistent with section 163.3180(16), Florida Statutes; and WHEREAS, the Proportionate Fair Share Program allows developers under certain conditions to proceed with development notwithstanding a failure of transportation concurrency, by contributing their proportionate fair share of a transportation facility; and WHEREAS, the County has determined that the Developer's proposed project is eligible for the Proportionate Fair Share Program; and WHEREAS, in order to conform to the requirements of this Program, the County and the Developer agree to the conditions, rights and obligations established in this Agreement; and NOW, THEREFORE, in consideration of the promises, mutual covenants, and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Agreement agree as follows: Section 1. RECITALS The above recitals are true and correct and form a part of this Agreement. Section 2. PROJECT IDENTIFICATION The proposed Project is known as Miller's Plantation, as described. In Exhibit "A" attached. Section 3. PROPORTIONATE FAIR SHARE The required road improvements that triggered application of the Proportionate Fair Share Program are: 1) intersection improvements at Kings Highway and Angle Road; 2) intersection improvements at Kings Highway and St. Lucie Boulevard; and 3) intersection improvements at Kings Highway and Orange G:\Planning\PROJECT FllES\MfUers Plantation· Final PUC PUD_RZ 720071279\July 8 2008 ÐOCC\Prop Fair Share Agreement\PropFair Share\Final RevAngle Road Inv Prop.Fair Share. doc 1 Avenue. The Kings Highway/Angle Road improvements are scheduled for construction in 2012 and the Kings Highway /St. Lucie Boulevard improvements are scheduled for construction in 2012 according to the Five Year Road Program and the Capital Improvement Element of the Comprehensive Plan. The total cost of the improvements identified herein is Twenty-four million, Two hundred fifty-three thousand, four hundred thirty-seven and no/ 1 00 dollars ($24,253,437.00) and the Developer's proportionate fair share cost, based on the methodology set forth in Section 5.07.D.3, LDC, is One million, one hundred thousand, and no/100 dollars ($1,100,000.00) In consideration for providing the Proportionate Fair Share as described above, the Developer shall receive a certificate of capacity, subject to the following conditions: A. If the Developer fails to apply for a development permit within twelve months of the date of this Agreement, then this Agreement and, the certificate of capacity approval, shall be considered null and void, and the applicant shall be required to reapply. B. Any requested change to a development order may be subject to additional Proportionate Fair Share contributions to the extent the change generates additional traffic that would require mitigation. C. If the Proportionate Fair Share contribution is cash payment, such payment is due in full no later than issuance of the final development order or approval of the final plat, and shall be nonrefundable. If the payment is submitted more than twelve months from the date of execution of this Agreement, then the Proportionate Fair Share cost shall be recalculated at the time of payment, and adjusted accordingly. D. If the Proportionate Fair Share requires construction of one or more road improvements, all such improvements must be commenced prior to issuance of a development permit and assured by a binding agreement that is accompanied by a performance security in a form acceptable by the County sufficient to ensure the completion of all required improvements. E. If the Proportionate Fair Share contribution requires dedication of right-of-way, such dedication must be completed prior to issuance of the final development order or approval of the final plat; however, this requirement shall not apply to a building permit issued for the construction of a dry model. G:\Plannfng\PROJECT FllES\MtUers Plantation· Final PUD PUD_RZ 720071279\July 8 2008 BOCC\Prop Fair Share Agreement\PropFair Share\Final RevAngle Road Inv Prop. Fair Share.doc 2 Section 4. ROAD IMPACT FEE CREDIT Proportionate Fair Share contributions shall be applied as a credit against road impact fees to the extent that the Proportionate Fair Share contribution is used to address the same improvements contemplated by the County's impact fee regulations. Section 5. GOVERNING LAW The Agreement and the rights and obligations created hereunder shall be interpreted, construed and enforced in accordance with the laws of the United States and the State of Florida. If any litigation should be brought in connection with this Agreement, venue shall lie in St. Lucie County, Florida. Section 6. ATTORNEYS' FEES AND COSTS The parties hereto agree that in the event it becomes necessary for either party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms and provisions of this Agreement, each party in such litigation shall bear its own costs and expenses incurred and expended in connection therewith including, but not limited to, reasonable attorneys' fees and court costs through all trial and appellate levels. Section 7. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. Section 8. AGREEMENT This Agreement contains the entire agreement between the parties. No rights, duties or obligations of the parties shall be created unless specifically set forth in this Agreement. Section 9. AMENDMENT No modification or amendment of this Agreement shall be of any legal force or effect unless it is in writing and executed by both parties. All amendments must comply with the requirements of Section 5.07 F8 of the Land Development Code. G:\Planning\PROJECT FILES\Millers Plantation· Final PUD PUD_RZ 720071279\July 8 2008 BOCC\Prop Fair Share Agreement\PropFair Share\Final RevAngle Road Inv Prop. Fair Share.doc 3 Section 10. BINDING AGREEMENT This Agreement shall inure to the benefit of and shall bind the parties, their heirs, successors and assigns. Section 11. ASSIGNMENT This Agreement may not be assigned without the prior written consent of the other party, and all the terms and conditions set forth herein shall inure to the benefit of and shall bind all future assignees. Section 12. WAIVER Failure to enforce any provision of this Agreement by either party shall not be considered a waiver of the right to later enforce that or any provision of this Agreement. Section 13. NOTICES Any notice, request, demand, instruction or other communication to be given to either party under this Agreement shall be in writing and shall be hand delivered, sent by Federal Express or a comparable overnight mail service, or by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to County and to Developer at their respective addresses below: As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to County's Legal Representative: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Developer: With a copy to Developer's Legal Representative: Section 14. EFFECTIVE DATE; EXPIRATION OF CERTIFICATE OF CAPACITY G:\Plann1nø\PROJECT FILES\MHLers Plantation· Final PUÐ PUO_RI 720071279\Juty 8 2008 BOCC\Prop Fair Share Agreement\PropFair Share\Final RevAngle Road Inv Prop. Fair Share.doc 4 The effective date of this Agreement shall be July 8, 2008. The Certification of Capacity issued pursuant to this Agreement shall expire on the same date that Resolution No. 08-090 expires. Section 15. COUNTERPARTS This Agreement may be executed by the parties in any number of counterparts, each of which shall be deemed to be an original, and all of which shall be deemed to be one and the same Agreement. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: ANGLE ROAD INVESTMENT COMPANY LLC BY: G:\Pfanning\PROJECT FILES\Milters Plantation· Final PUD PUD_RZ 720071279\July B 2008 BOCC\Prop Fair Share Agreement\PropFair Share\ftnal RevAng{e Road Inv Prop. Fair Share. doc: 5 c o :¡:; ..!! 5i~0> E-....... ..a..N IJ)IJ)T""" I» -.... ....... >1»0 C=O -'-N "C::æ:....... CO I. N ouo:: 0::£. I» >. Cl õ>c::J ccoo.. «a. E o () z.- ~ ~j ¡f ~ I ~! co o o N <'Ï ~ ~ '" ::¡ 11 '" ~ 0- 0- '" ::; ~ " rf) ð íì () ~ ~ Ii C.J t:: i <.> () () if .~ Q. " .. . .00 ~ · ~ ::J .... ;¡ " cna. .S; '" å · · " "2 § Pt:I leU&-:l JepelílH '" .::J '" ;:¡ .. pøeug ,eue::> """ . ~ Ii Ò ~ § Q U i ::Ii ~ <.> 1) <.> PI::IUCJ¡JJr.:J '" ;:¡ lBUI!':)tZ-:> ill Æuno:) fl9qO~3..~O PU D-RZ 720071279 Land Use Angle Road Investment Co, Inc. - Miller's Plantation RS INO ... fI...._.......~.. ; I!IS,L""""DJ.~~"11!1.0.~42 RS · · · · · tOM · · · · · Till RS M 0 Q '" :l! (j o '" z OOLB0URN'RD NSL~D"!t"ANAI.~Na-.:44 RU P/F o r--.J COM - Commercial RU· Residet1ial Urban (5 dulac) A..u :s N :L......I Subject parcels 'NO - Industrial TIU . Transportation/Utilities ~ ~ ~~ .- - - . . " MXO· Mixed Use Development --. ..,-...,¿ A " · 500 ft no1iflcatlon area P/F . PubUc FaCilities - - - RS· Residential Suburban (2 dulac) Map prepared March 13, 2008 PUD-RZ 720071279 Angle Road Investment Co, Inc. - Miller's Plantation Subject parcels 500 ft, notification area Aerial flown Dec. 2005 Map prepared March 13, 2008 PU D-RZ 720071279 Zoning Angle Road Investment Co, Inc. - Miller's Plantation A~1 A~1 IL ..·······...41..,.· - # .; A~1 IL A~1 IL IX AG-1 IL o ll: !\! (j o ll: Z NSL~O'!é'ANI>1.'!!!N~ AR-1 CG r--ì S b" ct e/ AG·1. A¡rioultural(1 dufac) :l...aI u ~e pare s AR.1 . Agrioultural Residential (1 dulac) . .. · eGo· CommefQal General I . 500 ft notification area PUD - Planned Un~ Development .. . . - RS.2 - Residential Single F amily(2 dufac) I· Institutional IH . Ind05tJial Heal'\' IL· Ind05lrial Light IX· Industrial El<lraotion S?:-~~ ....-. '-A.....t Map prepared March 13, 2008 N A St Lucie County Certificate of Capacity Date 7/1/2008 Certificate No. 2765 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Fair Share Agreement for Res. 08-090 Final DO Number of units 404 Number of square feet 2. Property legal description & Tax ID no. 2302-211-002-2005 plus multiple others S. side Angle Rd, 1/4 mile west of Kings Hwy Millers Plantation PUD 3. Approval: Building Resolution No. 08-090 Letter 4. Subject to the following conditions for concurrency: See Proportionate Fair Share Agreement and Res. 08-090 Owner's name Angle Road Investment Company LLC Address 3000 Cabot Blvd. West, Suite 200 Langhorne P A 19047 6. Certificate Expiration Date 5/6/2010 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Date: 7/112008 Growth Management Director St Lucie County, Florida Tuesday, July 01, 2008 Page1of2 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 46 47 RESOLUTION NO. 08-090 FILE NO.: PUD RZ 72007-1279 Received By MAY 23 2008 Growth Management A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AG- 1 (AGRICULTURAL. - 1 DUlACRE) AND IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICTS TO THE PUD (PLANNED UNIT DEVELOPMENT - MILLERS PLANTATION) ZONING DISTRICT AND FINAL PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS MILLERS PLANTATION (FKA JONETTE ACRES) - PLANNED UNIT DEVELOPMENT; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR APPLICABILITY TO THE DESCRIBED AFFECTED PROPERTY; PROVIDING FOR EXPIRATION; PROVIDING FOR ADDITIONAL PERMITTING; PROVIDING FOR ENFORCEMENT OF CONDITIONS; PROVIDING FOR A RECORD FILE LOCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE OFFICIAL ZONING ATLAS TO BE AMENDED. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CHANGE IN ZONING 1, Anole Road Investment Company petitioned for an Amendment to the Official Zoning Atlas to change the Zoning from the AG-1 (Agricultural - 1 du/acre) and IX (Industrial, Extraction) Zoning Districts to the PUD (Planned Unit Development - Millers Plantation) Zoning District and Final Planned Unit Development Site Plan approval for the project to be known as Millers Plantation - PUD (fka Jonette Acres) for a development of 404 dwelling units (308 single-family units and 96 multiple-family dwelling units) to be located on 202.35 acres (plus an additional 4 acres from the abandonment of Rock Road) of property on the south side of Angle Road, approximately 1/4 mile west of Kings Highway. 2. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. EDWIN M. FRY. Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE t# 32D8926 0511912008 at 02:03 PM OR BOOK 2974 PAGE 2916 - 2925 Dee Type: RESO RECORDING: $86.50 Resolution No. 08-090 Page 1 File No.: PUD RZ72007-1279 May 6, 2008 1 2 3 4 ~ 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 3. On May 18, 2006, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended that the Board of County Commissioners approve the Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and IX (Industrial, Extraction) Zoning Districts to the PUD (Planned Unit Development - Jonette Acres) Zoning District and Preliminary Planned Unit Development for the project to be known as Jonette Acres - PUD, for the property depicted on the attached Maps as Exhibit "A" and described in Part B below. 4. On June 20, 2006, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Preliminary Planned Unit Development Site Plan approval for the project to be known as Jonette Acres - PUD. 5. On May 6, 2008 the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Final Planned Unit Development Site Plan approval for the project to be known as Millers Plantation - PUD (fka Jonette Acres) and authorized the St. Lucie County Growth Management Director to cause the Zoning change to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. 6. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety, and general welfare. 7, All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 8. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. The single-family and multiple-family dwelling units of the proposed project will be served by Ft. Pierce Utilities Authority (FPUA). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: PUD RZ72007-1279 May 6. 2008 Resolution No. 08-090 Page 2 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 46 47 48 49 SITE PLAN A. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code, the Final Planned Unit Development Site Plan for the project to be known as Millers Plantation - Planned Unit Development (fka Jonette Acres), is hereby approved as depicted on the site plan drawings for the project prepared by Thomas Lucido & Associates, P,A., dated December 1, 2006, last revised January 22, 2008, and date stamped received by the St. Lucie County Growth Management Director on March 7, 2008, subject to the following conditions: 1. Prior to Final Plat approval, the Homeowners'/Property Owners' Association or Declaration of Covenants documents specifying the restrictions and proper management of the preserve areas shall be submitted to the SLC County Attorney's Office. 2. Prior to issuance of a Vegetation Removal Permit, a Preserve Area Monitoring and Management Plan specifying the restrictions and proper management of the preserve areas shall be submitted and approved by the SLC ERD. 3. Prior to issuance of any development permit, conservation 'easement documents shall be submitted to the SLC County Attorney's Office and the areas that will be included under the conservation easement shall be identified on the final plat. 4. No Certificate of Occupancy shall be issued until all proposed public improvements have been constructed. Improvements shall include turn lanes, bike lanes, sidewalks, and all other proposed public improvements. The developer, his successors or assigns, shall consult with county staff regarding the addition of a third ingress/egress connection of the development to Angle Road. 5. The Developer shall convey the additional right of way for the following roadways, Avenue "Q' Extension, Rock Road and Angle Road within 90 days after final PUD approval is granted. Form of conveyance shall be acceptable to the County Attorney. 6. No Certificate of Occupancy shall be issued until conditional acceptance of the constructed public improvements has been certified. 7. No Certificate of Occupancy shall be issued until the developer has entered into a Maintenance Agreement for the constructed public improvements and posts security for 15% of the total cost of the public improvements. 8. No Building Permit shall be issued until the developer has entered into a Proportionate Fair Share Agreement, pursuant to 5.07.F.2, acceptable to the Board of County Commissioners, for the construction of the transportation facilities identified therein. File No.: PUD RZ72007-1279 May 6, 2008 Resolution No. 08-090 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 B. 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 9. Prior to issuance of any development permit, the developer, his successors or assigns, shall provide St. Lucie County with an updated Transportation Impact Report (TIR), in accordance with Section 5.07.C.7 of the St. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. 10. Hours of construction of the development shall be limited to between 7 a.m. and 5:30 p.m., Monday through Friday, and 7 a.m. and 1 p.m. on Saturday. 11. Prior to issuance of the Certificate of Occupancy for the 203rd single family home, the clubhouse shall be built or retrofitted to hurricane resistant construction standards with a backup electric generator for power during emergencies. 12. Prior to Final Plat approval, the developer, his successors or assigns, shall include all homeowners' financial obligations in the agreement of sale document which shall be submitted to the SLC County Attorney's office for approval. The property on which this site plan approval is being granted is described as follows: PARCELl PARCEL 1 THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, EXCEPTING THEREFROM THE WEST 200 FEET THEREOF. PARCEL 2. FROM THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, RUN EAST ON A LINE DIVIDING THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 FROM THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION A DISTANCE OF 100 FEET FOR POINT OF BEGINNING; THENCE CONTINUE EAST ALONG SAID LINE A DISTANCE OF 100 FEET; THENCE RUN NORTH 50 FEET; THENCE RUN WEST 100 FEET; THENCE RUN SOUTH 50 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN CONVEYED. PARCEL 3. THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST. PARCEL 4. THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 LESS THE WEST 264 FEET THEREOF PARCEL II: WEST 132 FEET OT THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. File No.: PUD RZ72007-1279 May 6, 2008 Resolution No. 08-090 Page 4 1 2 PARCEL III: 3 4 THE EAST 132 FEET OF THE WEST 264 FEET OF THE SOUTH 1/2 OF THE 5 SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 35 6 SOUTH, RANGE 39 EAST, LYING AND BEING IN ST.UCIE COUNTY, 7 FLORIDA. 8 9 PARCEL IV: 10 11 THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 35 12 SOUTH, RANGE 39 EAST, EXCEPTING THEREFROM ALL RIGHTS OF WAY 13 FOR DRAINAGE CANALS AND PUBLIC ROADS, ALSO EXCEPTING 14 THEREFROM THOSE PARCELS DESCRIBED IN OFFICIAL RECORDS 15 BOOK 1539, PAGE 1552 AND OFFICIAL RCORDS BOOK 1097, PAGE 2282, 16 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 17 18 PARCEL V: 19 20 THE NORTH 1295 fEET Of THE SOUTH 1320 FEET Of THE FOLLOWING 21 DESCRIBED PROPERTY: 22 THE WEST 1/2 Of THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 35 23 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LESS THE WEST 24 43 FEET fOR CANAL RIGHT-Of-WAY. 25 26 PARCEL VI: 27 28 BEGINNING AT A LIGHTER WOOD POST ON THE EAST RIGHT-OF-WAY Of 29 THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT CANAL 30 NO. 33 AND ON THE EAST-WEST QUARTER SECTION LINE OF SECTION 2, 31 TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, fLORIDA; 32 THENCE RUN NORTH 89°49'54" .EAST, ALONG THE SAID EAST-WEST 33 QUARTER SECTION LINE, A DISTANCE Of 1341.20 FEET, TO THE 34 NORTHEAST CORNER OF THE NORTHWEST 1/4 Of THE SOUTHEAST 1/4 35 Of SAID SECTION 2; THENCE RUN SOUTH 00°17'45" EAST, A DISTANCE 36 Of 690.94 fEET; THENCE RUN SOUTH 86°55'43"WEST, A DISTANCE Of 37 320.38 fEET; THENCE RUN NORTH 73°58'38".WEST, A DISTANCE OF 38 753.83 FEET; THËNCE RUN NORTH 78°11'48"WEST, A DISTANCE OF 39 306.52 FEET, TO THE EAST RIGHT-OF-WAY OF SAID CANAL NO. 33; 40 THENCE RUN NORTH 00002'05".WEST ALONG THE EAST RIGHT-Of-WAY 41 Of SAID CANAL NO. 33, A DISTANCE OF 433.39 FEET TO THE POINT OF 42 BEGINNING 43 44 AND 45 THE SOUTH 25.00 fEET Of THE WEST 1/2 Of THE NORTHEAST 1/4 OF 46 SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, 47 fLORIDA, LESS THE WEST 43.00 fEET fOR CANAL RIGHT-Of-WAY. 48 49 SAVING AND RESERVING UNTOI THE GRANTOR HEREIN AND EASEMENT File No.: PUD RZ72007-1279 May 6. 2008 Resolution No. 08-090 Page 5 1 FOR DRAINAGE AND FLOWAGE OVER AND UPON AND THROUGH THE 2 SOUTH 25 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 3 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, 4 LESS THE WEST 43.00 FEET FOR CANAL RIGHT-OF-WAY. 5 6 PARCEL VII: 7 8 BEGIN AT A LITER POST ON THE EAST RIGHT OF WAY OF THE NORTH 9 ST. LUCIE RIVER WATER MANAGEMENT DISTRICT CANAL NO. 33 AND 10 ON THE EAST-WEST ONE-QUARTERSECTION LINE OF SECTION 2, 11 TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; 12 THENCE RUN SOUTH 00002'05"EAST, ALONG THE EAST RIGHT-OF-WAY 13 OF SAID CANAL NO. 33, A DISTANCE OF 433.39 FEET TO THE POINT OF 14 BEGINNING; THENCE RUN SOUTH 78°11'48" EAST, A DISTANCE OF 306.52 15 FEET; THENCE SOUTH 00°02'05" EAST, A DISTANCE OF 153.26 FEET; 16 THENCE RUN NORTH 78°11'48"WEST, A DISTANCE OF 306.52 FEET; 17 THENCE RUN NORTH 00002'05"WEST, A DISTANCE Of 153.26 FEET, TO 18 THE POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 2, 19 TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. 20 21 PARCEL VIII: 22 23 PARCEL 2. 24 COMMENCE AT A LITER WOOD POST ON THE EAST RIGHT-OF-WAY OF 25 THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT CANAL 26 NO. 33, AND ON THE EAST WEST 1/4 SECTION LINE OF SECTION 2, 27 TOWNSHIP 35 SOUTH RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; 28 THENCE RUN SOUTH 00002'05"EAST, ALONG THE EAST RIGHT-OF-WAY 29 OF SAID CANAL NO. 33, A DISTANCE OF 586.65 FEET TO THE POIINT OF 30 BEGINNING; THENCE RUN SOUTH 78°11'48"EAST, A DISTANCE OF 306.52 31 FEET; THENCE SOUTH 00002'05"EAST, A DISTANCE Of 50.00 FEET; 32 THENCE RUN NORTH 78°11'48''WEST, A DISTANCE OF 306.52 FEET; 33 THENCE RUN NORTH 00002'05"WEST A DISTANCE OF 50.00 FEET TO THE 34 POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 2, TOWNSHIP 35 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. 36 37 38 PARCEL 3. 39 COMMENCE AT A LITER WOOD POST ON THE EAST RIGHT-OF-WAY OF 40 THE NORTH ST. LUCIE RIVER WATER MANAGEMENT CANAL NO. 33 AND 41 ON THE EAST WEST 1/4 SECTION LINE OF SECTION 2, TOWNSHIP 35 42 SOUTH, RANGE 39 EAST, ST., LUCIE COUNTY, FLORIDA; THENCE RUN 43 SOUTH 00002'05"EAST, ALONG THE EAST RIGHT-Of-WAY OF SAID 44 CANAL NO. 33, A DISTANCE OF 433.39 FEET; THENCE RUN SOUTH 45 78°11'48"EAST, A DISTANCE OF 306.52 FEET TO THE POINT OF 46 BEGINNING; THENCE CONTINUE SOUTH 78°1j'48" EAST 30 FEET; 47 THENCE RUN SOUTH 11°15'11"WEST, A DISTANCE OF 150.01 FEET; 48 THENCE NORTH 00002'05''WEST A DISTANCE OF 153.26 FEET TO THE 49 POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 2, TOWNSHIP File No.: PUD RZ72007-1279 May 6. 2008 Resolution No. 08-090 Page 6 1 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA 2 3 PARCEL IX 4 A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 2, TOWNSHIP 5 35 SOUTH RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED 6 AS FOLLOWS: 7 COMMENCE AT THE NORTHERLY RIGHT OF WAY LINE OF 1-95 AND THE 8 EAST RIGHT-OF-WAY OF N.S.L.R.W.M.D., CANAL NO. 33 AND RUN ALONG 9 THE EAST RIGHT OF WAY OF SAID CANAL NO. 33, NORTH 10 Ooo02'OS''WEST, A DISTANCE OF 170.13 FEET TO THE POINT OF 11 BEGINNING. BEGIN AT THE POINT OF BEGINNING AND CONTINUE 12 ALONG THE EAST RIGHT-OF-WAY OF CANAL NO. 33, NORTH 13 00002'05''WEST, A DISTANCE OF 60 FEET; THENCE RUN SOUTH 14 78°04'55"EAST A DISTANCE OF 306.18 FEET; THENCE RUN NORTH 15 0000S'25"E, A DISTANCE OF 50.01 FEET; THENCE RUN NORTH 16 60002'15"EAST, A DISTANCE OF 41.18 FEET; THENCE RUN SOUTH 17 19°54'SS" EAST, A DISTANCE OF 129.00 FEET; THENCE RUN SOUTH 18 43°40'23"WEST, A DISTANCE OF 13S.00 FEET; THENCE RUN NORTH 19 81°06'36"WEST, A DISTANCE OF 205.04 FEET; THENCE RUN NORTH 20 34°S0'07"WEST, A DISTANCE OF 146.07 FEET TO THE POINT OF 21 BEGINNING, ALL LANDS LYING AND BEING IN ST. LUICE COUNTY, 22 FLORIDA; 23 24 TOGETHER WITH A 20-FOOT WIDE INGRESS AND EGRESS EASEMENT 25 MORE PARTICULARLY DESCRIBED IN WARRANTY DEED AT OFFICIAL 26 RECORDS BOOK 877, PAGE 2471, OF THE PUBLIC RECORDS OF ST. 27 LUCIE COUNTY, FLORIDA. 28 29 PARCEL X: 30 COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF 31 SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, AND RUN SOUTH 32 00002'05"EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID 33 SECTION 2, A DISTANCE OF 696.65 FEET TO THE POINT OF BEGINNING. 34 BEGIN AT THE POINT OF BEGINNING AND RUN SOUTH 34°50'07"EAST, A 35 DISTANCE OF 146.07 FEET; THENCE RUN NORTH 81°06'36"WEST, A 36 DISTANCE OF 205.04 FEET; THENCE RUN NORTH 43°40'23" EAST, A 37 DISTANCE OF 135.00 FEET; THENCE RUN NORTH 19°54'55"WEST, A 38 DISTANCE OF 129.00 FEET; THENCE RUN SOUTH 60002'15"WEST, A 39 DISTANCE OF 41.18 FEET; THENCE RUN NORTH 11°18'OS"EAST, A 40 DISTANCE OF 148.37 FEET; THENCE RUN SOUTH 73°58'38"EAST, A 41 DISTANCE OF 723.83 FEET; THENCE RUN NORTH 86°S5'43"EAST, A 42 DISTANCE OF 320.38 FEET; THENCE RUN SOUTH 00017'45"EAST, 43 ADISTANCE OF 629.09 FEET; THENCE RUN SOUTH 89°49'36"WEST, A 44 DISTANCE OF S62.21 FEET TO A POINT ON THE NORTHEASTERLY RIGHT- 45 OF-WAY OF SAID,INTËRSTATE HIGHWAY NO. 95; THENCE RUN ALOON 46 THE NO_NG SAID NORTHEASTERLY RIGHT OF WAY OF SAID 47 INTERSTATE HIGHWAY NO. 9S, NORTH 60007'49"WEST, A DISTANCE OF 48 905.57 FEET TO THE EAST RIGHT OF WAY OF N.S.L.W.M.D. CANAL NO. 49 33; THENCE RUN ALONG SAID EAST RIGHT OF WAY OF SAID CANAL NO. File No.: PUD RZ72007-1279 May 6, 2008 Resolution No. 08-090 Page 7 1 2 3 4 5 6 7 8 I 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 33, NORTH 00002'05''WEST, A DISTANCE OF 170.13 FEET TO THE PLACE AND POINT OF BEGINNING. PARCEL XI THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING NORTHEASTERLY OF THE INTERSTATE 95 RIGHT OF WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 213, PAGE 126, PUBLIC RECORDS OF ST. LUIE COUNTY, FLORIDA. (Parcel Identification Numbers: 2302-211-0002-000/5, 2302-121-0001-000/2, 2302-131-0001-000/3, 2302-133-0001-000/9, 2302-311-0001-000/5, 2302-422-0003-000/0, 2302-422-0001-0006, 2302-422-0002-000/3, 2302-421-0001-010/6, 2302-431-0001-000/4) (Location: South side of Angle Road, approximately 1/4 mile west of Kings Highway.) C. This Final Planned Unit Development Site Plan approval shall expire on May 6, 2010, unless an extension is granted in accordance with Section 11.02.06(8)(3), S1. Lucie County Land Development Code. D. The Final Planned Unit Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Angle Road Investment Company, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part 8. E. The conditions set forth in Part A are an integral non-severable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this Resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. G. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. H. This Resolution shall be recorded in the Public Records of St. Lucie County. I. The S1. Lucie County Growth Management Director is hereby authorized and directed to cause the zoning change to be made on the Official Zoning Atlas of S1. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. File No,: PUD RZ72007-1279 May 6, 2008 Resolution No. 08-090 Page 8 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 J. After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith Aye Vice-Chair Paula A. Lewis Absent Commissioner Douglas Coward Aye Commissioner Chris Craft Aye Aye Commissioner Charles Grande PASSED AND DULY ADOPTED this 6th day of May 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORID!,: . . BY: , .J ATTEST: APPROVED AS TO FORM AND CORRECTNESS BY: n.~ ,I;r.:ð ÀJi+' County Attorney 39 40 41 42 43 44 45 46 File No.: PUD RZ72007-1279 May 6, 2008 Resolution No. 08-090 Page 9 1 2 3 4 5 6 7 8 9 File No.: PUD RZ72007-1279 May 6, 2008 Exhibit A Maps Resolution No. 08-090 Page 10 ..... TO: SUBMITTED BY (DEPT): PRESENTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [Xl [ 1 APPROVED OTHER: Approved 5-0 County Attorney: ~ origin~ting Dept: ~~ Communlty SerVlce: ~ AGENDA ITEM REQUEST ITEM NO. -tf DATE: JUly 8, 2008 REGULAR: [ ] PUBLIC HEARING: [] CONSENT: [X] Board of County Commissioners Grants/Disaster Recovery Bill Hoeffner, Grants/Disaster Recovery Director~ Authorize the creation of a local Citizen Corps Council. Also, authorize the submittal of a grant application to the Florida Division of Emergency Management for funds not to exceed $20,000. The grant funding, if awarded, will be used to promote volunteer recruitment to agencies to be coordinated by the Citizen Corps Council. See attached memorandum. Matching funds are not required for the grant. In 2006 and 2007, the Board approved grants from the Florida Division of Emergency Management to establish a Citizen Emergency Response Team. As explained in the attached memorandum, the Citizen Emergency Response Team is one of the volunteer programs to be coordinated by the Citizen Corps Council. Staff recommends the Board authorize the creation of a local Citizen Corps Council. Staff also recommends the Board approve the submittal of a grant application to the Florida Division of Emergency Management for funds not to exceed $20,000 to be used to promote volunteer recruitment to agencies to be coordinated by the Citizen Corps Council. DENIED CON7C.' L::. ~ Douglas M. Anderson County Administrator Coordination/Signatures Mgt « Budget: Public Works: Finance: Purchasing: ~ J Public Safety: ~O~ '''- ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: From: Re: Date: Board of County Commissioners Bill Hoeffner, Grants I Disaster Recovery Director ~ Consent Agenda Item Request E-1 Julv 8. 2008 This agenda item is to secure the Board's authorization to create a local Citizen Corps Council and authorization to submit a grant application to the Florida Division of Emergency Management for funds not to exceed $20,000 to be used to promote volunteer recruitment to agencies to be coordinated by the local Citizen Corps Council. Citizen Corps is a program of the U.S. Department of Homeland Security, the Federal Emergency Management Agency (FEMA), and the Florida Division of Emergency Management. The mission of Citizen Corps is 'to harness the power of every individual through education, training, and volunteer service to make communities safer, stronger, and better prepared to respond to the threats of terrorism, crime, public health issues, and disasters of all kinds." Currently there are 45 Citizen Corps Councils in Florida. The primary purpose of Citizen Corps is to promote and coordinate emergency service volunteer organizations within each community. There are five volunteer organizations that customarily fall under the umbrella of Citizen Corps: 1 - Citizens Emergency Response Team (CERT), 2 - Medical Reserve Corps (MRC), 3 - USA on Watch, 4 -Volunteers in Police Service, and 5 - Fire Corps. As described in the next four paragraphs, St. Lucie County currently has established programs within the first four of these organizations. The CERT program in St. Lucie County has been in existence for three years and has more than 120 volunteers. The program is a collaborative effort involving the Sheriffs Office, the Fire District, the Public Safety Department, the City of Port St. Lucie, and Indian River Community College Public Service Department. Indian River Community College both recruits and trains volunteers for this program. Volunteers are trained in community emergency response procedures to enable them to serve as first responders in an emergency until more skilled responders arrive on the emergency scene. For any emergency, CERT volunteers can be activated and called to assist by the Fire District, the Sheriff's Office, or the Public Safety Department. CERT members are also trained to self activate for any emergency within their immediate neighborhoods. During this past year, a grant was secured to establish the S1. Lucie County Medical Reserve Corps. To date, 75 volunteers have been recruited. Approximately 25 have been trained. The Medical Reserve Corps is comprised of medical specialists (doctors, nurses, varied therapists, etc) who volunteer to provide emergency medical services in the event of an emergency. The County Health Department oversees the program, Indian River Community College Public Service Department provides specialized Page 1 of 2 training in emergency medical services. Medical Reserve Corps volunteers can be activated and called to assist by the Fire District, the Sheriff's Office, the Public Safety Department, or the Health Department. The USA on Watch program in St. Lucie County is better known as Crime Watch and is overseen and operated by the Sheriff's Office and Police Departments in each city. The program recruits and educates volunteers to serve as observers for potential crime activities in neighborhoods. The County's Volunteers in Police Service in St. Lucie County is better known as COPS or Citizens' Observation Police Service. The program is overseen and managed by the Sheriff's Office. The program has a mission that is similar to Crime Watch. However, volunteers receive more extensive training in police procedures and agree to provide patrol services by car. At this time, the County does not have a Fire Corps volunteer program. Fire Corps is more appropriate for communities that rely upon a volunteer fire department. The St. Lucie County Fire District contributes to and supports the CERT and MRC programs, In the event of a fire emergency, the Fire District would be able to utilize volunteers from these programs. The primary purpose of the proposed Citizen Corps Council will be to recruit volunteers for each of the above described volunteer programs, to promote the volunteer programs, and to serve as a coordinating body. It is proposed that representatives from the Sheriff's Office, Fire District, St. Lucie County Public Safety Department, St. Lucie County Community Services Department, Port St. Lucie, Fort Pierce, St. Lucie Village, the Health Department, and Indian River Community College Public Service Department serve on the Council. Each of the above jurisdictions/organzations has been consulted regarding the formation of a Citizen Corps and each has verbalized support and willingness to participate. Indian River Community College has agreed to provide office space and support services for the program. An additional purpose for developing a Citizen Corps Council is to improve the County's competitiveness in applying for grants for volunteer programs coordinated by the to-be- established Council as well as other Department of Homeland Security grants. Having a Citizen Corps Council is increasingly becoming a requirement for eligibility for many Department of Homeland Security grants. A grant in the amount of $20,000 is being sought to help establish the program. Grant funds will be used to pay for a part-time coordinator, public service announcements, and other advertising supplies for the program. $20,000 is the maximum grant amount offered. Please see attachment (3 pages) for additional information regarding Florida Citizen Corps. Staff recommends the Board authorize the creation of a local Citizen Corps Council. Staff also recommends the Board approve the submittal of a grant application to the Florida Division of Emergency Management for funds to establish the program in an amount not to exceed $20,000. Page 2 of 2 Florida Citizen Corps FLORIDA cltlzen~ ~COrps Programs & Partners: After September 11, 2001, America witnessed a wellspring of selflessness and heroism. People in every corner of the country asked, "What can I do?" and "How can I help?" Citizen Corps was created to help all Americans answer these questions through public education and outreach, training, and volunteer service, Citizen Corps Councils helps drive local citizen participation by coordinating Citizen Corps programs, developing community action plans, assessing possible threats and identifying local resources, The Community Emergency Response Team (CERT) Program program is administered by FEMA's Community Preparedness Division. CERT is a training program that prepares people to helpthemselves, their families and their neighbors in the event of a disaster in their community. Through CERT, citizens can learn about disaster preparedness and receivetraining in basic disaster response skills such as fire safety, light search and rescue, and disaster medical operations. With this training, volunteers can provide critical supportby giving immediate assistance to victims before emergency first responders arrive on scene. CERT volunteers also support the community year-round by participating in community preparedness outreach activities and distributing materials on disaster preparedness and education. http://www,citizencorps.gov/certlindex.shtm Fire Corps promotes the use of citizen advocates (volunteers) to support and . augment the capacity of resource-constrained fire and emergency service departments at all levels: volunteer, combination, and career. Fire Corps is funded through the Department of Homeland Security and is managed and implemented .. . "M 'hm"gh a part"."h;p b.!wee" !h. N"ooo, Vol""ee, ,"æ Co",eil ood 'h. International Association of Fire Chiefs, and with direction from the National Advisory Committee, a group of 15 national organizations representing the fire and emergency services, to provide the program with strategic direction and important feedback from the field. http://www.firecorps.Q[9L , The Office of the Civilian Volunteer Medical Reserve Corps (MRC) Program reports directly to the Surgeon General of the U.S. in the Department of Health and Human Services. MRC strives to improve the health and safety of communities across the country by organizing and utilizing public health, medical and other volunteers who want to donate their time and expertise to prepare for and respond to emergencies. Volunteer MRC units accomplish this mission by supplementing existing emergency and public health resources during local emergencies and other times of community need. http://www.medicalreservecoros.gov Attachmêñt Page 1 of 3 Florida Citizen Corps USAonWatch is the face of the National Neighborhood Watch Program. The program is managed nationally by the National Sheriffs' Association in partnership with the Bureau of Justice Assistance, Office of Justice Programs, US Department of Justice. Time-tested practices such as "eyes-and-ears" training and target-hardening techniques continue to be at the core of the program. As groups continue to grow, the roles of citizens have become more multifaceted and tailored to local needs. USAonWatch empowers citizens to become active in homeland security efforts through community participation. USAonWatch provides information, training, technical support and resources to local law enforcement agencies and citizens. http://www, usaonwatch. orgl Y1J§- po The Volunteers in Police Service (VIPS) Program serves as a gateway to information for law enforcement agencies and citizens interested in law enforcement volunteer programs. The program's ultimate goal is to enhance the capacity of state and local law enforcement agencies by incorporating the time and skills that volunteers can contribute to a community law enforcement agency. The International Association of Chiefs of Police (IACP) manages the VIPS Program in partnership with and on behalf of the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. http://www,policevolunteers.org/ The Citizen CorRª Affiliate Program expands the resources and materials available to states and local communities by partnering with Programs and Organizations that offer resources for public education, outreach, and training; represent volunteers interested in helping to make their community safer; or offer volunteer service opportunities to support first responders, disaster relief activities, and community safety efforts. Citizen Corps is coordinated nationally by the Department of Homeland Security. DHS also works closely with the Corporation for National and Community Service (CNCS) to promote volunteer service activities that support homeland security and community safety. CNCS is a federal agency that operates nationwide service programs such as AmeriCorps, Senior Corps, and Learn and Serve America. Participants in these programs may support Citizen Corps Council activities by helping to establish training and information delivery systems for neighborhoods, schools, and businesses, and by helping with family preparedness and crime prevention initiatives in a community or across a region. Securing our safety and freedom requires that we all work together. Every American has a critical role to play. FLORIDA DIVISION OF EMERGENCY MANAGEMENT Attachment Page 2 of 3 Florida Citizen Corps Citizen Corps FLORIDA Cltlzen~, 'l'lfCOrps About Florida Citizen Corps We all have a role in hometown security Citizen Corps asks you to embrace the personal responsibility to be prepared; to get training in first aid and emergency skills; and to volunteer to support local emergency responders, disaster relief, and community safety. Currently there are: 156 Community Emergency Response Teams 45 Citizen Corps Councils 1153 Neighborhood Watch 100 Volunteer Police Services 28 Medical Reserve Corps 26 Fire Corps which serve citizens throughout the state of Florida. Register Register Your Council Attachment Page 3 of 3 l,/ AGENDA REQUEST ITEM NO. !L DA TE: July 7, 2008 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Regional Conflict Counsel BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Based on the recommendation of F ACA and the action taken by F AC. staff recommends that the Board participate as a plaintiff in the lawsuit against the State of Florida concerning whether the obligations imposed on counties by the Florida Legislature concerning the office of regional counsel are constitutional. COMMISSION ACTION: [." APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: £ CDOUglaS And;¡;on County Administrator County Attorney: & 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.: 08-1055 DATE: July 2, 2008 SUBJECT: Regional Conflict Counsel ***AAAAAAAAAAAAAAAAAAAAAAAAAA4444AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA.************* BACKGROUND: The Florida Association of Counties (FAC) and fourteen (14) counties have voted to file suit against the State of Florida alleging that provisions of Chapter 2007-62, Laws of Florida, requiring counties to provide office space and communications services to "offices of criminal conflict and civil regional counsel" created by the state legislature are unconstitutional. The purpose of this agenda item is for the Board to determine whether St. Lucie County should also become a plaintiff in the suit. As indicated above, the 2007 Florida Legislature adopted Chapter 2007-62, Laws of Florida (copy attached), which created five (5) offices of criminal conflict and civil regional counsel (Section 27.511, F.S., pages 6-9) and provided that counties must fund communications services and office space for the offices of regional counsel (Section 29.998, F.S., pages 31- 36). The Florida Association of County Attorneys (FACA) has determined that counties cannot be compelled, under the Florida Constitution, to provide the obligations imposted by Chapter 2007-62, Laws of Florida. A copy of a memorandum dated December 5, 2007 from FACA President Herbert W.A. Thiele (Leon County Attorney) is attached. Copies of the documents referenced in Mr. Thiele's memorandum are also attached. Although St. Lucie County had serious concerns about the constitutionality of the new law, the County attempted to comply by providing office space to the regional conflict counsel adjacent to the old Civic Center. The County spent money preparing the space anticipating use by the regional counsel on or around January 1, 2008. According to the County Administrator, he contacted the Regional Counsel in December 2007 because the County Administrator had not heard from the Regional Counsel. During the December 2Ö07 phone conversation with the County Administrator, the Regional Counsel informed the County Administrator that the Regional Counsel had rented private office space in Fort Pierce and would not be occupying the space provided by the County. Copies of letters concerning the Regional Counsel are also attached. ,. FAC and the 14 counties have retained the law firm of Nabors, Giblin & Nickerson as special counsel to file suit against the State. FAC has agreed to pay one-third (1/3) of the cost of litigation. The remaining two-thirds (2/3) of the costs would be spread among the participating counties. The cost estimate provided by the FACA President i$ approximately five thousand and 0/100 ($5,000.00) dollars per County. RECOMMENDATION/CONCLUSION: Based on the recommendation of FACA and the action taken by FAC, staff recommends that the Board participate as a plaintiff in the lawsuit against the State of Florida concerning whether the obligations imposed on counties by the Florida Legislature concerning the Office of Regional Counsel are constitutional. DSM/caf Attachments ... CHAPTER 2007-62 Committee Substitute for Senate Bill No. 1088 An act relating to due process; amending s. 27.40, F.S,; providing for offices of criminal conflict and civil regional counsel to be appointed to represent persons in certain cases in which the public defender is unable to provide representation; providing for private counsel to be appointed only when the public defender and the regional counsel are unable to provide representation; providing for the clerk of court to maintain the registry of attorneys available for appointment; providing for compensation of appointed counsel who are not on the registry; requiring attorneys to maintain records in order to claim extraordinary compensation; requiring attorneys to provide infor- mation in a form prescribed by the Justice Administrative Commis- sion; creating s. 27.405, F.S.; requiring the Justice Administrative Commission to track expenditures and performance measures of court-appointed counsel; requiring reports concerning expenditures, performance measures, and certain characteristics of court- appointed counsel; creating s. 27.425, F.S.; requiring the chief circuit judge to recommend compensation rates for providers of due process services; providing for rates to be prescribed in the General Appro- priations Act; creating s. 27.511, F.S.; creating an office of criminal conflict and civil regional counsel within the' boundaries of each of the five district courts of appeal; providing legislative intent; direct- ing the Justice Administrative Commission to provide administra- tive support to the offices; prescribing qualifications for and provid- ing for appointment of the regional counsel; providing prohibitions related fu the practice oflaw; requiring that the criminal conflict and civil regional counsel be appointed when the public defender has a conflict ofinterest in specified caseS; prohibiting appointment of the office in certain circumstances; providing for appellate representa- tion; providing for the regional counsel to provide representation in certain civil proceedings; providing exceptions for certain guardian- ship cases; amending s. 27.512, F.S., relating to orders ofnoimpris- onment; conforming provisions to the creation of the regional offices; amending s. 27.52, F.S., relating to the determination of indigent status; conforming provisions to the creation of the regional offices; amending s. 27.525, F.S.; revising the purposes of the Indigent Criminal Defense Trust Fund; amending s. 27.53, F.S.; authorizing the r(lgional counsel to employ assistant regional counsel; authoriz- ing certain investigators to carry concealed weapons and serve proc- esS under certain conditions; requiring the regional counsel to rec- ommend modifications to classification and pay plans; providing for appropriations to be determined by a funding formula; amending s. 27.5301, F.S.; providing for salaries for the regional counsel and assistant counsel; amending s. 27.5303, F.S., relating to conflicts of interest in the representation of indigent defendants; conforming provisions to changes made by the act; eliminating the authority for the Justice Administrative Commission to contest motions to with- draw; requiring public defenders to submit orders granting motions to withdraw to the commission; requiring the commission to report 1 CODING: Wards strieken are deletioIlB; wards underlined are, additions. .. . Ch. 2007-62 LAWS OF FLORIDA Ch. 2007·62 on such orders; providing for the regional counsel to file a motion to withdraw from a criminal or civil case due to a conflict of interest; providing procedures and criteria; amending s. 27.5304, F.S., relat- ing to compensation of private court-appointed counsel, to conform; providing that compensation is based upon a flat fee prescribed in the General Appropriations Act; revising and eliminating certain procedures relating to billings; requiring bills to be submitted within a specified time; providing for penalties for bills submitted after a specified time; raising the maximum fee for representation in capital cases; providing a definition of the term "capital case"; prescribing fee limits for representation in certain dependency proceedings; pro- viding that state compensation for court-appointed attorneys in specified civil cases may not exceed certain limits; prescribing condi- tions, procedures, and amounts for paying compensation to counsel in excess of established limits; requiring counsel to file a motion and submit documentation; providing for a hearing; requiring a written order and findings; requiring the Offièe of State Courts Administra- tor to report data on compensation exceeding prescribed limits; amending s. 27.54, F.B., relating to payments for public defenders; conforming provisions to the creation of the offices of criminal con- flict and civil regional counsel; amending s. 27.59, F.B.; authorizing the regional counsel to have access to prisoners; amending s. 28.24, F.B.; requiring the clerk of court toprovide certain services to the criminal conflict and civil regional counsel without charge; expand- ing the authorized use of certain service-charge revenues distributed to counties to include technology for the regional counsel; amending s. 28.345, F.B.; exempting the regional counsel from certain court- related fees and charges; amending s. 29.001, F.B.; providing for the public defenders' offices to include the criminal conflict and civil regional counsel for purposes of implementing provisions of the State Constitution; providing for state funding; amending ss. 29.006 and 29.007, F.B., relating to indigent defense costa and court- appointed counsel; conforming provisions to the creation of the re- gional counsel; amending s. 29.008, F.S.; requiring counties to pro- vide certain funding related to the offices of the guardian ad litem and the criminal conflict and civil regional counsel; revising defini- tions related to county funding responsibilities; revising methods for determining certain local funding requirements, to conform; amend- ing s. 29.015, F.B., relating to deficits in due-process funds; conform- ing provisions to the creation of the regional counsel; revising proce- dures for use of certain contingency funds; amending s. 29.018, F.B., relating to cost sharing of due-process services; conforming provi- sions to the creation of the regional counsel; amending s. 39.815, . F.B.; conforming a cross-reference; amending s. 43.16, F.B.; autho- rizing the Justice Administrative Commission to provide adminis- trative assistance to criminal conflict and civil regional counsel; revising the application of provisions to conform to changes made by the act; amending s. 57.082, F.B.; revising provisions governing the determination of civil indigent status in order to include the appoint- ment of public attorneys in addition to private attorneys; requiring the court to appoint the office of criminal conflict and civil regional 2 CODING: Words stÃÐkeR are deletions; words underlined are additions. .. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007·62 counsel in certain civil cases; amending s. 110.205, F.B,; exempting officers and employees of the regional offices from the state career service system; amending s. 125.69, F.B.; authorizjng counties to contract with the regional counsel to represent defendants charged with "violations of ordinances; amending s. 216.011, F.B.; pro"viding that the regional offices are state agencies for state budgeting pur- poses; amending s. 744.331, F.B,; pro"viding for the appointment of the office of criminal conflict and civil regional counselor a private attorney for alleged incapacitated persons; pro"viding a temporary exception from certain education requirements for regional counsel; amending s. 938.29, F.B.; pro"viding that certain defendants are lia- ble for regional counsel fees and certain due-process costs; pro"viding for disbursement of collected costs and fees; creating a lien against the property of persons who receive regional counsel representation and other due-process services; creating a lien against certain par- ents for fees and costs; providing for enforcement by the clerk and valuation of fees and costs by the court; repealing s. 27.42, F.8., relating to circuit Article V indigent services committees; pro"viding legislative findings and intent regarding implementation of the act; requiring attorneys to report on active court-appointed cases; pro- "viding payment priority for attorneys complying with the reporting requirement; pro"viding for severability; pro"viding effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Effective October 1, 2007, subsections (1), (2), (3), (7), and (9) of section 27.40, Florida Statutes, are amended to read: 27.40 Court-appointed counsel; circuit registries; minimum require- ments; appointment by court.- (1) Counsel shall be appointed to represent any individual in a criminal or ci"vil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as authorized in s. 27.51. The office of criminal conflict and civil recional counsel shall be appointed to represent persons in those cases in which pro"vision is made for court- appointed counsel but the public defender is unable to provide representa- tion due to a conflict of interest or is not authorized to oro"vide reoresenta- tion. ~ Private counsel shall be appointed to represent persons ææge:at£ in those cases in which provision is made for court-appointed counsel but the office of criminal conflict and ci"vil recional counsel public Q.efeRQ.er is unable to pro"vide representation due to a conflict of interest er i£ 119t autÌlørizQQ. tg prG"ide repr8£8RtatiBll. ílù~ Private counsel appointed by the court to pro"vide representation shall be selected from a registry of indi"vidual attorneys maintained under this section oEtabliElJ,eQ. þ~' tag cirwit ^..rlislg '\7 illdigSRt EQI-"icQS gQBumttOQ or IrrOClH"eQ. tæ-suga a compotiti'.'e bidding pHlsess. 3 CODING: Words strisken are deletions; words underlined are additions. Ch. 2007·62 LAWS OF FLORIDA Ch. 2007-62 (3) In utilizing a registry: (a) The chief iudge ofthe circuit Easl1 cirmit ^ rt:icIll U indigent services eømmittoe shall compile and maintain a list of attorneys in private practice, by county and by category of cases and provide the list to the clerk of court in each county. From October 1, 2005, through September 30, 2007, the list of attorneys compiled by the Eleventh Judicial Circuit shall provide the race, gender, and national origin of assigned attorneys. To be included on a regis- try, attorneys shall certifY that they meet any minimwn requirements es- tablished in general law for court appointment, are available to represent indigent defendants in cases requiring court appointment of private counsel, and are willing to abide by the terms of the contract for services. To be included on a registry, an attorney also must enter into a contract for ser- vices with the Justice Administrative Commission. Failure to comply with the terms of the contract for services may result in termination of the contract and removal from the registry. Each attorney on the registry shall be responsible for notifYing the clerk of the court sirsy.it .^..xtislg "iT iBàigml.t S9r1'ÍS9S semmiUgg and the Justice Administrative Commission of any change in his or her status. Failure to comply with,this requirement shall be cause for termination of the contract for services and removal from the registry until the requirement is fulfilled. (b) The court shall appoint attorneys in rotating order in the order in which names appear on the applicable registry, unless the court makes a finding of good cause on the record for appointing an attorney out of order. The clerk of court shall maintain the relristrv and provide to the court the name of the attorney for appointment. An attorney not appointed in the order in which his or her name appears on the list shall remain next in order. (c) Ifit RaGls the number of attorneys on the registry in a county or·circuit for a particular category of cases is inadequate, the siFsHit ,A..rticle ""IT indigent sClr'l"Í1:es semmittee shall aetify the chief judge of the particular circuit m writiag. The sll,isf judge shall provide to the clerk of court sy.llmit the names of at least three private attorneys who have with relevant experience. The clerk of court shall send an application to each of these attorneys to register for appointment. (d) Quarterly, each chiefiudge circuit Article V indig~nt seI'1Qses SE'~~;t t% shall provide a current copy of each registry to the Chief Justice of the Supreme Court, thø chief judge, the state attorney and public defender in each judicial circuit, the office of criminal conflict and civil regional counsel. the clerk of court in each county, and the Justice Administrative Commis- sion, and the Ind.igent S9r1rises .ð..d.'riSQry Board. From October 1, 2005, through September 30,2007, the report submitted by the Eleventh Judicial Circuit shall include the race, gender, and national origin of all attorneys listed in and appointed under the registry. (7)(a) A private An attorney appointed by the court from the relristrv to represent a dgfendant er ether client is entitled to payment as provided in pursuant to s. 27.5304. An attorney appointed by the court who is not on the recistry list may be compensated under s. 27,5304 lithe court finds in the order of appointment that there were no relristrv attorneys available for 4 CODING: Words stnekSR are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 representation for that case., only HIlen f\loll perfornlanc8 b~' the at:l;erney of £peciíieQ dutio£, appro":.l sf payment by the geyrt, except for payment ga£ed on a flat f(le per cage aE providlld in £. 27.5301; aBd atterRoy c1lbmisEÌon of a payment requll¡;t to thg Jmticll hirni1lio;tratiJ.'c Commis£Ìl:lB. Upen boing flermitteQ tl:l '.vithlkm: £rem a Base, a court a:¡:r¡lQinteQ attornlJY shall cu.bmit a cop~' eftne erder te the JRütÍee _\àminictrative CgæmiE:sien at thlJ time jt is iE:sued BY the semi:. If an attorney is }3ermitted te withlira>n or i£ otherwise remo"ed from repre£entatien prior to fuJI. }3erformancl3 ofthl3 duties E}lee:ifieQ in thiG section fur reaseRs etRer than breash ef Quty, the trial court ¡;hall apprg,'e pa~>:meRt gf attgrney's fees and costE fer ";Qrk pgrfgrmgd in an amount not tg ex Bee a the amounts Ðpee:iHeQ i:a E. 27.5301. Withtkawal. frgm a sa¡;:e prigr te full porfBl"BlanSe of the dutim¡ specified £hall create a relm.tta bIe flrg£umptien that the attel'Rey i£ not entitleQ te the entire flat fee fDr thol>e cases paiG! SR a flat fee per øase had!). (b) The attorney shall maintain appropriate documentation, including contemporaneous a Cllrrgnt and detailed hourly accounting of time spent representing the àewndant or e-ther client. If the attorney fails to maintain such contemporaneous and detailed hourly records. the attorney waives the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Almropriations Act. These records and documents are sub- ject to review by the Justice Administrative Commission, subject to the attorney-client privilege and work product privilege. (9) .\ circuit ^rtisle V :indigent ser1Ís8£ semmittee Sl' Any interested person may advise the court of any circumstance affecting the quality of representation, including, but not limited to, false or fraudulent billing, misconduct, failure to meet continuing legal education requirements, solici- tation to receive compensation from the àefenàant or ether client the attor- ney is appointed to represent, or failure to file appropriate motions in a timely manner. (10) The attorney shall provide information in the form specified bv the Justice Administrative Commission pursuant to s. 27.405. subiect to the attorney-client privilege and work product privilege. Section 2. Effective October 1, 2007, section 27.405, Florida Statutes, is created to read: 27.405 Court-appointed counsel: Justice Administrative Commission tracking andreporting,- (1) The Justice Administrative Commission shall separately track ex- penditures and performance measures for private court-appointed counsel for the each of the categories of criminal or civil cases in which private counsel may be appointed. (2) The commission shall prepare and issue on a Quarterlv basis a state- wide report comparing actual vear-to-date expenditures to bud!!et amounts for each of the iudicial circuits. The commission shall prepare and issue on an annual basis a statewide report comparing performance measures for each of the iudicial circuits. The commission shall distribute copies of the Quarterlv and annual reports to the Governor. the Chief Justice of the 5 CODING: Words strisksR are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007·62 Supreme Court. the President of the Senate. and the Speaker of the House of Representatives. (3) From October 1. 2005, throug-h September 30.2007. the commission shall also track and issue a report on the race. g-ender. and national origin of private court-appointed counsel for the Eleventh Judicial Circuit. Section 3. Effective October 1, 2007, section 27.425, Florida Statutes, is created to read: 27.425 Due process service rates: responsibilities of chief iudge.- (1) The chief iudge of each circuit shall recommend compensation rates for state-funded due process service providers in cases in which the court has appointed private counselor declared a person indigent for costs. For pur- poses of this section. due process compensation rates do not include attor- ney's fees for legal representation of the client. (2) Annuallv. the chief iudge shall submit proposed due process compen- sation rates to the Office of the State Courts Administrator for inclusion in the legislative budget request for the state courts svstem. (3) The maximum rates shall be specified annuallv in the General Appro- priations Act. For the 2007-2008 fiscal veal'. the maximum rates shall be the rates in effect on June 30. 2007. (4) The total amount exPended for providers of due process services in eligible cases mav not exceed the amount budgeted in the General Appropri- ations Act for the particular due process service. .. Section 4. Section 27.511, Florida Statutes, is created to read: 27.511 Offices of criminal conflict and civil regional counsel: legislative intent: Qualifications; appointment; duties.- (1) It is the intent of the Legislature to provide adequate representation to persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized bv general law. It is the further intent ofthe Legislature to provide adequate representation in a fiscally sound manner. while safeguarding constitutional principles. Therefore. an office of criminal conflict and civil regional counsel is created within the Ireo!!l'aphic bounda- ries of each of the five district courts of appeal. The regional counsel shall be appointed as set forth in subsection (3) for each of the five regional offices. The offices shall commence fulfilling their constitutional and statutory pur· pose and duties on October 1. 2007. (2) Each office of criminal conflict and civil regional counsel shall be assigned to the Justice Administrative Commission for administrative pur- poses. The commission shall provide administrative support and service to the offices to the extent requested bv each regional counsel within the avail- able resources of the commission. The regional counsel and the offices are not subiect to control. supervision. or direction bv the commission in the perfonnance of their duties. but the emplovees of the offices shall be gOV- 6 . CODING: Words Otril3-kSB are deletions; words underlinèd are additions. Ch. 2007·62 LAWS OF FLORIDA Ch. 2007·62 'erned by the classification plan and the salary and benefits plan for the commission. (3) Each regional counsel must be. and must have been for the preceding 5 years. a member in good standing of The Florida Bar or a similar organiza- tion in another state. Each recional counsel shall be appointed by the Gover- nor and is subiect to confirmation by the Senate. The Supreme Court Judi- cial Nominating Commission shall recommend to the Governor three Quali- fied candidates for appointment to each of the five regional counsel posi- tions. The Governor shall appoint the regional counsel for the five regions from among the recommendations. or. if it is in the best interest oBhe fair administration of iustice. the Governor may reiect the nominations ,and request that the Supreme Court Judicial Nominating Commission submit three new nominees. The regional counsel shall be appointed to a term of 4 Years. the first term beginning on July 1. 2007. Vacancies shall be filled in the same manner as appointments. (4) Each regional counsel shall serve on a full-time basis and may not engage in the private practice oflaw while holding office. Assistant regional counsel shall give priority and preference to their duties as assistant re- gional counsel and may not otherwise engage in the practice of criminal law or in civil proceedin!!s for which the state compensates attorneys for repre- sentation. (5) Effective October 1. 2007. when the Office ofthe Public Defender. at any time during the representation of two or more defendants. determines that the interests of those accused are so adverse or hostile that they cannot all be counseled by the public defender or his or her staff without a conflict of interest. or that none can be counseled by the public defender or his or her staff because of a conflict of interest. and the court grants the public defender's motion to withdraw. the office of criminal conflict and civil re- gional counsel shall be appointed and shall provide legal services. without additional compensation. to any person determined to be indigent under s. 27.52. who is: (a) Under arrest for. or charged with. a felony: (b) Under arrest for. or charged with: 1. A misdemeanor authorized for prosecution by the state attorney: 2. A violation of chapter 316 punishable by imprisonment; 3. Criminal contempt: or 4. A violation of a specíallaw or county or municipal ordinance ancillary to a state charge. or if not ancillary to a state charge. only if the office of criminal conflict and civil regional counsel contracts with the county or municipality to provide representation pursuant to ss. 27.54 and 125.69. The office of criminal conflict and civil regional counsel may not provide representation pursuant to this paragraph if the court. prior to trial. files in the cause an order of no imprisonment as provided in s. 27.512: 7 CODING: Words EmeksR are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 (c) Alleged to be a delinquent child pursuant to a petition filed before a circuit court; (d) Sought by petition filèd in such court to be involuntarilv placed as a mentally ill person under part I of chapter 394. involuntarily committed as a sexually violent predator under part V of chapter 394. or involuntarily admitted to residential services as a person with developmental disabilities under chapter 393; (e) Convicted and sentenced to death. for purposes ofhandlinlZ an appeal to the Supreme Court; or (f¡ Is appealinlZ a matter in a case arisinlZ under paragraphs (a)-(d). (6)(a) Effective October 1. 2007. the office of criminal conflict and civil recional counsel has primary responsibilitv for representing persons enti- tled to court-appointed counsel under the Federal or State Constitution or as authorized by g-enerallaw in civil proceedinlZs. including, but not limited to. proceedinlZs under s. 393.12 and chapters 39. 390. 392. 397. 415. 743. 744. and 984. (b) If constitutional principles or lZenerallaw provide for court-appointed counsel in civil proceedinlZs. the court shall first appoint the recional counsel unless lZeneral law specifically provides for appointment of the public de- fender. in which case the court shall appoint the recional counsel if the public defender has a conflict of interest. (c) Notwithstanding param-aph (b) or any provision of chapter 744 to the contrary. when chapter 744 provides for appointment of counsel. the court. in consultation with the clerk of court and prior to appointinlZ counsel. shall determine. ifpossible. whether the person entitled to representation is indi- lZent. usinlZ the best available evidence. 1. If the person is indilZent. the court shall appoint the recional counsel. If at any time after appointment the recional counsel determines that the person is not indilZent and that there are sufficient assets available for the pavment oflelZal representation under s. 744.108. the recional counsel shall move the court to reassign the case to a private attorney. 2, If the person is not indigent or if the court and the clerk are not able to determine whether the person is indilZent at the time of appointment. the court shall appoint a private attorney. If at anv time after appointment the private attorney determines that the person is indig-ent and that there are not sufficient assets available for the pavment oflelZal representation under s. 744.108. the private attornev shall move the court to reassign the case to the recional counsel. When a case is reassigned, the private attornev mav seek compensation from the Justice Administrative Commission for repre- sentation not recoverable from any assets of the person in an amount ap- proved by the court as a pro rata portion of the compensation limits pre- scribed in the General Appropriations Act. (d) The recional counsel may not represent any plaintiff in a civil action broulZht under the Florida Rules of Civil Procedure. the Federal Rules of 8 CODING: Words Etriclmn are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007·62 Civil Procedure. or federal statutes, and may not represent a petitioner in a rule challenge under chapter 120. unless specifically authorized by law. (7) The court may not appoint the office of criminal conflict and civil regional counsel to represent. even on a temporary basis. any person who is not indÜænt, except to the extent that appointment of counsel is specifi- cally provided for in chapters 390. 394.415,743. and 744 without regard to the indigent status of the person entitled to representation. (8) The office of criminal conflict and civil regional counsel shall handle all circuit court appeals within the state courts system and any authorized appeals to the federal courts which are reauired in cases in which the office of criminal conflict and civil regional counsel is appointed under this section. (9) When direct appellate proceedings prosecuted by the office of criminal conflict and civil regional counsel on behalf of an accused and challenginl! a iudgment of conviction and sentence of death terminate in an affirmance of such conviction and sentence, whether by the S1itireme'Court or by the United States Supreme Court or by expiration of any deadline for filing such appeal in a state or federal court. the office of criminal conflict and civil regional counsel shall notify the accused of his or her rights pursuant to Rule 3.850, Florida Rules of Criminal Procedure. includin¡r any time limits perti- nent thereto, and shall advise such person that representation in anv collat- eral proceedin¡rs is the responsibility ofthe capital collateral regional coun- sel. The office of criminal conflict and civil regional counsel shall forward all original files on the matter to the capital collateral regional counsel. retain- ing such copies for his or her files as mav be desired or reauired by law. However. the trial court shall retain the power to appoint the office of criminal conflict and civil regional counselor other attorney not employed by the capital collateral recional counsel to represent such person in pro- ceedings for relief by executiye clemency pursuant to ss. 27.40 and 27.5303. Section 5. Effectiye July 1,2007, subsection (1) of section 27.512, Florida Statutes, is amended to read: 27.512 Order of no imprisonment.- (1) In each case in which the court determines that it will not sentence the defendant to imprisonment if convicted, the court shall issue an order of no imprisonment and the court may not appoint the public defender or other counsel to represent the defendant. If the court issues an order of no imprisonment following the appointment of the public defender or other counsel, the court shall immediately terminate the appointed counsel's pab- liQ Q.sfe:a.G1sr'£ services. Howeyer, if at any time the court withdraws the order of no imprisonment with respect to an indigent defendant, the court shall appoint the public defender to represent the defendant. Section 6. Effectiye October 1, 2007, subsections (2), (3), (4), (5), (6), and (7) of section 27.52, Florida Statutes, are amended to read: 27.52 Determination of indigent status.- (2) DETERMINATION BY THE CLERK~The clerk of the court shall determine whether an applicant seeking appointment of a public defender 9 CODING: Words ¡¡tricken are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 is indigent based upon the information provided in the application and the criteria prescribed in this subsection. (a)l. An applicant, including an applicant who is a minor or an adult tax- dependent person, is indigent if the applicant's income is equal to or below 200 percent of the then-current federal'poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human Services or ifthe person is receiving Temporary Assist- ance for Needy Families-Cash Assistance, poverty-related veterans' bene- fits, or Supplemental Security Income (881). 2. There is a presumption that the applicant is not indigent if the appli- cant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the person's homestead and one vehicle having a net value not exceeding '$5,000. (b) Based upon its review, the clerk shall make one of the following determinations: 1. The applicant is not indigent. 2. The applicant is indigent. (c)1. If the clerk determines that the applicant is indigent, the clerk shall submit the determination to the office of the public defender and immedi- ately file the determination in the case file. 2. If the public defender is unable to provide representation due to a conflict pursuant to s. 27.5303, the public defender shall move the coúrt for withdrawal from representation and appointment of the office of criminal conflict and civil regional pri"atQ counsel. (d) The duty of the clerk in determining whether an applicant is indigent shall be limited to receiving the application and comparing the information provided in the application to the criteria prescribed in this su~section. The determination of indigent status is a ministerial act of the clerk and not a decision based on further investigation or the exercise of independent judg- ment by the clerk. The clerk may contract with third parties to perform functions assigned to the clerk under this section. (e) The applicant may seek review of the clerk's determination that the applicant is not indigent in the court having jurisdiction over the matter at the next scheduled hearing. If the applicant seeks review of the clerk's determination of indigent status, the court shall make a final determination as provided in subsection (4). (3) APPOINTMENT OF COUNSEL ON INTERIM BASIS.-Ifthe clerk of the court has not made a determination of indigent status at the time a person requests appointment of a public defender, the court shall make a preliminary determination of indigent status, pending further review by the clerk, and may, by court order, appoint a public defender, the office of criminal conflict and civil recional counsel. or private counsel on an interim basis. 10 CODING: Words etriakeH are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 (4) REVIEW OF CLERK'S DETERMINATION.- (a) If the clerk of the court determines that the applicant is not indigent, and the applicant seeks review of the clerk's determination, the court shall make a final determination of indigent status by reviewing the information provided in the application against the criteria prescribed in subsection (2) and by considering the following additional factors: 1. Whether the applicant has been released on bail in an amount of $5,000 or more. 2. Whether a bond has been posted, the type of bond, and who paid the bond, 3, Whether paying for private counsel in an amount that exceeds the limitations in s. 27.5304, or other due process services creates a substantial hardship for the applicant or the applicant's family. 4. Any other relevant financial circumstances of the applicant or the applicant's family. (b) Based upon its review, the court shall make one of the following determinations and, if the applicant is indigent, shall appoint a public de- fender. the office of criminal conflict and civil recional counsel, or, if appro- priate, private counsel: 1. The applicant is not indigent. 2. The applicant is indigent. (5) INDIGENT FOR COSTS.-A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court, on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provi- sion of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state. (a) The person must submit to the court: 1. The completed application prescribed in subsection (1). 2. In the case of a person represented by counsel, an affidavit attesting to the estimated amount of attorney's fees and the source of payment for these fees. (b) In reviewing the motion, the court shall consider: 1. Whether the applicant applied for a determination of indigent status under subsection (1) and the outcome of such application. 2. The extent to which the person's income equals or exceeds the income criteria prescribed in subsection (2). 11 CODING: Words ¡;trisksa are deletions; words underlined are additions, Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 3, The additional factors prescribed in subsection (4). 4. Whether the applicant is proceeding pro se. 5, When the applicant retained private counsel. 6. The amount of any attorney's fees and who is paying the fees. (c) Based upon its review, the court shall make one of the following determinations: 1. The applicant is not indigent for costs. 2. The applicant is indigent for costs, (d) The provision of due process services based upon a determination that a person is indigent for costs under this subsection must be effectuated pursuant to a court order, a copy of which the clerk shall provide to counsel representing the person, or to the person directly if he or she is proceeding pro se, for use in requesting payment of due process expenses through the Justice Administrative Commission. Private counsel representing a person declared indigent for costs shall execute the Justice Administrative Com- mission's contract for counsel representing persons determined to be indi- gent for costs. (6) DUTIES OF PARENT OR LEGAL GUARDIAN.-A nonindigent par- ent or legal guardian of an applicant who is a minor or an adult tax- dependent person shall furnish the minor or adult tax-dependent person with the necessary legal services and costs incident to a delinquency pro- ceeding or, upon transfer of such person for criminal prosecution as an adult pursuant to chapter 985, a criminal prosecution in which the person has a right to legal counsel under the Constitution of the United States or the Constitution of the State of Florida. The failure ofa parent or legal guardian to furnish legal services and costs under this section does not bar the ap- pointment oflegal counsel pursuant to this section, s. 27.40, or s. 27.5303. When the public defender, the office of criminal conflict and civil regional counsel. a private court-appointed conflict counsel, or a private attorney is appointed to represent a minor or an adult tax-dependent person in any proéeeding in circuit court or in a criminal proceeding in any other court, the parents or the legal guardian shall be liable for payment ofthe fees, charges, and costs of the representation even if the person is a minor being tried as an adult. Liability for the fees, charges, and costs of the representation shall be imposed in the form of a lien against the property of the nonindigent parents or legal guardian of the minor or adult tax-dependent person. The lien is enforceable as provided in s. 27.561 or s. 938.29. (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMA- TION,- (a) If the court learns of discrepancies between the application or motion and the actual financial status of the person found to be indigent or indigent for costs, the court shall determine whether the public defender. office of criminal conflict and civil regional counsel. or private attorney shall con- tinue representation or whether the authorization for any other due process 12 CODING: Words EtriskeR are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 services previously authorized shall be revoked. The person may be heard regarding the information learned by the court. If the court, based on the information, determines that the person is not indigent or indigent for costs, the court shall order the public defender. office of criminal conflict and dvil regional counsel. or private attorney to discontinue representation and re- voke the provision of any other authorized due process services. (b) If the court has reason to believe that any applicant, through fraud or misrepresentation, was improperly determined to be indigent or indigent for costs, the matter shall be referred to the state attorney. Twenty-five percent of any amount recovered by the state attorney as reasonable value ofthe services rendered, including fees, charges, and costs paid by the state on the person's behalf, shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund within the Justice Ad- ministrative Commission. Seventy-five percent of any amount recovered shall be remitted to the Department of Revenue for deposit into the General Revenue Fund. (c) A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under this section com- mits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Section 7. Effective July 1, 2007, section 27.525, Florida Statutes, is amended to read: 27.525 Indigent Criminal Defense Trust Fund.-The Indigent Criminal Defense Trust Fund is herooy created, to be administered by the Justice Administrative Commission. Funds shall be credited to the trust fund às provided in s. 27.52, to be used for the purposes ofindie-ent criminal defense as apnropriated bv the Legislature to the public defender or the office of criminal conflict and civil regional counsel set forth tae.eill. The Justice Administrative Commission shall account for these funds on a circuit basis, and appropriations from the fund shall be proportional to each circuit's collections. Section 8. Effective July 1, 2007, subsections (4) and (5) are added to section 27.53, Florida Statutes, to read: 27.53 Appointment of assistants and other staff; method of payment.- (4) The five criminal conflict and civil regional counsel mav emplov and establish. in the numbers authorized bv the General Appropriations Act. assistant regional counsel and other staff and personnel in each iudicial distric~rsuant to s. 29.006. who shall be paid from funds appropriated for that p_ose. Notwithstandine- s. 790.01. s. 790.02. or s. 790.25(2)(a). an investie-ator emploved bv an office of criminal conflict and civil regiOnal counsel. while actuallv carrvine- out official duties. is authorized to carrv concealed weapons if the investie-ator complies with s. 790.25(3)(0). How- ever. such investigators are not eligible for membership in the Special Risk Class of the Florida Retirement Svstem. The five regional counsel shall iointlv develop recommended modifications to the classification plan and the salary and benefits plan for the Justice Administrative Commission. The 13 CODING: Words striSk8B are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007·62 recommendations shall be submitted to the commission. the office of the President of the Senate. and the office ofthe Speaker ofthe House of Repre- sentatives bv September 15. 2007. for the regional offices' initial establish- ment and before January 1 or each year thereafter. Such recommendations shall be developed in accordance with policies and procedures of the Execu- tive Office ofthe Governor established in s. 216.181. Each assistant regional counsel appointed bv the regional counsel under this section shall serye at the pleasure of the regional counsel. Each investigator employed by the regional counsel shall have full authority to serve any witness subpoena or court order issued by any court or iudl!"8 in a criminal case in which the regional counsel has been appointed to represent the accused. (5) The appropriations for the offices of criminal conflict and civil re- gional counsel shall be determined by a funding formula and other factors that are considered appropriate in a manner to be determined by this section and the General Appropriations Act. Section 9. Effective July 1, 2007, section 27.5301, Florida Statutes, is amended to read: 27.5301 Salaries of public defenders, ;mG. assistant public defenders, criminal conflict and civil regional counseL and assistant regional counsel.- (1) The salaries of public defenders shall be as provided in the General Appropriations Act and shall be paid in equal monthly installments. (2) The salary for each assistant public defender shall be set by the public defender ofthe same judicial circuit in an amount not to exceed 100 percent of that public defender's salary and shall be paid from funds appropriated for that purpose. Assistant public defenders who serve in less than a full- time capacity shall be compensated for services performed in an amount to be in proportion to the salary allowed for full-time services. (3) The salarv of the criminal conflict and civil regional counsel shall be as provided in the General Appropriations Act and shall be paid in equal monthlv installments. (4) The salary for each assistant regional counsel shall be set bv the regional counsel in an amount not to exceed 100 percent of the regional counsel's salarv and shall be paid from funds appropriated for that purnose. Assistant regional counsel who serve in less than a full-time capacitv shall be compensated for services perfonned in an amount that is in proportion to the salarv allowed for full-time services. Section 10. Effective October 1,2007, section 27.5303, Florida Statutes, is amended to read: 27.5303 Public defenders; criminal conflict and civil regional counsel: conflict of interest.- (l)(a) If, at any time during the representation of two or more defend- ants, a public defender determines that the interests of those accused are so adverse or hostile that they cannot all be counseled by the public defender 14 CODING: Words striÐksR are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 or his or her staff without conflict of interest, or that none can be counseled by the public defender or his or her staff because ofa conflict of interest, then the public defender shall file a motion to withdraw and move the court to appoint other counsel. If ret:=¡uo£ted by the JUEtico AdmiIÜ¡¡:r.rati7'8 Commis g~~~~ i:naÞlic sefender shall EuÞmit a CBP}' of the m9tion to the Jugtice ~C~:...;, tra:tiPQ Commi88isR at thg time it i8 filed 'J'ith the S9urt. Tho Justice f::=rati"e Commi¡;£Í9R shall have ¡;taRdiRg ts Gflfloar þgfom Hill Cg:w:1; __ ~-t an;)' motion to ".'ithdra7'! due to a conflict Ilf iRtllrest. The Jm:ticll .,\dminigtFa.w'e CsæffiÍsgion æay sontrast "!ita other FlutHc or priyate en.ti ties or iReH>,;dual£ to GflfleaF EefeTo the C9art for thC3 pUI"flose sf csntestinb any motion ts "!4thtka>v due ts a Qsntlict 9f imered. The court shall review and may inquire or conduct a hearing into the adequacy of the public defend- er's representations regarding a conflict of interest without requiring the disclosure of any confidential communications. The court shall deny the motion to withdraw if the court finds the grounds for withdrawàl are insuffi- cient or the asserted conflict is not prejudicial to the indigent client. If the court grants the motion to withdraw, the court shall appoint one or more attorneys to represent the accused. as provided in s. 27.40. The public de- fender shall submit to the Justice Administrative Commission a copv of the order 2Tanting the motion to withdraw within 30 days after the motion is 2Tanted. The commission shall report Quarterly to the Governor, the Presi- dent of the Senate. and the Speaker of the House of Representatives on the number of orders 2Tanting motions to withdraw for each circuit. (t) If. at any time durine the representation of two or more persons in a criminal or civil proceeding. a criminal conflict and civil regional counsel determines that the interests of those clients are so adverse or hostile that thev cannot all be counseled by the regional counselor his or her staff without conflict of interest. or that none can be counseled bv the regional counselor his or her staff because ora conflict of interest. the regÍonal counsel shall file a motion to withdraw and move the court to appoint other counsel. If requested bv the Justice Administrative Commission. the re- gional counsel shall submit a COpy of the motion to the Justice Administra- tive Commission at the time it is filed with the court. The court shall review and mav inQuire or conduct a hearing into the adeQuacy of the regional counsel's representations regarding a conflict of interest without requiring the disclosure of any confidential communications. The éourt shall denv the motion to withdraw lithe court finds the 2Tounds for withdrawal are insuffi- cient or the asserted conflict is not preiudicial to the client. If the court 2Tants the motion to withdraw. the court shall appoint one or more private attornevs to represent the person as provided in s. 27.40. The clerk of court shall inform the regional office and the commission when the court appoints private counsel. f£2W Upon its own motion, the court shall appoint such other counsel when the facts developed upon the face of the record and court files in the case disclose a conflict of interest. The clerk ~ shall advise the appropri- ate public defender or criminal conflict and civil regional counsel and ølerk gf ¡;eurt, in writing, with an electronic a copy to the Justice Administrative Commission, if ~s requ88tod Þy the Judice ^ Qm:ini~trati'·Q CgmmissisB, when the court makes æalr.ing the motion and appoints app9inting one or 15 CODING: Words striekllB. are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007·62 more attorneys tg reprosent the assbisgd. The court shall specify the basis for the conflict. (d)(.Gf In no case shall the court approve a withdrawal by the public defender or criminal conflict and civil regional counsel based solely upon inadequacy of funding or excess workload of the public defender or regional counsel. lli+à+ In determining whether or not there is a conflict of interest, the public defender or regional counsel shall apply the standards contained in the Uniform Standards for Use in Conflict ofInterest Cases found in appen- dix C to the Final Report of the Article V Indigent Services Advisory Board dated January 6, 2004. Before a motion to withdraw is filed under this section. the public defender or regional counsel serving- the circuit, or his or her designee. must: 1. Determine if there is a viable alternative to withdrawal from represen- tationwhich would remedv the conflict of interest and. if its eXists. imple- ment that alternative: and 2. Approve in writing the filing of the motion to withdraw. (2) The court shall appoint conflict counsel pursuant to s. 27.40. first appointing the office of criminal conflict and civil regional counsel and. if the office is found to have a conflict. appointing orivate counsel. The appointed private attorney may not be affiliated with the public defender~ '*' any assistant public defender. the regional counsel. or anv assistant regional counsel in his or her official capacity or any other private attorney appointed to represent a codefendant. The public defender or regional counsel may not participate in case-related decisions, performance evaluations, or expense determinations in conflict cases. (3) Private court-appointed counsel shall be compensated as provided in s. 27.5304. (4)(a) If a defendant is convicted and the death sentence is imposed, the appointed attorney shall continue representation through appeal to the Su- preme Court. The attorney shall be compensated as provided in s. 27.5304. If the attorney first appointed is unable to handle the appeal, the court shall appoint another attorney and that attorney shall be compensated as pro- vided in s. 27.5304. (b) The public defender or an attorney appointed pursuant to this section may be appointed by the court rendering the judgment imposing"the death penalty to represent an indigent defendant who has applied for executive clemency as relief from the execution of the judgment imposing the death penalty. (c) When the appointed attorney in a capital case has completed the duties imposed by this section, the attorney shall file a written report in the trial court stating the duties performed by the attorney and apply for dis- charge. 16 CODING: Words stricken are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 Section 11. Section 27.5304, Florida Statutes, is amended to read: 27.5304 Private court-appointed counsel; compensation.- (1) Private court-appointed counsel shall be compensated by the Justice Administrative Commission as provided in all aml3Ullt not to exceed. the fee limit£ e£tablÜ:hed in this section and the General Appropriations Act. The flat fees prescribed in this section are limitations on compensation. The specific flat fee amounts for compensation shall be established annuallv in the General Appropriations Act. The attorney also shall be reimbursed for reasonable and necessary expenses in accordance with s. 29.007. If the attorney is representing a defendant charged with more than one offense in the same case, the attorney shall be compensàted at the rate provided for the most serious offense for which he or she represented the defendant. This section does not allow stacking of the fee limits established by this section. PriFate C9Urt àPlwiBted. SIlURsel prgF;j,âiag rllpreseRtatig:a 1"uu;lQr an alterna tivo Hl.el'lel Mall enter inte a wùform celltraet ',Úth the Justice ^~iÌiÐiRi£tra tiye C9mmissi0B aaB shall nEe tag Ju£tice Ll.dmj,¡::¡i£trati."e Commi£f:ien's =~~ j3;:c:-ares alld. f~rmEJ in £UPIlllrt e~billillb fer attemey'c Wll£, costs, _~ ~~..mt~- 0 Fø;ase¡;. FaIlure ts cemflly "nth the ternIS of thg ceRtrast for £er"ices may result ia te=inatieR ef the coBtrad (2) The Justice Administrative Commission shall review an intended billing by private court-appointed counsel for attorney's fees based on a flat fee per case for completeness and compliance with contractual and, statu- tory, unl'l cirmiát ".rtigle 'iT indigeRt servÍCe£ cm:amittee requirements. The commission may approve the intended bill for a flat fee per case for payment without approval by the court lithe intended billing is correct. An intended billinlZ that seeks comnensation for anv amount exceeding the flat fee estab- lished for a particular tvoe of representation. as prescribed in the General A:ro~riations Act. shall comnly with subsections (11) and (12). Fer all ot ~r' tonàod bi~g¡;, prior ts filiRg a motioB fer an order aflprs"-ÎRg ¡lay ment sf attOrBllY'S fegs, \lods, sr r91ated ßX¡lOB.se£, the prÎuate court ~~~à ~~¡;ol ~all l'lelÌ':or a COFY of the iRtended bil~Rg, togethor n:~th -'-fl-~~g affida>"lts a:aà all. sther RllceSSar)' d9cumeRtatlOIl., te the JUO:tUlll ~~iEa~;~ Co:mmissio~. Tho Jllstise l~stra,:;Ì;1,'e Commission shall _~',n .-----lnJling!;;, affida'm, and de\l1lmeRtatiQR fgr C9:m:flletg;aess aRd com ~~~ ~~ith cowastual and etatl34:sry req,uiremeRt¡;. !ftho Justice ^ dminiEJ t~"':"___llmmission object!;; t9 any j30rti9R of tho Frsp9seà biJä:ag, thg objec tion and rBaSllREJ therefer ¡;hall be commllmcatod to the FIT'ate C(mrt ;;pp9i;t~ ~-;Bel. The FIT'ate G9urt aflpei:ated. cllU1l£el ma:;' thereafter file his er hor m9tioR flU 9rBllr apFrevÍRg FaymoRt of a.1;:terney's foes, Ø0fJts, or related OXflODses tegether ,.~th syppgrtmg affida"its and alllltRsr nocessary ~~=t:. The. metioR must sp~c~ v'heth~r ~he Justice .^~EJtra --'0 ~_~____SB Ob]llst!;; ts any Fertlon of the hiJh:ag llr the s1"lffimeIl.\lY ef to£=e=~ and. sh~ attach the ]1"l¡;tice Ad:mini¡;traticve Commission's ...et --8-~-ltS ObJ8CtIOB The attorney shall h3.>:e the ¡;¡urGeR te Frsue tho :t=-;rt t~ atternBY'E fBeE, ssErt:E, or related. g;x:pBRses; ~^. COF;\' of the -0 ._~d attashmeBtE shall he se1",gd on tee lusÍ!GO \dmInu:traÍ!vo Com :fi ~ l=st 5 ¡JUsi~e~EJ days prier to tho ~atø of a hearing. The Justice ~~_._ 8--a-e CllmmlSSHll:l shall ha>'e .:tand.mg te 3.pp9ar bgfgrs tho Cllurt t~ ~~t~EJt any metien f.gr orGer afl:!*,Qving pa.yme:at ef attQmoy's reg.:, CgstEJ, 17 CODING: Words stri'òkeR are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 or rslatod sxpenses and IDa}' parlÜ:ipate in a lHlaring 9n the motion by use ef teloflà9Bie ef ether selllillunication equipment unless orderod etherw1sG. The JUEtiCS Administrati'1Ø Cemmi£8ieB ma~' eeRtraet ":1m other pHblic or ¡:¡ri"ato entities er inm,;;¡!J:a:Jds to appear befere the court for tlHl pill."¡:¡e£e sf contesting any møtien for erd8r aflflrs.''Íng flll:¡'llleBt gf att9rBey'g feeE, costs, ef related Qx:¡leBSef1. The faet that the JYEtic;e .\dminiEtrati'ì"G CemmiO:Eien has not objected to any portion 9f the billiag 9r t9 the ndIieieIlcy of the deeum.EHÜatiell is Ret biBdmg en tho c;eurt. ill The court reWns primary authority and responsibility for determin- ing the reasonableness of all billings for attomey's fees, costs, and related expenses, subject to statutory limitations. Private court-appointed counsel is entitled to compensation upon final disposition of a case, excopt as pro viàed iR f1YBo:eetiens (7), (In, a:ad (10). (4) The attomev shall submit a bill for attomev's fees. costs. and related expenses within 90 dayS after the disposition of the case at the lower court level. notwithstanding anv appeals. The Justice Administrative Commis- sion shall provide by contract with the attomey for irIlposition of a penalty of 15 percent of the allowable attomev's fees. costs. and related expenses for a bill that is submitted more than 90 days after the disposition oithe case at the lower court level. notwithstandine- any appeals. Eewro final mspesi ' tion Qf a cass, a pri"ate eelR't aflpeinted S911BEel m.ay :!ile a metieR f9r fee£, costs, and related E1XfloBses fer .ser1'i¡:eo: sempleteà a.p tI¡ the ¡late 9f the lBeti91l in any ease 9r matter in which legal ser1'Í¡:es have bOOR prG'qd(Jd by the attElrney fur mere maR 1 y.ear. The ameuBt apprQved by thg eElurt may not exceed 80 pe:rcoRt of the :fueo: earned, el:" seo:tll and. related eXflea.seo: iBGUITed, te date, 9r an ameym pl'eporti9nate t9 the maximum feeg permit teà uad.er this seeti91l Ìlalled eR legal ser1Qces pI"Q.'lÍàed t9 date, whichevor ¡sIess. The C9urt may gram the metieR if c;e1mo:el shems that faihne tEl g:raflt the lBQti91l WQu.ld wgrk a flarticular hardship upeR S9u.nsel. ~ The compensation for representation in a criminal proceeding shall not exceed the following: (a)l. For misdemeanors and juveniles represented at the trial level: $1,000. 2. For noncapital, nonlife felonies represented at the trial level: $2,500. 3. For life felonies represented at the trial level: $3,000. 4. For capital cases represented at the trial level: $15.000 $3,500. For purposes of this subparagraph. a "capital case" is any offense for which the potential sentence is death and the state has not waived seeking the death penalty. 5. For representation on appeal: $2,000. (b) If a death sentence is imposed and affirmed on appeal to the Supreme Court, the appointed attomey shall be allowed compensation, not to exceed $1,000, for attorney's fees and costs incurred in representing the defendant as to an application for executive clemency, with compensation to be paid 18 CODING: Words striskeB are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007·62 out of general revenue from funds budgeted to the Department of Correc- tions. (1) Ey J anuarJ 1 of each j'Bar, the ArticlQ 17 IRQi¡;eRt :iìer·ic9s II dviEor~' Board shaÐ rB~gmm9nd to the Legislatare an:;,' adjuEtme:nÜ: tB the £gmpen catign proYisioBS gf tæc Eoction. ili2~ For compensation for representation pursuant to a court appoint- ment in a proceeding under chapter 39: (a) At the trial level com ensation for re resentation for de endenc roceedin s shall not exceed 1 000 for the first ear followin the date of appointment and shall not exceed $200 each year thereafter. Compensation shall be paid based upon representation of a parent irrespective of the number of case numbers that may be assigned or the number of children involved. including any children born during the pendency ofthe nroceeding. Anv a1;>neal. except for an anpeal from an adiudication of dependency. shall be completed by the trial attorney and is considered compensated by the flat fee for dependency proceedings. L Counsel may bill the flat fee not exceeding $1.000 following disposition or upon dismissal of the petition. 2. Counsel may bill the annual flat fee not exceeding $200 following the first iudicial review in the second vear following the date of appointment and eacb vear thereafter as long as the case remains under protective sunervi- sion, ' 3. If the court grants a motion to reactivate protective supervision. the attorney shall receive the annual flat fee not exceedine: $200 following the first iudicial review and UP to an additional $200 each vear thereafter. 4. If. during the course of dependency proceedings. a proceeding to termi- nate parental rights is initiated. compensation shall be as set forth in para- graph (b). If counsel handling the deuendencv proceeding is not authorized to handle proceedings to terminate parental rights. the counsel must with- draw and new counsel must be appointed. b At the trial level com ensation for re resentation in termination of ~arental ri hts roceedin s shall not exceed 1 000 for the first ear follow- ing the date of appointment and shall not exceed $200 each year thereafter, Compensation shall be paid based upon representation of a parent irrespec- tive of the number of case numbers that may be assigned or the number of children involved. including any children born during the pendencv of the proceeding. Anv appeal. except for an anpeal from an order granting or denying termination of parental rights. shall be completed bv trial counsel and is considered comDensated bv the flat fee for termination of parental rig'hts proceedings. If the individual has dependency proceedings ongoin¡z as to other children. those proceedings are considered part of the termination of parental rights proceeding'S as long as that termination of parental rig'hts proceeding is oniwing. 1. Counsel may bill the flat fee not exceedimr $1.000 30 days after rendi- tion of the final order. Each request for payment submitted to the Justice 19 'CODING: Words strisken are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 Administrative Commission must include the trial counsel's certification that: a. Counsel discussed grounds for appeal with the parent or that counsel attempted and was unable to contact the parent; and b. No appeal will be filed or that a notice of appeal and a motion for appointment of appellate counsel. containim~ the sÌlmature of the parent. have been filed. 2. Counsel mavbill the annual flat fee not exceeding' $200 following' the first iudicial review in the second year after the date of appointment and each vear thereafter as lone: as the termination of parental rie:hts proceed- ing'S are still one:oine:. 1. Counsel may bill a flat fee not exceeding' $750 upon filine: the initial brief or the crantine: of a motion to withdraw. 2. If a brief is filed. counsel mav bill an additional flat fee not exceeding $250 upon rendition of the mandate. (d) For an appeal from an adiudication of termination of parental rie:hts. compensation may not exceed $2.000. 1. Counsel may bill a flat fee not exceedine: $1.000 upon filine: the initial brief or the crantÍng' of a motion to withdraw. 2. If a brief is filed. counsel may bill an additional flat fee not exceedin2" $1.000 upon rendition of the mandate. Ifø9l111sel is emitled to receivo cem pene:atioR fGr r-9presentatioa pyrsuaat to cemi appeiRtmea-t in a termina tioa of parontal rights proøoedill.g \Huler chapter 39, mach øÐmFenÐatien shallll.et ÐKseeEl $l,ggg at the trialleyel aad $2,5QQ at the appollato 10'.'01. ruw Counsel entitled to receive compensation from the state for repre- sentation pursuant to court appointment in a proceeding under chapter 384. chapter 390. m: chapter 392. chapter 393. chapter 394. chapter 397. chapter 415, chapter 743. chapter 744. or chapter 984 shall receive reascmablo com- pensation not to exceed the limits prescribed in the General Appropriations Act as th'l:od by the searl making tho appointment. .cID.~ A private attorney appointed in lieu of the public defender or the criminal conflict and civil recional counsel to represent an indigent defend- ant may not reassign or subcontract the case to another attorney or allow another attorney to appear at a critical stage of a case who is not on the registry developed under s. 27.40. (7) Private court appointod CI;)1ffiSel re¡lreseatiRg a fla~oFlt ia a dopen dgn~y sase that is open may sybmit a rsquost [.or fla~'Eaent te the JYÐtiSll Adminictrative Cemmission at tAG føllÐ':.'Íll.g ill.ter-:al.s: 20 CODING: Words strisksB. are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 (a) TTJ'l9n gntry of aR w-àer Qf diEpoEiti9n a£ tQ the pareBt );¡eiBg nJprg g9BÜJd. (b) L'FQB £Qndll.£ÍQB of a 12 !BoRth permaBen£y r9'!iew. (c) FellEI','.'"ing a judisial re.yÌ(w.'" hearing. In no ease, h8'",,0"or, ma}' s91ll1Ðel Bubmit reqy.eÐtc under this sUBÐestiaB æaro than ones For €uæ-tQr, uBloss the saud finds extragrdiBary GÍrcum Btancos jmitH?,'Ìng !Bero fre'lUeBt £11bmiB£ioR gf FaymeBt requelsts. ®~ Private court-appointed counsel representing an individual in an appeal to a district court of appeal or the Supreme Court may submit a request for payment to the Justice Administrative Commission at the follow- ing intervals: (a) Upon the filing of an appellate brief, including, but not limited to, a reply brief. (b) When the opinion of the appellate court is finalized. (10)~, Private court-appointed counsel may not bill for preparation of invoices ml:lefR8r er Bot thel sase is Fa-id liB the basig lIf aB hllurl3' rate w- by tla,t fge. (10) The Jugtice ådmiæstratÌ-"e ClIIIJmissigIÌ. shall denelgp a Eshedlale to prg'rids partial Fa:.<meBt of crimiBal atterney fees fgr sages that are not regelned v,ithiB 6 meRta£. Tho gshedule !B\Wt previde that the agg:¡:egate pa:J<msnts ghall BQt exesed límit£ establÜ;hed by lacv' f.wj partial paYHHmt made pursu::rnt te thig EJ~seetion shall Bet el¡eeed tho actaal yalys ef £er vices pre',qdeà te date. ARy partial payment shall 1313 prsp9rtionats to fuel yal1,;le ef gervi~BS prs.'qàeQ llaEsd en pa:J<mQBt rateE iBcluded in ths eentra~t, not tø exceed aB~' limit pr.gYided lay la"-,. (11) It is the intent of the Lecislature that the flat fees prescribed under this section and the General Appropriations Act comprise the full and com- plete compensation for private court-appointed counse1. It is further the intent of the Lecislature that the fees in this section are prescribed for the purpose of providine: counsel with notice of the limit on the amount of compensation for representation in particular proceedine:s. (a) If court-appointed counsel moves to withdraw prior to the full per- formance of his or her duties throue:h the completion of the case. the court shan presume that the attorney is not entitled to the pavrnent ofthe full flat fee established under this section and the General Appropriations Act. (b~ If court-appointed counsel is anowed to withdraw from representation prior to the full performance of his or her duties throue:h the completion of the case and the court appoints a subsequent attornev. the total compensa- tion for the initial and any and all subsequent attorneys may not exceed the flat fee established under this section and the General Appropriations Act. except as provided in subsection (12). 21 CODING: Words StrÍCkllR are delstions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 This subsection constitutes notice to any subsequently appointed attorney that he or she will not be compensated the full flat fee. (12) The Legislature recornizes that on rare occasions an attorney may receive a case that requires ciI.-traordinary and unusual effort. (a) If counsel seeks compensation that exceeds the limits prescribed under this section and the General Appropriations Act. he or she must file a motion with the chiefiudg-e for an order approving- uavment of attorney's fees in excess of these limits. 1. Prior to filing- the motion. the counsel shall deliver a copy of the in- tended billing. tog-ether with supporting- affidavits and all other necessary documentation. to the Justice Administrative Commission. 2. The Justice Administrative Commission shall review the billing-so affi- davit. and documentation for completeness and compliance with contractual and statutory requirements. If the Justice Administrative Commission ob- iects to any portion of the proposed billing-. the obiection and reasons there- for shall be communicated in writing- to the private court-appointed counsel. The counsel may thereafter file his or her motion. which must specify whether the commission obiects to any portion of the billing- or the suffi- ciency of documentation. and shall attach the commission's letter stating its obiection. (b) Following receipt of the motion to exceed the fee limits. the chiefiudg-e or a desÌlmee shall hold an evidentiary hearing-. 1. At the hearing-. the attorney seeking- compensation must prove by competent and substantial evidence that the case required extraordinary and unusual efforts. The chiefiudg-e or designee shall consider criteria such as the number of witnesses. the cOÌllplexity of the factuãl and legal issues. and the len!rth of trial. The fact that a trial was conducted in a case does not. bv itself. constitute competent substantial evidence of an extraordinary and unusual effort. In a criminal case. relief under this section may not be granted if the number of work hours does not exceed 75 or the number of the state's witnesses deposed does not exceed 20. 2. The chiefiudge or desirnee shall enter a written order detailing his or her finding-s and identifving- the extraordinary nature of the time and efforts of the attorney in the case which warrant exceeding- the flat fee established bv this section and the General Aupropriations Act. (c) A COpy of the motion and attachments shall be served on the Justice Administrative Comroissionat least 5 business days prior to the date of a hearing-. The Justice Administrative Commission shall have standing to appear before the court. includimr at the hearing- under paragraph (b)' to contest any motion for an order approving pavment of attornev's fees. costs. or related exPenses and may participate in a heariilg on the motion by use of telephonic or other communication equipment unless ordered otherwise. The Justice Administrative Commission may contract with other public or urivate entities or individuals to aupeST before the court for the purpose of contesting- any motion for an order aporovin¡r uavrnent of attorney's fees. 22 CODING: Words striGksa are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 costs, or related expenses. The fact that the Justice Administrative Commis- sion has not obiected to any portion of the billinlZ or to the sufficiency ofthe documentation is not bindinlZ on the court. (d) If the chiefiudg-e or desÜmee finds that counsel has proved by compe· tent and substantial evidence that the case required extraordinary and unusual efforts, the chief iudge or desig:nee shall order the compensation to be paid to the attorney at a percentag-e above the flat fee rate. depending- on the extent ofthe unusual and extraordinary effort required. The percentag-e shall be only the rate necessary to ensure that the fees paid are not confisca- torY under common law. The percentage may not exceed 200 percent of the established flat fee. absent a specific finding- that 200 percent of the flat fee in the case would be confiscatorY. If the chief iudlZe or desig:nee determines that 200 percent of the flat fee would be confiscatory. he or she shall order the amount of compensation using- an hourly rate not to 'exceed $75 per hour for a noncapital case and $100 per hour for a capital case. However. the compensation calculated bv using the hourly rate shall be only that amount necessarY to ensure that the total fees paid are not confiscatory. (e) Any order g-ranting relief under this subsection must be attached to the final request for a payment submitted to the Justice Administrative Commission. (fl The Justice Administrative Commission shall provide to the Office of the State Courts Administrator data concerning the number of cases ap- proved for compensation in excess of the limitation and the amount of these awards bv circuit and by iudge. The Office ofthe State Courts Administrator shall report the data Quarterly to the President of the Senate. the Sneaker ofthe House of Representatives , the Chief Justice of the Supreme Court. and the chief iudge of each circuit. Section 12. Effective July 1, 2007, section 27.54, Florida Statutes, is amended to read: 27.54 Limitation on payment of expenditures fQ£ :¡melia àefønder'Ð ØfBl'l8 other than by the state.- (1) All payments for the salary of the public defender and the criminal conflict and civil regional counsel and for the necessary expenses of office, including salaries of assistants and staff, shall be considered as being for a valid public purpose. Travel expenses shall be paid in accordance with the provisions of s. 112.061. (2) A county or municipality may contract with, or appropriate or contrib- ute funds to, the operation of the offices of the various public defenders and regional counsel as provided in this subsection. A public defender or regional counsel defending violations of special laws or county or municipal ordi- nances punishable by incarceration and not ancillary to a state charge shall contract with counties and municipalities to recover the full cost of services rendered on an hourly basis or reimburse the state for the full cost of assigning one or more full-time equivalent attorney positions to work on behalf of the county or municipality. Notwithstanding any other provision oflaw, in the case of a county with a population of less than 75,000, the 23 CODING: Words etrickell are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 public defender or recional counsel shall contract for full reimbursement, or for reimbursement as the parties otherwise agree. In local ordinance viola- tion cases, the county or municipality shall pay for due process services that are approved by the court, including deposition costs, deposition transcript costs, investigative costs, witness fees, expert witness costs, and interpreter costs, The person charged with the violation shall be assessed a fee for the services of a public defender or recional counsel and other costs and fees paid by the county or municipality, which assessed fee may be reduced to a lien, in all instances in which the person enters a plea of guilty or no contest or is found to be in violation or guilty of any count or lesser included offense of the charge or companion case charges, regardless of adjudication. The court shall determine the amount of the obligation. The county or municipal- ity may recover assessed fees through collections court or as otherwise permitted by law, and any fees recovered pursuant to this section shall be forwarded to the applicable county or municipality as reimbursement. (a) A contract for reimbursement on an hourly basis shall require a county or municipality to reimburse the public defender or recional counsel for services rendered at a rate of $50 per hour. If an hourly rate is specified in the General Appropriations Act, that rate shall control. (b) A contract for assigning one or more full-time equivalent attorney positions to perform work on behalf of the county or municipality shall assign one or more full-time equivalent positions based on estimates by the public defender or regional counsel of the number of hours required to handle the projected workload. The full cost of each full-time equivalent attorney position on an annual basis shall be $50, or the amount specified in the General Appropriations Act, multiplied by the legislative budget request standard for available work hours for one full-time equivalent attor- ney position, or, in the absence of that standard, 1,854 hours. The contract may provide for funding full-time equivalent positions in one-quarter incre- ments. (c) Any payments received pursuant to this subsection shall be deposited into the Grants and Donations Trust Fund within the Justice Administra- tive Commission for appropriation by the Legislature. (3) No public defender, lH' assistant public defender. regional counsel. or assistant regional counsel shall receive from any county or municipality any supplemental salary, except as provided in this section. (4) Unless expressly authorized by law or in the General Appropriations Act, public defenders and regional counsel are prohibited from spending state-appropriated funds on county funding obligations under s. 14, Art. V of the State Constitution beginning January 1, 2005. This includes expendi- tures on communications services and facilities as defined in s. 29.008. This does not prohibit a public defender from spending funds fOr these purposes in exceptional circumstances when necessary to maintain operational conti- nuity in the form of a short-term advance pending reimbursement from the county. If a public defender or regional counsel provides short-term advance funding for a county responsibility as authorized by this subsection, the public defender or regional counsel shall request full reimburseml'lnt from 24 CODING: Words striøken are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 the board of county commissioners prior to making the expenditure or at the next meeting of the board of county commissioners after the expenditure is made. The total of all short-term advances authorized by this subsection shall not exceed 2 percent uf the public defender's or regional counsel's approved operating budget in any given year. No short-term advances authorized by this subsection shall be permitted until all reimbursements arising from advance funding in the prior state fiscal year have been re- ceived by the public defender or regional counsel. All reimbursement pay- ments received by the public defender or regional counsel shall be deposited into the General Revenue Fund. Notwithstanding the provisions of this subsection, the public defender or regional counsel may expend funds for the purchase of computer systems, including associated hardware and software, and for personnel related to this function. Section 13. Effective October 1, 2007, section 27.59, Florida Statutes, is amended to read: 27.59 Access to prisoners.-The public defenders, aaà assistant public defenders. criminal conflict and civil regional counseL and assistant regional counsel shall be empowered to inquire of all persons who are incarcerated in lieu of bond and to tender them advice and counsel at any time, but the provisions of this section shall not apply with respect to persons who have engaged private counsel. Section 14. Effective October 1, 2007, section 28.24, Florida Statutes, is amended to read: 28.24 Service charges by clerk of the circuit court.-:-The clerk of the circuit court shall charge for services rendered by the clerk's office in record- ing documents and instruments and in performing the duties enumerated in amounts not to exce~d those specified in this section. Notwithstanding any other provision of this section, the clerk ofthe circuit court shall provide without charge to the state attorney, public defender, guardian ad litem, public guardian, attorney ad litem, criminal conflict and civil regional coun- sel. and private court-appointed counsel paid by the state, and to the author- ized staff acting on behalf of each, access to and a copy of any public record, ifthe requesting party is entitled by law to view the exempt or confidential record, as maintained by and in the custody of the clerk of the circuit court as provided in general law and the Florida Rules of Judicial Administration. The clerk of the circuit court may provide the requested public record in an electronic format in lieu of a paper format when capable of being accessed by the requesting entity. Charges (1) For examining, comparing, correcting, verifYing, and certifyingtran- scripts of record in appellate proceedings, prepared by attorney for appellant or someone else other than clerk per page. . . . . . . . . . . . . . . . . . .. 4.50 (2) For preparing, numbering, and indexing an original record of appel- late proceedings, per instrument . . , . . . . . . . . . . . . . . . . . . . . . . .. 3.00 (3) For certifying copies of any instrument in the public rec- ords .,.............................................. 1.50 25 CODING: Words striskea are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 (4) For verifying any instrument presented for certification prepared by someone other than clerk, per page. . . . . . . . , . . . . . . . . . . . . . . .. 3,00 (5)(a) For making copies by photographic process of any instrument in the public records consisting of pages of not more than 14 inches by 8'12 inches, per page .........................,............. 1.00 (b) For making copies by photographic process of any instrument in the public records of more than 14 inches by 8'12 inches, per page ..... 5.00 (6) For making microfilm copies of any public records: (a) 16 mm 100' microfilm roll. . . . . . . . . . . . . . . . . . . . . . . . .. 37.50 (b) 35 mm 100' microfilm roll . . . . . . . . . . . . . . . . . . . . . . . . .. 52.50 (c) Microfiche, per fiche ............................... 3.00 (7) For copying any instrument in the public records by other than photo- graphic process, per page ...'......................."... 6.00 (8) For writing any paper other than herein specifically mentioned, same as for copying, including signing and sealing. . . . . . . . . , . . . . . . .. 6.00 (9) For indexing each entry not recorded. . . . . . . . . . . . . . . . . .. 1.00 (10) For receiving money into the registry of court: (a)1. First $500, percent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Each subsequent $100, percent. . . . . . . . . . . . . . . . . . . . . . . .. 1.5 (b) Eminent domain actions, per deposit. . . .. . . . . . . . . . . . . $150.00 (11) For examining, certifying, and recording plats and for recording condominium exhibits larger than 14 inches by 8% inches: (a) First page . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . .. 30.00 (b) Each additional page. . . . . . . . . . . . . . . . . . . . . , . . . . . . .. 15.00 (12) For recording, indexing, and filing any instrument not more than 14 inches by 8% inches, including required notice to property appraiser where applicable: (a) First page or fraction thereof. . . . . . . . . . , . . . . . . . . . . . . " 5.00 (b) Each additional page or fraction thereof ..... . . , . . . . . . .. 4.00 (c) For indexing instruments recorded in the official records which con- tain more than four names, per additional name. . . . . . . . . . . . . " 1.00 (d) An additional service charge shall be paid to the clerk of the circuit court to be deposited in the Public Records Modernization Trust Fund for each instrument listed in s. 28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records: 26 CODING: Words striCkOR are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 1. First page. . . , . . . . . . . . . . . . , . . . . . . , . . . , , . . . . . . . , , .. 1.00 2. Each additional page ........ , . . . . . . . . . , . . . . . . . . . . .. 0.50 Said fund shaH be held in trust by the clerk and used exclusively for equip- ment and maintenance of equipment, personnel training, and technical as- sistance in modernizing the public records system of the office. In a county where the duty of maintaining official records exists in an office other than the office of the clerk of the circuit court, the clerk of the circuit court is entitled to 25 percent of the moneys deposited into the trust fund for equip- ment, maintenance of equipment, training, and technical assistance in mod- ernizing the system for storing records in the office of the clerk of the circuit court. The fund may not be used for the payment of travel expenses, mem- bership dues, bank charges, staff-recruitment costs, salaries or benefits of employees, construction costs, general operating expenses, or other costs not directly related to obtaining and maintaining equipment for public records systems or for the purchase of furniture or office supplies and equipment not related to the storage of records. On or before December 1, 1995, and on or before December 1 of each year immediately preceding each year during which the trust fund is scheduled for legislative review under s. 19(f)(2), Art. III of the State Constitution, each clerk of the circuit court shall file a report on the Public Records Modernization Trust Fund with the President of the Senate and the Speaker of the House of Representatives. The report must itemize each expenditure made from the trust fund since the last report was filed; each obligation payable from the trust fund on that date; and the percentage of funds expended for each of the following: equipment, mainte- nance of equipment, personnel training, and technical assistance. The re- port must indicate the nature of the system each clerk uses to store, main- tain, and retrieve public records and the degree to which the system has been upgraded since the creation of the trust fund. (e) An additional service charge of $4 per page shall be paid to the clerk of the circuit court for each instrument listed in s. 28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records. From the additional $4 service charge collected: 1. If the counties maintain legal responsibility for the costs of the court- related technology needs as defined in s. 29.008(1)(f)2. and (h), 10 cents shall be distributed to the Florida Association of Court Clerks and Comptroller, Inc., for the cost of development, implementation, operation, and mainte- nance of the clerks' Comprehensive Case Information System, in which system all clerks shall participate on or before January 1, 2006; $1.90 shall be retained by the clerk to be deposited in the Public Records Modernization Trust Fund and used exclusively for funding court-related technology needs of the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall be distributed to the board of county co=issioners to be used exclusively to fund court- related technology, and court technology needs as defined in s. 29.008(1)(02. and (h) for the state trial courts, state attorney, :mG public defender. and criminal conflict and civil regional counsel in that county. If the counties maintain legal responsibility for the costs of the court-related technology needs as defined in s. 29.008(1)(f)2. and (h), notwithstanding any other provision of law, the county is not required to provide additional funding 27 CODING: Words Gtrisken are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 beyond that provided herein for the court-related technology needs of the clerk as defined in s. 29.008(1)(£)2. and (h). All court records and official records are the property of the State of Florida, including any records gener- ated as part of the Comprehensive Case Information System funded pursu- ant to this paragraph and the clerk of court is designated as the custodian of such records, except in a county where the duty of maintaining official records exists in a county office other than the clerk of court or comptroller, such county office is designated the custodian of all official records, and the clerk of court is designated the custodian of all court records. The clerk of court or any entity acting on behalf of the clerk of court, including an association, shall not charge a fee to any agency as defined in s. 119.011, the Legislature, or the State Court System for copies of records generated by the Comprehensive Case Information System or held by the clerk of court or any entity acting on behalf of the clerk of court, including an association. 2. If the state becomes legally responsible for the costs of court-related technology needs as defined in s. 29.008(1)(£)2. an,d (h), whether by operation of general law or by court order, $4 shall be remitted to the Department of Revenue for deposit into the General Revenue Fund. (13) Oath, administering, attesting, and sealing, not otherwise provided for herein ...,.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .. 3.00 (14) For validating certificates, any authorized bonds, each .... 3.00 (15) For preparing affidavit of domicile. . . . . . . . , , . . . . . . . . .. 5.00 (16) For exemplified certificates, including signing and sealing.. 6.00 (17) For authenticated certificates, including signing and seal- ing ...... . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .. 6.00 (18)(a) For issuing and filing a subpoena for a witness, not otherwise provided for herein (includes writing, preparing, signing, and seal- ing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.00 (b) For signing and sealing only . , . . . . . . . . . . . . . . . . . . . . . .. 1.50 (19) For approving bond. . . . . . , . . . . . . . . . . . . . . . . . . . . . , .. 7.50 (20) For searching of records, for each year's search .. . . . . . . .. 1.50 (21) For processing an application for a tax deed sale (includes applica- tion, sale, issuance, and preparation of tax deed, and disbursement of pro- ceeds of sale), other than excess proceeds ................... 60.00 (22) For disbursement of excess proceeds of tax deed sale, first $100 or fraction thereof. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10.00 (23) Upon receipt of an application for a marriage license, for preparing and administering of oath; issuing, sealing, and recording of the marriage license; and providing a certified copy. . . .. . . . . . . . . . . . . . . . .. 30.00 (24) For solemnizing matrimony. . . . . . . . . . . . . . . . . . . . . . .. 30.00 28 CODING: Words stRokeB. are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007 -62 (25) For sealing any court file or expungement of any record .' 37.50 (26)(a) For receiving and disbursing all restitution payments, per pay- ment , . . . . . . . . ' . . . . . . . . . . ' . , . . , . . . - . ' ' - - ' , .. 3,00 (b) For receiving and disbursing all partial payments, other than restitu- tion payments, for which an administrative processing service charge is not imposed pursuant to s. 28.246, per month. . . . . . . . . . . . . . . . . . .. 5.00 (c) For setting up a payment plan, a one-time administrative processing charge in lieu of a per month charge under paragraph (b) . . . . . ., 25.00 (27) Postal charges incurred by the clerk of the circuit court in any mail- ing by certified or registered mail shall be paid by the party at whose instance the mailing is made. (28) For furnishing an electronic copy of information contained in a com- puter database: a fee as provided for in chapter 119. Section 15. Effective October 1, 2007, section 28.345, Florida Statutes, is amended to read: 28.345 Exemption from court-related fees and charges.-Notwithstand- ing any other provision of this chapter or law to the contrary, judges and those court staff acting on behalf of judges, state attorneys, guardians ad litem, public guardians, attorneys ad litem, court-appointed private counsel, criminal conflict and civil regional counsel. and public defenders, acting in their official capacity, and state agencies, are exempt from all court-related fees and charges assessed by the clerks of the circuit courts. Section 16. Effective July 1, 2007, section 29:001, Florida Statutes, is amended to read: 29.001 State courts system elements and definitions.--:- (1) For the purpose of implementing s. 14, Art. V of the State Constitu- tion, the state courts system is defined to include the enumerated elements of the Supreme Court, district courts of appeal, circuit courts, county courts, and certain supports thereto. The offices of public defenders and state attor- neys are defined to include the enumerated elements of the 20 state attor- neys' offices and the enumerated elements of the 20 public defenders' offices and five offices of criminal conflict and civil regional counsel. Court- appointed counsel are defined to include the enumerated elements for coun- sel appointed to ensure due process in criminal and civil proceedings in accordance with state and federal constitutional guarantees. Funding for the state courts system, the state attorneys' offices, the public defenders' offices, the offices of ' criminal conflict and civil regional counsel. and other court-appointed counsel shall be provided from state revenues appropriated by general law. (2) Although a program or function currently may be funded by the state or prescribed or established in general law, this does not designate the program or function as an element of the state courts system, state attor- neys' offices, public defenders' offices, or the offices ofthe circuit and county 29 CODING: Words strislreR are deletions; words underlined are additions. Ch. 2007-62 LA WS OF FLORIDA Ch. 2007-62 court clerks performing court-related functions as described in s. 14, Art. V of the State Constitution. Section 17. Effective July 1,2007, section 29,006, Florida Statutes, is amended to read: 29.006 PyÞli.~ defonder£ aRd Indigent defense costs.-For purposes of implementing s. 14, Art. V of the State Constitution, the elements of the public defenders' offices and criminal conflict and civil recional counsel offices to be provided from state revenues appropriated by general law are as follows: (1) The public defender of each judicial circuit and assistant public de- fenders and other staff as determined by general law. The regional counsel of each iudicial district. the assistant regional counsel. and other staff as A determined bv g-enerallaw. (2) Reasonable court reporting and transcription services necessary to meet constitutional or statutory requirements, including the cost of tran- scribing and copying depositions of witnesses and the cost of foreign lan- guage and sign-language interpreters and translators. (3) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are sUIllmoned on behalf of an indigent defendant, and any other expert wit- nesses required in a court hearing by law or whomever the public defender or regional counsel deems necessary for the performance of his or her duties. (4) Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving an indigent, and mental health profes- sionals appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent. (5) Reasonable transportation services in the performance of constitu- tional and statutory responsibilities. Motor vehicles owned by counties and provided exclusively to public defenders as of July 1, 2003, and any addi- tional vehicles owned by the counties and provided exclusively to public defenders durin.g fiscal year 2003-2004 shall be transferred by title to the state effective July 1, 2004. (6) Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of constitutional and statutory responsibilities. (7) Reasonable library and electronic legal research services, other than a public law library. (8) Reasonable pretrial consultation fees and costs. Section 18. Effective October 1, 2007, section 29,007, F10rida Statutes, is amended to read: 29.007 Court-appointed counsel.-For purposes of implementing s. 14, Art. V of the State Constitution, the elements of court-appointed counsel to be provided froI;ll state revenues appropriated by general law are as follows: 30 CODING: Words EtFÎsksB are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007 -62 (1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot be represented by the public defender or the office of criminal conflict and civil regional counsel undor ss. 27.42 and ~. (2) When the office of criminal conflict and civil regional counsel has a conflict of interest. private attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court- appointed counsel in accordance with state and federal constitutional guar- antees and federal and state statutes. (3) Reasonable court reporting and transcription services necessary to meet constitutional or statutory requirements, including the cost of tran- scribing and copying .depositions of witnesses and the cost of foreign lan- guage and sign-language interpreters and translators. (4) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are summoned on behalf of an indigent, and any other expert witnesses ap- proved by the court. (5) Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving an indigent, mental health profession- als appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent, and any other mental héalth professionals required by law for the full adjudication of any civil case involving an indigent person. (6) Reasonable pretrial consultation fees and costs. (7) Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of constitutional and statutory responsibilities. Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court determines that the litigant is indigent for costs; or when the litigant is acting pro se and the court determines that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in which the court appoints counsel to protect a litigant's due process rights. The Justice Administrative Commission shall approve uniform contract forms for use in processing payments for due process services under this section. In each case in wltich a private attorney represents a person determined by the court to be indigent for costs, the attorney shall execute the commission's contract for private attorneys repre- senting persons determined to be indigent for costs. Section 19. Effective July 1, 2007, subsections (1) and (2) of section 29.008, Florida Statutes, are amended to read: 29.008 County funding of court-related functions.- (1) Counties are required by s. 14, Art. V ofthe State Constitution to fund the cost of communications serlÌces, existing radio systems, existing multi- agency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the circuit and 31 CODING: Words ÐtneksB are deletions; words underlined are additions, Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 county courts, public defenders' offices, state attorneys' offices, guardian ad litem offices, and the offices of the clerks of the circuit and county courts performing court-related functions. For purposes of this section, the term "circuit and county courts" includes gaall iBGlIHl.9 the offices and staffmg of the guardian ad litem programs. and the term "public defenders' offices" includes the ·offices of criminal conflict and civil relZÍonal counsel. The county designated under s. 35.05(1) as the headquarters for each appellate district shall fund these costs for the appellate division ofthe public defender's office in that county. For purposes of implementing these requirements, the term: (a) "Facility" means reasonable and necessary buildings and office space and appurtenant equipment and fumishings, structures, real estate, ease- ments, and related interests in real estate, including, but not limited to, those for the purpose of housing legal materials for use by the general public and personnel, equipment, or functions ofthe circuit or county courts, public defenders' offices, state attorneys' offices, and court-related functions of the office of the clerks of the circuit and county courts and all storage. The term "facility" includes all wiring necessary for court reporting services. The term also includes access to parking for such facilities in connection with such court-related functions that may be available free or from a private provider or a local government for a fee. The office space provided by a county may not be less than the standards for space allotment adopted by the Depart- ment of Management Services, except this requirement applies only to facili- tiéS that are leased, or on which construction commences, after June 30, 2003. County funding must include physical modifications and improve- ments to all facilities as are required for compliance with the Americans with Disabilities Act. Upon mutual agreement of a county and the affected entity in this paragraph, the office space provided by the county may vary from the standards for space allotment adopted by the Department of Man- agement Services. 1. As of July 1, 2005, equipment and furnishings shall be limited to that appropriate and customary for courtrooms, hearing rooms, jury facilities, and other public areas in courthouses and any other facility occupied by the courts, state attomeys, and public defenders, guardians ad litem, and crimi- nal conflict and civil relZÍonal counsel. Court reporting equipment in these areas or facilities is not a responsibility of the county. 2. Equipment and furnishings under this paragraph in existence and owned by counties on July 1, 2005, except for that in the possession of the clerks, for areas other than courtrooms, hearing rooms, jury facilities, and other public areas in courthouses and any other facility occupied by the courts, state attomeys, and public defenders, shall be transferred to the state at no charge. This provision does not apply to any communication services as defined in paragraph (f). (b) "Construction or lease" includes, but is not limited to, all reasonable and necessary costs of the acquisition or lease of facilities for all judicial officers, staff, jurors, volunteers of a tenant agency, and the public for the circuit and county courts, the public defenders' offices, state attomeys' of- fices, and for performing the court-related functions of the offices of the clerks of the circuit and county courts. This includes expenses related to 32 CODING: Words striÐkon are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 financing such facilities and the existing and future cost and bonded indebt- edness associated with placing the facilities in use. (c) "Maintenance" includes, but is not limited to, all reasonable and nec- essary costs of custodial and gToundskeeping services and renovation and reconstruction as needed to accommodate functions for the circuit and county courts, the public defenders' offices, and state attorneys' offices and for performing the court-related functions of the offices of the clerks of the circuit and county court and for maintaining the facilities in a condition appropriate and safe for the use intended. (d) "Utilities" means all electricity services for light, heat, and power; natural or manufactured gas services for light, heat, and power; water and wastewater services and systems, storrnwater or runoff services and sys- tems, sewer services and systems, all costs or fees associated with these services and systems, and any costs or fees associated with the mitigation of environmental impacts directly related to thefacility. (e) "Security" includes but is not limited to, all reasonable and necessary costs of services oflaw enforcement officers or licensed security guards and all electronic, cellular, or digital monitoring and screening devices necessary to ensure the safety and security of all persons visiting or working in a facility; to provide for security of the facility, including protection of property owned by the county or the state; and for security of prisoners brought to any facility. This includes bailiffs while providing courtroom and other se- curity for each judge and other quasi-judicial officers. (f) "Communications services" are defined as any reasonable and neces- sary transmission, emission, and reception of signs, signals, writings, im- ages, and sounds of intelligence of any nature by wire, radio, optical, audio equipment, or other electromagnetic systems and includes all facilities and equipment owned, leased, or used by judges, clerks, public defenders, state attorneys, guardians ad litem. criminal conflict and civil regional counsel. and all staff of the state courts system, state attorneys' offices, public defend- ers' offices, and clerks of the circuit and county courts performing court- related functions. Such system or services shall include, but not be limited to: 1. Telephone system infrastructure, including computer lines, telephone switching equipment, and maintenance, and facsimile equipment, wireless communications, cellular telephones, pagers, and video teleconferencing equipment and line charges. Each county shall continue to provide access to a locàl carrier for local and long distance service and shall pay toll charges for local and long distance service. 2. All computer networks, systems and equipment, including computer hardware and software, modems, printers, wiring, network connections, maintenance, support staff or services including any county-funded support staff located in the offices of the circuit court, county courts, state attorneys, ~ public defenders, guardians ad litem. and criminal conflict and civil regional counsel: training, supplies, and line charges necessary for an inte- grated computer system to support the operations and management of the state courts system, the offices ofthe public defenders, the offices ofthe state 33 CODING: Words CtriskSB are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 attorneys, the guardian ad litem offices. the offices of criminal conflict and civil regional counsel. and the offices of the clerks of the circuit and county courts~ and the capability to connect those entities and reporting data to the state as required for the transmission of revenue, performance accountabil- ity, case management, data collection, budgeting, and auditing purposes. The integrated computer system shall be operational by July 1, 2006, and, at a minimum, permit the exchange of financial, performance accountabil- ity, case management, case disposition, and other data across multiple state and county information systems involving multiple users at both the state level and within each judicial circuit and be able to electronically exchange judicial case background data, sentencing scoresheets, and video evidence information stored in integrated case management systems over secure net- works. Once the integrated system becomes operational, counties may reject requests to purchase communication services included in this subparagraph not in compliance with standards, protocols, or processes adopted by the board established pursuant to s. 29.0086. 3. Courier messenger and subpoena services. 4. Auxiliary aids and services for qualified individuals with a disability which are necessary to ensure access to the courts. Such auxiliary aids and services include, but are not limited to, sign language interpretation services required under the federal Americans with Disabilities Act other than ser- vices r~quired to satisfY due-process requirements and identified as a state funding responsibility pursuant to ss. 29.004, 29.005, 29,006, and 29.007, real-time transcription services for individuals who are hearing impaired, and assistive listening devices and the equipment necessary to implement such accommodations. (g) "Existing radio systems" includes, but is not limited to, law enforce- ment radio systems that are used by the circuit and county courts, the offices of the public defenders, the offices of the state attorneys, and for court- related functions ofthe offices of the clerks of the circuit and county courts. This includes radio systems that were operational or under contract at the time Revision No.7, 1998, to Art. V of the State Constitution was adopted and any enhancements made thereafter, the maintenance of those systems, and the personnel and supplies necessary for operation. (h) "Existing multiagency criminal justice information systems" in- cludes, but is not limited to, those components of the multiagency criminal justice information system as defined in s. 943.045, supporting the offices of the circuit or county courts, the public defenders' offices, the state attor- neys' offices, or those portions of the offices of the clerks of the circuit and county courts performing court-related functions that are used to carry out the court-related activities of those entities. This includes upgrades and maintenance of the current equipment, maintenance and upgrades of sup- porting technology infrastructure and associated staff, and services and expenses to assure continued information sharing and reporting of inform a- tion to the state. The counties shall also provide additional information technology services, hardware, and software as needed for new judges and staff of the state courts system, state attorneys' offices, public defenders' offices, guardian ad litem offices. and the offices of the clerks of the circuit and county courts performing court-related functions. 34 CODING: Words striSkSB are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 (2) Counties shall pay reasonable and necessary salaries, costs, and ex- penses of the state courts system, including associated staff and expenses, to meet local requirements, (a) Local requirements are those specialized programs, nonjudicial staff, and other expenses associated with specialized court programs, specialized prosecution needs, specialized defense needs, or resources required of a local jurisdiction as a result of special factors or circumstances. Local require- ments exist: 1. When imposed pursuant to an express statutory directive, based on such factors as provided in paragraph (b); or 2. When: a. The county has enacted an ordinance, adopted a local program, or funded activities with a financial or operational impact on the circuit or a county within the circuit; or b. Circumstances in a given circuit or county result in or necessitate implementation of specialized programs, the provision of nonjudicial staff and expenses to specialized court programs, special prosecution needs, spe- cialized defense needs, or the commitment of resources to the court's juris- diction. (b) Factors and circumstances resulting in the establishment of a local requirement include, but are not limited to: 1. Geographic factors; 2. Demographic factors; 3. Labor market forces; 4. The number and location of court facilities; or 5. The volume, severity, complexity, or mix of court cases. (c) Local requirements under subparagraph (a)2. must be determined by the following method: 1. The chief judge of the circuit, in conjunction with the state attorney, aaà the public defender. and the criminal conflict and civil regional counsel OIÙy on matters that impact their offices, shall identifY all local require- ments within the circuit or within each county in the circuit and shall identify the reasonable and necessary salaries, costs, and expenses to meet these local requirements. 2. On or before June 1 of each year, the chief judge shall submit to the board of county commissioners a tentative budget request for local require- ments for the ensuing fiscal year. The tentative budget must certifY a listing of all local requirements and the reasonable and necessary salaries, costs, and expenses for each local requirement. The board of county commissioners may, by resolution, require the certification to be submitted earlier. 35 CODING: Words otrieken. are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 3. The board of county commissioners shall thereafter treat the certifica- tion in accordance with the county's budgetary procedures. A board of county commissioners may: a. Determine whether to provide f.mding, and to what extent it will provide funding, for salaries, costs, and expenses under this section; b, Require a county finance officer to conduct a preaudit review of any county funds provided under this section prior to disbursement; c. Require review or audit of funds expended under this section by the appropriate county office; and d. Provide additional financial support for the courts system, state attor- neys, lW public defenders. or mminal conflict and civil regional counsel. (d) Counties may satisfY these requirements by entering into interlocal agreements for the collective funding of these reasonable and necessary salaries, costs, and expenses. Section 20. Effective July 1, 2007, subsections (1), (2), (3), and (5) of section 29.015, Florida Statutes, are amended to read: 29.015 Contingency fund; limitation of authority to transfer funds in contracted due process services appropriation categories.- (1) An appropriation may be provided in the General Appropriations Act in the Justice Administrative Commission to serve as a contingency fund for the purpose of alleviating deficits in contracted due process sei:v:ices appro- priation categories, including private court-appointed counsel appropriation categories, that may occur from time to time due to extraordinary cases e¥eBt& that lead to unexpected expenditures. (2) In the event that a state attorney. lW public defender. or criminal conflict and civil regional counsel incurs a deficit in a contracted due process services appropriation category or conflict counsel category. the following steps shall be taken in order: (a) The state attorney.lW public defender. or relrional counsel shall first attempt to identifY surplus funds from other appropriation categories within his or her office and submit a budget amendment pursuant to chapter 216 to transfer funds from within the office. (b) In the event that the state attorney. lW public defender. or recional counsel is unable to identify surplus funds from within his or her office, he or she shall certify this to the Justice Administrative Commission along with a complete explanation of the circumstances which led to the deficit and steps the office has taken to reduce or alleviate the deficit. The Justice Administrative Commission shall inquire as to whether any other office has surplus funds in ~ts contracted due process services appropriation categories which can be transferred to the office that is experiencing the deficit. If other offices indicate that surplus funds are available within the same budllet entitv appropriatioR sat9g0ry, the Justice Administrative Commission shall 36 CODING: Words Eltrisksl3. are deletions; words underlined are additions. Ch. 2007·62 LAWS OF FLORIDA Ch. 2007-62 transfer the amount needed to fund the deficit and notify the Governor and the chair and vice chair of the Legislative Budget Commission 14 days prior to a transfer pursuant to the notice, review, and objection provisions of s. 216.177. If funds appropriated for this purpose are available in a different budget entity, the Justice Administrative Commission shall request a budget amendment pursuant to chapter 216. (c) If no office indicates that surplus funds are available to alleviate the deficit, the Justice Administrative Commission may request a budget amendment to transfer funds from the contingency fund. Such transfers shall be in accordance with all applicable provisions of chapter 216 and shall be subject to review and approval by the Legislative Budget Commission. The Justice Administrative Commission shall submit the documentation provided by the office explaining the circumstances that led to the deficit and the steps taken by the office and the Justice Administrative Commission to identify surplus funds to the Legislative Budget Commission. (3) In the event that there is a deficit in a statewide contracted due process services appropriation category provided for private court-appointed counsel necessary due to withdrawal of the public defender and criminal conflict and civil regional counsel due to an ethical conflict, the following steps shall be taken in order: (a) The Justice Administrative Commission shall first attempt to identify surplus funds from other contracted due process services appropriation cate- gories within the Justice Administrative Commission and submit a budget amendment pursuant to chapter 216 to transfer funds from within the commission. (b) In the event that the Justice Administrative Commission is unable to identify surplus funds from within the commission, the commission shall inquire of each of the public defenders and regional counsel as to whether any office has surplus funds in its contracted due process services appropria- tions categories which can be transferred. If any public defender or regional counsel office or offices indicate that surplus funds are available, the Justice Administrative Commission shall request a budget amendment to transfer funds from the office or offices to alleviate the deficit upon agreement ofthe contributing office or offices. (c) If no public defender or recional counsel office has surplus funds available to alleviate the deficit, the Justice Administrative Commission may request a budget amendment to transfer funds from the contingency fund, Such transfers shall be in accordance with all applicable provisions of chapter 216 and shall be subject to review and approval by the Legislative Budget Commission. The Justice Administrative Commission shall submit the documentation provided by the office explaining the circumstances that led to the deficit and the steps taken by the Justice Administrative Commis- sion to identify surplus funds to the Legislative Budget Commission. (5) Notwithstanding any provisions in chapter 216 to the contrary, no office shall transfer funds from a contracted due process services appropria- tion category or from a contingency fund category authorized in this section except as specifically authorized in this section. In addition, funds shall not 37 CODING: Words StriCksB are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 be transferred from a state attorney office to alleviate a deficit in a public defender office or an office of criminal conflict and civil regional counsel. and funds shall not be transferred from a public defender office or regional counsel office to alleviate a deficit in a state attorney office. Section 21. Effective October 1, 2007, section 29.018, Florida Statutes, is amended to read: 29.018 Cost sharing of due-process services; legislative intent.-It is the intent of the Legislature to provide state-funded due-process services to the state courts system, state attorneys, public defenders, criminal conflict and civil regional counsel, and private court-appointed counsel in the most cost- effective and efficient manner. The state courts system, state attorneys, public defenders, criminal conflict and civil regional counsel. and the Justice Administrative Commission on behalf of private court-appointed counsel may enter into contractual agreements to share, on a pro rata basis, the costs associated with court reporting services, court interpreter and transla- tion services, court experts, and all other due-process services funded by the state pursuant to this chapter. These costs shall be budgeted within the funds appropriated to each of the affected users of services. . Section 22. Subsection (1) of section 39.815, Florida Statutes, is amended to read: 39.815 Appeal.- (1) Any child, any parent or guardian ad litem of any child, any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Proce- dure. The district court of appeal shall give an appeal from an order termi- nating parental rights priority in docketing and shall render a decision on the appeal as expeditiously as possible. Appointed counsel shall be compen- sated as provided in s. 27.5304(6) £. 27.53Q4(5). . Section 23. Subsections (5) and (6) of section 43.16, Florida Statutes, are amended to read: 43.16 Justice Administrative Commission; membership, powers and du- ties.- (5) The duties of the commission shall include, but not be limited to, the following: (a) The maintenance of a central state office for administrative services and assistance when possible to and on behalf of the state attorneys and public defenders of Florida, the capital collateral regional counsel of Florida, the criminal conflict and civil regional counsel. and the Guardian Ad Litem Program. (b) Each state attorney. aÐ4 public defender. and criminal conflict and civil regional counsel and the Guardian Ad Litem Program shall continue to prepare necessary budgets, vouchers that whffih represent valid claims 38 CODING: Words stri~ken are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 for reimbursement by the state for authorized expenses, and other things incidental to the proper administrative operation of the office, such as reve- nue transmittals to the Chief Financial Officer and automated systems plans, but will forward same to the commission for recording and submission to the proper state officer. However, when requested by a state attorney, GF a public defender. a criminal conflict and civil regional counsel. or the Guardian Ad Litem Program, the commission will either assist in the prepa- ration of budget requests, voucher schedules, and other forms and reports or accomplish the entire project involved. (6) The provisions contained in this section shall be supplemental to those of chapter 27, relating to state attorneys, imd public defenders, crimi- nal conflict and civil regional counseL and capital collateral regional coun- sel; to those of chapter 39, relating to the Guardian Ad Litem Program; or to other laws pertaining hereto. Section 24. Effective OcJob~r 1, 2007, section 57.082,Florida Statutes, is amended to read: 57.082 Determination of civil indigent status.- (1) APPLICATION TO THE CLERK-A person seeking appointment of an a privato attorney in a civil case eligible for court-appointed counsel, or seeking relief from prepayment offees and costs under s. 57.081, based upon an inability to pay must apply to the clerk of the court for a determination of civil indigent status using an application form developed by the Florida ClerkS of Court Operations Corporation with final approval by the Supreme Court. (a) The application must include, at a minimum, the following financial information: 1. Net income, consisting of total salaIy and wages, minus deductions required by law, including court-ordered support payments. 2. Other income, including, but not limited to, social security benefits, union funds, veterans' benefits, workers' compensation, other regular sup- port from absent family members, public or private employee pensions, unemployment compensation, dividends, interest, rent, trusts, and gifts. 3. Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property. 4. AlI1iabilities and debts. The application must include a signature by the applicant which attests to the truthfulness of the information provided. The application form devel- oped by the corporation must include notice that the applicant may seek court review of a clerk's determination that the applicant is not indigent, as provided in this section. (b) The clerk shall assist a person who appears before the clerk aJ;ld requests assistance in completing the application, and the clerk shall notifY 39 CODING: Words ÐtReksR are deletions; words underlined are additions, Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 the court if a person is unable to complete the application after the clerk has provided assistance. (c) The clerk shall accept an application that is signed by the applicant a.'1d submitted on his or her behalf by a private attorney who is representing the applicant in the applicable matter. (2) DETERMINATION BY THE CLERK,-The clerk of the court shall determine whether an applicant seeking such designation is indigent based upon the information provided in the application and the criteria prescribed in this subsection. (a)1. An applicant, including an applicant who is a minor or an adult tax- dependent person, is indigent if the applicant's income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human Services. 2. There is a presumption that the applicant is not indigent ifthe appli- cant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the person's homestead and one vehicle having a net value not exceeding $5,000. (b) Based upon its review, the clerk shall make one of the following determinations: 1. The applicant is not indigent. 2. The applicant is indigent. (c) Ifthe clerk determines that the applicant is indigent, the clerk shall immediately file the determination in the case record. (d) The duty of the clerk in determining whether an applicant is indigent is limited to receiving the application and comparing the information pro- vided in the application to the criteria prescribed in this subsection. The determination pf indigent status is a ministerial act of the clerk and may not be based on further investigation or the exercise of independent judgment by the clerk. The clerk may contract with third parties to perform functions assigned to the clerk under this section. (e) The applicant may seek review of the clerk's determination that the applicant is not indigent in the court having jurisdiction over the matter by filing a petition to review the clerk's determination of nonindigent status, for which a filing fee may not be charged. If the applicant seeks review of the clerk's determination of indigent status, the court shall make a final determination as provided in subsection (4). (3) APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.-If the clerk of the court has not made a determination of indigent status at the time a person requests appointment of an a pri"at8 attorney in a civil case eligible for court-appointed counsel, the court shall make a preliminary 40 CODING: Words ütriÐk¡;R are deletions; words underlined are additions. Ch. 2007·62 LAWS OF FLORIDA Ch. 2007-62 determination of indigent status, pending further review by the clerk, and may, by court order, appoint pri"3te counsel on an interim basis. (4) REVIEW OF THE CLERK'S DETERMINATION.- (a) If the clerk of the court determines that theapplicant is not indigent and the applicant seeks review of the clerk's determination, the court shall make a final determination of indigent status by reviewing the information provided in the application against the criteria prescribed in subsection (2) and by considering the following additional factors: 1. Whether paying for private counselor other fees and costs creates a substantial hardship for the applicant or the applicant's family. 2. Whether the applicant is proceeding pro se or is represented by a private attorney for a fee or on a pro bono basis. 3. When the applicant retained private counsel. 4. The amount of any attorney's fees and who is paying the fees. 5. Any other relevant financial circumstances of the applicant or the applicant's family. (b) Based upon its review, the court shall make one of the following determinations and shall, if appropriate, appoint flrP'atg counsel: . 1. The applicant is not indigent. 2. The applicant is indigent. (5) APPOINTMENT OF COUNSEL.-In appOinting counsel after a de- termination that a person is indigent under this section. the court shall first appoint the office of criminal conflict and civil recional counsel. as provided in s, 27.511. unless specific provision is made in law for the appointment of the public defender in the particular civil proceeding. £§2~ PROCESSING CHARGE; PAYMENT PLANS.-A person who the clerk or the court determines is indigent for civil proceedings under this section shall be enrolled in a payment plan under s. 28.246 and shall be charged a one-time administrative processing charge under s. 28.24(26)(c). A monthly payment amount, calculated based upon all fees and all antici- pated costs, is presumed to correspond to the person's ability to pay nit does not exceed 2 percent of the person's annual net income, as defined in subsec- tion (1), divided by 12. The person may seek review of the clerk's decisions regarding a payment plan established under s. 28.246 in the court having jurisdiction over the matter. A case may not be impeded in any way, delayed in filing, or delayed in its progress, including the final hearing and order, due to nonpayment of any fees by an indigent person. ill(.Gf FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMA- TION.- (a) If the court learns of discrepancies between the application and the actual financial status of the person found to be indigent, the court shall 41 CODING: Words Ðtriekall are deletions; words underlined are additions. <tt- Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 determine whether the status and any relief provided as a result of that status shall be revoked. The person may be heard regarding the information learned by the court. Ifthe court, based on the information, determines that the person is not indigent, the court shall revoke the provi:,;ion of any relief under this section. (b) If the court has reason to believe that any applicant, through fraud or misrepresentation, was improperly determined to be indigent, the matter shall be referred to the state attorney. Twenty-five percent of any amount recovered by the state attorney as reasonable value of the services rendered, including fees, charges, and costs paid by the state on the person's behalf, shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund within the Justice Administrative Commission. Seventy-five percent of any amount recovered shall be remitted to the De- partment of Revenue for deposit into the General Revenue Fund. (c), A.person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under this section com- mits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Section 25. Paragraph (y) of subsection (2) of section 110.205, Florida Statutes, is amended to read: 110.205 Career service; exemptions.- (2) 'EXEMPT POSITIONS.-The exempt positions that are not covered by this part include the following: (y) All officers and employees ofthe Justice Administrative Commission, Office of the State Attorney, Office of the Public Defender, regional offices of capital collateral counsel, offices of criminal conflict and civil regional counseL and Statewide Guardian Ad Litem Office, including the circuit guardian ad litem programs. Section 26. Effective October 1, 2007, subsection (2) of section 125.69, Florida Statutes, is amended to read: 125.69 Penalties; enforcement by code inspectors.- (2) Each county is authorized and required to pay any attorney appointed by the court to represent a defendant charged with a criminal violation of a special law' or county ordinance not ancillary to a state charge if the defendant is indigent and otherwise entitled to court-appointed counsel under the Constitution ofthe United States or the Constitution of the State of Florida. In these cases, the court shall appoint counsel to represent the defendant in accordance with s. 27.40, and shall order the county to pay the reasonable attorney's fees, costs, and related expenses of the defense. The county may contract with the public defender or the office of criminal conflict and civil regional counsel for 9f the judicial circuit in which the county is located to serve as court-appointed counsel pursuant to s. 27.54. Section 27. Paragraph (qq) of subsection (1) of section 216.011, Florida Statutes, is amended to read: 42 CODING: Words ¡¡triekcn are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007·62 216.011 Definitions.- (1) For the purpose of fiscal affairs of the state, appropriations acts, legislative budgets, and approved budgets, each of the following terms has the meaning indicated: (qq) "State agency" or "agency" means any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government. For purposes of this chapter and chapter 215, "state agency" or "agency" includes, but is not limited to, state attorneys, public defenders, criminal conflict and civil recional counsel. capital collateral re- gional counsel, the Justice Administrative Commission, the Florida Housing Finance Corporation, and the Florida Public Service Commission. Solely for the purposes ofimplementing s. 19(h), Art. III ofthe State Constitution, the terms "state agency" or "agency" include the judicial branch. Section 28. Effective October 1, 2007, subsection (2) of section 744.331, Florida Statutes, is amended to read: 744.331 Procedures to determine incapacity.- (2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.- (a) When a court appoints an attorney for an alleged incapacitated per- son, the court must appoint the office of criminal conflict and civil recional counselor a private aH attorney as prescribed in s. 27:511(6). A private attorney must be one who is included in the attorney registry compiled pursuant to s. 27.40 8£. 27.49 and 27.12 by ths sirm;àt'g .^.Jtisls 17 iadig.ent ggrl'i¡:eg ssmmitt9E'. Appointments of private attorneys must be made on a rotating basis, taking into consideration conflicts arising under this chapter. (b) The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity. The alleged incapacitated person may substitute her or his own attorney for the attorney appointed by the court. (c) Any attorney representing an alleged incapacitated person may not serve as guardian of the alleged incapacitated person or as counsel for the guardian of the alleged incapacitated person or the petitioner. (d) Effective January 1, 2007, an attorney seeking to be appointed by a court for incapacity and guardianship proceedings must have completed a minimum of 8 hours of education in guardianship. A court may waive the initial training requirement for an attorney who has served as a court- appointed attorney in incapacity proceedings or as an attorney of record for guardians for not less than 3 years. The education requirement of this oaralrraph does not auplv to the office of criminal conflict and civil reci.onal counsel until Julv 1. 2008. Section 29. Effective October 1, 2007, section 938.29, Florida Statutes, is amended to read: 938.29 Legal assistance; lien for payment of attorney's fees or costs.- 43 CODING: Words strieken are deletions; words underlined are additions, Ch. 2007·62 LAWS OF FLORIDA Ch. 2007·62 (1)(a) A defendant determined to be guilty of a criminal act by a court or jury or through a plea of guilty or nolo contendere and who has received the assistance of the public defender's office, a special assistant public defender, the office of criminal conflict and civil regional counsel. or a private conflict attorney. or who has received due process services after being found indieent for costs under s. 27.52, shall be liable for payment of attorney's fees and costs. The court shall determine the amount of the obligation. Such costs shall include, but not be limited to, the cost of depositions; cost of transcripts of depositions, including the cost of defendant's copy, which transcripts are certified by the defendant's attorney as having served a useful purpose in the disposition of the case; investigative costs; witness fees; the cost of psychiatric examinations; or other reasonable costs specially incurred by the state and the clerk of court for the defense of the defendant in criminal prosecutions. Costs shall not include expenses inherent in providing a con- stitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of1aw. Any costs assessed pursu- ant to this paragraph shall be reduced by any amount assessed against a defendant pursuant to s; 938.05. (b) Upon entering a judgment of conviction, the defendant shall be liable to pay the costs in full after the judgment of conviction becomes final. (c) The defendant shall pay the application fee under s. 27.52(1)(b) and attorney's fees and costs in full or in installments, at the time or times specified. The court may order payment ofthe assessed application fee and attorney's fees and costs as a condition of probation, of suspension of sen- tence, or of withholding the imposition of sentence. The first $40 from attor- ney's fees and costs collected under this section shall be transferred monthly bv the clerk to the Department of Revenue for deposit into the Indigent Criminal Defense Tmst Fund. All remaining attorney's fees and costs col- lected under this section shall be deposited into the General Revenue Fund. (2)(a) There is created in the name of the state a lien, enforceable as hereinafter provided, upon all the property, both real and personal, of any person who: 1. Has received any assistance from any public defender of the state, from any special assistant public defender, from any office of criminal con- flict and civil regional counsel. or from any private conflict attorney. or who has received due process services after bein2" found indigent for costs; or 2. Is a parent of an accused minor or an accused adult tax-dependent person who is being, or has been, represented by any public defender of the state, by any special assistant public defender, by any office of criminal conflict and civil regional counseL or by a private conflict attorney. or who is receiving- or has received due process services after beinlr found indigent for costs. Such lien constitutes a claim against the defendant-recipient or parent arid his or her estate, enforceable according to law. 44 CODING: Words strieksa are deletions; words underlined are additions. Ch. 2007-62 LAWS OF FLORIDA Ch. 2007-62 (b) A judgment showing the name and residence of the defendant- recipient or parent shall be recorded in the public record, without cost, by the clerk ofthe circuit court in the county where the defendant-recipient or parent resides and in each county in which such defendant-recipient or parent then owns or later acquires any property. Such judgments shall be enforced on behalf of the state by the clerk of the circuit court ofthe county in which assistance was rendered. (3) The clerk of the circuit court within the county wherein the defend- ant-recipient was tried or received the services of a public defender, special assistant public defender, office of criminal conflict and civil regional coun- .ê.ê1 or appointed private legal counseL or received due process services after being found indigent for costs. shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section. A defendant-recipient or parent, liable to pay attorney's fees or costs and who is not in willful default in the payment thereof, may. at any time, petition the court which entered-the order for deferral ofthe payment of attorney's fees or costs or of any unpaid portion thereof. (4) No lien thus created shall be foreclosed upon the homestead of such defendant-recipient or parent, nor shall any defendant-recipient or parent liable for payment of attorney's fees or costs be denied any of the protections afforded any other civil judgment debtor. (5) The court having jurisdiction of the defendant-recipient shall, at such stage of the proceedings as the court may deem appropriate, determine the value of the services ofthe public defender, special assistant public defender, office of criminal conflict and civil regional counseL or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil càses at law. Section 30. Effective October 1.2007. section 27.42. Florida Statutes. is reoealed. Section 31. (1) The Legislature finds that the creation of offices of crimi- nal conflict and civil regional counsel and the other provisions of this act are necessary and best steps toward enhancing the publiclv funded provision of legal representation and other due process services under constitutional and statutory principles in a fiscallv responsible and effective manner. (2) It is the intent of the Legislature to facilitate the orderly transition to the creation and operation of the offices of criminal conflict and civil regional counsel. as provided in this act. in order to enhance and fiscally support the svstem of court-appointed representation for elicible individuals in criminal and civil proceeding-so To that end, the Legislature intends that the five criminal conflict and civil regional counsel be appointed as soon as practicable after this act becomes law. to assume a term beginning on July L 2007. Once appointed, the regional counsel shall use the period between July 1. 2007. and October 1. 2007. to complete the administrative and orga- nizational activities related to establishment of their offices. including, but 45 CODING: Words strickeR are deletions; words underlined are additions. Chò 2007-62 LAWS OF FLORIDA Ch. 2007-62 not limited to, hiring authorized assistant regional counsel and other staff. It is the further intent of the Lecislature that the recional offices becin assuming- representation of elicible individuals, as provided in this act. on October L 2007. If a court finds that a recional office is not sufficiently operational by that date to assume representation in a particular case, it is the intent of the Lecislature that the court appoint private counsel for that case. However. it is also the intent of the Lecislature that each recional office be fully operational no later than January L 2008. The Justice Admin- istrative Commission shall assist the recional counsel as necessary in estab- lishing- their offices. In addition. it is the intent of the Legislature that the various ag-encies and org-anizations that comprise the state iudicia! system also assist with the transition from current law to the creation and operation of the regional offices. (3) In furtherance of its finding-s and intent. the Legislature intends tò monitor and review the implementation of this act over a period of 3 years. identify any impediments to sucœssful implementation. and eva!uateifthe delivery of leg-al representation and due process services as prescribed in this act should be revised. Section 32. Each private attorney with an active court appointment as of the effective date of this act in a case for which the attorney will seek compensation from the state shall report the case number and type of case to the Justice Administrative Commission by July 15. 2007. unless he or she has already provided this information to the commission. If there is a short- fall in appropriations for court-appOinted counsel. the commission shall cive priority in payment to those attorneys who have fully complied with the' reporting- reQuirement of this section. Section 33. If any provision of this act or its application to any person or circumstance is held invalid. the invaliditv does not affect other provisions or applications of the act which can be civen effect without the invalid provision or application. and to this end the provisions of this act are sever- able. Section 34. Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law. Approved by the Governor May 24, 2007. Filed in Office Secretary of State May 24,2007. 46 CODING: Words EtrisksB are deletions; words underlined are additions. /~ FACA FLORIDA A5S0Cl^TION OF COUNTY A TIORNEYS )ð;~ 1111" prl"v.f» / ~ (fJ ffÝ '7f 0 (j/" C I JI U .. MEMORANDUM TO: FROM: County Attorneys Herbert W.A. Thiele, Leon County RE: Conflict Counsel DATE: December 5, 2007 Attached is an outline of FACA's statement that the counties cannot constitutionally be compelled to meet the obligations placed upon them vis-å-vis regional conflict counsels in the recently enacted 58 1088 (2007). See Ch. 2007-62, Laws of Fla. The FACA Board of Directors instructed me to circulate the attached document to the county attorneys to assist in the counties' handling of requests that are now forthcoming from the newly-appointed regional conflict counsels. Also attached for your information is a spreadsheet indicating the results of the informal survey that FAC transmitted to the county attorneys two weeks ago. Please feel free to contact me if you have questions, concerns or comments. HWAT/GDlgr Attachment '~~I; I~I ~JI j~ DEe - 7 2007 J CO. ADMIN. OFFICE ~ I) I: J'ì ì ' +-, ú'# f.!jiLri ' .~;"'¡/P' ") J ! I . U 0' Š~~· ~¡D) '(J~~ . ~.\ n ~' I ¡-" } I/)/"'/ W cc: Christopher L. Holley, FAC Executive Director John W. Smith, FAC Legislative Director Amanda Ghaffari, FAC Legislative Advocate Regional Conflict Counsel: FACA Statement Opposing S8 1088 (2007) The Florida Legislature enacted SB 1088 in 2007 to create a system of state appointed regional conflict counsels around the state in order to begin reforming the conflict counsel system in Florida, A component of that reform was to define the conflict counsel to be a part of the "office of the public defender", That definition was an attempt to have the counties fund the same costs for the conflict counsel that they fund for the public defender. See sec. 29.008, Fla. Stat. (enumerating county funding obligations for communications, information systems, and facilities). The Florida Association of Counties Attorneys believes that this legislative attempt to require the counties to fund a portion of conflict counsel violates, among other provisions, Article V, section 14 of the Florida Constitution. In fact, one of the main reasons for Revision 7'5 placement on the 1998 statewide ballot was to provide relief to the counties from the burdensome costs of conflict counsel. Article V, section 14(c), Florida Constitution: No county or municipality, except as provided in this subsection, shall be required to provide any funding for the state courts system, state attorneys' offices, public defenders' offices, court-appointed counselor the offices of the clerks of the circuit and county courts performing court-related functions, Counties shall be required to fund the cost of communications services, existing radio systems, existing multi-agency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the trial courts. public defenders' offices. state attorneys' offices, and the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall also pay reasonable and necessary salaries, costs, and expenses of the state courts system to meet local requirements as determined by general law. Constitutional Argument: Sentence One: Counties cannot be required to fund the state courts system, the SA, the PD or "court-appointed counsel" (alkJa conflict counsel), except as provided in Art. V, sec. 14(c) (sentences two and three) Sentence Two: The only thing Art. V, sec. 14(c) requires is the funding of communications. radio, CJIS, facilities for trial courts, PDs, SAs and clerks performing court functions. There IS NO MENTION of "court-appointed counsel" in the "must pay" sentence. Sentence Three: conflict counsel are not local requirements THEREFORE, counties cannot be required to fund the conflict counsel costs; they're excluded in sentence one and NOT put back in, even for a few cost items in either sentences two or three, Support for Constitutional Argument: Intent Document (written by the constitutional revision commissioners who drafted Revision 7, reforming Article V, section 14 in 1998): Second sentence of the document states: "It is the intent of the proposers that the state be primarily responsible for funding the state courts system. state attorneys' offices and publiC defenders' offices, and wholly responsible for funding court-appointed counsel and related costs necessary to ensure the protection of due process rights." THEREFORE, The plain language and the intent of the constitutional language leads one to the conclusion that conflict counsel is NOT supposed to be funded by the counties; the state is "wholly responsible". 2 FLORIDA CONSTITUTION ARTICLE V Judiciary Section 14. Funding. - - (a) All justices and judges shall be compensated only by state salaries fixed by general law. Funding for the state courts system, state attorneys' offices, public defenders' offices, and court-appointed counsel, except as otherwise provided in subsection ( c), shall be provided from state revenues appropriated by generanaw. (b) All funding for the offices ofthe clerks of the circuit and county courts performing court- related functions, except as otherwise provided in this subsection and subsection (c), shall be provided by adequate and appropriate filing fees for judicial proceedings and serviqe charges and costs for performing court-related functions asrequired by general law. Selected salaries, costs, and expenses ofthe state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions, as provided by general law. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees for judicial proceedings and service charges and costs for performing court-related functions sufficient to fund the court-related functions of the offices of the clerks' of the circuit and county courts, the state shall provide, as determined by the legislature, adequate and appropriate supplemental funding from state revenues appropriated by general law. (c) No c()unty or municipality, except as provided in this subsection, shall be required to provide any funding for the state courts system, state attorneys' offices, public defenders' offices, court-appointed counselor the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall be required to fund the cost of communication services, existing radio systems, existing multi-agency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the trial courts, public defenders' offices, state attorneys' offices, and the offices ofthe clerks of the circuit and county courts performing court-related functions. Counties shall also pay reasonable and necessary salaries, costs, and expenses of the state courts system to meet local requirements as determined by general law. (d) The judiciary shall have no power to fix appropriations. History. - - S.J.R. 52-D,1971 ;adopted 1972; Am. Proposed by Constitution Revision Commission, Revision No.7, 1998, filed with the Secretary of State May 5,1998; adopted 1998. Revision 7 Intent language from Constitution Revision Commission Journals STATEMENT OF INTENT REGARDING ARTICLE V, SECTION 14 A. Section 14(a). Section 14(a) requires the state to fund the state courts system, state attorneys' offices, public defenders' offices and court-appointed counsel, except as provided in subsection (c). It is the intent of the proposers that the state be primarily responsible for funding the state courts system, state attorneys' offices and public defenders' offices, and wholly responsible for funding court-appointed counsel and related costs necessary to ensure the protection of due process rights. Subsection (a) requires the state to: (1) Provide all funding for the state courts system, except as provided in subsection (c). As used in section 14, it is the intent of the proposers that the term "state courts system" be construed to mean the supreme court, district courts of appeal, circuit courts, county courts as well as any additional courts hereafter constitutionally created, and all divisions thereof. The state's obligation includes, but is not limited to, funding for all core functions and requirements of the state courts system and all other court-related functions and requirements which are statewide in nature. It is further the intent of the proposers that the state fund all salaries, costs and expenses of the state courts system necessary to ensure the rights of people to have acceSs to a functioning and efficient judicial system. The state's funding obligation pursuant to subsection (a) includes, but is not limited to, funding for justices, judges, judicial assistants, law clerks, court administrators, and their respective staffs and related costs including, but not limited to, office expenses and equipment, telephone services, operating costs, legal research, information technology resources except as provided in subsection (c), transportation and travel. The state shall continue to provide all funding for construction or lease, utilities, mainte- nance and security of facilities for the supreme court and district courts of appeals; (2) Provide all funding for salaries, expenses and costs of the state attorneys' offices, public defenders' offices, except as provided in subsection (c), and court-appointed counsel including, but not limited to, office expenses and equipment, telephone services, operating costs, legal research, information technology re-sources except as provided in subsection (c), transportation and travel. As used in section 14, court-appointed counsel means counsel appointed in criminal and civil proceedings; (3) Provide all necessary funding for court reporting/recording and transcripts. deposition costs, experts and other witnesses, consultants, interpreters, investigative services, mental health, scientific, medical or other necessary testing services and evaluations as required by the state attorneys, public defenders and indigent litigants, and all funding necesSary to provide a trial guaranteed by either the United States Constitution or the Constitution of the State of Florida; and C:\Documenls and SellingsledlonlLocal Se\ÖngslTemporary Internet ~i1es\ContenLOUUOOk\30NTGXDUIRevision 7 Intent Language.doc Revision 7 Intent language from Constitution Revision Commission Journals (4) Provide any other funding that may be required by the United States Constitution or the Constitution of the State of Florida for the administration of justice. It is further the intent of the proposers that the legislature ensure that the state courts system as well as appropriations for costs that must be incurred to ensure the rights of people under the United States Constitution or the Constitution of the State of Florida are protected from the across-the-board reductions which have been the traditional response to revenue shortfalls. The proposers also recognize that costs necessary to ensure due process rights including, but not limited to, court-appointed counsel, expert witness fees, court reporting services, and court interpreters can vary unpredictably from year to year. Given this reality, it is the intent of the proposers that the legislature adopt a procedure to provide adequate supplemental funding for the state courts system, state attorneys and public defenders in the event that appropriations in a given year, notwithstanding diligent efforts to achieve efficiencies, are insufficient. B. Section 14(b). Section 14(b) provides that all funding for the offices of the clerks of the circuit and county courts performing court-related functions shall, except as otherwise provided in subsections (b) and (c), be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions (hereinafter "filing fees, service charges and costs") which are collected and retained by the offices of the clerks of the circuit and county courts. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees, service charges and costs sufficient to fund the court-related functions of the offices of the clerks of the circuit and county courts, subsection (b) requires the state to provide adequate and appropriate supplemental funding from state revenues appropriated by general law, It is the intent of the proposers that the legislature, when developing the schedule of fiiing fees, service charges and costs, adopt: (1) a procedure to fund the offices of the clerks of the circuit and county courts when filing fees, service charges and costs are insufficient to cover the court-related salaries, costs and expenses of the offices of the clerks of the circuit and county courts in a given fiscal year; and (2) a procedure for the disposition of filing fees, service charges and costs retained by the offices of the clerks of the circuit and county courts which, at the end of any fiscal year, exceed the court-related salaries, costs and expenses of the off[ces of the clerks of the circuit and county courts during the preceding fiscal year. . It is further the intent of the proposers that the legislature. when developing the schedule of reasonable and adequate filing fees, service charges and costs, review the court-related operations of the offices of the clerks of the circuit and county courts and make an independent determination as to what should be the reasonable cost to perform the court-related operations of the clerks' offices. The drafters of subsection (b) recognize that there currently exists significant disparities among what the various clerks' offices spend to perform the same functions. The determination by the legislature as to the appropriate level of spending should not entail an acceptance of the current level of spending by the clerks' offices throughout the state to perform court-related functions. C:IDocumenlS and Settingsledionllocal SeltingslTemporary Internet 21esIContenl.OUUookl3DNTGXDUIRevision 71nlent language,doc Revision 7 Intent language from Constitution Revision Commission Journals Rather, it is the intent of this proposal that the clerks be held accountable and responsible to a cost standard which is independently established by the legislature. Subsection (b) also provides that selected salaries, costs and expenses of the state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs. In this regard it is intended that the legislature provide certain types of funding for the state courts system from appropriate filing fees, service charges and costs. Some examples of current revenue streams to the state courts of this nature include civil fees that go into the Court Education Trust Fund and the Mediation and Arbitration Trust Fund or local option fees used for purposes not inconsistent with other provisions of the proposed amendment. C. Section 14 (c). Section 14 (c) provides that no county or municipality shall, except as provided in subsection (c), be obligated to provide any funding for the state courts system, state attorneys' offices, public defenders' offices, court-appointed counselor the offices of the clerks of the circuit and county courts performing court-related functions. Pursuant to subsection (c), counties are required to fund the following costs: (1) Communication services. Subsection (c) requires counties to fund the costs of communications services. It is the intent of the proposers that communications services be limited to reasonable and necessary data communications-related cabling, hardware and software, and telephone system equipment and infrastructure not inconsistent with that utilized by each county within a given judicial circuit; (2) Existing radio systems. The counties' obligation to pay for radio systems is limited to those multi-agency radio systems in existence and funded by the counties on the date of adoption of this amendment; (3) Existing multi-agency criminal justice information systems. With the exception of existing multi-agency criminal justice information systems in existence or being implemented on the date of adoption of this amendment and currently funded by counties, counties are not obligated to fund information systems. As used herein, a multi-agency criminal justice information system means network cabling, hardware and software infrastructure required for efficient and effective support and integration of information system, and the applications within which this information resides, serving elements of the criminal justice system at the local level in each county or judicial circuit; (4) Construction or lease, maintenance, utilities and security of facilities. Subsection (c) requires counties to fund the cost of adequate and necessary construction or lease, maintenance, utilities and security of facilities for the trial courts, public defenders' offices, state attorneys' offices, and offices of the clerks of the circuit and county courts. As used in subsection (c), it is the intent of the proposers that: (a) "utilities" be limited to fuel, water and electricity; (b) "maintenance" be interpreted to mean preventative and corrective C:IDocuments and Settingsledion\Local Settings\Temporary Internet gJeslContent.oullookl3DNTGXDUIReVision 7 Intent Language,doc Revision 7 Intent language from Constitution Revision Commission Joumals facility renovation, repair and upkeep, custodial services and waste collection services. Service levels shall not be less than those provided by each county for its own services and programs; (c) "construction" shall include land acquisition, planning and design costs; construction costs for new facilities, the renovation or refurbishment of existing facilities, cabling or wiring for communications and technology, and fixtures and furnishings which are appropriate and customary for court-rooms, hearing rooms, jury facìlities and other public areas in courthouses; and (d) "security" shall mean all personnel, equipment and other costs reasonably necessary to secure the public and court-related personnel in leased and county-owned facìlities for the trial courts, state attorneys, public defenders, and clerks of the circuit and county courts performing court-related functions; and (5) Local Requirements. Subsection (c) also requires counties to pay for the reasonable and necessary salaries, costs and ex- penses of the state courts system to meet local requirements. A local requirement exists where there are special circumstances in a given circuit or county which have resulted in or necessitate implementation of specialized programs or the commitment of resources which would not generally be required in other circuits such as where a county adopts a local program, enacts a local ordinance or pursues extraordinary activities which have a substantial financial or operational impact upon a given circuit. Examples may include, but are not limited to, specialized support personnel, staffing and resources for video arraignments, pretrial release programs or misdemeanant probation. Core functions and requirements of the state courts system and other court-related functions and requirements which are statewide in nature cannot be local requirements. Further, it is the intent of the proposers that any function or requirement of the state courts system which is mandated by general law of statewide application cannot bea local requirement. The proposers recognize that over the years the counties have borne an increasingly large proportion of the costs of the state courts system as well as other costs such as court-appointed counsel, witness fees and court reporting services because of, among other reasons, shortfalls in revenue at the state level. It is the intent of the proposers that local needs which are caused by reduced or inadequate allocations by the state for the state courts system, either as a result of a decrease in the dollars allocated, an insufficient increase in the dollars allocated or a percentage reduction relative to other statewide allocations, do not create local requirements. Alan C. Sundberg Jon L. Mills C:\Documents and SettingsledionlLocal SettingslTemporary Internet íj!les\Content.OutIOOk\3DNTGXDU\Revision 7 intent lal1guage,doc BOARD OF COUNTY COMMISSIONERS ~ . ~eJell~ "~, COUNTY ,"'( . .,~,J;',..L.". ,0:· It I, D A:" . ':: JOSEPH E. SMITH COMMISSIONEf\ May 7, 2008 The Honorable Charlie Crist Governor of the State of Florida PL 05 Capitol 400 South Monroe Street Tallahassee, Florida 32399-0001 RE: Office Space - Office of Criminal Conflict and Civil Regional Counsel Dear Governor Crist: This correspondence is a follow-up to letters dated December 27,2007 and January 29,2008, addressed to you and Mr, Randy J. Ball regarding SI. Lucie County's concerns over facilities for the Office of Criminal Conflict and Regional Counsel, Copies of these letters are enclosed for your convenience and review, As indicated in the letters, although the County had serious concerns about the constitutionality of the new law, we attempted to comply by providing 1,640 square feet of office space in the County complex for Regional Counsel staff. The County also spent $2,621.25 to provide telephone and data hookups for the office space. On December 26, 2007, we contacted Regional Counsel's office to determine when they would be moving into this office space. It was then that we were informed that without prior notice to County staff, the Regional Counsel rented office space in downtown Fort Pierce Recently, our County Administrator received an email from the Regional Counsel requesting that the Board of County Commissioners pay the costs of that rented office space. A copy of the email is enclosed. The county prepared a space for Regional Counsel's office in one of our county-owned facilities. The Office of Criminal Conflict and Regional Counsel chose to rent at another location. For this reason, the County will not encumber our citizens' tax-dollars to pay for these costs. JES/caf Enclosures Copy to: Board of County Commissioners Douglas M. Anderson, County Administrator Dan Mcintyre, County Attorney Regional Counsel JOSEPH E. SMITH. DIStriCT No.1' DOUG COWARD, Dimicr No.2' PAULA A, LEWIS. DistriCT No, J . CHARLES GRANDE. DiStriCT NO.4' CHRIS C~AfT. Drsrrict No, 5 County Adminisrroror - Douglo.s M. Anderson 2.300 Virginia Avenue . Fort Pierce, FL 34982-5652 · (772) 462-1412 FAX (772) 462-21::31 · TOO (772) 462-1425 ~_ _~ L._:_.l1 .__ BOARD OF COUNTY ::OMMISSIONERS _""~~'"'' """"""",.' .d__-:-.,;.,..,'''"''"''''- ",",,,"",' ~."'~."..:. "-r, , . :',; ,;.,. . .. ", " .-........ ..,"'..... - . .'-' ",l, . .. .. ... _M__ - _. COUNTY ADMIN ISTRATOR DOUGLAS M. ANDmSON January 29. 2008 Randy J. Ball, Policy Coordinator Office of Policy and Budget Public Safety Unit The Capitol Tallahassee, FL 32399-0001 Dear Mr. Ball: Thank you for your letter of January 17, 2008 addressing St. Lucie County's concerns regarding facilities for the Office of Criminal Conflict and Civil Regional Counsel. In your letter, you stated, "It is our understanding that the space the County provided to Mr, Massa was not sufficient for the operation of a legal office; therefore, he sought alternative solutions." S1. Lucie County did provide sufficient office space together with telephone and computer hookups for Mr. Massa's operations. We have no idea why this has been portrayed differently. Once again, S1. Lucie County is disappointed that an alternative office location was tate of Florida at the expense of the taxpayers. /... Ugl¿ ~.~ Anderson ounty Administrator DMA/ab 08-08 c: Board of County Commissioners Governor Charlie Crist Victoria Montanaro, Executive Director, Justice Administration Commission Faye Outlaw, Assistant County Administrator Lee Ann Lowery, Assistant County Administrator Dan Mcintyre, County Attorney Mark Godwin, Criminal Justice Coordinator Roger Shinn, Central Serìlices Director JOSEPH E. )MITH. Dlsrncr Nc '1 .. DOUG COWÁ[1.[) Dlsrrlcf No.:2 . PAULA A LEWIS. District NQ, 2, . CHARL~S (jf\AHD[, DISHIer No 4 .. CHRIS ChAFì. DI~r(LCr Nc.. ~. COUMV AomH11srrcror - ~ou9105 rk Anderson 2JOC Virglnlo Avenu'2 . fon PlerC2. FL J49B1-5ó52 ' Phone (772) 462-1450 . TDD (77':}, ,i -'ló1-142E FA;::: 772 i 4ò::::-'lo4c . emoll. dou90@C0.si-i'~c;efiu: BOARD OF COUNTY :OMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M ANDEP.SON December 27, 2007 Governor Charlie Crist Office of Governor Crist State of Florida PL - 05 The Capitol Tallahassee, FL 32399-0001 RE: Office Space - Office of Criminal Conflict and Civil Regional Counsel Dear Governor Crist: As per Section 29.008(1), Florida Statutes, which requires counties to fund the cost of facilities for the Office of Criminal Conflict and Civil Regional Counsel, St. Lucie County made available 1,640 square feet of office space in the County complex for State funded attorneys. We also, at the County's expense, provided telephone and data hookups for this area to serve the Regional Counsel staff. A breakdown of these costs is attached We inquired through Phillip Massa, Criminal Conflict and Civil Regional Counsel. Fourth Region, whether or not he had funds available to pay the County for the space and he stated that the State had no such funds available. At that point, the County stated the space would be gratis. I have attached a copy of the lease agreement that was forwarded to them on December ih for your review. Yesterday, we contacted Mr. Massa's office inquiring when they were moving in and were informed that they have rented office space in downtown Fort Pierce using unnecessary taxpayers' dollars that we were told were not available. This letter is to put the State on notice that St. Lucie County will not be responsible for any rental reimbursement to the State and that we are requesting reimbursement of $2,621.25 for our wiring costs, If you have an~pestions, please feel free to contact me at 772-462-1450. l Sincerely, // / /, /l / / // ~ CH /,/J -- /¥- o ugla.~. Anderson ounty Administrator JOSEPH E. SMITH. DI5fr1G N,:, ~ .. DOUG COWAP,[;. Úlmh:l l'-i::::: .. PAULA ¡;... LE'.J.I[, Drsrnc No ~ . Cr-lARLE) GRAND~ DlSTrlCi No ä ,. CHR15 cnAr~ Dlmio I'll' ~ Counrv ÄOr'l""tIr'l'Srr:JTC" - úouç¡los ~l. Anoersc-- 2300 Virginlo Avenue. Fan Pierce F~ ~\¿[Qü:>505:2 . Phone 072146'2-1450 . TDD (772: 462-1420 F.Aì~ ,:'77'2 I 46~-1 Ó4Ô .. ~mai\ douga(~cc~,sr- iucie. fl.u: Governor Charlie Crist Page 2 DMA/jdp 07-131 CC Board of County Commissioners Lee Ann Lowery, Assistant County Administrator Faye Outlaw, Assistant County Administrator Mark Godwin, Criminal Justice Coordinator Dan Mcintyre, County Attorney Roger Shinn, Central Services Director Citizens' Budget Development Committee Attachments. I BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUG~AS ,\1\ AI~DEP,SON October II, 2007 Governor Charlie Crist Office of Governor State of Florida PL-OS The Capitol Tallahassee, FL 32399-0001 RE: Unfunded State Mandate/Office Space Dear Governor Crist: This week St. Lucie County was visited by Philip Massa, Criminal Conflict and Civil Regional Counsel, Fourth Region, who informed the County that we were mandated by State Statute to provide fully functioning offices for 10-12 State attorneys and staff no later than January 1, 2008, If the County doesn't provide the space, the State will lease the space from a private vendor with the cost being absorbed by the County. Please see the attached email fmm Mr, Massa confirming this, St. Lucie County has not only abided by the Property Tax Reform Legislation but has lowered our countywide millage rate by 1.49 mills over the past four years while at the same time being in a fmancial recove:y program as a r¡;sult of Hurricanes Frances, Jeanne, and Wilma. Due to these hurricanes, the County is renting off1ce space until replacement facilities are constructed. Now, after our 2007/2008 Budget has been adopted, we are mandated by the State to fund these costs, The 5,000 square footage required to house these State employees is an estimated annual cost of $55,000 plus $31,000 in utilities. How is local government supposed to continue existing programs, recover from the hurricanes, have its revenues reduced by state legislation and then absorb costs for additional unfunded State mandates? At this point, the County is trying to maintain its own and needs the help of the State Legislature and you to fund the costs of this new program. ",OSEPH E. SMlïH Di~pjC1 No.1" DOUG CO\VA["l,D, DiSHier N::.:2 . PAUl.A A. LEWIS. DlstrlC~ Nc,. J . CHA,i1.US Gi'.o.HDE Ol~n\:::· No';' .. CHRIS· CRAFì f)ISrflCf No 5 CounTV AdrT\lnr..tmror . Douglm M Arìde-rsof'l 23::;0 Virginia Aver"lue . 'orr P,er:e, FL 34982-5652 . Phone (772) 462-1450 . TDD (772) 462-'1426 FAX (772) 462-1648 · email dougo@ço,sr-luClefl.us web me: WWW.CO.ST-lucie.fI.Js Page 2 October 11, 200ï Unfunded MandarejOffice Space Please contact me at your earliest convenience on how this issue can be rectified. 8":J<.ncerdv.:. ," .' " , "l.._ DOUglas~. Anderson County Administrator DMAíab 07-95 c: Board of County Commissioners Faye Outlaw, Assistant County Administrator Lee Ann Lowery, Assistant County Administrator Dan Mclntyre, County Attorney Tom Genung, Court Administrator Ed Fry, Clerk of the Circuit Court Mark Godwin, Criminal Justice Coordinator Treasure Coast Legislative Delegation Citizens Budget Development CommIttee Attachment Ke: Otlice space Fan Pierce Page 1 of2 Douglas Anderson - Re: Office space Fort Pierce ~i.'~~~~,~:::-;i:t£i,?Aii'f::r,;,:,;"',:,,,;_~;:::::¡~"t'::::j-~':'~'::'~·l,;,';;¡:titi¡¡¡';;~'i:ll::!:,,;;~~;t~llll,IH.ftrl!'i."K'"-it:~~~}'~'~Uf--":'i~¡"ijli"",~"7;ii&'~"'¡(oI;'I~";;~~~;;i,,."';tr.~~:;;;::'~~"::-:v;,:¡>,:r~ln'~~l:ièiiI~iol.lt~, From: To: Date: Subject: "Philip Massa" <PhilipMassa _ RC4@jac,state.£],us> <DOD GA@stlucieco.gov> 10/11/20072: 18 PM Re: Office space Fort Pierce Doug: [ talked to my dependency chiefs, They estimate 2 dependency attorneys, I am estimating 2 criminal defense and at the top end 2 support. This number may change depending on the increase in case load, but thes~ numbers should be good for at least the first year. That could give you some breathing room and a chance to make your case for mare funding. This is a new program so specifics arc a httle difficult at first. ¡ am hoping to comain or reduce the criminal load. The dependency casc load is the one that keeps growing due to the nature of those cases, In the long term I had anticipated in the entire 19th judicial circuit IOta] 3 FTE but this is not the numbe:' you need to absorb. [just wanted to give you an overall view, 1 am sorry if you felt ambushed at our meeting I had been working with the court people since the beginning of September and 1 thought YOll had been advised. Tne bes! starter number! can give you would be 5, That could hold us at first. Also, if it makes it casicr for you the criminal can be split from the dependency (that would add 1 extra support, however), For example we can take 3 offices in one pan of a building and 3 offices in another part of the buildingìf that works for you bette: Later as more space beomes available we could combine spaces. Being in the courthouse saves on parking issues and security. Please let me know if I can privide any more information. Piease be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. ----- Original Message ----- From: Douglas Anderson <DOUGA@stlucieco,gov> To: Philip Massa Cc: ChrIS Craft <Chns_Crali:@.stll1cieco.gov>: Doug Coward <COWARDD@sllueieco.gov>: Daniel Mcintyre <DANM@stlucieco.gov>: Charles Grande <GrandeC@stlucieco,gov>: Joe Smith <Joc_Smith@stll1cieco.gov>;PaulaLewis <LewisP@stlucieco,gnv>; Lee Ann Lowery <LoweryL@stlucieco.gov>: Mark Godwin <MARKG@sllucieco,gov>; Faye Outlaw <OutlawF@stlucieco,gov>: Roger A Shinn <ROGERS@stlucieco.gov> Sent: Thu Oct 1 I 13: 13:072007 Subject: Re: Office space Fort Pierce We are conrinumg to try to tínd space to house your staff. Althuugh you have only given me 5 days to resolve this we can't make any final determinanons until we know the specific number of employees who will need office space Please provide me with this number a'iap. >>> "Philip Massa" <PhilipMassa_RC4@.jac.state,f1,uso> 10/9/20075:47 PM >>> Dear Doug: Thank you for taking the time to meet with me today, 1 enjoyed meeting with you to discuss Regional Conflict Counsel Offices m Fort Pierce. As we discussed the County', obligaTion to provide sufficient office space, please consider the minimum guidelines as required D\' Department of Management Services (OMS:I concerning space, lighting, parking, ete. The statute requires that the faciln:es are fully tùnctJoning no later than January 0 l. 200S As such please provide me with a file://C:\Documcnts and Senings\DougA\Loca: Senings\T emp\XPgrpwise\4 71 85A4ESl..... . 12/27/2007 Rc:.Office space Fort P~erce Page 2 of'2 fmn commltmen: in wri¡mg within 5 business days as to when the reqUIred spacc would b~ availab:e for approximately 10 to 12 attorneys and slaff. ¡fyour office cannOT or will not meet its statutory obligations, as was discussed at our meeting, I will lease space from a private vendor and the costs will eventually bc absorbed by the County, As ever, should you have any questions or concerns piease contact me at, (850) 728-7335. Also, I will as you requested, pass on your comments and observations to the requested panies in Tallahassee. Sincerely yours, Philip J, Massa Regional Conflict Counsel-4th Region cio Justice Administrative Commission P.O, Box 1654 Tallahassee, Florida 32302 fil~:I/C:\Documen':s and Settin!2s\Dou~A\Local Senmgs\Temp\XPgrpWISC\4 71 RSA4ESL, l2/27'2007 BOARD OF COUNTY COMMISSIONERS CRIMINAL JUSTICE COORDINATOR Mark J. Godwin Date: October 17,2007 n~" P;~fJ ' I )l í/)Þ / S pd';,"" To: Dan McIntyre, County Attorney Doug Anderson, County Administrator Faye Outlaw, Asst. County Administrator Mark Godwin, Criminal Justice Coordinator J4t,( From: Re: Office of Criminal Conflict and Civil Regional Counsel During this past Legislativc Session, the Office of Criminal Conflict and Civil Regional Counsel was enacted (FS 27.40) to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel. This new office will be appointed when the public defender is unable to provide representation due to a conflict of interest. Furthermore, the County is required by Article V of the State Constitution to fund court related 1ì.mctions of this new office (F.S. 29.008). Requirements of the County: 1. Facilities and cost of communications services, maintenance, utilities, and security (FS 29.008( I)). 2. Office Space for personnel and equipment in compliance with Florida Department of Management Services standards for space allotment (FS 29.008(1)(a)). 3. Storage for files and equipment (F.S, 29.008, (l)(a)). 4. Parking in connection with the facilities provided. (FS 29.008(1 )(a)). 5. All costs and fees associated with utilities and maintenance of utilities at facilities provided. This section describes utilities as light, heat, power and water. (FS 29.008(1)(d)), 6. Telephone system infrastructure. This includes computer lines, telephone system; telephone equipment, facsimile equipment and line charges (FS 29.008(1)(£)(1)). 7. The County must provide local and long-distance telephone service. (FS 29,008(1 )(f)(2)). 8. Computer system networks, systems and equipment. This includes hardware, software, modems, printers, wirihg, network connections, maintenance support staffand service. (F.S. 29.008(1)(f)(2)). 9. The County must provide courier messenger and subpoena service to the Office of Criminal Conflict and Civil Regional CounseL ænw:,,;, :1 . <I O~I~15kr&-iÍ'ßg,lr ~'5 JOSEPH E. SMITH DistriCT No.1' DOUG COWAf\D, DiSTrict No.2' PAULA A. lEWIS, DistriCT No ,J . CHA"lES GRANDE, DiSHict Counry Administroror - Douglos M_ Anc!elsor, I 2300 Virginia Avenue . Jrd Floor Admin. Annex . Fort Pierce. FL 34952-5652 . Ph tG07AOMlN.-0JafíICE i FAX(772)462-1440 . TDD(772)462-1425 , On October 16,2007, Don McLam (Central Services), and myself met with Mr. Massa, Director of the Fourth Regional Conflict Counsel Office, and he was satisfied with the office space. This area is located in the snack bar area in front of the old civic center. ThIs ot1ìce space provides for compliance ",ith all of the facility requirements as outlined by Florida Statute (.office space, storage, parking, utilities, and maintenance). Mr. ' Massa's Office will be using the County's Mail Room (he will pay postage), and this will fulfill the courier requirement. (The courts have a daily courier). Furthermore, all phone lines and computer wiring have been installed, and I have asked the County's LT. Office to provide cost estimates for accessing the county computer network, and phone system. I will continue to work with Mr. Massa and will provide you updates. I /'; ill alsa ag.;~t Mr. Massa iR devillopiRg a hwiget fur tn\: 97/08 fi~cal year. ~ Cc: B.O.c.c. Chief Judge Roby Tom Genung, Coun Administrator Dennis Wetzel, I.T. Director P.S.c.c. Members Philip J. Massa, Director of the Regional Conflict Office Marie Gouin, Director ofO.M.B. : STATE OF R.ORIDA Q&ffíct of tþr ~obtrnor CHARLIE CR1ST GOV3RNOR THE CAPITOL TALLAHASSEE, R.ORlDA 32399-0001 www.flgov.com 850-488-7146 850-487-080] fax 11 November 15, 2007 Mr. Douglas M, Anderson County Administrator, St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. Anderson: Thank you for writing to Governor Charlie Crist in order to voice your concerns relating to the counties' statutory obligation to supply office space for the Regional Conflict Counsel. The Governor appreciated receiving your letter and has asked that I respond on his behalf. As you are aware, Senate Bill 1088 re-structured the process through which Indigent persons and certain other eligible persons are provided criminal and civil representation at state expense. The bill also provided that counties will provide office space for the new Regional Conflict Counsels and their staft, The legislature appropriated funds to offset the cost of the space for the remaining 2007- 2008 fiscal year. The bill also provided that counties will provide the space in future years similar to the current arrangement with the Offices of the Public Defender We appreciate the difficulty in funding essential government services, as the state of Florida is facing a more than $2 billion dollar shortfall in state revenue this fiscal year, However, the provision of these legal services is essential to ensure legal representation to those entitled to it by law. It is our belief, and the belief of the legislature that this new process will generate cost savings for the state, and ultimateiy the taxpayers themselves. After your letter was received, Mr. Massa informed us the situation relating to space for the conflict offices in your county has been resolved and we appreciate your cooperation. As a final pOint, you may wish to share your comments with members of your local legislative delegation as they review the implementation of this law and make decisions on potential revisions. Again, thank you for taking the time to share your views with Governor Crist Sincerely, ~~~'" Office of Policy and Budget Public Safety Unit RB/mmd NJ 9. BOARD OF COUNTY COMMISSIONERS November 21,2007 COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON Senator Ken Pruitt 1850 SW Fountainview Blvd., Suite 200 Port St. Lucie, FL., 34986 Dear Senator Pruitt: Please find attached a November 15th letter received from Randy J. Ball, Policy Coordinator, Office of Policy and Budget, Public Safety Unit, Office of the Governor, in response to my letter of October 11th to Governor Crist voicing my concerns relating to the unfunded mandates of counties statutory obligation to supply office space for the Regional Conflict Counsel. In response to my letter, Mr. Ball writes, "As a final point, you may wish to share your comments with members of your local legislative delegation as they review the implementation of this law and make decisions on potential revisions." With decreasing property values, increasing unfunded mandates such as this, together with property tax reform legislation, we are once again requesting assistance to fund these programs and other unfunded mandates. DMAjab 07-113 c: Board of County Commissioners Faye Outlaw, Assistant County Administrator Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney Tom Genung, Court Administrator Ed Fry, Clerk of the Circuit Court Mark Godwin, Criminal Justice Coordinator Citizens' Budget Development Committee Attachment JOSPH E. SMITH, Disrncr No.1" DOUG COWAI\D, DistriCT Nc, 2 . PAULA A. lEWIS, Di<..rrict No .3 .. ChA.RlE5 Gr\ANDË. D!.srrlcr No 4 .. CHr\IS (r1.AFT, Distrlct'No 5 Counry AdminiSTraTOr - Douglos ,~/1. Anderson 2300 Virgin:o Avenue' Forr Pierce, FL 34982-5652 · Phone (772) 462-1450 . TDD (772) 462-1425 FAX (772) 462-1645' erno!l: dOlJgo@co.sr-lucíeflu5 web sire: www.co.st-Iucie.fl.us Letter No. 07-113 regarding Unfunded Mandates/Office Space for Regional Conflict Counsel was sent to the local Legislative Delegation: Senator Ken Pruitt 1850 SW Fountainview Blvd., Suite 200 Port St. Lucie, FL., 34986 Senator JD Alexander 122 E Tillman Avenue #1 Lake Wales, FL., 33853-4130 Senator Mike Haridopolos 2955 Pineda Causeway Suite 215 Melbourne, FL., 32940-7307 Representative Richard Machek 100 N US Highway 1 Fort Pierce, FL., 34950-4205 Representative Stan Mayfield 1053 20th Place Vera Beach, Florida 32960 Representative Gayle Harrell 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida 34984 Representative William Snyder 2400 South Federal Highway Suite 250 Stuart, FL., 34994-4590 .. AGENDA REQUEST ITEM NO. /0 DATE: July 8,2008 REGULARJQ. PUBLIC HEARING ( ) CONSENT PRESENTED BVø/· Leo J. Cordeiro, Solid Waste Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Department SUBJECT: Staff request Board approval of Resolution No. 08-213 - Solid Waste Rate Resolution, to increase the rate for class I garbage from $32 per ton to $41 per ton, the construction and demolition debris rate from $19 per ton to $29 per ton and the rate for yard waste from $20 per ton to $26 per ton, effective October 1, 2009, as prepared and approved by the County Attorney. This Resolution will also establish a rate for spent fluorescent light bulbs of .20 cents per bulb for St. Lucie County businesses and .40 cents per blub for non-county businesses. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Staff recommends Board approval of Resolution No. 08-213 - Solid Waste Rate Resolution, to increase the rate for class I garbage from $32 per ton to $41 per ton, the construction and demolition debris rate from $19 per ton to $29 per ton and the rate for yard waste from $20 per ton to $26 per ton, effective October 1, 2009, as prepared and approved by the County Attorney. This Resolution will also establish a rate for sent fluorescent Ii ht bulbs of .20 cents per bulb for St. uCle Coun uSlnesses an .40 cents per blub for non-co usinesses. COMMISSION ACTION: ('lJ. APPROVED ( ) OTHER ( ) DENIED County Attorney (x) Å !i Other ( ) Finance: (check for copy, only if applicable) _ Approved 5-0 - Motion to approve Resolution No. 08-213 as amended to remove the proposed rate increases for Class I Garbage and only approve the fluorescent light bulb increase effective September 1, 2008 with direction to staff to bring~ tres back the rate increase on July 15, 2008 at 6:00 p.m. or as soon thereafter as possible. Other ( ) CONCURRENCE: . ¿f -:.. D glas M. Anderson County Administrator Purchasing ( ) ~ Other ( ) " . PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM FROM: Board of County Commissioners Leo J. Cordeiro ~ Solid Waste Director ~ TO: DATE: June 23, 2008 RE: Solid Waste Rate Resolution In January of 1992, the tipping fee rates at the St. Lucie County Landfill were $51 per ton for class I garbage, $36 per ton for construction and demolition debris and $36 per ton for yard waste. The rates were reduced in January of 1994, October of 1995, May 1996, and April of 1998. The rates charged for solid waste disposal have not increased in 17 years and are now at $32 per ton for class I garbage, $19 per ton for construction and demolition debris and $20 per ton for yard waste. This fiscal year the Solid Waste Department will experience a $2.5 million shortfall in revenues versus expenditures. Our budgeted revenue for this fiscal year is $13,000,000 and it appears we will bring in approximately $9,000,000. This is due to a economic downturn impacting all aspects of government. The Solid Waste Department has implemented numerous cost saving measures. We have cancelled the office cleaning service, lawn maintenance service, stopped purchasing bottled water, dramatically reduced overtime, reduced staff, and installed motion sensors on all office light switches. The cancelled services are now being accomplished with existing personnel. Our total operating cost in 1992 was approximately $6,000,000 and in 2008 our total operating cost is estimated to be approximately $12,000,000, a 100% increase. Our consulting engineers, COM, has reviewed the costs, revenues, and proposed increases. Attached is the COM documentation. The impact to an individual home for residential services in St. Lucie County is $1.20 per month. If approved, this will allow 15 months notice for budgeting and adjustments to the tax rolls for both cities and the county non-ad valorem tax roll. If the Board of County Commissioners approves the Fluorescent Light Recycling Program, presented on a different agenda item, this Resolution will also establish a rate for spent fluorescent light bulbs of .20 cents per bulb for St. Lucie County businesses and .40 cents per bulb for non-county businesses. Please contact me if you have any questions. LJC:dls Attachments · RESOLUTION NO. 08-213 A RESOLUTION INCREASING THE TIPPING FEE RATES AT THE ST. LUCIE COUNTY LANDFILL AND ESTABLISHING A FEE FOR THE SPENT FLUORESCENT LIGHT BULBS AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (the "Board"), has made the following determinations: 1. The rates for solid waste disposal for class I garbage, construction and demolition debris and yard waste håve not increased in 17 years. 2. Due to the economic downturn impacting all aspects of government, it is necessary to increase the rate for class I, construction and demolition debris and yard waste. 3. The Board has determined that there is also a need to establish a rate for spent fluorescent light bulbs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the fees for use of the St. Lucie county Glades Road Landfill shall be as follows: SECTION A: 1. Minimum fees for disposal of all solid waste. a. Automobiles and utility vehicles: Regular fee Uncovered $2.50 per load $5.00 per load b. Vans, trucks, including open bed pick-up trucks, trailers: Regular fee Uncovered fee $4.50 per load $9.00 per load 2. Tonnage rates, applicable to all loads in excess of the minimums set forth in paragraph 1. 5tFlIsh thFðtlgh passages/words are deleted. 1 Underlined passages/words are added. a. Class I - all solid waste except for yard waste and trash, construction and demolition debris, septage, white goods, hazardous waste, tires, special waste and excluding any other solid waste restricted from disposal in the County Landfill by federal, state or local regulation: Regular fee Uncovered fee $~ $64:00 41.00 per ton 82.00 per ton b. Class III - Construction and demolition debris, building materials, and packaging materials: RegUlar fee Uncovered fee $l9:OO $a&OO 29.00 per ton 58.00 per ton c. Yard Waste - vegetative matter resulting from landscaping maintenance and land clearing activities: Regular fee Uncovered fee d. Whole tires: Minimum fee $W:OO $4e:OO 26.00 per ton 52.00 per ton $.80 per automobile tires smaller than 20" rim size for disposal of up to 5 automobile tires Automobile tires (less than 20" rim size) Tonnage rates, applicable for disposal of more than 5 automobile tires: Regular fee Uncovered fee $ 80.00 per ton $160.00 per ton e. Shredded or split tires: Regular fee Uncovered fee Str~eh thro~!lh passages/words are deleted. $ 51.00 per ton $102.00 per ton 2 Underlined passages/words are added, f. All tires 20" rim size and larger including float tires, truck tires and off road tires: Regular fee $300.00 per ton (No cover required) g. White goods and other appliances: Secured fee Unsecured fee $2.50 per load $5.00 per load h. Clean Wood . Regular fee Uncovered fee $15.00 per ton $30.00 per ton NOTE: Pressurê treated wood~ and painted wood, wood pallets ðnd nails are not acceptable. 3. Special Wastes - wastes requiring special handling including but not limited to ashes, asbestos, and contaminated soils: Regular fee Uncovered fee $ 70.00 per ton $140.00 per ton Spent fluorescent light bulbs $ 20 per bulb for St. Lucie County businesses $.40 per bulb for non-county businesses A minimum one ton fee will be charged for disposal of all special wastes. 4. Miscellaneous Fees. Misc. Weight determination: $2.50 per weighing Disposal of solid waste generated outside of St. Lucie County shall require the approval of the Solid Waste Director or his designee and shall be charged at twice the stated fee. Strtleh tkrotl!k passages/words are deleted. 3 Underlined passages/words are added, SECTION B. Municipalities and permitted operators shall pay the fees specified in Section A of this Resolution monthly following receipt of collection charges. SECTION C. All other users of the Landfill shall pay the fee specified in Section A of this Resolution upon disposal of the material at the St. Lucie County Landfill unless the user has entered into a Landfill Use Agreement with the County and posted the required security. SECTION D. The rates for spent fluorescent light bulbs shall be effective September 1, 2008. All other revised rates set out in this Resolution shall take effect October 1,2009. After motion and second, the vote on this Resolution was as follows: Chairman Joseph E. Smith Vice Chair Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED this _ day of July, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Str~eh tkrstlgk passages/words are deleted. 4 Underlined passages/words are added. Page 1 of 4 CDIVI 1601 Bcl...-ede-r-e- Read, Sllift' 211 'SOtdll '^~, P,fIhn B(,.Kh, FlQriddn4P6 ..I; 5&1 6lI9" lJJ6 fa", \061 6B9-97H June 26,2008 Mr. Leo J. Cordeiro Solid Waste Diredor St. Lucie County 6120 Glades Cut-Off Road Fort Pierce, Florida 34981 Subject: Estimate of Required Tipping Fee Levels for riseal Year 2010 DeM Mr. Cordeiro: As you requested, CDM has estimated the required levels for lipping fees for lheFiscal Year beginning October 1, 2009 (Fiscal Year 20"JO), We understnnd you have requested this analysis well in advance of that year to nllow adequate pliuUling by other íurisdicticllls whkh will be affected by any adjustments to tipping fees. To develop our estimated levels for lipping fees, we agreed to base Ollr analysis on annualized Fiscal Year 2008 year-to-d<\tc solid wasle tonnage deliveries Clnd expenditures. As has been recently reported by many jurisdictions, solid waste deliveries have actually decreased sigtüficantly, largely as a resull (I( housíng market economics. 13eCi\Usc solid waste revenues are generated on a per-ton tipping fee basis, such loss of tonnages exerts negative operating leverage causing revenues to decrease at a much fastcr ratc than costs, Accordingly, to sustain revenue adequacy, a review of the cost of service and resultant tipping fee requirements is appropriate at this tíme. Table A presents an analysis of Fiscal Year 2008 year-ta-date costs, adjusted cosls (or Fiscal Year 20-10, and the allocation of costs to the Ibree waste categories of Class t C&D, and Vegetative wastl'S. Annualized costs to dole have bt:'en escalated by three percent for two years to derive estimated Fiscal Year 2010 cost... Many of the line items have been allocated ratably to each wasIl' class based on their respective percentages of tonnages, Other line items are assigned based on the sredfie benefit they provide to a particular wilste dass. Table B presents the calculated rate per Ion of solid waste for each waste dass. Rounding up to Ihe nearest $1.00 per ton provides some contingency in developing the recommended levels for tippìng fees eHeclive October 1, 2009. The recommended lipping fees are: L:lllì'Ì-uhiny. t'!f'lQlilu!'e(ìl"l9' (Q~$\",J(..iQ"· oøli>.ilI1Ions N,'~~Jt.wUl33Qld.. 13 III Ul :3 () ~~! ~"'O U]Œr- I&l~Z ~>Q ~ð5 O~~ ~~~c 1Jj.(u..~ ~ºlß!I) ~gæ~ L1.":z - Z ill tii:a: ZA.- x~;:;l !:Sß~ ~¡w ~~m .(/) ¡.,.w (/) a: c !! « ~ iã Page 2 of 4 iÊ j. ~ ~2 E ""Z- ~;j #¡þ. S. iiQ 1..1.. .... !1! ~ _ "q; 'il î '5 ~ g: 55 _~ ~ ~* ðð 55 ~ &I,,, i! "2) ¡..... 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III ~,o",~~~2~ð~~c~~~i~8C~~~~ ~ ~a~ ~ õi ~,~ l ~I t ~!~ Ij ~ ,g ~ 0 0 I ~ ~ ~ i II) I'- III .j! I~ Õ ~ .. !.! .~ I~ ~ ! ~ ~ i ~ 81 ~ ~Im~ ¡) i ~ ~ ! £ £ ~ :3 ~ j ~ ~ ¡. g I!II ~ g ~ ~ ~ I~ ~ ~ ~ ~ I'- .. ~ , ~ ., .... I:~!i!;j !-y~ ~ ~- 8 .~ ðl.( ~ i~¡f å '. .,; Q C <II J: l!! '" ~ î .. <II t;¡ .¡; ¡¡ I: o " II VI B l!! II .c Õ ~ .. l î .9 #. o ,.; ~ ~ l3 Q . ~ g '" .- Iil~ ~,:¡ :> ~ 8.,.. .!!1 :! g c -!i Ollll :tf ¡~ :28- ~~ 0.« -- :::..e Page 3 of 4 <0 0 co 8 .~ .... ~ .... <0 ~ ~ as" 0) 1ii .... ~ II) .n ãi C'I! ¡:; ..- :!ii f=- ~ {) ë ~~ (/) i c:- (/) co 8 c~ ::Eo:5 II) 0 ~~ Cl) ß fD .... llí:ll1 .... ...: IlÖ 0 w....U - I-°w 0 Ñ IÓ N N ¡;; 00 (/)(\I- ~ lO lß II) 1-"0 ~ 4l "O.!! )-a:(/) Ñ .E ~~< <110 {) til j¡j.t.: 1-)-3 ::l E ~ (/).,J)- ¡ .t; j¡ «aJ 14') 8 0 w.... s:~(/) II) § C ;0,<11 .... ~ .Q~ o-Hi It) IlÖ cri -E :::ï11.11. U) cri ....: M ~ 3= "00 Oc:: ~ .... {) Q)- U) M (\ ..¿ :20. aJ(/)oø <\I có ,. ;¡ - 11. Z ü !l '6"0 w< - lß ...Jo(/)Il. iij (/) <II m-wQ, --0 ::l <: C <a: WI-- c <lJ ::I 1--011.0 æ I: e ..::Jø.... ~ c U.zo ~ Q a; .- 0 )-"- (\ ... .- 6-1- I--Il.)- - ~ "t¡l (/) € <II '- z!l:u. 1: c S a:() ::>1-11. () 0 ~ ¡å ~~ 000 ~ ff I- uwz .... !. c UI <II IX: <110 !!:!!(Q 0:; (II 0. 3: oQ >U c c: <11- U::ES 0 g- o Æ 8 a:~ ::>- :¡:;: I-- IJ... - 0 a: oN ~!ñ::> lii 01 <~ <\II- 'C: III C Cl)tll ::Ii I--Wu u :J :I (il ã. <II C æ c: II) ...J ~ ~ Õ 0. ~>- ~'lõ t3 0 I- ¡:: I-"B.è-E Q¡ S ã1 "0 8 ~ <\1.- a: <II cñ'õ.... ~ 0 a; "0 ...u:el-J} l- E ~ -fI)OlU)Cf.) c:: al ~ E ~~~~~ ~ 1ij L1J E -¡¡¡ E 0 ~g2&& 'ii 0 õ <II ;:-~ t?~ I-- W IX: -- ~~ Page 4 of 4 CDM Mr. Leo J. Cordeiro June 26, 2008 · Class I~ $39.00 per ton, · C&D: $28Jll.) p~>r tOil. · Vegetative: $26.00 per Ion. We all recogl\ize that the fU rrent economic climate Ì.'l very volatile, ¡md significant changes could occur in prices, solid waste genenltion rates. and other parameters over the cour.~e of the next year. Accordingly, we re(~ommend that this unalysis be revisited" year hence, early during the budget prep¡¡r¡~tion cycle 10 confirm or revise our estimates. We apprecìate the opportunity 10 serve Sl. Lucie County on this important assignment. Please contact us wílh any qu.estions or COInments. Thank you. Ve~y truly yours, !P ~j}f: ¡tl~ Daniel T. Anderson, P.E, ßCEE Principal EngiIleer e\mp Dresser & McKee Inc. c: Ron Roberls Eric Grotke File: 6277-61879-1.191 tU1271'WLB3J91dcc MOSQUITO CONTROL DISTRICT www.co.st-Iucie.fl.us II.l~_liÌ'I.w.if . ., . mllmml"IÎ.¡.IÎlflmlûillÎuillil. 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 II_ìlml._iÌillìÎ_liÌi..rilìlmmm~I_¡immiÌil.im.lillillliÎ11...1111 I. MINUTES Approve the minutes from the June 10, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 37, 38, 39 and 40 B. PURCHASING Permission to terminate contract #C07-1O-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District - Consider staff recommendation to approve to terminate contract #C07-1O-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District, and authorize for the Chairman to sign the contract as prepared by the County Attorney. 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,F LORIDA REGULAR MEETING Date: June 10, 2008 Convened: 10:30 a.m. Adjourned: 10:31 a.m. Commissioners Present: Chairman, Charles Grande, Joseph Smith, Paula A. Lewis, Doug Coward, Chris Craft Others Present: Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes of the meeting held May 27, 2008, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved Warrant List No. 35 aned 36. B. MOSQUITO CONTROL The Board approved utilizing funds from Surplus Equipment Sales, in the amount of $31,697.00 as outlined in the Background Memorandum, and approved Equipment Request No.'s 08-298 Revised, 08-321, and Capital Project Summary Form 08-124 (Attachments 1-4). There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of the Circuit Court 06/13/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #37- 07-JUN-200B TO 13-JUN-200B FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund GRAND TOTAL: EXPENSES 25,932.46 25,932.46 PAGE 1 PAYROLL 41,143.87 41,143.87 06/20/08 FZABWARR FUND TITLE 145 Mosquito Fund ST. LUCIE COUNTY - BOARD WARRANT LIST #38- 14-JUN-2008 TO 20-JUN-2008 FUND SUMMARY- MOSQUITO GRAND TOTAL: EXPENSES 67,031.37 67,031.37 PAGE 1 PAYROLL 0.00 0.00 06/27/08 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 21-JUN-2008 TO 27-JUN-2008 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 60,408.17 60,408.17 PAGE 1 P.l\YROLL 41,123.02 41,123.02 ..... _' "". "',"~' "11&' '.' .,""", ~ ~~,J.i,~f~l~i!l:"~~~ ~,' ,',' ','", " I!,!.,., i.J1fI,'· ' , , " ~'G " \" ~. _ }l ' ITEM NO. B DATE: 07/08/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to terminate contract # C07-10-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 145-6230-531000-600 Professional Services PREVIOUS ACTION: Contract #C07-1 0-624, awarded 10/23/07, agenda item #C2-B. RECOMMENDATION: Staff requests Board approval to terminate contract # C07-10-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: (~ ( ) APPROVED OTHER Approved 5-0 () DENIED Mosquito Control lJ-/ (X) \:-ð~ County Attorney (X) CONCURRE E: Coordi nation/S ianatu res Mgmt & Budget (X) Jy fì.~ Purchasing (X) ,;~ Other Finance (J for copy only if applicabie) ~æ¡I;lf.i1!:íí\;"lir;f,1,~~~1¡;~"'liit.. ~~~~~~~~t~~g~ PURCHASING DEPARTMENT MEMORANDUM ~~ TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Directo~ DATE: June 5,2008 RE: Permission to terminate contract # C07-10-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District. BackQround: The District requires "on call" electrical contracting services to maintain all district equipment and facilities. This service covers District facilities, including: pump stations, pumps, aerator stations, and offices. Invitation to Bid 07-085 was issued on August 29,2007, and the ITB opened on September 26, 2007. The awarded bidder, PSL Electrical Contractors, Inc., (Port St. Lucie, FL) cannot perform this contract. A thirty (30) day termination letter (attached) dated June 6, 2008, has been sent to PSL Electrical Contractors, Inc. Board action regarding this contract shall be retroactive to the June 6, 2008 date. Recommendation: Staff requests Board approval to terminate contract # C07-10-624 with PSL Electrical Contractors, Inc., and award a contract to Richmond Electric (the second low bidder) to perform electrical services on an "as needed" basis for the St. Lucie County Mosquito Control District, and authorization for the Chairman to sign the contract as prepared by the County Attorney. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEII_ APPEL, C.P.M. Purchasing Director VIA FACSIMILE (772) 879-7911 CERTIFIED MAIL - RETURN RECEIPT June 6, 2008 Joseph Genovese, President PSL Electrical Contractors 534 NW Mercantile Place, Unit #103 Port St. Lucie, Florida 34986 Re: Cancellation of Contract C07-10-624 Electrical Services as needed for the St. Lucie County Mosquito Control District Dear Mr. Genovese: Pursuant to Paragraph 16(8). Default; Termination, St. Lucie County is hereby terminating the October 23, 2007 contract (C07-1 0-624) without cause effective thirty (30) days from the date of this letter. Please note that all approved work and billings should be completed and submitted prior to the final date of this period. Please feel free to contact me should you have any questions. Sincerely, ":,;' ")/',>7 ~ /'_:::;::> ..' ~¿¿/ ~~ Neil Appel, C.P.M. Purchasing Director copy to: County Attorney Finance, Grants & Contracts JOSEPH E. SMITH. DiSTrlcr No, 1 . DOUG COWARD, District No, 2 . PAULA A, LEWIS. Dlstricr No. J . CHARLES GRANDE. District No, 4 . CHRIS CRAFT, District No 5 County Administrator - Douglas M, Anderson 2JOO Virginia Avenue · Fort Pierce, FL J4982-5652 · Phone (772) 462-1700 FAX (772) 462-1704 . TDD (772) 462-1428 web site: www.cQ.st"lucie.fl.us EROSION DISTRICT www.co.st-lucie.f1.us Û.rImI._¡,m_ÎlIÎï¡iìMll'ü'I-___-ll'i___.â.ÌlÎ.._¡ïr_IIlf1BÎill'lDillmiiíÎll 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 ll¡_...~m._ïl_¿'.~~-'""""""""...-~~Î*i_R I. MINUTES Approve the minutes from the June 10, 2008 meeting. Approve the minutes from the June 17, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 37, 38, 39 and 40 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings wili 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 wili be sworn in. Any party to the proceedings wili be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 10, 2008 Convened: 10:31 a.m. Adjourned: 10:32 a.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Smith, seconded by Com. Coward, to approve the mintues from May 27, 2008, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS 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. A. WARRANT LIST The Board approved Warrant List No. 35 and 36. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of the Circuit Court 06/13/08 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #37- 07-JUN-2008 TO 13-JUN-2008 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund GRAND TOTAL: EXPENSES 1,555.70 1,555.70 PAGE 1 PAYROLL 4,966.40 4,966.40 06/20/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #38- 14-JUN-2008 TO 20-JUN-2008 FUND SUMMARY- EROSION FUND TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 7,945.34 7,945.34 PAGE 1 PAYROLL 0.00 0.00 06/27/08 FZABWARR FUND 184 S~. LUCIE COUNTY - BOARD WARRANT LIST #39- 21-JUN-2008 TO 27-JUN-2008 FUND SUMMARY- EROSION TITLE Eros~on Control Operating Fund GRAND TOTAL: EXPENSES 6,613.56 6,613.56 PAGE 1 PAYROLL 4,999.40 4,999.40